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

                                  4559

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2009
                               ___________

Introduced  by  M.  of  A. KOLB, CROUCH, FINCH, WALKER, ALESSI -- Multi-
  Sponsored by -- M. of A.   CALHOUN, GIGLIO, JORDAN --  read  once  and
  referred to the Committee on Judiciary

AN  ACT to amend the domestic relations law, in relation to establishing
  a presumption of shared parenting of  minor  children  in  matrimonial
  proceedings;  to amend the domestic relations law, the social services
  law and the family court act, in relation to changing  the  denotation
  of  visitation to parenting time; to amend the domestic relations law,
  in relation to matrimonial actions involving custody of children;  and
  in  relation  to the obligations of child support; to amend the social
  services law, in relation  to  audits  of  support  collection  fiscal
  agents;  to  amend  the  family  court act, in relation to opening all
  family court proceedings to the public; to amend the family court act,
  in relation to the review of evidence; to amend the family court  act,
  in  relation  to DNA evidence when question of paternity; to amend the
  domestic relations law, in relation to parental access to information;
  to amend the family court act and the social services law, in relation
  to the payment of child support; and to repeal paragraphs (e) and  (f)
  of subdivision 1-b of section 240 of the domestic relations law relat-
  ing to child support

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

  Section 1.  Legislative findings and intent.  The  legislature  hereby
finds  that, in cases of child custody, the court's paramount concern is
always the best interests of the child.  Shared  parenting,  where  both
parents share as equally as possible in the legal responsibility, living
experience,  and physical care of the child, has been found to be in the
child's best interests in certain circumstances. Where the  relationship
between  the  parent  and  child  is free from domestic violence, abuse,
neglect and other harmful circumstances, shared parenting is  beneficial
to both parent and child. This legislation seeks to encourage courts and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07146-01-9
              

