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S6405Senate2019-2020 SessionSame asA8059

Let Relatives Apply as Foster

Official title

“Relates to an application of a relative to become a foster parent”

Sponsor Velmanette MontgomerySD-25+1 co-sponsorAffects Health
Status
Signed by Governor
Impact
5/10
Moderate
Outcome
Signed into law

Bill progress

Signed into law

What's happening

This bill expands which relatives can apply to become foster parents by updating the legal definition of eligible family members.

Why it matters

  1. Expanding the definition of eligible family members. potentially allows a broader set of relatives—beyond the previous “third degree of consanguinity”—to apply to become foster parents, which could increase the pool of family foster care options for children.

  2. Aligns eligibility with Social Services Law. by referencing specific paragraphs in that law, possibly including relatives by adoption or marriage, or other significant family relationships, making it easier for children to be placed with familiar and supportive adults.

  3. Could improve child welfare outcomes. by increasing the likelihood that children in foster care are placed with people they already know, which research suggests can reduce trauma, improve stability, and support better long-term emotional and social development.

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Who cares

  • Relatives seeking to become foster parents

    The bill would replace the eligibility test based on relationship to either parent with the relationship categories in Social Services Law section 458-a(3)(a), (b) and (c) for seeking a placement hearing.

  • Children in non-relative foster care

    The bill would change who may seek a hearing to have them placed in foster care with a relative, while retaining the best-interests standard.

  • Family Court judges

    Judges would apply the revised relationship test when deciding whether an applicant qualifies for a placement hearing.

  • Local social services districts

    Districts would handle placement applications under the revised eligibility rule and remain responsible for expedited home investigations and foster-parent approval when ordered by the court.

Headline styles

Let Relatives Apply as Foster

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Velmanette Montgomery

Senator · Senate District 25

Chair, Children And Families

1 Co-sponsor

History

  1. Signed chap.434
  2. Delivered to governor
  3. Returned to senate
  4. Passed assembly
  5. Ordered to third reading rules cal.301
  6. Substituted for A8059
  7. Referred to children and families
  8. Delivered to assembly
  9. Passed senateVote 62–0
  10. Ordered to third reading cal.1458
  11. Referred to rules

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A8059Assembly

Let Relatives Apply for Foster

Assembly Floor Calendar · Sponsor Ellen C. Jaffee

Impact 4 · Low0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

6405

2019-2020 Regular Sessions

IN SENATE

June 7, 2019

Introduced by Sen. MONTGOMERY -- read twice and ordered printed, and when printed to be committed to the Committee on Rules

AN ACT to amend the family court act, in relation to an application of a relative to become a foster parent

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 1028-a of the family court act, as added by chapter 671 of the laws of 2005, paragraphs (iii) and (v) of subdivision (a) and subdivision (c) as amended by chapter 12 of the laws of 2006, is amended to read as follows:

§ 1028-a. Application of a relative to become a foster parent. (a) Upon the application of a relative to become a foster parent of a child in foster care, the court shall, subject to the provisions of this subdivision, hold a hearing to determine whether the child should be placed with a relative in foster care. Such hearing shall only be held if:

(i) the [relative] person is related [within the third degree of consanguinity to either parent] to the child as described under paragraph (a), (b), or (c) of subdivision three of section four hundred fifty-eight-a of the social services law;

(ii) the child has been temporarily removed under this part, or placed pursuant to section one thousand fifty-five of this article, and placed in non-relative foster care;

(iii) the relative indicates a willingness to become the foster parent for such child and has not refused previously to be considered as a foster parent or custodian of the child, provided, however, that an inability to provide immediate care for the child due to a lack of resources or inadequate housing, educational or other arrangements necessary to care appropriately for the child shall not constitute a previous refusal;

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD13095-02-9

S. 6405 2

(iv) the local social services district has refused to place the child with the relative for reasons other than the relative's failure to qualify as a foster parent pursuant to the regulations of the office of children and family services; and

(v) the application is brought within six months from the date the relative received notice that the child was being removed or had been removed from his or her home and no later than twelve months from the date that the child was removed.

(b) The court shall give due consideration to such application and shall make the determination as to whether the child should be placed in foster care with the relative based on the best interests of the child.

(c) After such hearing, if the court determines that placement in foster care with the relative is in the best interests of the child, the court shall direct the local commissioner of social services, pursuant to regulations of the office of children and family services, to commence an investigation of the home of the relative within twenty-four hours and thereafter expedite approval or certification of such relative, if qualified, as a foster parent. No child, however, shall be placed with a relative prior to final approval or certification of such relative as a foster parent.

§ 2. 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 an application of a relative to become a foster parent

Purpose

This bill amends family court act section 1028-a to include all persons who are related to children as described under paragraph (a), (b), or (c) of subdivision three of section four hundred fifty-eight-a of the social services law, and who meet section 1028-a requirements, as eligi- ble to apply to become foster parents.

Summary of provisions

Section 1028-a(a)(i) defines who may apply to become a foster parent under the circumstances describes in the section. Currently, applicants are limited to relatives who are related within the third degree of consanguinity to either parent. This class of applicants excludes non- blood relatives, such as step-grandparents and "fictive" kin, who are included in the class of kinship foster parents who may exit foster care and become kinship guardianship with subsidies pursuant to social services law section 458-a thru 458-f.

Justification

Expansion of the defined eligible class will conform kin who may peti- tion under section 1028-a to the same class of kin who are defined as kin who may become foster parents and subsequently qualify for the kinship guardian assistance program.

Numerous child welfare provisions and regulations express the preference for relatives to become foster parents, and the class of persons who are considered as relatives, has expanded over time to the current social services law section 458-a definition.

Relatives and "fictive" kin are described as eligible for the kinship guardianship assistance program (SSL 458-a thru 458-f), known as KinGAP. This program allows kinship foster parents to exit foster care, become guardians, and continue to receive payments similar to foster care payments when the local department concludes that a child in kinship foster care cannot be adopted nor returned to their parent(s).

Legislative history

New legislation

Fiscal implications

None to the State

Effective date

This act shall take effect in 180 days.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.