New York A 1990: Relates to proceedings regarding destitute children

Bill Text

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A01990 Summary:

BILL NOA01990 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORHevesi

&nbsp

COSPNSR

&nbsp

MLTSPNSR

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Amd §§1093 & 1094, Fam Ct Act

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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.

Go to top A01990 Actions:

BILL NOA01990 

&nbsp

01/14/2025referred to children and families

01/07/2026referred to children and families

Go to topA01990 Committee&nbspVotes:

Go to topA01990 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA01990 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1990

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 14, 2025
 ___________

 Introduced by 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

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03021-01-5

 A. 1990 2

 1 court judge from requiring such person to first report to an appropriate
 2 child protective agency.
 3 (3) A commissioner of social services who accepts the care and custody
 4 of a child appearing to be a destitute child, shall provide for such
 5 child as authorized by law, including but not limited to section three
 6 hundred ninety-eight of the social services law, and shall file a peti-
 7 tion pursuant to this section within fourteen days upon accepting the
 8 care and custody of such child.
 9 (b) Venue. A petition under this article shall be filed in the family
 10 court located in the county where the child resides or is found;
 11 provided however, that upon the motion of any party or the attorney for
 12 the child, the court may transfer a petition filed under this article to
 13 a county the court deems to be more appropriate under the circumstances,
 14 including, but not limited to, a county located within a jurisdiction
 15 where the child is domiciled or has another significant nexus.
 16 (c) Contents of the petition. (1) The petition shall allege upon
 17 information and belief:
 18 (i) if the petitioner is not the child in question, the manner, date
 19 and circumstance under which the child became known to the petitioner;
 20 (ii) the child's date of birth, if known;
 21 (iii) that the child is a destitute child as defined in subdivision
 22 (a) of section one thousand ninety-two of th