In 2019, the Adoptive and Foster Family Coalition of New York lead a successful opposition after the passing of the “Preserving Family Bonds Act” in both the NYS Senate and Assembly. Due to your help and our strong vocal opposition,  Governor Cuomo did veto the original bill.

However, an amended version of the bill was brought back this session and early in June, did again, pass both the Senate and Assembly. Currently, the bill is waiting to be called up to the Governor’s office for signature, it will then become law in the state 180 days post signing. 

The Adoptive and Foster Family Coalition of New York sent this letter to Governor Cuomo on Monday June 21, 2021. and then resent it to Governor Hochul

What Does the Preserving Family Bonds Act Address?

Under current New York law, a parent  whose child has been removed form their home and placed into Foster Care, can agree to a “conditional surrender” of their parental rights in favor of a foster or adoptive parent to preserve the possibility of future contact with their child. Under a conditional surrender arrangement, the adoptive parent or guardian agrees to allow continued contact between the child and their birthparent upon the termination of their parental rights.

When a parent faces legal proceedings aimed at terminating their parental rights, they might be offered the choice of signing a surrender agreement conditioned on limited future contact or taking their case to trial. However, if the parent is facing a TPR and decides to defend themselves in the termination proceeding and is unsuccessful, they forfeit the opportunity to request a contact order, regardless of whether all interested parties and the judge agree that continued contact is in the child’s best interest.

We know how important it is for a child to have ongoing contact with their biological family whenever possible. We also know that the solution is not the same for every child or every family. Open adoption contracts, conditional surrenders and loaded orders all provide legal pathways to incorporate ongoing visitation and contact while allowing adoptive parents (the parents with legal responsibility) to decide what is best for the child in their care.

The Preserving Family Bonds Act will let judges decide issues regarding continued visitation for people whose parental rights were terminated. The Preserving Family Bonds’ Act, if passed into law, would allow family court judges the ability to order continued, prescribed visitation and/or contact between children and their birth parents after a parent’s rights have been terminated.

Supporters of the bill include attorneys who represent children and parents in juvenile rights cases. They argue that severing the relationship between a child and their birthparent—even abusive and neglectful ones—can be traumatic and detrimental to the child’s healthy development. However, the argument can be made that IF the parent child bond is considered “in the child’s best interest”, then the courts should be more scrutinizing of terminating parental rights to begin with.  If visits are good for the child, why are we considering terminating parental rights unless, of course as we know through practice, termination only comes after a parent is given years to reunify with their children and continues to fail in parenting plans?

This bill wrongly shift the focus from the best interest of the child to the wishes of the court-terminated biological parent and their attorney.  

We believe in a solution. We believe in adults working together to preserve a child’s connections. There is nothing to prevent this from happening after adoption. Nothing. Forcing it via court order, however, is not the answer. Mediation, supported, collaborative relationship-building from the moment a child enters foster care is the answer. This bill offers none of this.

For these reasons, the Coalition has opposed the Preserving Family Bonds’ Act since its inception.

Stopping the Bill Progress

At this point, again, the only recourse left is to ask Governor Hochul to Veto the bill again. While, we did that successfully in 2019, there were other agencies and organizations throughout the state that also were united in opposition at that time. As the bill was amended to address the concerns of the Governor’s Veto Memo, most other organizations have taken a neutral stance this time around.

governor cuomo VETO S4202A A 2199A

Send an email to Governor Hochul!  Follow up with a phone call. Call her office at 1-518-474-8390. Our advice is always to be concise and respectful.   
Let her office know that you implore the Governor to VETO S6357

Email the Governor

Sign the Petition! Please consider signing this petition and leaving a comment about how this bill might have negatively affected the children in your care.

Sign the Petition

We did  successfully manage to stop this bill before, so we are really counting on your help to do it again. 

Please SHARE the petition link https://www.change.org/VETONYS6357 and ask others to sign on.

BILL TEXT 

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                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6357
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 23, 2021
                                ___________
 
 Introduced  by  Sen.  SAVINO -- 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 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:
 
