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NY S00563
Bill
Status
1/5/2011
Primary Sponsor
Joseph Robach
Click for details
AI Summary
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Creates kinship guardianship status in Family Court Act for relatives (within third degree) caring for foster children who have been placed with them for more than 18 months.
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Kinship foster parent or social services official may petition for kinship guardian appointment after child has been in placement for more than 15 months and parents are unable to provide proper care.
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Kinship guardian receives same parental authority as a parent except cannot consent to child's adoption or surrender, and monthly maintenance subsidy payments continue as if child remained in foster care.
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Court must grant petition upon finding elements proven by preponderance of evidence or upon consent of all parties, with notice served to social services official, parents, kinship foster parents, and law guardian.
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Parents retain visitation rights and may petition court to vacate kinship guardian appointment upon showing they can provide proper care and proving guardian is unfit, neglectful, unwilling to continue, or guardianship is no longer in child's best interest.
Legislative Description
Provides for the establishment of kinship guardianships for kinship foster parent; establishes the guardianship after a hearing and determination upon a petition filed by the kinship foster parent; provides that establishment of such guardianship does not affect or impair the natural parents visitation rights.
Last Action
REFERRED TO CHILDREN AND FAMILIES
1/5/2011