Bill > A04940

This bill establishes comprehensive procedures for post-termination visitation and contact between a child and a parent whose parental rights have been terminated. The bill allows courts to order post-termination visitation or contact either by mutual agreement of all parties (the parent, child, and foster parent or agency) or through a court hearing if consent is being unreasonably withheld. The hearing must be conducted either concurrently with or immediately after the termination of parental rights proceedings, and all parties, including the child, must be given notice and an opportunity to participate. The applicant must prove that the proposed visitation is in the child's best interest, and the court has discretion to determine the nature of such contact. Importantly, post-termination visitation will not be granted in cases of severe child abuse, and for children over 14, their consent is required. The bill also provides a mechanism for modifying these visitation orders based on substantial changes in circumstances and allows parties to seek enforcement or modification of the order. Additionally, the bill ensures that failure to comply with a post-termination visitation order cannot invalidate guardianship or adoption proceedings, and provides for assigned counsel for foster parents, adoptive parents, legal guardians, or custodians in these proceedings.

Justice

https://www.nysenate.gov/legislation/bills/2025/A4940