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interested parties to work towards the goal of shared parenting whenever
practical and when in the best interests of the child.
  S  2.  Short  title.  This  act shall be known and may be cited as the
"family court reform act of 2009".
  S 3. The domestic relations law is amended by  adding  a  new  section
240-d to read as follows:
  S  240-D.  CUSTODY OF CHILDREN. 1.  WHERE THE COURT CONSIDERS AWARDING
SHARED PARENTING PURSUANT TO THE  PROVISIONS  OF  THIS  SECTION  "SHARED
PARENTING"  SHALL  MEAN  AN  ORDER AWARDING CUSTODY OF THE CHILD TO BOTH
PARTIES SO THAT BOTH PARTIES SHARE EQUALLY THE LEGAL RESPONSIBILITY  AND
CONTROL  OF  SUCH  CHILD AND SHARE EQUALLY THE LIVING EXPERIENCE IN TIME
AND PHYSICAL CARE TO ASSURE FREQUENT AND CONTINUING  CONTACT  WITH  BOTH
PARTIES,  AS  THE  COURT DEEMS TO BE IN THE BEST INTERESTS OF THE CHILD,
TAKING INTO CONSIDERATION THE LOCATION AND CIRCUMSTANCES OF EACH  PARTY.
THE  TERM  "SHARED  PARENTING"  WILL  BE CONSIDERED INTERCHANGEABLE WITH
"NEARLY EQUAL SHARED PARENTING". AN AWARD OF JOINT  PHYSICAL  AND  LEGAL
CUSTODY  OBLIGATES  THE  PARTIES  TO EXCHANGE INFORMATION CONCERNING THE
HEALTH, EDUCATION AND WELFARE OF THE MINOR CHILD, AND UNLESS  ALLOCATED,
APPORTIONED,  OR  DECREED,  THE PARENTS OR PARTIES SHALL CONFER WITH ONE
ANOTHER IN THE EXERCISE OF DECISION-MAKING RIGHTS, RESPONSIBILITIES  AND
AUTHORITY.
  1-A.  (A)  UPON  THE  INITIAL  APPEARANCE  IN  COURT  IN AN ACTION FOR
DIVORCE, NULLITY OR SEPARATE MAINTENANCE WHERE  CUSTODY,  VISITATION  OR
SUPPORT  OF  A  MINOR CHILD IS AT ISSUE, AND WHERE BOTH PARTIES AGREE TO
SHARED PARENTING, THE COURT SHALL APPOINT AN INDEPENDENT EVALUATOR  WITH
EXPERTISE  IN THE FIELD, INCLUDING BUT NOT LIMITED TO, CHILD PSYCHOLOGY,
DOMESTIC VIOLENCE COUNSELING, ETC., TO INVESTIGATE  THE  FAMILY  DYNAMIC
AND  INTERVIEW  THE  PARENTS,  CHILDREN  AND  OTHER  INTERESTED PARTIES,
INCLUDING BUT NOT LIMITED TO, FAMILY MEMBERS,  FRIENDS  AND  CO-WORKERS.
THE  INDEPENDENT EVALUATOR'S GOAL IS TO DETERMINE WHETHER SHARED PARENT-
ING IS IN THE BEST INTERESTS OF THE CHILD AND TO  ENSURE  THAT  DOMESTIC
VIOLENCE  AND/OR  ANY OTHER TYPE OF ABUSE, REPORTED OR UNREPORTED BY THE
VICTIM OR BY AN APPROPRIATE FEDERAL, STATE OR MUNICIPAL AGENCY,  IS  NOT
PRESENT  IN THE HOUSEHOLD SETTING. THE COURT SHALL UTILIZE THE INDEPEND-
ENT EVALUATOR'S ANALYSIS AND REPORT, ALONG WITH OTHER  SUPPORTING  DOCU-
MENTS  PROVIDED  BY  THE PARTIES, TO DETERMINE THE BEST INTERESTS OF THE
CHILD AND TO AWARD CUSTODY BASED ON THAT DETERMINATION.
  (B) THE COURT SHALL DETERMINE EACH PARTY'S ABILITY  TO  PAY  THE  COST
RELATED TO THE EVALUATION. ANY COST ABOVE AND BEYOND THE PARENTS' ABILI-
TY TO PAY SHALL BE INCURRED BY THE COUNTY.
  (C)  IF  EITHER  PARENT  HAS  AN ORDER OF PROTECTION AGAINST THE OTHER
PARENT BARRING CONTACT BETWEEN THE PARENT AND/OR CHILD, SHARED PARENTING
SHALL NOT BE A CUSTODIAL OPTION. IF EITHER PARENT HAS BEEN CONVICTED  OF
ABUSE,  INCLUDING BUT NOT LIMITED TO, DOMESTIC VIOLENCE AND SEXUAL ABUSE
AGAINST EITHER THE OTHER PARENT AND/OR THE CHILD, SHARED PARENTING SHALL
NOT BE A CUSTODIAL OPTION. IF EITHER PARENT ACCUSES THE OTHER PARENT  OF
DOMESTIC  VIOLENCE,  SEXUAL  ABUSE, ETC., AGAINST HIM OR HERSELF, AND/OR
THE CHILD, THE COURT SHALL SUSPEND ITS DETERMINATION AS  TO  WHETHER  OR
NOT  SHARED  PARENTING  IS IN THE BEST INTERESTS OF THE CHILD, UNTIL THE
ACCUSATION HAS BEEN INVESTIGATED AND A DETERMINATION HAS  BEEN  MADE  BY
LAW  ENFORCEMENT OR APPROPRIATE FEDERAL, STATE OR MUNICIPAL AGENCIES. IF
SUCH AGENCIES DETERMINE THAT THE ABUSE OCCURRED, SHARED PARENTING  SHALL
NOT BE A CUSTODIAL OPTION. IF SUCH AGENCY FINDS THAT ABUSE WAS NOT PRES-
ENT,  THE  COURT  SHALL  RESUME  ITS  DETERMINATION AS TO WHETHER OR NOT
SHARED PARENTING IS IN THE BEST INTERESTS  OF  THE  CHILD.  SHOULD  SUCH
ALLEGATIONS  BE PROVEN FALSE AND THE COURT DETERMINED UPON MOTION BY THE

