Bill Text: NY A10722 | 2021-2022 | General Assembly | Introduced

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Bill Title: Expands the list of those able to commence proceedings alleging that a child is a destitute child to include the child in question, if over 14 years of age, and other persons on the court's direction; makes related provisions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-09-09 - referred to children and families [A10722 Detail]

Download: New_York-2021-A10722-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10722

                   IN ASSEMBLY

                                    September 9, 2022
                                       ___________

        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Hevesi) --
          read once and referred to the Committee on Children and Families

        AN ACT to amend the family court act, in relation to proceedings regard-
          ing destitute children

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

     1    Section  1.  Section 1093 of the family court act, as added by chapter
     2  605 of the laws of 2011, subdivisions (a) and (b), paragraphs 1 and 2 of
     3  subdivision (c) and subdivision (d) as amended by chapter 3 of the  laws
     4  of 2012, is amended to read as follows:
     5    §  1093.  Originating proceedings. (a) Filing of the petition. [Only a
     6  commissioner of social services may originate a  proceeding  under  this
     7  article.]   (1) A proceeding under this article may be originated by the
     8  filing of a petition alleging that the child is  a  destitute  child  as
     9  defined  by  section one thousand ninety-two of this article. [A commis-
    10  sioner of social services, who accepts the care and custody of  a  child
    11  appearing  to  be  a  destitute  child,  shall provide for such child as
    12  authorized by law, including but not limited to  section  three  hundred
    13  ninety-eight  of  the  social  services  law,  and shall file a petition
    14  pursuant to this section within fourteen days upon  accepting  the  care
    15  and custody of such child.]
    16    (2)  (i)  The  following  persons may originate proceedings under this
    17  section:
    18    (A) a commissioner of social services;
    19    (B) the child that is the subject of the petition, if  such  child  is
    20  over the age of fourteen; or
    21    (C) any other person on the court's direction.
    22    (ii)  A  person  seeking  to  file a petition on the court's direction
    23  pursuant to clause (C) of subparagraph (i) of this paragraph shall  have
    24  access  to  the  court for the purpose of making an ex parte application
    25  therefor. Nothing in this section shall be intended to prevent a  family
    26  court judge from requiring such person to first report to an appropriate
    27  child protective agency.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16239-01-2
        A. 10722                            2

     1    (3) A commissioner of social services who accepts the care and custody
     2  of  a  child  appearing  to be a destitute child, shall provide for such
     3  child as authorized by law, including but not limited to  section  three
     4  hundred  ninety-eight of the social services law, and shall file a peti-
     5  tion  pursuant  to  this section within fourteen days upon accepting the
     6  care and custody of such child.
     7    (b) Venue. A petition under this article shall be filed in the  family
     8  court  located  in  the  county  where  the  child  resides or is found;
     9  provided however, that upon the motion of any party or the attorney  for
    10  the child, the court may transfer a petition filed under this article to
    11  a county the court deems to be more appropriate under the circumstances,
    12  including,  but  not  limited to, a county located within a jurisdiction
    13  where the child is domiciled or has another significant nexus.
    14    (c) Contents of the petition.  (1)  The  petition  shall  allege  upon
    15  information and belief:
    16    (i)  if  the petitioner is not the child in question, the manner, date
    17  and circumstance under which the child became known to the petitioner;
    18    (ii) the child's date of birth, if known;
    19    (iii) that the child is a destitute child as  defined  in  subdivision
    20  (a) of section one thousand ninety-two of this article and the basis for
    21  the allegation;
    22    (iv)  the  identity of the parent or parents of the child in question,
    23  if known;
    24    (v) whether the parent or parents of the child are living or deceased,
    25  if known;
    26    (vi) the whereabouts and last known address for the parent or parents,
    27  if known;
    28    (vii) the identity of a caretaker or interested adult, if known;
    29    (viii) the efforts, if any, which were made prior to the filing of the
    30  petition to prevent any removal of the child from the home and  if  such
    31  efforts were not made, the reasons such efforts were not made; and
    32    (ix)  the  efforts, if any, which were made prior to the filing of the
    33  petition to allow the child to return or remain safely home, and if such
    34  efforts were not made, the reasons such efforts were not made.
    35    (2) The petition shall contain a notice in conspicuous print providing
    36  that if the child remains in foster care for fifteen of the most  recent
    37  twenty-two  months, the agency may be required by law to file a petition
    38  to terminate parental rights.
    39    (d) Service of summons. (1) Upon the filing of a petition  under  this
    40  article, if a living parent, caretaker or interested adult is identified
    41  in  the  petition,  the  court  shall cause a copy of the petition and a
    42  summons to be issued the same day the petition is filed, requiring  such
    43  parent,  caretaker  or interested adult to appear in court on the return
    44  date to answer the petition. If the court deems a person a party to  the
    45  proceeding  pursuant  to subdivision (c) of section one thousand ninety-
    46  four of this article and if such person is not  before  the  court,  the
    47  court  shall  cause  a copy of the petition and a summons requiring such
    48  person to appear in court on the return date be served on  such  person.
    49  If   the   commissioner  of  social  services  has  not  originated  the
    50  proceedings, the court shall cause a copy of the petition and summons to
    51  be served upon the commissioner of social services requiring  that  such
    52  commissioner or his or her designee appear in court on the return date.
    53    (2) Service of a summons and petition under this article shall be made
    54  by delivery of a true copy thereof to the person summoned at least twen-
    55  ty-four hours before the time stated therein for appearance.
        A. 10722                            3

