New York Assembly Bill A04940

New York 2025-2026 Regular Session

• Introduced: 2/10/25
• Refer: 2/10/25
• Refer: 1/7/26

Caption

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.

Summary

This bill creates a formal procedure in Family Court and the Social Services Law for post-termination visitation and/or contact between a child and a parent after parental rights have been terminated. It allows a court, upon application, to order contact either by agreement of the parties or, if there is no consent, after a hearing where the court finds consent is being unreasonably withheld and that contact is in the child’s best interests. The bill also specifies when the hearing must occur, who has notice and standing to participate, and requires that a child over age 14 consent to the contact. The bill further provides rules for modifying or enforcing these orders, including a requirement of a substantial change in circumstances for modification when parties do not agree. It preserves sibling and half-sibling contact rights, states that noncompliance with a contact order does not invalidate termination or adoption orders, and makes clear that appeals over contact orders generally do not delay adoption unless a stay is granted. It also guarantees assigned counsel for foster parents, adoptive parents, legal guardians, or custodians in these proceedings.

Impact

The bill amends section 634 of the Family Court Act and section 384-b of the Social Services Law to authorize and regulate post-termination visitation and contact orders in termination-of-parental-rights cases. It creates new statutory standards for when such contact may be ordered, how hearings are conducted, who may participate, and how orders may later be enforced or modified. It also limits these orders in cases involving severe or repeated abuse, unless the parent seeking contact was not the perpetrator, and preserves the finality of adoption proceedings by preventing appeals from automatically delaying adoption.

Sentiment

The available context shows no recorded committee debate or votes, so there is no documented split in the legislative record provided. Based on the bill text, the measure appears aimed at balancing child welfare and permanency with the possibility of continued parent-child contact after termination. Its structure suggests a generally child-centered but family-connection-oriented approach, with safeguards such as best-interest findings, child consent for older children, and exclusions for severe abuse.

Contention

The main points of potential contention are whether courts should be empowered to order contact over a party’s objection, what qualifies as “unreasonably withheld” consent, and how to weigh a child’s best interests against the finality of termination and adoption. Child welfare advocates may focus on protecting children from harmful contact, especially in abuse cases, while others may support preserving family ties and allowing continued contact when it benefits the child. Additional tension may arise over the timing of hearings, the burden of proof placed on the applicant, and whether these orders could complicate adoption or permanency planning, even though the bill attempts to prevent delay.