What's happening
This bill allows family courts to order child protective agencies to provide services to respondent parents during child protective proceedings.
Why it matters
Gives family courts the explicit authority to order child protective agencies to provide services or assistance to parents who are respondents in child protective cases, not just to non-respondent parents or custodians. This can help address family needs while the legal process is ongoing.
Allows courts to monitor the parent's compliance with these services. This oversight could encourage engagement with supportive services and enable the court to better assess family progress and child safety before making final decisions.
May help prevent unnecessary foster care placements or family separations. by ensuring families have access to resources (such as counseling, parenting classes, or substance abuse treatment) that could resolve safety concerns, potentially allowing children to return to or remain safely with their parents during proceedings.
Reflects a shift toward supporting family preservation and addressing underlying issues,. rather than simply removing children as a default response, which could have long-term impacts on family stability and child well-being.
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Who cares
- Watching
Parents and legally responsible caregivers named as respondents
If a child is returned or released to them while a child protective case is pending, the court could order services or assistance and monitor their compliance.
Child protective agencies
Courts could direct them to provide or arrange appropriate services or assistance for respondents whose children are returned or released to them during proceedings.
- Watching
Family Court judges
The bill would expressly authorize them to order services and monitor compliance when returning or releasing children to respondents pending disposition or termination of a case.
Non-respondent parents, legal custodians and relatives
The bill would clarify courts’ authority to release children to non-respondent parents or legal custodians or temporarily place them with relatives or other suitable people during proceedings.
Headline styles
Help for Parents in Court
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to judiciary
- Delivered to assembly
- Passed senateVote 62–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.501
- Referred to children and families
- Returned to senate
- Died in assembly
- Referred to judiciary
- Delivered to assembly
- Passed senateVote 60–0
Show 4 earlier actions
- Ordered to third reading cal.1719
- Committee discharged and committed to rules
- Reported and committed to rules
- Referred to children and families
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4836
2017-2018 Regular Sessions
IN SENATE
March 2, 2017
Introduced by Sen. AVELLA -- (at request of the Office of Court Administration) -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families
AN ACT to amend the family court act, in relation to provision of services and assistance to respondent parents during the pendency of child protective proceedings in family court
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision (d) of section 1027 of the family court act, as amended by chapter 567 of the laws of 2015, is amended to read as follows:
(d) Upon such hearing, the court may, for good cause shown, release the child to his or her non-respondent parent or [other person legally responsible for his or her care] non-respondent legal custodian or may temporarily place the child with a relative or suitable person, pending a final order of disposition or termination of the proceeding, whichever is earlier, in accord with subparagraph (ii) of paragraph (a) of subdivision two and subdivision three of section one thousand seventeen of this article. Alternatively, upon such hearing, if the court determines that the child should be returned or released to a respondent parent or respondent person legally responsible pending a final order of disposition or termination of the proceeding, whichever is earlier, the court may also direct the child protective agency to provide or arrange for the provision of appropriate services or assistance to the respondent pursuant to section one thousand fifteen-a of this article and may monitor the respondent's compliance with such services and assistance.
§ 2. Section 1028 of the family court act is amended by adding a new subdivision (g) to read as follows:
(g) If the court determines that the child should be returned to the respondent parent or respondent person legally responsible pending a final order of disposition or termination of the proceeding, whichever
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10182-01-7
S. 4836 2
is earlier, the court may direct the child protective agency to provide or arrange for the provision of appropriate services or assistance to the respondent pursuant to section one thousand fifteen-a of this article and may monitor the respondent's compliance with such services and assistance.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the family court act, in relation to provision of services and assistance to respondent parents during the pendency of child protective proceedings in family court
This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of his Family Court Advisory and Rules Committee.
While a child abuse or neglect proceeding is pending in Family Court, where the child or children who are the subjects of the proceeding are not shown to be in imminent risk of harm to their life or health, Family Court must deny an application to remove a child from a respondent parent or a respondent person legally responsible pursuant to section 1027 of the Family Court Act. Where the child had already been removed from a respondent or respondents, the child must be returned. Where, alternatively, Family Court grants an application pursuant to section 1028 of the Family Court Act by a respondent for return of a child who had already been removed - as in the case of section 1027, for lack of proof the child is in imminent risk of harm the child must be returned. In each of these circumstances, the child and the respondents remain under the jurisdiction of Family Court during the pendency of the proceeding. The child protective agency may be directed to provide services or assistance pursuant to section 1015-a of the Family Court Act and may monitor the respondents' compliance with the services. However, an ambiguous cross-reference in section 1027 to section 1017(2)(a)(ii) has caused confusion as to the agency's authority in this regard and section 1028 of the Family Court Act is entirely silent on the issue.
This measure would provide clarity to both sections 1027 and 1028 of the Family Court Act. Where the court determines that a child should be returned to, or not be removed from, a respondent parent or a respondent person legally responsible during the pendency of a child abuse or neglect proceeding, the measure incorporates section 1015-a of the Family Court Act by reference, underscoring what section 1015-a already provides, that is, that it is applicable at any stage of a child protective proceeding. The court may order child protective agencies to provide or arrange for the provision of services and assistance to the family that are authorized within the State's comprehensive annual services program plan in effect. Finally, child protective agencies may provide oversight and monitoring to ensure not only that the services are provided but also that the respondent complies as necessary.
This measure neither changes nor adds to the responsibilities of child protective agencies or of respondent parents and persons legally responsible for children; it simply clarifies the law in light of questions that have been raised. This clarification is essential to ensure the safety of children during the pendency of child protective proceedings. In cases in which children are returned or are not removed because imminent risk has not been demonstrated, provision of services, along with monitoring of compliance, may nonetheless be essential to foster the wellbeing of children before Family Court and may greatly facilitate resolution of the issues that gave rise to the child protective proceeding.
This measure, which would have no fiscal impact upon the State, would take effect immediately.
Legislative history
None. New proposal.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.