S T A T E O F N E W Y O R K
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5202
2013-2014 Regular Sessions
I N S E N A T E
May 14, 2013
___________
Introduced by Sen. FELDER -- (at request of the Office of Court Adminis-
tration) -- 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, the social services law and the
executive law, in relation to orders of protection in termination of
parental rights proceedings, child protective proceedings and perman-
ency hearings regarding children freed for adoption
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 634 of the family court act, as amended by chapter
666 of the laws of 1976, is amended to read as follows:
S 634. Commitment of guardianship and custody; further orders. The
court may enter an order under section six hundred thirty-one OF THIS
ARTICLE committing the guardianship and custody of the child to the
petitioner on such conditions, if any, as it deems proper. FOR GOOD
CAUSE SHOWN, THE COURT MAY ISSUE A TEMPORARY ORDER OF PROTECTION OR,
UPON DISPOSITION, AN ORDER OF PROTECTION TO PROTECT THE CHILD AND THE
CHILD'S FOSTER OR PRE-ADOPTIVE PARENT OR PARENTS AND OTHER DESIGNATED
MEMBERS OF THE HOUSEHOLD IN WHICH THE CHILD RESIDES. THE ORDER MAY
DIRECT THE RESPONDENT TO OBSERVE REASONABLE CONDITIONS THAT MAY INCLUDE,
AMONG OTHERS, THAT THE RESPONDENT STAY AWAY FROM THE CHILD AND FROM THE
HOME, SCHOOL, BUSINESS OR PLACE OF EMPLOYMENT OF THE CHILD OR THE
CHILD'S FOSTER OR PRE-ADOPTIVE PARENT OR PARENTS OR OTHER DESIGNATED
MEMBERS OF THE HOUSEHOLD IN WHICH THE CHILD RESIDES. PRIOR TO ISSUING
THE ORDER, THE COURT SHALL INQUIRE AS TO THE EXISTENCE OF ANY OTHER
ORDERS OF PROTECTION INVOLVING THE PARTIES AND SHALL GIVE THE RESPONDENT
NOTICE AND AN OPPORTUNITY TO BE HEARD. THE COURT SHALL STATE ITS REASONS
ON THE RECORD FOR ISSUING THE ORDER. AN ORDER OF PROTECTION ISSUED UNDER
THIS SECTION MAY REMAIN IN EFFECT FOR A PERIOD OF UP TO FIVE YEARS OR
UNTIL THE YOUNGEST CHILD IN THE HOUSEHOLD IN WHICH THE CHILD RESIDES
REACHES THE AGE OF EIGHTEEN YEARS OF AGE, WHICHEVER IS EARLIER. A
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09912-01-3
S. 5202 2
VIOLATION OF AN ORDER ISSUED UNDER THIS SECTION MAY BE ADDRESSED IN
ACCORDANCE WITH SUBDIVISION TWO OF SECTION ONE THOUSAND SEVENTY-TWO OF
THIS CHAPTER.
S 2. Subdivision (a) of section 1029 of the family court act, as
amended by chapter 41 of the laws of 2010, is amended to read as
follows:
(a) The family court, upon the application of any person who may orig-
inate a proceeding under this article, for good cause shown, may issue a
temporary order of protection, before or after the filing of such peti-
tion, which may contain any of the provisions authorized on the making
of an order of protection under section one thousand fifty-six OF THIS
ARTICLE AND MUST CONFORM TO ALL OF THE REQUIREMENTS OF THAT SECTION.
PRIOR TO ISSUING A TEMPORARY ORDER OF PROTECTION UNDER THIS SECTION, THE
COURT SHALL INQUIRE AS TO THE EXISTENCE OF ANY OTHER ORDERS OF
PROTECTION INVOLVING THE PARTIES. If such order is granted before the
filing of a petition and a petition is not filed under this article
within ten days from the granting of such order, the order shall be
vacated. In any case where a petition has been filed and an attorney for
the child has been appointed, such attorney may make application for a
temporary order of protection pursuant to the provisions of this
section.
