S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    36
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Children and Families
 
 AN ACT to amend the domestic relations law, in relation  to  prohibiting
   the  consideration of evidence that either parent has ever obtained or
   attempted to obtain  reproductive  health  services  relating  to  the
   termination of a pregnancy in certain legal proceedings
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (a) of section 70  of  the  domestic  relations
 law,  as  amended by chapter 457 of the laws of 1988, is amended to read
 as follows:
   (a) Where a minor child is residing within this state,  either  parent
 may  apply to the supreme court for a writ of habeas corpus to have such
 minor child brought before such court; and on the  return  thereof,  the
 court,  on due consideration, may award the natural guardianship, charge
 and custody of such child to either parent for  such  time,  under  such
 regulations  and  restrictions, and with such provisions and directions,
 as the case may require, and may at any time thereafter vacate or modify
 such order. In all cases there shall be no  prima  facie  right  to  the
 custody  of  the  child  in either parent, but the court shall determine
 solely what is for the best interest of the child, and  what  will  best
 promote  its  welfare  and  happiness,  and make award accordingly.   IN
 MAKING A DETERMINATION OF THE BEST INTEREST OF  THE  CHILD  PURSUANT  TO
 THIS  SECTION,  THE COURT SHALL NOT CONSIDER EVIDENCE THAT EITHER PARENT
 HAS EVER OBTAINED OR ATTEMPTED TO OBTAIN REPRODUCTIVE  HEALTH  SERVICES.
 FOR  THE  PURPOSES  OF  THIS SECTION, REPRODUCTIVE HEALTH SERVICES MEANS
 HEALTH CARE SERVICES PROVIDED IN A HOSPITAL, CLINIC, PHYSICIAN'S  OFFICE
 OR OTHER FACILITY AND INCLUDES MEDICAL, SURGICAL, COUNSELING OR REFERRAL
 SERVICES  RELATING  TO THE HUMAN REPRODUCTIVE SYSTEM, INCLUDING SERVICES
 RELATING TO PREGNANCY OR THE TERMINATION OF A PREGNANCY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD04159-01-9

 S. 36                               2
 
   § 2. Paragraph (a) of subdivision 1 of section  240  of  the  domestic
 relations law, as amended by chapter 567 of the laws of 2015, is amended
 to read as follows:
   (a)  In any action or proceeding brought (1) to annul a marriage or to
 declare the nullity of a void marriage, or (2) for a separation, or  (3)
 for  a divorce, or (4) to obtain, by a writ of habeas corpus or by peti-
 tion and order to show cause, the custody of or right to visitation with
 any child of a marriage, the court shall  require  verification  of  the
 status of any child of the marriage with respect to such child's custody
 and  support,  including  any  prior  orders, and shall enter orders for
 custody and support as, in the  court's  discretion,  justice  requires,
 having  regard  to  the  circumstances of the case and of the respective
 parties and to the best interests  of  the  child  and  subject  to  the
 provisions  of  subdivision  one-c of this section. IN MAKING A DETERMI-
 NATION OF THE BEST INTEREST OF THE CHILD PURSUANT TO THIS  SECTION,  THE
 COURT  SHALL  NOT CONSIDER EVIDENCE THAT EITHER PARENT HAS EVER OBTAINED
 OR ATTEMPTED TO OBTAIN REPRODUCTIVE HEALTH SERVICES. FOR THE PURPOSES OF
 THIS SECTION, REPRODUCTIVE HEALTH SERVICES MEANS  HEALTH  CARE  SERVICES
 PROVIDED IN A HOSPITAL, CLINIC, PHYSICIAN'S OFFICE OR OTHER FACILITY AND
 INCLUDES  MEDICAL, SURGICAL, COUNSELING OR REFERRAL SERVICES RELATING TO
 THE HUMAN REPRODUCTIVE SYSTEM, INCLUDING SERVICES RELATING TO  PREGNANCY
 OR  THE  TERMINATION  OF  A  PREGNANCY.  Where either party to an action
 concerning custody of or a right to visitation with a child alleges in a
 sworn petition or complaint or sworn  answer,  cross-petition,  counter-
 claim  or  other  sworn  responsive  pleading  that  the other party has
 committed an act of domestic violence against the party making the alle-
 gation or a family or household member of either party, as  such  family
 or household member is defined in article eight of the family court act,
 and  such allegations are proven by a preponderance of the evidence, the
 court must consider the effect of such domestic violence upon  the  best
 interests of the child, together with such other facts and circumstances
 as  the  court  deems  relevant  in  making a direction pursuant to this
 section and state on the record how such  findings,  facts  and  circum-
 stances  factored  into  the  direction.  If a parent makes a good faith
 allegation based on a reasonable belief  supported  by  facts  that  the
 child  is  the  victim  of child abuse, child neglect, or the effects of
 domestic violence, and if that parent acts lawfully and in good faith in
 response to that reasonable belief to protect the child or  seek  treat-
 ment  for  the child, then that parent shall not be deprived of custody,
 visitation or contact with the child, or restricted in custody,  visita-
 tion  or  contact, based solely on that belief or the reasonable actions
 taken based on that belief. If an allegation that a child is  abused  is
 supported  by  a  preponderance  of  the  evidence, then the court shall
 consider such evidence of abuse in determining the  visitation  arrange-
 ment  that is in the best interest of the child, and the court shall not
 place a child in the custody of a parent who presents a substantial risk
 of harm to that child, and shall state on the record how  such  findings
 were  factored into the determination. Where a proceeding filed pursuant
 to article ten or ten-A of the family court act is pending at  the  same
 time  as a proceeding brought in the supreme court involving the custody
 of, or right to visitation with, any child  of  a  marriage,  the  court
 presiding  over  the proceeding under article ten or ten-A of the family
 court act may jointly hear the dispositional  hearing  on  the  petition
 under  article  ten or the permanency hearing under article ten-A of the
 family court act and, upon referral from the supreme court, the  hearing
 to resolve the matter of custody or visitation in the proceeding pending

