Senate Bill S3314

2011-2012 Legislative Session

Relates to preventing the unnecessary removal of children from a custodial parent who is the victim of domestic violence

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Children And Families Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

2011-S3314 (ACTIVE) - Details

See Assembly Version of this Bill:
A503
Current Committee:
Senate Children And Families
Law Section:
Family Court Act
Laws Affected:
Amd §§1022, 1024, 1028 & 1012, Fam Ct Act; amd §371, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2009-2010: A1440
2013-2014: S3140, A2657
2015-2016: A3752

2011-S3314 (ACTIVE) - Summary

Amends provisions of child protective proceedings to prevent the unnecessary removal of children from a custodial parent who is the victim of domestic violence.

2011-S3314 (ACTIVE) - Sponsor Memo

2011-S3314 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3314

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 16, 2011
                               ___________

Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and Families

AN ACT to amend the family court act and the  social  services  law,  in
  relation  to  preventing  the  unnecessary  removal of children from a
  custodial parent who  is  the  victim  of  domestic  violence  without
  further evidence of neglect by such parent

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 1022 of the family court act is amended by adding a
new subdivision (g) to read as follows:
  (G) THERE SHALL BE A PRESUMPTION THAT A  CUSTODIAL  PARENT  OR  PERSON
LEGALLY  RESPONSIBLE  FOR A CHILD IS A FIT PARENT AND CAPABLE OF RAISING
SUCH CHILD OR CHILDREN IN A SAFE AND APPROPRIATE MANNER.  AN  ALLEGATION
OR  FINDING  THAT THE CUSTODIAL PARENT OR PERSON LEGALLY RESPONSIBLE FOR
THE CHILD WAS THE VICTIM OF DOMESTIC VIOLENCE SHALL BE  INSUFFICIENT  TO
ESTABLISH AN IMMINENT RISK TO THE CHILD'S LIFE OR HEALTH WITHOUT FURTHER
EVIDENCE  THAT  THE  CHILD HAS BEEN ABUSED OR NEGLECTED BY THE VICTIM OF
THE DOMESTIC VIOLENCE.
  S 2. Section 1024 of the family court act is amended by adding  a  new
subdivision (a-1) to read as follows:
  (A-1)  THERE  SHALL BE A PRESUMPTION THAT A CUSTODIAL PARENT OR PERSON
LEGALLY RESPONSIBLE FOR A CHILD IS A FIT PARENT AND CAPABLE  OF  RAISING
SUCH  CHILD OR CHILDREN IN A SAFE AND APPROPRIATE MANNER.  AN ALLEGATION
OR FINDING THAT THE CUSTODIAL PARENT OR PERSON LEGALLY  RESPONSIBLE  FOR
THE  CHILD  WAS THE VICTIM OF DOMESTIC VIOLENCE SHALL BE INSUFFICIENT TO
ESTABLISH AN IMMINENT RISK TO THE CHILD'S LIFE OR HEALTH WITHOUT FURTHER
EVIDENCE THAT THE CHILD HAS BEEN ABUSED OR NEGLECTED BY  THE  VICTIM  OF
THE DOMESTIC VIOLENCE.
  S  3.  Section 1028 of the family court act is amended by adding a new
subdivision (g) to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00805-01-1

              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.