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ACCUSED PARTY THAT SUCH ALLEGATIONS WERE MADE  MALICIOUSLY  AND  IN  BAD
FAITH, THE COURT SHALL HAVE THE AUTHORITY TO SANCTION THE ACCUSING PARTY
PURSUANT  TO  THE  POWERS  GRANTED  TO THE COURT PURSUANT TO SECTION TWO
HUNDRED FORTY OF THIS ARTICLE.
  2.  FOR  THE  PURPOSES  OF  THIS  ARTICLE  A "PARENTING PLAN" SHALL BE
REQUIRED TO BE SUBMITTED TO THE COURT IF THE COURT AWARDS SHARED PARENT-
ING.
  EACH PARENT MUST AGREE TO A PARENTING  PLAN  DURING  MEDIATION.    THE
PARENTING  PLAN  WOULD  PROVIDE  FOR THE MINOR CHILDREN'S PHYSICAL CARE,
MAINTAIN THE MINOR CHILDREN'S EMOTIONAL STABILITY, AND PROVIDE  FOR  THE
MINOR CHILDREN'S CHANGING NEEDS AS HE OR SHE DEVELOPS, IN A MANNER WHICH
MINIMIZES  THE  NEED  FOR  FUTURE MODIFICATIONS TO THE PLAN. THE PARTIES
WOULD BE ENCOURAGED TO FULFILL THEIR PARENTING RESPONSIBILITIES  THROUGH
AGREEMENTS  IN  THE  PARENTING  PLAN  RATHER THAN BY RELYING ON JUDICIAL
INTERVENTION.
  THE PLAN SHALL DETERMINE PROCEDURES FOR THE DAY TO  DAY  CARE  OF  THE
MINOR  CHILD  AND  PROCEDURES  FOR TRANSPORTING THE MINOR CHILD FROM ONE
PARENT TO THE OTHER PARENT AT THE  START  AND  CONCLUSION  OF  PARENTING
TIME.  THE  PLAN  SHALL  INCLUDE TIME SPENT WITH EACH PARENT ON A WEEKLY
BASIS, SPECIAL OCCASIONS, INCLUDING  BIRTHDAYS,  RELIGIOUS  AND  SECULAR
HOLIDAYS  AND VACATIONS. THE PLAN SHALL ALSO SPECIFY HOW MAJOR DECISIONS
REGARDING THE  MINOR  CHILD'S  HEALTH  CARE,  EDUCATION,  AND  RELIGIOUS
UPBRINGING  WILL  BE  MADE.   THOSE ITEMS THAT REMAIN UNRESOLVED WILL GO
BEFORE THE JUDGE FOR DETERMINATION. THE JUDGE SHALL RELY,  IN  PART,  ON
THE  TESTIMONY  OF  THE  MEDIATION  COUNSELOR  IN ALL UNRESOLVED ISSUES.
OTHER ISSUES, INCLUDING BUT NOT LIMITED TO PROPERTY DIVISION,  FINANCIAL
ISSUES AND CHILD SUPPORT SHALL NOT BE ADDRESSED IN THIS PLAN.
  THE  COURT  SHALL  HAVE  FINAL APPROVAL OVER SUCH PLAN AND MAY MODIFY,
SUSPEND OR NULLIFY THE PLAN AT ITS DISCRETION. THE COURT SHALL HAVE  ONE
YEAR  TO  REVIEW  THE  PARENTING  PLAN TO DETERMINE WHETHER SUCH PLAN IS
BEING FOLLOWED AND CONTINUES TO BE IN THE BEST INTERESTS OF  THE  CHILD.
AT  SUCH  TIME,  THE  COURT SHALL RETAIN THE POWER TO MODIFY, SUSPEND OR
NULLIFY THE PLAN BASED ON ITS FINDINGS.
  S 4. The domestic relations law is amended by  adding  a  new  section
240-e to read as follows:
  S  240-E.  PARTIES  IN  DISAGREEMENT  OVER SHARED PARENTING. 1. IF THE
PARTIES ARE SEEKING A CUSTODY ARRANGEMENT OTHER THAN SHARED PARENTING OR
WHERE ONE PARENT OBJECTS TO AN AWARD OF SHARED PARENTING, THE COURT MUST
DETERMINE WHAT CUSTODY ARRANGEMENT IS  IN  THE  BEST  INTERESTS  OF  THE
CHILD.  IF  ONE PARTY IS SEEKING SHARED PARENTING AND THE OTHER PARTY IS
SEEKING SOLE CUSTODY, BOTH PARTIES SHALL BEAR THE BURDEN OF  PROOF  THAT
THEIR  REQUESTED  ARRANGEMENT  IS  IN  THE  BEST  INTERESTS OF THE CHILD
THROUGH THE INTRODUCTION OF TESTIMONY AND SUPPORTING DOCUMENTS, ETC.  TO
THE COURT.
  2.  THE  COURT  SHALL  DETERMINE  EACH PARTY'S ABILITY TO PAY THE COST
RELATED TO THE EVALUATION.  ANY COST ABOVE AND BEYOND THE PARENTS' ABIL-
ITY TO PAY SHALL BE INCURRED BY THE COUNTY.
  3. THE COURT SHALL APPOINT AN INDEPENDENT EVALUATOR WITH EXPERTISE IN,
BUT NOT LIMITED TO, CHILD PSYCHOLOGY, DOMESTIC VIOLENCE COUNSELING, ETC.
TO INVESTIGATE THE FAMILY DYNAMIC AND INTERVIEW  THE  PARENTS,  CHILDREN
AND  OTHER  INTERESTED  PARTIES,  INCLUDING  BUT  NOT LIMITED TO, FAMILY
MEMBERS, FRIENDS AND CO-WORKERS. THE INDEPENDENT EVALUATOR'S GOAL IS  TO
DETERMINE WHAT CUSTODY ARRANGEMENT IS IN THE BEST INTERESTS OF THE CHILD
AND  TO  ENSURE  THAT  DOMESTIC VIOLENCE AND/OR ANY OTHER TYPE OF ABUSE,
REPORTED OR UNREPORTED BY THE VICTIM OR BY AN APPROPRIATE FEDERAL, STATE
OR MUNICIPAL AGENCY, IS NOT PRESENT IN THE HOUSEHOLD SETTING. THE  COURT