S 3. The opening paragraph and paragraph (a) of subdivision 1, and
subdivisions 2 and 4 of section 1056 of the family court act, the open-
ing paragraph of subdivision 1 as amended by and subdivision 4 as added
by chapter 622 of the laws of 1990, paragraph (a) of subdivision 1 as
amended by chapter 483 of the laws of 1995, and subdivision 2 as amended
by chapter 220 of the laws of 1989, are amended to read as follows:
The court may [make] ISSUE an order of protection in assistance or as
a condition of any other order made under this part. [Such] PRIOR TO
ISSUING AN ORDER OF PROTECTION UNDER THIS SECTION, THE COURT SHALL
INQUIRE AS TO THE EXISTENCE OF ANY OTHER ORDERS OF PROTECTION INVOLVING
THE PARTIES. EXCEPT AS PROVIDED IN SUBDIVISION FOUR OF THIS SECTION, AN
order of protection [shall] ISSUED UNDER THIS SECTION MAY remain in
effect [concurrently with, shall expire no later than the expiration
date of, and] FOR A PERIOD OF UP TO TWO YEARS OR, IF THE COURT FINDS
AGGRAVATING CIRCUMSTANCES AS DEFINED IN PARAGRAPH (VII) OF SUBDIVISION
(A) OF SECTION EIGHT HUNDRED TWENTY-SEVEN OF THIS ACT OR IF THE COURT
FINDS THAT THE RESPONDENT HAS VIOLATED AN ORDER OF PROTECTION, A PERIOD
OF UP TO FIVE YEARS. THE ORDER OF PROTECTION may be extended concurrent-
ly with, [such other] ANOTHER order [made] ISSUED under this [part]
ARTICLE OR ARTICLE TEN-A OF THIS ACT[, except as provided in subdivision
four of this section]. The order of protection may set forth reasonable
conditions of behavior to be observed for a specified time by a person
who is before the court and is a parent or a person legally responsible
for the child's care or the spouse of the parent or other person legally
responsible for the child's care, or both. Such an order may require any
such person:
(a) to stay away from the home, school, business or place of employ-
ment of the other spouse, parent or person legally responsible for the
child's care, PERSON WITH WHOM THE CHILD HAS BEEN REMANDED, PLACED OR
RELEASED BY THE COURT or the child, and to stay away from any other
specific location designated by the court;
2. [The] WHERE THE court [may also] HAS DETERMINED, IN ACCORDANCE WITH
THE REQUIREMENTS OF SECTION ONE THOUSAND SEVENTEEN OR PART TWO OF THIS
ARTICLE OR, AS APPLICABLE, SECTIONS ONE THOUSAND FIFTY-TWO AND ONE THOU-
SAND FIFTY-FIVE OF THIS ARTICLE, TO award custody of the child, during
S. 5202 3
the term of the TEMPORARY order of protection OR ORDER OF PROTECTION, AS
APPLICABLE, to [either] A NON-RESPONDENT parent, or to an appropriate
relative [within the second degree] OR SUITABLE PERSON, THE AWARD OF
CUSTODY MAY BE INCLUDED IN THE ORDER OF PROTECTION OR TEMPORARY ORDER OF
PROTECTION, AS APPLICABLE. Nothing in this section gives the court
power to place or board out any child or to commit a child to an insti-
tution or agency. In making orders of protection, the court shall so act
as to insure that in the care, protection, discipline and guardianship
of the child his OR HER religious faith shall be preserved and
protected.
