Bill > S05240

This bill establishes comprehensive procedures for post-termination visitation and contact between a child and a parent whose parental rights have been terminated. The legislation allows for court-ordered post-termination visitation under two main scenarios: either by mutual agreement between the parent, child, and foster parent/agency, or through a court hearing if consent is being unreasonably withheld. The court must determine that such visitation is in the best interest of the child. The bill specifies that the hearing for post-termination visitation can occur either during the dispositional hearing for terminating parental rights or immediately after the fact-finding hearing. Important safeguards are included, such as requiring the consent of children over 14 years old, prohibiting visitation in cases of severe child abuse, and ensuring that all parties receive notice and have legal representation. The bill also provides a mechanism for modifying post-termination visitation orders based on substantial changes in circumstances and allows foster parents, adoptive parents, and legal guardians to seek assigned counsel in these proceedings. Importantly, failure to comply with visitation orders cannot invalidate guardianship or adoption orders, and appeals regarding visitation will not automatically delay adoption finalization.

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https://www.nysenate.gov/legislation/bills/2025/S5240