New York S 5240: Establishes procedures regarding orders of post-termination visitation and/or contact between a child and such child's parent

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S05240 Summary:

BILL NOS05240A

&nbsp

SAME ASSAME AS A04940-B

&nbsp

SPONSORBRISPORT

&nbsp

COSPNSRADDABBO, CLEARE, JACKSON, SALAZAR

&nbsp

MLTSPNSR

&nbsp

Amd §634, Fam Ct Act; amd §384-b, Soc Serv L

&nbsp

Establishes procedures regarding orders of post-termination visitation and/or contact between a child and such child's parent and for modification of such orders.

Go to top S05240 Actions:

BILL NOS05240A

&nbsp

02/20/2025REFERRED TO CHILDREN AND FAMILIES

05/13/2025AMEND AND RECOMMIT TO CHILDREN AND FAMILIES

05/13/2025PRINT NUMBER 5240A

01/07/2026REFERRED TO CHILDREN AND FAMILIES

05/19/20261ST REPORT CAL.1166

05/20/20262ND REPORT CAL.

05/21/2026ADVANCED TO THIRD READING 

06/05/2026COMMITTED TO RULES

Go to topS05240 Committee&nbspVotes:

Go to topS05240 Floor&nbspVotes:

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

Go to topS05240 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5240--A

 2025-2026 Regular Sessions

 IN SENATE

 February 20, 2025
 ___________

 Introduced by Sens. BRISPORT, CLEARE -- read twice and ordered printed,
 and when printed to be committed to the Committee on Children and
 Families -- committee discharged, bill amended, ordered reprinted as
 amended and recommitted to said committee

 AN ACT to amend the family court act and the social services law, in
 relation to establishing procedures regarding orders of post-termina-
 tion visitation and/or contact between a child and such child's parent

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

 1 Section 1. Section 634 of the family court act, as amended by chapter
 2 666 of the laws of 1976, is amended to read as follows:
 3 § 634. Commitment of guardianship and custody; further orders. The
 4 court may enter an order under section six hundred thirty-one of this
 5 part committing the guardianship and custody of the child to the peti-
 6 tioner on such conditions, if any, as it deems proper, including but not
 7 limited to, an order of post-termination visitation and/or contact
 8 pursuant to section three hundred eighty-four-b of the social services
 9 law.
 10 § 2. Section 384-b of the social services law is amended by adding six
 11 new subdivisions 14, 15, 16, 17, 18, and 19 to read as follows:
 12 14. (a) Upon application by any party to a proceeding under this
 13 section, (i) the court shall order post-termination visitation and/or
 14 contact between the child and such child's parent who is a party to such
 15 proceeding on such terms and conditions as may be agreed upon by the
 16 parent, the child, and the foster parent or authorized agency prior to
 17 the entry of an order committing the guardianship and custody of the
 18 child, and upon a determination by the court that such post-termination
 19 visitation and/or contact would be in the best interest of the child; or
 20 (ii) if any party does not consent, the court may order post-termination
 21 visitation and/or contact between the child and the child's parent after
 22 a hearing at which the court has determined that (A) the party's consent

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08174-05-5

 S. 5240--A 2

 1 is being unreasonably withheld; and (B) post-termination visitation
 2 and/or contact would be in the best interest of the child.
 3 (b) The hearing to determine whether the court should enter an order
 4 of post-termination visitation and/or contact shall be held either (i)
 5 concurrently with a dispositional hearing held in the proceedings to
 6 terminate the parent's rights pursuant to this section; or (ii) if no
 7 dispositional hearing is held, subsequent to the close of the fact-find-
 8 ing hearing on the underlying petition to terminate the parent's rights
 9 and prior to the court's entry of an order committing the guardianship
 10 and custody of the child. The court shall not hold such a hearing at
 11 any other time.
 12 (c) Parents and children who are parties to a termination proceeding
 13 under article six of the family court act or this section, as well as
 14 such child's foster parents, or, in the case of a child who is not in
 15 the care of a foster parent, the authorized agency