4. The court may enter an order of protection independently of any
other order made under this part, against a [person] RESPONDENT who IS
OR was [a member of the child's household or] a person legally responsi-
ble FOR THE CHILD'S CARE as defined in section one thousand twelve of
this [chapter] ARTICLE, 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] A PARENT OF the child [or a member of the child's house-
hold]. An order of protection entered pursuant to this subdivision may
be for any period of time up to the [child's] eighteenth birthday OF THE
YOUNGEST CHILD IN THE CHILD'S HOUSEHOLD and upon such conditions as [the
court deems necessary and proper to protect the health and safety of the
child and the child's caretaker] ARE AUTHORIZED BY SUBDIVISION ONE OF
THIS SECTION. THE PERSON RESTRAINED BY THE ORDER OF PROTECTION MAY, UPON
A SHOWING OF A SUBSTANTIAL CHANGE OF CIRCUMSTANCES, MOVE FOR MODIFICA-
TION OR VACATUR OF THE ORDER.
S 4. Section 1072 of the family court act, as amended by chapter 1039
of the laws of 1973 and the opening paragraph as amended by chapter 437
of the laws of 2006, is amended to read as follows:
S 1072. Failure to comply with terms and conditions of supervision OR
ORDER OF PROTECTION.
1. If, prior to the expiration of the period of an order of super-
vision pursuant to section one thousand fifty-four or one thousand
fifty-seven of this article, a motion or order to show cause is filed
that alleges that a parent or other person legally responsible for a
child's care violated the terms and conditions of an order of super-
vision issued under section one thousand fifty-four or one thousand
fifty-seven of this article, the period of the order of supervision
shall be tolled pending disposition of the motion or order to show
cause. If, after hearing, the court is satisfied by competent proof that
the parent or other person violated the order of supervision willfully
and without just cause, the court may:
(a) revoke the order of supervision [or of protection] and enter any
order that might have been made at the time the order of supervision or
of protection was made, or
(b) commit the parent or other person who willfully and without just
cause violated the order to jail for a term not to exceed six months.
2. PRIOR TO THE EXPIRATION OF THE PERIOD OF AN ORDER OF PROTECTION OR
TEMPORARY ORDER OF PROTECTION ISSUED PURSUANT TO SECTION SIX HUNDRED
THIRTY-FOUR, ONE THOUSAND TWENTY-NINE, ONE THOUSAND FIFTY-SIX OR ONE
THOUSAND EIGHTY-NINE OF THIS ARTICLE OR SUBDIVISION THIRTEEN OF SECTION
THREE HUNDRED EIGHTY-FOUR-B OF THE SOCIAL SERVICES LAW, A MOTION OR
ORDER TO SHOW CAUSE MAY BE FILED THAT ALLEGES THAT A RESPONDENT PARENT
OR OTHER PERSON LEGALLY RESPONSIBLE FOR A CHILD'S CARE VIOLATED THE
TERMS AND CONDITIONS OF SUCH ORDER WILLFULLY AND WITHOUT JUST CAUSE. IF,
AFTER HEARING, THE COURT IS SATISFIED BY COMPETENT PROOF THAT THE PARENT
S. 5202 4
OR OTHER PERSON VIOLATED THE ORDER OF PROTECTION OR TEMPORARY ORDER OF
PROTECTION WILLFULLY AND WITHOUT JUST CAUSE, THE COURT MAY:
(A) REVOKE OR MODIFY THE ORDER OF PROTECTION OR TEMPORARY ORDER OF
PROTECTION AND ENTER ANY ORDER THAT MIGHT HAVE BEEN MADE AT THE TIME
SUCH ORDER HAD BEEN ISSUED, OR
(B) ISSUE AN ORDER IN ACCORDANCE WITH SECTION EIGHT HUNDRED
FORTY-TWO-A OR EIGHT HUNDRED FORTY-SIX-A OF THIS ACT.