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SHALL  UTILIZE  THE  INDEPENDENT  EVALUATOR'S ANALYSIS AND REPORT, ALONG
WITH OTHER SUPPORTING DOCUMENTS PROVIDED BY THE  PARTIES,  TO  DETERMINE
THE  BEST  INTERESTS  OF  THE  CHILD  AND TO AWARD CUSTODY BASED ON THAT
DETERMINATION. IF ONE PARTY SOUGHT SHARED PARENTING, AND THE COURT FOUND
THAT  SUCH AN AWARD WOULD NOT BE IN THE BEST INTERESTS OF THE CHILD, THE
COURT MUST STATE ITS REASONING BEHIND SUCH DETERMINATION  IN  THE  ORDER
SETTING OUT THE CUSTODY AWARD.
  4.  THE  COURT,  IN ITS DISCRETION, MAY REQUIRE THE PARENT WHO WAS NOT
AWARDED SHARED PARENTING TO FULFILL CERTAIN  CONDITIONS,  INCLUDING  BUT
NOT  LIMITED TO, PARENTING CLASSES, GENERAL COUNSELING, ANGER MANAGEMENT
CLASSES, AND SUBSTANCE ABUSE COUNSELING, AND SHALL LIST SUCH  CONDITIONS
ON THE CUSTODY ORDER.
  5.  UPON  THE NON-CUSTODIAL PARENT'S MOTION, THE COURT SHALL, ONE YEAR
FOLLOWING THE INITIAL AWARD OF CUSTODY, REVISIT ITS FINDINGS AND MAKE  A
SUBSEQUENT  DETERMINATION WHETHER OR NOT SHARED PARENTING IS IN THE BEST
INTERESTS OF THE CHILD. SUCH REVIEW IS CONTINGENT ON  THE  NON-CUSTODIAL
PARENT'S COMPLETION OF THE CONDITIONS SET FORTH IN THE CUSTODY ORDER AND
THE  REQUIREMENT  THAT SUCH PARENT REMAIN CURRENT IN THEIR SUPPORT OBLI-
GATIONS.
  S 5. Subdivision (b) of section 70 of the domestic relations  law,  as
added by chapter 457 of the laws of 1988, is amended to read as follows:
  (b)  Any  order under this section which applies to rights of [visita-
tion] PARENTING TIME 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 the provisions of part eight of article  ten  of
[such]  THE  FAMILY  COURT act, sections three hundred fifty-eight-a and
three hundred eighty-four-a of the social services law and other  appli-
cable  provisions  of law against any person or official having care and
custody, or temporary care and custody, of such child.
  S 6. Section 71 of the domestic relations law, as added by chapter 318
of the laws of 1989, is amended to read as follows:
  S 71. Special proceeding  or  habeas  corpus  to  obtain  [visitation]
PARENTING  TIME  rights  in  respect  to  certain infant siblings. Where
circumstances show that conditions exist which equity would see  fit  to
intervene,  a  brother  or  sister or, if he or she be a minor, a proper
person on his or her behalf of a child, whether by half or whole  blood,
may apply to the supreme court by commencing a special proceeding or for
a writ of habeas corpus to have such child brought before such court, or
may apply to the family court pursuant to subdivision (b) of section six
hundred  fifty-one  of  the family court act; and on the return thereof,
the court, by order, after due notice to the parent or any other  person
or  party  having  the  care,  custody, and control of such child, to be
given in such manner  as  the  court  shall  prescribe,  may  make  such
directions  as  the best interest of the child may require, for [visita-
tion] PARENTING TIME rights for such brother or  sister  in  respect  to
such child.
  S 7. The section heading and subdivision 1 of section 72 of the domes-
tic  relations  law,  as amended by chapter 657 of the laws of 2003, are
amended to read as follows:
  Special proceeding or habeas corpus to obtain  [visitation]  PARENTING
TIME  rights  or  custody in respect to certain infant grandchildren. 1.
Where either or both of the parents of a minor  child,  residing  within
this  state, is or are deceased, or where circumstances show that condi-
tions exist which equity would see fit to intervene,  a  grandparent  or

