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S01614 Summary:

BILL NOS01614A
 
SAME ASSAME AS A07574-A
 
SPONSORGOLDEN
 
COSPNSRFUNKE
 
MLTSPNSR
 
Amd §72, Dom Rel L; amd §651, Fam Ct Act
 
Relates to standing of certain relatives in custody and guardianship proceedings.
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S01614 Actions:

BILL NOS01614A
 
01/10/2017REFERRED TO CHILDREN AND FAMILIES
05/02/20171ST REPORT CAL.707
05/03/20172ND REPORT CAL.
05/08/2017ADVANCED TO THIRD READING
06/21/2017COMMITTED TO RULES
01/03/2018REFERRED TO CHILDREN AND FAMILIES
01/24/2018AMEND AND RECOMMIT TO CHILDREN AND FAMILIES
01/24/2018PRINT NUMBER 1614A
02/13/20181ST REPORT CAL.498
02/27/20182ND REPORT CAL.
02/28/2018ADVANCED TO THIRD READING
06/20/2018COMMITTED TO RULES
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S01614 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1614--A
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                    January 10, 2017
                                       ___________
 
        Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Children and  Families  --
          recommitted  to  the  Committee on Children and Families in accordance
          with Senate Rule 6, sec. 8  --  committee  discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee

        AN  ACT to amend the domestic relations law and the family court act, in
          relation to the standing of certain relatives in custody and guardian-
          ship proceedings
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1.  Subdivision 2 of section 72 of the domestic relations law,
     2  as  added  by  chapter  657  of  the laws of 2003, is amended to read as
     3  follows:
     4    2.  (a) Where a grandparent or the  grandparents  of  a  minor  child,
     5  residing  within  this  state, or relative who is related to a parent of
     6  such child within the second degree of consanguinity or affinity, resid-
     7  ing in this state, can demonstrate to the satisfaction of the court  the
     8  existence  of extraordinary circumstances, such grandparent [or], grand-
     9  parents or relative of such child may apply  to  the  supreme  court  by
    10  commencing  a  special proceeding or for a writ of habeas corpus to have
    11  such child brought before such court,  or  may  apply  to  family  court
    12  pursuant  to subdivision (b) of section six hundred fifty-one or section
    13  six hundred sixty-one of the family court act; and on the return  there-
    14  of,  the  court,  by  order, after due notice to the parent or any other
    15  person or party having the care, custody, and control of such child,  to
    16  be  given  in  such  manner  as the court shall prescribe, may make such
    17  directions as the best interests of the child may require,  for  custody
    18  rights for such grandparent [or], grandparents or relative in respect to
    19  such  child.  An extended disruption of custody, as such term is defined
    20  in this section, shall constitute an extraordinary circumstance.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01138-02-7

        S. 1614--A                          2
 
     1    (b) For the purposes of this section "extended disruption of  custody"
     2  shall  include,  but  not  be  limited to, a prolonged separation of the
     3  respondent parent and the child  for  at  least  twenty-four  continuous
     4  months,  during  which time the parent voluntarily relinquished care and
     5  control of the child and the child resided in the household of the peti-
     6  tioner  grandparent  [or],  grandparents or relative, provided, however,
     7  that the court may find that extraordinary  circumstances  exist  should
     8  the  prolonged  separation  have lasted for less than twenty-four months
     9  and provided further that where a parent of the child proves by  prepon-
    10  derance of the evidence that an act or acts of domestic violence commit-
    11  ted against such parent contributed to his or her relinquishment of care
    12  and  control of the child, the court shall find no extraordinary circum-
    13  stances exist.
    14    (c) Nothing in this section shall limit  the  ability  of  parties  to
    15  enter  into  consensual  custody  agreements  absent  the  existence  of
    16  extraordinary circumstances.
    17    § 2. Subdivisions (b) and (d) of section 651 of the family court  act,
    18  subdivision (b) as amended by chapter 657 of the laws of 2003 and subdi-
    19  vision  (d) as amended by chapter 41 of the laws of 2010, are amended to
    20  read as follows:
    21    (b) When initiated in the family court, the family court has jurisdic-
    22  tion to determine, in accordance with subdivision  one  of  section  two
    23  hundred  forty  of  the  domestic relations law and with the same powers
    24  possessed by the supreme court in addition to  its  own  powers,  habeas
    25  corpus proceedings and proceedings brought by petition and order to show
    26  cause,  for  the  determination  of the custody or visitation of minors,
    27  including applications by a grandparent or grandparents  for  visitation
    28  or  custody  rights pursuant to section seventy-two or two hundred forty
    29  of the domestic relations law , and applications by a  relative  who  is
    30  related  to a parent of a child in the second degree of consanguinity or
    31  affinity for custody rights  pursuant  to  section  seventy-two  of  the
    32  domestic relations law.
    33    (d)  With respect to applications by a grandparent or grandparents for
    34  visitation or custody rights, made pursuant to  section  seventy-two  or
    35  two hundred forty of the domestic relations law, or by a relative who is
    36  related  to a parent of a child in the second degree of consanguinity or
    37  affinity for custody rights  pursuant  to  section  seventy-two  of  the
    38  domestic relations law, with a child remanded or placed in the care of a
    39  person,  official,  agency  or institution pursuant to the provisions of
    40  article ten of this act, the applicant, in  such  manner  as  the  court
    41  shall  prescribe,  shall serve a copy of the application upon the social
    42  services official having care and custody of such child, and the child's
    43  attorney, who shall be afforded an opportunity to be heard thereon.
    44    § 3. This act shall take effect immediately.
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