S 5. Clause (D) of subparagraph (viii) of paragraph 2 of subdivision
(d) of section 1089 of the family court act, as added by section 27 of
part A of chapter 3 of the laws of 2005, is amended to read as follows:
(D) [The] IN THE CASE OF A CHILD WHO HAS NOT BEEN FREED FOR ADOPTION,
THE court may make an order of protection in the manner specified by
section one thousand fifty-six of this [act] CHAPTER in assistance or as
a condition of any other order made under this section. The order of
protection may set forth reasonable conditions of behavior to be
observed for a specified period of time by a person before the court FOR
THE PROTECTION OF THE CHILD AND THE CHILD'S FOSTER OR PRE-ADOPTIVE
PARENT OR PARENTS AND OTHER DESIGNATED MEMBERS OF THE HOUSEHOLD IN WHICH
THE CHILD RESIDES. PRIOR TO ISSUING AN ORDER OF PROTECTION UNDER THIS
SECTION, THE COURT SHALL INQUIRE AS TO THE EXISTENCE OF ANY OTHER ORDERS
OF PROTECTION INVOLVING THE PARTIES AND THE CHILD. IN THE CASE OF A
CHILD FREED FOR ADOPTION, THE COURT, FOR GOOD CAUSE SHOWN, MAY ISSUE AN
ORDER OF PROTECTION DIRECTING A PERSON WHOSE PARENTAL RIGHTS HAD BEEN
TERMINATED OR SURRENDERED TO OBSERVE REASONABLE CONDITIONS ENUMERATED
THEREIN IN ORDER TO PROTECT THE CHILD AND THE CHILD'S FOSTER OR PRE-A-
DOPTIVE PARENT OR PARENTS AND OTHER DESIGNATED MEMBERS OF THE HOUSEHOLD
IN WHICH THE CHILD RESIDES. THE CONDITIONS MAY INCLUDE, AMONG OTHERS,
THAT SUCH PERSON SHALL STAY AWAY FROM THE CHILD AND FROM THE HOME,
SCHOOL, BUSINESS OR PLACE OF EMPLOYMENT OF THE CHILD OR THE CHILD'S
FOSTER OR PRE-ADOPTIVE PARENT OR PARENTS OR OTHER DESIGNATED MEMBERS OF
THE HOUSEHOLD IN WHICH THE CHILD RESIDES. THE ORDER MAY ONLY BE ISSUED
AFTER THE PERSON OR PERSONS RESTRAINED BY THE ORDER HAVE BEEN GIVEN
NOTICE AND AN OPPORTUNITY TO BE HEARD. THE COURT SHALL STATE ITS REASONS
ON THE RECORD FOR ISSUING THE ORDER. IN THE CASE OF A CHILD FREED FOR
ADOPTION OR FOR WHOM A TERMINATION OF PARENTAL RIGHTS PROCEEDING IS
PENDING, THE COURT MAY ISSUE AN ORDER OF PROTECTION OR TEMPORARY ORDER
OF PROTECTION, AS APPLICABLE, IN ACCORDANCE WITH SUBDIVISION THIRTEEN OF
SECTION THREE HUNDRED EIGHTY-FOUR-B OF THE SOCIAL SERVICES LAW. A
VIOLATION OF AN ORDER ISSUED UNDER THIS SECTION MAY BE ADDRESSED IN
ACCORDANCE WITH SUBDIVISION TWO OF SECTION ONE THOUSAND SEVENTY-TWO OF
THIS CHAPTER.