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the  grandparents  of  such  child  may  apply  to  the supreme court by
commencing a special proceeding or for a writ of habeas corpus  to  have
such  child  brought before such court, or may apply to the family court
pursuant  to  subdivision  (b)  of  section six hundred fifty-one of the
family court act; and on the return thereof, the court, by order,  after
due  notice  to the parent or any other person or party having the care,
custody, and control of such child, to be given in such  manner  as  the
court  shall prescribe, may make such directions as the best interest of
the child may require, for [visitation] PARENTING TIME rights  for  such
grandparent or grandparents in respect to such child.
  S  8.  Subdivision  1 of section 235 of the domestic relations law, as
amended by chapter 122 of the laws  of  1979,  is  amended  to  read  as
follows:
  1.  An officer of the court with whom the proceedings in a matrimonial
action or a written agreement of separation or an action  or  proceeding
for  custody,  [visitation] PARENTING TIME or maintenance of a child are
filed, or before whom the testimony  is  taken,  or  his  clerk,  either
before  or after the termination of the suit, shall not permit a copy of
any of the pleadings, affidavits, findings of fact, conclusions of  law,
judgment  of  dissolution, written agreement of separation or memorandum
thereof, or testimony, or any examination  or  perusal  thereof,  to  be
taken  by any other person than a party, or the attorney or counsel of a
party, except by order of the court.
  S 9. Subdivision (b) of section 237 of the domestic relations law,  as
amended  by  chapter  892  of  the  laws  of 1986, is amended to read as
follows:
  (b) Upon any application to annul or modify an order or  judgment  for
alimony or for custody, [visitation] PARENTING TIME, or maintenance of a
child,  made as in section two hundred thirty-six or section two hundred
forty OF THIS ARTICLE provided, or  upon  any  application  by  writ  of
habeas corpus or by petition and order to show cause concerning custody,
[visitation]  PARENTING  TIME  or  maintenance of a child, the court may
direct a spouse or parent to pay such sum or sums of money for the pros-
ecution or the defense of the application or  proceeding  by  the  other
spouse or parent as, in the court's discretion, justice requires, having
regard  to  the circumstances of the case and of the respective parties.
With respect to any such application or proceeding, such  direction  may
be  made in the order or judgment by which the particular application or
proceeding is finally determined, or by one or more orders from time  to
time before the final order or judgment, or by both such order or orders
and  the  final order or judgment. Any applications for counsel fees and
expenses may be maintained by the attorney for either  spouse  in  coun-
sel's  own  name  in the same proceeding.  Representation by an attorney
[pursuant to paragraph (b) of subdivision nine of  section  one  hundred
eleven-b  of  the  social  services  law] shall not preclude an award of
counsel fees to an applicant which would otherwise be allowed under this
section.
  S 10. Subdivisions 1 and 1-a of section 240 of the domestic  relations
law,  subdivision 1 as amended by chapter 624 of the laws of 2002, para-
graph (a) of subdivision 1 as amended by chapter  538  of  the  laws  of
2008,  paragraph  (a-1)  of subdivision 1 as added by chapter 595 of the
laws of 2008 and subdivision 1-a as amended by chapter 12 of the laws of
1996, are amended to read as follows:
  1. (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