 S. 36                               3
 
 in the supreme court; provided however, the court must determine custody
 or visitation in accordance with the terms of this section.
   An  order  directing  the  payment  of child support shall contain the
 social security numbers of the named parties. In all cases  there  shall
 be  no  prima  facie right to the custody of the child in either parent.
 Such direction shall make provision for child support out of the proper-
 ty of either or both parents. The court shall make its award  for  child
 support  pursuant  to  subdivision one-b of this section. Such direction
 may provide for reasonable visitation  rights  to  the  maternal  and/or
 paternal  grandparents of any child of the parties. Such direction as it
 applies to rights of visitation with a child remanded or placed  in  the
 care  of  a  person, official, agency or institution pursuant to article
 ten of the family court act, or pursuant to an instrument approved under
 section three hundred fifty-eight-a of the social services law, shall be
 enforceable pursuant to part eight of article ten of  the  family  court
 act  and  sections three hundred fifty-eight-a and three hundred eighty-
 four-a of the social services law and other applicable provisions of law
 against any person having care and custody, or temporary care and custo-
 dy, of the child. Notwithstanding any other provision of law, any  writ-
 ten  application or motion to the court for the establishment, modifica-
 tion or enforcement of a child support obligation  for  persons  not  in
 receipt  of public assistance and care must contain either a request for
 child support enforcement services which would authorize the  collection
 of  the  support  obligation  by  the  immediate  issuance  of an income
 execution for support enforcement  as  provided  for  by  this  chapter,
 completed in the manner specified in section one hundred eleven-g of the
 social  services  law; or a statement that the applicant has applied for
 or is in receipt of such services; or a  statement  that  the  applicant
 knows  of  the  availability of such services, has declined them at this
 time and where support enforcement  services  pursuant  to  section  one
 hundred  eleven-g of the social services law have been declined that the
 applicant understands that an  income  deduction  order  may  be  issued
 pursuant  to  subdivision  (c) of section fifty-two hundred forty-two of
 the civil practice law and rules without other child support enforcement
 services and that payment of an administrative fee may be required.  The
 court  shall  provide  a  copy  of  any  such  request for child support
 enforcement services to the support collection unit of  the  appropriate
 social services district any time it directs payments to be made to such
 support  collection  unit.  Additionally,  the  copy of any such request
 shall be accompanied by the name, address and social security number  of
 the  parties;  the date and place of the parties' marriage; the name and
 date of birth of the child or children; and the name and address of  the
 employers  and  income  payors  of  the party from whom child support is
 sought or from the party ordered to  pay  child  support  to  the  other
 party.  Such direction may require the payment of a sum or sums of money
 either directly to the custodial parent or to third persons for goods or
 services furnished for such child, or for both payments to the custodial
 parent and to such third persons; provided,  however,  that  unless  the
 party seeking or receiving child support has applied for or is receiving
 such  services,  the  court shall not direct such payments to be made to
 the support collection unit,  as  established  in  section  one  hundred
 eleven-h  of  the social services law. Every order directing the payment
 of support shall require that if either parent currently, or at any time
 in the future, has health  insurance  benefits  available  that  may  be
 extended  or  obtained  to  cover  the child, such parent is required to
 exercise the option of additional coverage in favor of  such  child  and

 S. 36                               4
 
 execute  and  deliver  to  such  person any forms, notices, documents or
 instruments necessary to assure timely payment of any  health  insurance
 claims for such child.
   § 3. This act shall take effect immediately.