   Section  1. Section 634 of the family court act, as amended by chapter
 666 of the laws of 1976, is amended to read as follows:
   § 634. Commitment of guardianship and  custody;  further  orders.  The
 court  may  enter  an order under section six hundred thirty-one OF THIS
 PART committing the guardianship and custody of the child to  the  peti-
 tioner on such conditions, if any, as it deems proper, INCLUDING BUT NOT
 LIMITED  TO,  AN  ORDER  OF  POST-TERMINATION  VISITATION AND/OR CONTACT
 PURSUANT TO SECTION THREE HUNDRED EIGHTY-FOUR-B OF THE  SOCIAL  SERVICES
 LAW.
   §  2.  Section  384-b  of the social services law is amended by adding
 five new subdivisions 14, 15, 16, 17 and 18 to read as follows:
   14. (A) UPON APPLICATION BY ANY  PARTY  TO  A  PROCEEDING  UNDER  THIS
 SECTION,  (I)  THE  COURT SHALL ORDER POST-TERMINATION VISITATION AND/OR
 CONTACT BETWEEN THE CHILD AND SUCH CHILD'S PARENT WHO IS A PARTY TO SUCH
 PROCEEDING ON SUCH TERMS AND CONDITIONS AS MAY BE  AGREED  UPON  BY  THE
 PARENT,  THE  CHILD, AND THE FOSTER PARENT OR AUTHORIZED AGENCY PRIOR TO
 THE ENTRY OF AN ORDER COMMITTING THE GUARDIANSHIP  AND  CUSTODY  OF  THE
 CHILD;  OR (II) IF ANY PARTY DOES NOT CONSENT, THE COURT MAY ORDER POST-
 TERMINATION VISITATION AND/OR CONTACT BETWEEN THE CHILD AND THE  CHILD'S
 PARENT  AFTER  A  HEARING AT WHICH THE COURT HAS DETERMINED THAT (A) THE
 PARTY'S CONSENT IS BEING UNREASONABLY WITHHELD; AND (B) POST-TERMINATION
 VISITATION AND/OR CONTACT WOULD BE IN THE BEST INTEREST OF THE CHILD.
   (B) THE HEARING TO DETERMINE WHETHER THE COURT SHOULD ENTER  AN  ORDER
 OF  POST-TERMINATION  VISITATION AND/OR CONTACT SHALL BE HELD EITHER (I)
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10073-02-1