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petition  and  order  to show cause, the custody of or right to [visita-
tion] PARENTING TIME 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.  Where  either  party  to  an action concerning custody of or a
right to [visitation] PARENTING TIME with a child  alleges  in  a  sworn
petition  or  complaint or sworn answer, cross-petition, counterclaim or
other sworn responsive pleading that the other party  has  committed  an
act  of  domestic  violence against the party making the allegation 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 inter-
ests of the child, together with such other facts and  circumstances  as
the court deems relevant in making a direction pursuant to this section.
HOWEVER,  SHOULD  SUCH ALLEGATIONS BE PROVEN FALSE, THE COURT SHALL HAVE
WITHIN ITS POWER THE AUTHORITY  TO  SANCTION  THE  ACCUSING  PARTY.  THE
SUBJECT OF AN UNFOUNDED REPORT OF DOMESTIC ABUSE WHO BELIEVES THE REPORT
WAS  MADE  MALICIOUSLY AND IN BAD FAITH MAY PRESENT A WRITTEN REQUEST TO
THE COURT FOR A DETERMINATION THAT THE REPORTER ACTED MALICIOUSLY OR  IN
BAD FAITH AND MUST BE SANCTIONED. If a parent makes a good faith allega-
tion  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 treatment for the
child,  then  that parent shall not be deprived of custody, [visitation]
PARENTING TIME or contact with the  child,  or  restricted  in  custody,
[visitation]  PARENTING  TIME 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] PARENTING TIME arrangement 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.  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  direc-
tion]  BEFORE  THE COURT MAKES ANY ORDER AWARDING CUSTODY TO A PERSON OR
PERSONS OTHER THAN A PARENT WITHOUT THE CONSENT OF THE PARENTS, IT SHALL
MAKE A FINDING THAT AN AWARD OF CUSTODY TO A PARENT WOULD BE DETRIMENTAL
TO THE CHILD AND THE AWARD TO A NON-PARENT IS REQUIRED TO SERVE THE BEST
INTERESTS OF THE CHILD.  ALLEGATIONS  THAT  PARENTAL  CUSTODY  WOULD  BE
DETRIMENTAL  TO THE CHILD, OTHER THAN A STATEMENT OF THAT ULTIMATE FACT,
SHALL NOT APPEAR IN THE PLEADINGS. THE COURT  MAY,  IN  ITS  DISCRETION,
EXCLUDE THE PUBLIC FROM THE HEARING ON THIS ISSUE. THE COURT SHALL STATE
IN  WRITING THE REASON FOR ITS DECISION AND WHY THE AWARD MADE WAS FOUND
TO BE IN THE BEST INTERESTS OF THE CHILD. ANY DIRECTION MADE PURSUANT TO
THIS SUBDIVISION shall make provision for child support out of the prop-
erty of [either or] both parents. The court shall  make  its  award  for
child support pursuant to subdivision one-b of this section. Such direc-
tion  may  provide  for reasonable [visitation] PARENTING TIME rights to
the maternal and/or paternal grandparents of any child of  the  parties.

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Such  direction  as  it applies to rights of [visitation] PARENTING TIME
with a child remanded or placed in the care of a person, official, agen-
cy 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 custody,  of  the  child.
Notwithstanding  any  other provision of law, any written application or
motion to the court for the establishment, modification  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 enforce-
ment 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.  Addi-
tionally, 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 chil-
dren; 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 insur-
ance 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 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.
  (a-1)(1) Permanent, temporary or successive temporary orders of custo-
dy or [visitation] PARENTING TIME. Prior to the issuance of  any  perma-
nent, temporary or successive temporary order of custody or [visitation]
PARENTING  TIME  where more than one month has passed since the issuance
of the previous temporary order, the court shall conduct a review of the
following:

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  (i) related decisions in court proceedings initiated pursuant to arti-
cle ten of the family court act; and
  (ii)  reports  of  the  statewide  computerized  registry of orders of
protection and warrants of arrest established and maintained pursuant to
section two hundred twenty-one-a of the executive law,  and  reports  of
the sex offender registry established and maintained pursuant to section
one hundred sixty-eight-b of the correction law.
  (2)  Notifying counsel and issuing orders. Upon consideration of deci-
sions pursuant to article ten of the  family  court  act,  and  registry
reports  and  notifying  counsel  involved  in the proceeding, or in the
event of a party appearing pro se, notifying such party of  the  results
thereof, including any court appointed law guardian, the court may issue
a  temporary, successive temporary or final order of custody or [visita-
tion] PARENTING TIME.
  (3) Temporary emergency order. Notwithstanding any other provision  of
the  law,  upon  emergency situations, to serve the best interest of the
child, the court may issue a temporary emergency order  for  custody  or
[visitation]  PARENTING  TIME  in  the  event that it is not possible to
timely review decisions and reports on registries as  required  pursuant
to items (i) and (ii) of subparagraph one of this paragraph.
  (4)  After issuing a temporary emergency order. After issuing a tempo-
rary emergency order of custody  or  [visitation]  PARENTING  TIME,  the
court  shall  conduct reviews of the decisions and reports on registries
as required pursuant to items (i) and (ii) of subparagraph one  of  this
paragraph  within  twenty-four  hours  of the issuance of such temporary
emergency order.  Upon reviewing decisions and reports the  court  shall
notify associated counsel pursuant to subparagraph two of this paragraph
and  may  issue temporary or permanent custody or [visitation] PARENTING
TIME orders.
  (5) Feasibility study. The commissioner of the office of children  and
family services, in conjunction with the office of court administration,
is  hereby  authorized and directed to examine, study, evaluate and make
recommendations concerning the feasibility of the utilization of comput-
ers in courts which are connected to the statewide central  register  of
child  abuse  and  maltreatment  established  and maintained pursuant to
section four hundred twenty-two of the social services law, as  a  means
of providing courts with information regarding parties requesting orders
of  custody or [visitation] PARENTING TIME. Such commissioner shall make
a preliminary report to the governor and the  legislature  of  findings,
conclusions  and recommendations not later than January first, two thou-
sand nine, and a final report of findings, conclusions  and  recommenda-
tions  not  later  than  June first, two thousand nine, and shall submit
with the reports such legislative proposals as are deemed  necessary  to
implement the commissioner's recommendations.
  (b)  As  used  in  this  section,  the  following terms shall have the
following meanings:
  (1) "Health insurance benefits" means any medical, dental, optical and
prescription drugs and health care services or other health  care  bene-
fits  that may be provided for a dependent through an employer or organ-
ization, including  such  employers  or  organizations  which  are  self
insured,  or  through  other  available  health insurance or health care
coverage plans.
  (2) "Available health insurance benefits" means any  health  insurance
benefits  that are reasonable in cost and that are reasonably accessible
to the person on whose behalf the petition is brought. Health  insurance

