Relates to dispositional alternatives for children placed with local social services agencies as destitute minors

◆ The sponsor's argument

Why Roxanne J. Persaud says this is needed

Enactment of Article 10-C of the Family Court Act in 2011 provided a valuable vehicle for addressing the needs of destitute children in New York State, including children, inter alia, whose parents or caretakers have died. However, once the Family Court has found a child, to be destitute, only two dispositional alternatives are included in Family Court Act § 1095(d). First, a child may be placed in foster care with a local commissioner of social services (or in New York City, the Adminis- tration for Children's Services), which would be reviewed periodically at permanency hearings under Article 10A of the Family Court Act after the child's first eight months in care and every six months thereafter. In 2021, the statute was amended to require an independent evaluation and judicial review of placements of destitute children in congregate care settings under the Family First Prevention Services Act. See Family Court Act § 1097. Second, the Family Court may order custody or guardi- anship with a relative or other suitable person. Social Services Law § 458-a (1) was clarified to ensure that children for whom guardianship has been ordered may qualify for the Kinship Guardianship Assistance Program (KinGAP). Notwithstanding these modifications, the dispositional alterp,atpbes in Family Court Act § 1095(d) fails to fulfill the need for prompt manage- ment of permanency for those destitute children whose parents are deceased, especially considering the serious loss or losses that they have suffered. For those orphaned children who lack any relatives or suitable individuals with whom guardianship or custody may be ordered and for whom adoption is their permanency goal, the process to achieve that goal is unnecessarily cumbersome. Current law requires that in such cases, after the destitute 'child placement is ordered under Family Court Act § 1095(d), a termination of parental rights proceeding must be filed and prosecuted under Social Services Law § 384-b(4)(a). While uncontested, this type of termination of parental rights proceeding is time-consuming and burdensome for everyone involved, especially consid- ering proof already adduced at the destitute child proceeding that the parents are deceased and that no other guardian has been appointed. This bill would obviate the need for the second proceeding in order that an adoption may proceed more quickly. This measure would amend the Family Court Act § 1095(d) to add a third dispositional option, that is, to allow the Family Court to free the child for adoption and to grant guardianship and custody to the local commissioner of social services to authorize the commissioner to consent to the child's adoption under Domestic Relations Law § 111(1)(f). The option would apply only to those cases in which both parents are deceased or in which one parent is deceased, there is no other person entitled to consent or notice regarding an adoption and for whom no other guardian or custodian has been appointed. To ensure timely and appropriate agency efforts to achieve permanency and necessary assist- ance for the child, the measure further provides that: (1.) a permanency hearing should be scheduled on a date certain; (2) the rights of the child to placement or, at minimum, contact with siblings should be effectuated; and (3) appropriate services and assistance should be provided to the child, including assistance in learning independent living skills if the child is fourteen years of age or older. A conform- ing amendment would be added to Social Services Law § 398 to authorize the commissioners of social services to provide consents to adoption in these cases. This bill would benefit those destitute children already traumatized by the loss of one or both parents. The need for this legislation was espe- cially acute considering the pandemic. The Centers for Disease Control estimated that, as of May 1, 2022, 10.5 million children globally expe- rienced the loss of a parent to Covid-19. Researchers hav

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.