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.
The legislation proposes that, upon request from any party involved in a termination proceeding, the court shall order post-termination visitation if it is deemed to be in the child's best interest. This could potentially change the dynamics of custody arrangements and parental involvement following termination of rights, allowing for greater parental contact than was previously possible. The specified conditions require that such visitation be agreed upon by the parties involved and monitored under the premise of benefiting the child, which may offer biological parents a means to maintain some degree of relationship even after rights are severed.
Bill S05240, introduced in the New York Senate, aims to establish clearer procedures regarding post-termination visitation and/or contact orders between a child and their biological parent after parental rights have been terminated. The bill modifies existing sections of the Family Court Act and Social Services Law, detailing steps that courts must follow when determining the best interests of a child regarding potential visitation with a parent. This marks a significant shift in how the law may handle such sensitive family matters, particularly in light of child custody considerations post-termination of parental rights.
Notably, the bill has provisions that may create contention among stakeholders. For instance, if a parent's consent is deemed to be unreasonably withheld, a court hearing may be required to establish visitation terms, which could lead to conflicts over the interpretation of 'best interest'. Additionally, safeguards are established to ensure that abusive parents do not retain visitation rights, yet complexities may arise in cases where determining abuse is subjective. These nuances highlight the potential for legal challenges as the court navigates the balance between parental rights and child welfare.