A. 4559                             9

benefits  that  are  not  reasonable  in  cost or whose services are not
reasonably accessible to such person, shall be considered unavailable.
  (c)  When  the  person  on  whose  behalf the petition is brought is a
child, the court shall consider the  availability  of  health  insurance
benefits  to  all  parties and shall take the following action to ensure
that health insurance benefits are  provided  for  the  benefit  of  the
child:
  (1) Where the child is presently covered by health insurance benefits,
the  court  shall  direct  in the order of support that such coverage be
maintained, unless either parent requests the court to make a  direction
for health insurance benefits coverage pursuant to paragraph two of this
subdivision.
  (2) Where the child is not presently covered by health insurance bene-
fits, the court shall make a determination as follows:
  (i)  If  only  one parent has available health insurance benefits, the
court shall direct in the order of  support  that  such  parent  provide
health insurance benefits.
  (ii)  If  both  parents  have  available health insurance benefits the
court shall direct in the order of support that either  parent  or  both
parents  provide such health insurance. The court shall make such deter-
mination based on the circumstances of  the  case,  including,  but  not
limited  to,  the  cost  and  comprehensiveness of the respective health
insurance benefits and the best interests of the child.
  (iii) If neither parent has available health insurance  benefits,  the
court  shall  direct  in  the order of support that the custodial parent
apply for the state's child health  insurance  plan  pursuant  to  title
one-A  of  article  twenty-five of the public health law and the medical
assistance program established pursuant to title eleven of article  five
of  the  social  services  law. If eligible for such coverage, the court
shall prorate the cost of any premium or family contribution in  accord-
ance  with  paragraph  (d) of this subdivision. A direction issued under
this subdivision shall not limit or alter either parent's obligation  to
obtain  health insurance benefits at such time as they become available,
as required pursuant to paragraph (a) of this subdivision.
  (d) The cost of providing health insurance benefits pursuant to  para-
graph  (c)  of this subdivision shall be prorated between the parties in
the same proportion as each parent's income is to the combined  parental
income. If the custodial parent is ordered to provide such benefits, the
non-custodial  parent's  pro  rata share of such costs shall be added to
the basic support obligation. If the non-custodial parent is ordered  to
provide  such  benefits,  the  custodial parent's pro rata share of such
costs shall be deducted from the basic  support  obligation.  Where  the
court  finds  that  such proration is unjust or inappropriate, the court
shall:
  (1) order the parties to pay such amount of the cost of health  insur-
ance benefits as the court finds just and appropriate;
  (2) add or subtract such amount in the manner set forth in this subdi-
vision; and
  (3)  set  forth  in the order the factors it considered, the amount of
each party's share of the cost and the reason or reasons the  court  did
not order such pro rata apportionment.
  (e)  The  court shall provide in the order of support that the legally
responsible relative immediately notify the other party,  or  the  other
party and the support collection unit when the order is issued on behalf
of  a  child  in  receipt of public assistance and care or in receipt of
services pursuant to section one hundred eleven-g of the social services

