WeVote
Log In

Bill

Bill

S 10000

Authorizes children who will be 18 or older on the date of a permanency hearing to apply to dispense with the provision of notice and copy of the hearing report

2025 Regular Session Introduced by Jabari Brisport

Allows a youth who will be 18+ at a permanency hearing to seek court permission to dispense with or redact notice and the hearing report to protect confidentiality.

2ND REPORT CAL.
0
WeVote Research Nonpartisan
Bill Summary · S 10000

Overview

  • Bill: S 10000
  • Session: 2025-2026
  • Jurisdiction: New York
  • Title: Authorizes children who will be 18 or older on the date of a permanency hearing to apply to dispense with the provision of notice and copy of the hearing report
  • Purpose: Allow youths who will be 18+ on the hearing date to seek court relief from receiving notice and a full hearing report, citing confidentiality and the child’s best interests.

Main purpose and intent

  • Provide a mechanism for youths aged 18 or older (on the permanency hearing date) to request that notice and the copy of the permanency hearing report be dispensed with or redacted, in order to protect confidentiality and potentially streamline proceedings.
  • Create a process for these youths (or their attorneys) to seek court authorization via motion or order to show cause.
  • Extend confidentiality protections prospectively for future hearings if the court grants confidentiality.

Key provisions and changes

  • Notice and hearing report traditionally required:
    • For most parties: notice and the permanency hearing report must be served at least 14 days before the hearing.
    • Includes the child’s parent, other parties, the supervising agency, the child’s attorney, and the attorney for the child; subsections specify additional recipients.
  • New provision for 18+ on hearing date:
    • If the child will be 18 or older on the date certain for the permanency hearing, the child or the child’s attorney may apply to the court (no later than 45 days before the hearing) by motion or order to dispense with notice and the copy of the hearing report (or to redact portions) for the recipients identified in the current notice framework.
    • Grounds required: the motion must show that providing notice or unredacted portions would violate the child’s confidentiality (medical or other information) and would not be in the child’s best interests.
    • The application may also request a confidentiality order applying to future hearings during the child’s stay in foster care.
  • Process for the motion:
    • Service: the motion must be served by mail or electronic means on the involved individuals and the supervising agency; they have up to 30 days to respond with opportunity to be heard in person or in writing.
    • Court timeline: the court must decide within 20 days before the hearing date and promptly inform the agency, the child, and the child’s attorney to ensure notices and reports align with any decisions.
    • The decision cannot delay the permanency hearing beyond existing deadlines.
  • Additional notice provisions (unchanged except where modified by the new 18+ provision):
    • Children aged 10 or older must be served with notice 14 days before the hearing; attorney for the child may advise beforehand per existing law.
    • Pre-adoptive parents, relatives, or former foster parents may receive notice of the hearing (except where the court dispenses with notice), and they have rights to be heard but are not parties; failure to appear does not delay the hearing.
    • A copy of the court order, including the date certain and the hearing report as approved, is generally provided to the parent or other person legally responsible for the child.

Who would be affected

  • Youths in foster care who will reach age 18 or older by the date of a permanency hearing.
  • The child’s attorney, the agency supervising the child’s care, and the child’s parent or other legally responsible parties (subject to confidentiality determinations).
  • Pre-adoptive parents, relatives, and former foster parents who receive notice (where applicable).
  • Court system and agency staff responsible for issuing notices and hearing reports.

Procedural and timeline aspects

  • Eligible applicants: a child who will be 18+ on the hearing date or the child’s attorney.
  • Filing deadline for the request: no later than 45 days before the permanency hearing date.
  • Response window: interested parties have up to 30 days to respond and present arguments.
  • Court decision deadline: the court must decide no later than 20 days before the hearing date and notify involved parties immediately.
  • Effect on hearings: the act ensures confidentiality takes precedence if granted and must not delay the hearing beyond current statutory deadlines.

Effective date

  • Takes effect 60 days after enactment.

Note: The measure is introduced at the request of the Unified Court System and is sponsored by Senator Brisport.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.