S 6. Section 384-b of the social services law is amended by adding a
new subdivision 14 to read as follows:
14. FOR GOOD CAUSE SHOWN, THE COURT MAY ISSUE A TEMPORARY ORDER OF
PROTECTION OR, UPON DISPOSITION, AN ORDER OF PROTECTION TO PROTECT THE
CHILD AND THE CHILD'S FOSTER OR PRE-ADOPTIVE PARENT OR PARENTS AND OTHER
DESIGNATED MEMBERS OF THE HOUSEHOLD IN WHICH THE CHILD RESIDES. THE
ORDER MAY DIRECT THE RESPONDENT TO OBSERVE REASONABLE CONDITIONS THAT
MAY INCLUDE, AMONG OTHERS, THAT THE RESPONDENT STAY AWAY FROM THE CHILD
AND FROM THE HOME, SCHOOL, BUSINESS OR PLACE OF EMPLOYMENT OF THE CHILD
OR THE CHILD'S FOSTER OR PRE-ADOPTIVE PARENT OR PARENTS OR OTHER DESIG-
NATED MEMBERS OF THE HOUSEHOLD IN WHICH THE CHILD RESIDES. PRIOR TO
ISSUING THE ORDER, THE COURT SHALL INQUIRE AS TO THE EXISTENCE OF ANY
OTHER ORDERS OF PROTECTION INVOLVING THE PARTIES AND SHALL GIVE THE
RESPONDENT NOTICE AND AN OPPORTUNITY TO BE HEARD. THE COURT SHALL STATE
ITS REASONS ON THE RECORD FOR ISSUING THE ORDER. AN ORDER OF PROTECTION
S. 5202 5
ISSUED UNDER THIS SECTION MAY REMAIN IN EFFECT FOR A PERIOD OF UP TO
FIVE YEARS OR UNTIL THE YOUNGEST CHILD IN THE HOUSEHOLD IN WHICH THE
CHILD RESIDES REACHES THE AGE OF EIGHTEEN YEARS OF AGE, WHICHEVER IS
EARLIER. A VIOLATION OF AN ORDER ISSUED UNDER THIS SECTION MAY BE
ADDRESSED IN ACCORDANCE WITH SUBDIVISION TWO OF SECTION ONE THOUSAND
SEVENTY-TWO OF THE FAMILY COURT ACT.
S 7. Subdivision 1 of section 221-a of the executive law, as separate-
ly amended by sections 14 and 67 of part A of chapter 56 of the laws of
2010, is amended to read as follows:
1. The superintendent, in consultation with the division of criminal
justice services, THE office of court administration, and the office for
the prevention of domestic violence, shall develop a comprehensive plan
for the establishment and maintenance of a statewide computerized regis-
try of all orders of protection issued pursuant to articles four, five,
six [and], eight, TEN AND TEN-A of the family court act, SECTION THREE
HUNDRED EIGHTY-FOUR-B OF THE SOCIAL SERVICES LAW, section 530.12 of the
criminal procedure law and, insofar as they involve victims of domestic
violence as defined by section four hundred fifty-nine-a of the social
services law, section 530.13 of the criminal procedure law and sections
two hundred forty and two hundred fifty-two of the domestic relations
law, and orders of protection issued by courts of competent jurisdiction
in another state, territorial or tribal jurisdiction, special orders of
conditions issued pursuant to subparagraph (i) or (ii) of paragraph (o)
of subdivision one of section 330.20 of the criminal procedure law inso-
far as they involve a victim or victims of domestic violence as defined
by subdivision one of section four hundred fifty-nine-a of the social
services law or a designated witness or witnesses to such domestic
violence, and all warrants issued pursuant to sections one hundred
fifty-three and eight hundred twenty-seven of the family court act, and
arrest and bench warrants as defined in subdivisions twenty-eight, twen-
ty-nine and thirty of section 1.20 of the criminal procedure law, inso-
far as such warrants pertain to orders of protection or temporary orders
of protection; provided, however, that warrants issued pursuant to
section one hundred fifty-three of the family court act pertaining to
articles three[,] AND seven [and ten] of such act and section 530.13 of
the criminal procedure law shall not be included in the registry. The
superintendent shall establish and maintain such registry for the
purposes of ascertaining the existence of orders of protection, tempo-
rary orders of protection, warrants and special orders of conditions,
and for enforcing the provisions of paragraph (b) of subdivision four of
section 140.10 of the criminal procedure law.
S 8. This act shall take effect on the ninetieth day after it shall
have become a law.