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.
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.
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
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.
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 NUMBER: S6357 SPONSOR: SAVINO TITLE OF BILL: An act to amend the family court act and the social services law, in relation to establishing procedures regarding orders of post-termination visitation and/or contact between a child and such child's parent PURPOSE: To allow post-termination visitation and/or contact between children and their birth parents in termination of parental rights proceedings provided it is deemed in the best interest of the child.
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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.