 S. 6357                             2
 
 CONCURRENTLY WITH A DISPOSITIONAL HEARING HELD  IN  THE  PROCEEDINGS  TO
 TERMINATE  THE  PARENT'S  RIGHTS PURSUANT TO THIS SECTION; OR (II) IF NO
 DISPOSITIONAL HEARING IS HELD, SUBSEQUENT TO THE CLOSE OF THE FACT-FIND-
 ING  HEARING ON THE UNDERLYING PETITION TO TERMINATE THE PARENT'S RIGHTS
 AND PRIOR TO THE COURT'S ENTRY OF AN ORDER COMMITTING  THE  GUARDIANSHIP
 AND  CUSTODY  OF THE CHILD.   THE COURT SHALL NOT HOLD SUCH A HEARING AT
 ANY OTHER TIME.
   (C) PARENTS AND CHILDREN WHO ARE PARTIES TO A  TERMINATION  PROCEEDING
 UNDER  ARTICLE  SIX  OF THE FAMILY COURT ACT OR THIS SECTION, AS WELL AS
 SUCH CHILD'S FOSTER PARENTS, OR, IN THE CASE OF A CHILD WHO  IS  NOT  IN
 THE CARE OF A FOSTER PARENT, THE AUTHORIZED AGENCY, SHALL HAVE NOTICE OF
 AND  STANDING TO PARTICIPATE IN THE BEST INTEREST POST-TERMINATION VISI-
 TATION AND/OR CONTACT HEARING.
   (D) THE APPLICANT SHALL HAVE THE BURDEN OF PROOF THAT (I) THE OPPOSING
 PARTY'S CONSENT HAS BEEN UNREASONABLY WITHHELD; AND  (II)  POST-TERMINA-
 TION VISITATION AND/OR CONTACT IS IN THE CHILD'S BEST INTEREST.
   (E)  IF  THE  APPLICATION FOR POST-TERMINATION CONTACT IS DENIED AFTER
 THIS HEARING, THE APPLICANT SHALL NOT HAVE STANDING TO  BRING  THE  SAME
 APPLICATION  IN  ANY OTHER PROCEEDING REGARDING THE SAME CHILD. HOWEVER,
 IF THE COURT GRANTS ANY VISITATION AND/OR  CONTACT,  AN  APPLICATION  TO
 MODIFY THE ORDER, UPON A SHOWING OF SUBSTANTIAL CHANGE IN CIRCUMSTANCES,
 MAY STILL BE BROUGHT, PURSUANT TO SUBDIVISION FIFTEEN OF THIS SECTION.
   (F)  THE  COURT SHALL HAVE DISCRETION, DEPENDING ON THE BEST INTERESTS
 OF THE CHILD, TO DETERMINE THE NATURE OF ANY POST-TERMINATION VISITATION
 AND/OR CONTACT.
   (G) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF  THIS  SUBDIVI-
 SION,  IN  NO EVENT SHALL AN ORDER OF POST-TERMINATION VISITATION AND/OR
 CONTACT BE ENTERED WHERE A COURT HAS ENTERED A FINDING PURSUANT TO PARA-
 GRAPH (A) OR (B) OF SUBDIVISION EIGHT OF  THIS  SECTION  THAT  A  PARENT
 SEVERELY OR REPEATEDLY ABUSED THE CHILD, EXCEPT WHERE A COURT HAS DETER-
 MINED THAT THE PARENT SEEKING POST-TERMINATION VISITATION AND/OR CONTACT
 WAS NOT THE PERPETRATOR OF SUCH SEVERE OR REPEATED ABUSE OF SUCH CHILD.
   (H)  IF  THE  CHILD IS OVER FOURTEEN YEARS OF AGE, THE CONSENT OF SUCH
 CHILD TO POST-TERMINATION VISITATION AND/OR CONTACT IS REQUIRED.
   (I) THE COURT IN ITS ORDER SHALL INDICATE SUCH PERSON OR  PERSONS  WHO
 WERE  GIVEN  NOTICE OF THE PROCEEDING AND WHETHER SUCH PERSON OR PERSONS
 APPEARED.
   15. ALL PARTIES TO A POST-TERMINATION VISITATION AND/OR CONTACT  ORDER
 ENTERED PURSUANT TO SUBDIVISION FOURTEEN OF THIS SECTION, AS WELL AS ANY
 PERSON WHO SUBSEQUENTLY BECOMES THE CHILD'S LEGAL GUARDIAN, CUSTODIAN OR
 ADOPTIVE  PARENT,  MAY  MOVE  THE COURT TO ENFORCE OR MODIFY SUCH ORDER.
 UPON MOTION FOR MODIFICATION BY ANY SUCH  PARTY,  (I)  THE  COURT  SHALL
 ENTER AN ORDER MODIFYING SUCH POST-TERMINATION VISITATION AND/OR CONTACT
 ORDER ON SUCH TERMS AND CONDITIONS AS MAY BE AGREED UPON BY THE PARTIES,
 OR,  (II)  IF  ANY  PARTY DOES NOT CONSENT, THE COURT MAY ENTER AN ORDER
 MODIFYING SUCH POST-TERMINATION VISITATION AND/OR CONTACT ORDER, AFTER A
 HEARING AT WHICH THE COURT HAS DETERMINED THAT (A) THE  PARTY'S  CONSENT
 IS  BEING UNREASONABLY WITHHELD; AND (B) THE MODIFICATION WOULD BE BASED
 ON A SHOWING OF A SUBSTANTIAL  CHANGE  IN  CIRCUMSTANCES  AND  THE  BEST
 INTERESTS OF THE CHILD.
   16.  NOTHING  IN SUBDIVISION FOURTEEN OR FIFTEEN OF THIS SECTION SHALL
 BE CONSTRUED TO LIMIT THE RIGHTS OF HALF-SIBLINGS OR  SIBLINGS  TO  SEEK
 CONTACT  PURSUANT  TO SUBDIVISION NINE OF THIS SECTION OR SECTION SEVEN-
 TY-ONE OF THE DOMESTIC RELATIONS LAW FOLLOWING A TERMINATION OF PARENTAL
 RIGHTS OR ADOPTION.

 S. 6357                             3
 
   17. THE FAILURE OF AN AUTHORIZED AGENCY OR A CHILD'S FOSTER PARENT  OR
 ANY  OTHER  PERSON  WHO SUBSEQUENTLY BECOMES THE CHILD'S LEGAL GUARDIAN,
 CUSTODIAN OR ADOPTIVE PARENT TO COMPLY WITH THE TERMS OF  THE  ORDER  OF
 POST-TERMINATION  VISITATION AND/OR CONTACT SHALL NOT CONSTITUTE A BASIS
 FOR INVALIDATING EITHER THE ORDER COMMITTING THE GUARDIANSHIP AND CUSTO-
 DY  OF  THE  CHILD TO THE PETITIONER OR ANY SUBSEQUENT ORDER OF ADOPTION
 REGARDING SUCH CHILD.
   18. UNLESS A STAY OF ADOPTION PROCEEDINGS IS GRANTED BY A JUDGE OF THE
 FAMILY COURT OR APPELLATE COURT, AN APPEAL FROM ANY ORDER REGARDING  THE
 APPLICATION  FOR  POST-TERMINATION  VISITATION  AND/OR CONTACT SHALL NOT
 PROVIDE A BASIS FOR DELAYING THE FINALIZATION OF A CHILD'S ADOPTION.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.