New York S 10562: Relates to the placement of children in the care of a non-respondent parent during the pendency of a child protective proceeding

Bill Text

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S10562 Summary:

BILL NOS10562 

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SAME ASNo Same As

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SPONSORBRISPORT

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COSPNSR

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MLTSPNSR

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Amd §§1017 & 1054, add §1017-a, Fam Ct Act

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Provides that the retention of the child in the home of a non-respondent parent with whom the child resided prior to the filing of the proceeding under this article shall not constitute a release or placement; requires that where, during the pendency of a proceeding under this article, a child either remains in the home of a non-respondent parent or parents or is released to a non-respondent parent or parents, the court may require the cooperation of such non-respondent parent or parents to the extent necessary to meet the needs of the child with respect to the proceeding, including, but not limited to, a direction to make the child available for court-ordered visitation with respondents, siblings and others, as well as appointments with the child's attorney, clinician or other individual or program providing services to the child during the pendency of the proceeding.

Go to top S10562 Actions:

BILL NOS10562 

&nbsp

05/22/2026REFERRED TO CHILDREN AND FAMILIES

Go to topS10562 Committee&nbspVotes:

Go to topS10562 Floor&nbspVotes:

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

Go to topS10562 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 10562

 IN SENATE

 May 22, 2026
 ___________

 Introduced by Sen. BRISPORT -- (at request of the Unified Court System)
 -- read twice and ordered printed, and when printed to be committed to
 the Committee on Children and Families

 AN ACT to amend the family court act, in relation to children in the
 care of a non-respondent parent during the pendency of a child protec-
 tive proceeding

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

 1 Section 1. Subparagraph (ii) of paragraph (a) of subdivision 2 and
 2 subdivision 3 of section 1017 of the family court act, as amended by
 3 chapter 567 of the laws of 2015, are amended to read as follows:
 4 (ii) temporarily release the child directly to such non-respondent
 5 parent or temporarily place the child with a relative or suitable person
 6 pursuant to this article during the pendency of the proceeding or until
 7 further order of the court, whichever is earlier and conduct such other
 8 and further investigations as the court deems necessary; provided,
 9 however, that retention of the child in the home of a non-respondent
 10 parent with whom the child resided prior to the filing of the proceeding
 11 under this article shall not constitute a release or placement under
 12 this subparagraph. [The] Where such a release or placement occurs, the
 13 court may direct the commissioner of social services, pursuant to regu-
 14 lations of the office of children and family services, to commence an
 15 investigation of the home of such non-respondent parent, relative or
 16 suitable person within twenty-four hours and to report the results to
 17 the court and the parties, including the attorney for the child. If the
 18 home of a non-respondent parent, relative or suitable person, is found
 19 unqualified as appropriate for the temporary release or placement of the
 20 child under this article, the local commissioner shall report such fact
 21 and the reasons therefor to the court and the parties, including the
 22 attorney for the child, forthwith; or
 23 3. (a) An order temporarily [releasing a child to a non-respondent
 24 parent or parents, or temporarily] placing a child with a relative or
 25 relatives or other suitable person or persons pursuant to subparagraph
 26 (ii) of paragraph (a) of subdivision two of this section or remanding or

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD14969-01-6

 S. 10562 2

 1 placing a child with a local commissioner of social services to reside
 2 with a relative or relatives or suitable person or persons as foster
 3 parents pursuant to subparagraph (iii) of paragraph (a) of subdivision
 4 two of this section may not be granted unless the person or persons to
 5 whom the child is released, remanded or placed submits to the jurisdic-
 6 tion of the court with respect to the