     1    (3)  The  court  may send process without the state in the same manner
     2  and with the same effect as process sent within the state in  the  exer-
     3  cise  of  personal jurisdiction over any person subject to the jurisdic-
     4  tion of the court under section three hundred one or three  hundred  two
     5  of the civil practice law and rules, notwithstanding that such person is
     6  not  a  resident  or domiciliary of the state. Where service is effected
     7  outside of the state of New York  on  a  parent,  caretaker,  interested
     8  adult  or  person made a party to the proceeding pursuant to subdivision
     9  (c) of section one thousand ninety-four of this article and such  person
    10  defaults  by  failing to appear to answer the petition, the court may on
    11  its own motion, or upon application of any party or the attorney for the
    12  child proceed to a hearing pursuant to section one thousand  ninety-five
    13  of this article.
    14    (4)  If  after  reasonable  effort,  personal service is not made, the
    15  court may at any stage in the proceedings make an  order  providing  for
    16  substituted  service  in  the manner provided for substituted service in
    17  civil process in courts of record.
    18    § 2. Clauses (A) and (B) of  subparagraph  (iii)  of  paragraph  2  of
    19  subdivision  (a)  of section 1094 of the family court act, clause (A) as
    20  amended by chapter 3 of the laws of 2012 and  clause  (B)  as  added  by
    21  chapter 605 of the laws of 2011, are amended to read as follows:
    22    (A)  direct the [petitioner] commissioner of social services to inves-
    23  tigate whether there are any parents, caretakers  or  interested  adults
    24  not  named  in  the  petition  or  any other relatives or other suitable
    25  persons with whom the child may safely reside and,  if  so,  direct  the
    26  child to reside temporarily in their care; and
    27    (B)  if a relative or other suitable person seeks approval to care for
    28  the child as a foster parent, direct the  [petitioner]  commissioner  of
    29  social services to commence an investigation into the home of such rela-
    30  tive  and  thereafter approve such relative or other suitable person, if
    31  qualified, as a foster parent; provided, however, that if such  home  is
    32  found  to  be unqualified for approval, the petitioner shall report such
    33  fact to the court forthwith and, in the case of  a  relative  who  seeks
    34  approval  to  care  for  the  child as a foster parent, the relative may
    35  proceed in accordance with section one thousand twenty-eight-a  of  this
    36  act.
    37    § 3. This act shall take effect immediately.