senate Bill S7215

Authorizes the issuance of an order of protection in a child protective proceeding against a parent of a child when such parent is found to have severely abused another child

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 06 / May / 2014
    • REFERRED TO CHILDREN AND FAMILIES
  • 13 / May / 2014
    • 1ST REPORT CAL.673
  • 14 / May / 2014
    • 2ND REPORT CAL.
  • 19 / May / 2014
    • ADVANCED TO THIRD READING
  • 03 / Jun / 2014
    • PASSED SENATE
  • 03 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 03 / Jun / 2014
    • REFERRED TO CHILDREN AND FAMILIES

Summary

Authorizes the issuance of an order of protection in a child protective proceeding against a parent of a child when such parent is found to have severely abused another child.

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Bill Details

Versions:
S7215
Legislative Cycle:
2013-2014
Current Committee:
Assembly Children And Families
Law Section:
Family Court Act
Laws Affected:
Amd ยง1056, Fam Ct Act

Sponsor Memo

BILL NUMBER:S7215

TITLE OF BILL: An act to amend the family court act, in relation to
the issuance of orders of protection in child protective proceedings

PURPOSE:

This bill is meant to allow the family court to be able to issue an
order of protection against a person that is not the child's
biological or adoptive parent in addition to being able to issue
orders of protection against the biological parents found to have
severely abused any child.

SUMMARY OF PROVISIONS:

Section 1. Amends subdivision 4 of section 1056 of the family court
act, as added by chapter 622 of the laws of 1990, summarized as
follows:

Any person that is not the child's adoptive parent, biological parent,
or is indeed the biological or adoptive parent, that is found to have
severely abused any child can have an order of protection placed
against them preventing contact with the child victim until their
eighteenth birthday.

Section 2 is the enacting clause.

JUSTIFICATION:

This law would allow-although not require-Family Court to issue a no
contact order of protection, which lasts until the child's 18th
birthday, in situations involving abusive parents or relatives.
Currently, the law does not permit the court to issue orders of no
contact for an abusive relative who is not the parent of the child
seeking protection. Yet, some of the most serious cases of abuse have
been at the hands of a stepparent. This bill would allow the court to
have the option of ending the child's relationship with an abusive
relative through an order of no contact that lasts until the child
turns 18 years of age.

In addition, the law would provide greater safety in cases involving
abuse by the parents, by extending the length of time for a no contact
order of protection. Under current law, when the court determines that
a parent is incapable of having safe contact with a child, a Judge can
only issue an order of no contact for a period up to one year. This
bill would allow a Judge to extend the order through the child's 18th
birthday so that the child would not be at-risk on an annual basis
when the court order expires. Aside from a no contact order, the only
option is to terminate the parents' rights and free the child for
adoption. However, that is not in the child's best interests when the
child lives safely in the custody of a non-abusive parent. To promote
child safety, Family Court should have the option to issue a no
contact order that covers the child through age 18 when the
circumstances require it.

LEGISLATIVE HISTORY:


New Bill.

FISCAL IMPLICATIONS:

Undetermined.

EFFECTIVE DATE:

This act shall take effect immediately.

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

                                  7215

                            I N  S E N A T E

                               May 6, 2014
                               ___________

Introduced  by  Sen.  FELDER -- 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, in relation  to  the  issuance  of
  orders of protection in child protective proceedings

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

  Section 1. Subdivision 4 of section 1056 of the family court  act,  as
added by chapter 622 of the laws of 1990, is amended to read as follows:
  4.  The  court  may  enter an order of protection independently of any
other order made under this part, against a person who [was a member  of
the  child's  household  or  a  person legally responsible as defined in
section one thousand twelve of this chapter, and  who  is  no  longer  a
member  of  such household at the time of the disposition and who is not
related by blood or marriage to the child or a  member  of  the  child's
household]  IS  NOT THE CHILD'S BIOLOGICAL PARENT OR ADOPTIVE PARENT, OR
AGAINST A CHILD'S BIOLOGICAL OR ADOPTIVE PARENT WHO HAS  BEEN  FOUND  TO
HAVE  SEVERELY ABUSED ANY CHILD. An order of protection entered pursuant
to this subdivision may be for any period of  time  up  to  the  child's
eighteenth  birthday  and upon such conditions as the court deems neces-
sary and proper to protect the health and safety of the  child  and  the
child's caretaker.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14863-01-4

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