 Recently Enacted Legislation and Rules of Interest:
- Chapter 541 of the Laws of 2024 (Melanie's Law), The law amends FCA 812 and CPL 530.11 (procedures governing family offenses) to expand the meaning of “members of the same family or household” to include “persons who are related by consanguinity or affinity to parties who are or have been in an intimate relationship.” (effective Nov. 25, 2024)
- Chapter 357 of the Laws of 2024 (effective September 24, 2024) Modifies the Family Court Act and Domestic Relations Law regarding establishing and modifying child support orders. When attributing or imputing income, the court must consider the specific circumstances of the parent.
- 89 FR 40066 (Effective July 8, 2024) Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance: Children, parents, caregivers, foster parents, and prospective parents with disabilities may encounter many types of discrimination in the child welfare systems designed to protect children and strengthen families. This section sets forth detailed requirements to ensure nondiscrimination in the services provided by child welfare agencies, including, but not limited to, parent-child visitation, reunification services, child placement, parenting skills programs, and in- and out-of-home services.
- 205.19 (Added on September 28, 2022) Financial Eligibility for Publicly Funded Counsel, is effective immediately. Its provisions include “[t]imely access to counsel,” including “prior to initiation of a proceeding which may result in detention [and] in removal of children from their care ….” In such cases, someone seeking counsel prior to the filing of a petition is to be given information on how to contact the primary provider of representation in their county.
- L 2022, ch 828 (effective December 30, 2022) Relates to the rights of non-marital parents in adoption, surrender, and termination of parental rights proceedings in family court and surrogate's court.
- L 2020, ch 299 (effective November 1, 2021) Requires the video recording of interrogations of juveniles in juvenile delinquency proceedings in family court.
- Marijuana Regulation & Taxation Act (MRTA) (passed March 30, 2021)
- Provisions of the Marijuana Regulation & Taxation Act (MRTA) Relevant to Article Ten Proceedings included here.
- Part R of S. 7506--B/A. 9506--B - An amendment to the Social Services Law, which will raise the standard of proof before someone can be placed on the State Central Register (SCR), elevating the bare minimum standard of “some credible evidence” to a “fair preponderance of the evidence. This change will go into effect January 1, 2022.
- L 2020, Ch 321 (Signed 12/15/2020) Reporting requirements concerning youth placed in foster care.
- L 2020, Ch 329 (Signed 12/15/2020) Data collection regarding child welfare preventive services authorized by the local district.
- L 2020, Ch 346 (Signed 12/15/2020) Allowing youth discharged from foster care to reenter care without a motion, and placing a moratorium on aging out of care, during the COVID-19 emergency.
- Public Law 115–123 (Approved February 9, 2018) The Family First Prevention Services Act of 2018 (FFPSA), was enacted as part of the federal Bipartisan Budget Act of 2018 on February 9, 2018. FFPSA reforms federal financing to prioritize family based foster care over residential care by limiting federal reimbursement for certain residential placements. The law permits states to use title IV-E funds for evidence-based prevention services for families at risk of entering the child welfare system. In addition, FFPSA provides new federal funding opportunities for kin navigator programs.
- Part E – Federal Payments for Foster Care, Prevention, and Permanency (p.252)
|