A. 4559                            10

law, of any change in health insurance benefits,  including  any  termi-
nation  of  benefits,  change  in  the health insurance benefit carrier,
premium, or extent and availability of existing or new benefits.
  (f)  Where  the  court  determines  that health insurance benefits are
available, the court shall provide in the  order  of  support  that  the
legally  responsible relative immediately enroll the eligible dependents
named in the order who are otherwise eligible for such benefits  without
regard to any seasonal enrollment restrictions. Such order shall further
direct  the  legally  responsible  relative to maintain such benefits as
long as they remain available to such relative. Such order shall further
direct  the  legally  responsible  relative  to  assign  all   insurance
reimbursement  payments for health care expenses incurred for his or her
eligible dependents to the provider of such services or the party  actu-
ally having incurred and satisfied such expenses, as appropriate.
  (g)  When the court issues an order of child support or combined child
and spousal support on behalf of persons in receipt of public assistance
and care or in receipt of  services  pursuant  to  section  one  hundred
eleven-g  of  the  social  services law, such order shall further direct
that the provision of health care benefits shall be immediately enforced
pursuant to section fifty-two hundred forty-one of  the  civil  practice
law and rules.
  (h)  When the court issues an order of child support or combined child
and spousal support on behalf of persons other than those in receipt  of
public assistance and care or in receipt of services pursuant to section
one  hundred  eleven-g  of the social services law, the court shall also
issue a separate order which shall include the  necessary  direction  to
ensure the order's characterization as a qualified medical child support
order  as defined by section six hundred nine of the employee retirement
income security act of 1974 (29 USC 1169). Such order shall: (i) clearly
state that it creates or recognizes the existence of the  right  of  the
named  dependent  to  be  enrolled and to receive benefits for which the
legally responsible relative  is  eligible  under  the  available  group
health plans, and shall clearly specify the name, social security number
and  mailing  address  of  the legally responsible relative, and of each
dependent to be covered by the order; (ii) provide a  clear  description
of  the type of coverage to be provided by the group health plan to each
such dependent or the manner in which the type  of  coverage  is  to  be
determined;  and  (iii)  specify  the  period of time to which the order
applies. The court shall not require the group health  plan  to  provide
any  type  or form of benefit or option not otherwise provided under the
group health plan except to the extent necessary to  meet  the  require-
ments  of  a  law relating to medical child support described in section
one thousand three hundred [and  ninety-six  g]  NINETY-SIX-G  of  title
forty-two of the United States code.
  (i) Upon a finding that a legally responsible relative wilfully failed
to  obtain health insurance benefits in violation of a court order, such
relative will be presumptively  liable  for  all  health  care  expenses
incurred  on  behalf  of such dependents from the first date such depen-
dents were eligible to be enrolled to receive health insurance  benefits
after  the issuance of the order of support directing the acquisition of
such coverage.
  (j) The order shall be effective as of the  date  of  the  application
therefor,  and  any  retroactive  amount  of  child support due shall be
support arrears/past due support and shall, except as provided for here-
in, be paid in one lump sum or periodic sums, as the court shall direct,
taking into account any amount of temporary support which has been paid.

A. 4559                            11

In addition, such retroactive child support shall be enforceable in  any
manner  provided  by law including, but not limited to, an execution for
support enforcement pursuant to subdivision  (b)  of  section  fifty-two
hundred  forty-one  of  the  civil practice law and rules.  When a child
receiving support is a public assistance  recipient,  or  the  order  of
support  is  being enforced or is to be enforced pursuant to section one
hundred eleven-g of the social services law, the court  shall  establish
the amount of retroactive child support and notify the parties that such
amount  shall  be enforced by the support collection unit pursuant to an
execution for support enforcement as provided for in subdivision (b)  of
section fifty-two hundred forty-one of the civil practice law and rules,
or  in  such periodic payments as would have been authorized had such an
execution been issued. In such case, the courts  shall  not  direct  the
schedule  of  repayment  of retroactive support. Where such direction is
for child support and paternity has  been  established  by  a  voluntary
acknowledgement  of  paternity  as  defined in section forty-one hundred
thirty-five-b of the public health law, the court shall inquire  of  the
parties  whether  the  acknowledgement  has  been duly filed, and unless
satisfied that it has been so filed shall require the clerk of the court
to file such acknowledgement with the appropriate registrar within  five
business  days. Such direction may be made in the final judgment in such
action or proceeding, or by one or more orders from time to time  before
or subsequent to final judgment, or by both such order or orders and the
final  judgment.  Such  direction  may  be made notwithstanding that the
court for any  reason  whatsoever,  other  than  lack  of  jurisdiction,
refuses  to  grant the relief requested in the action or proceeding. Any
order or judgment made as in this section provided may  combine  in  one
lump  sum  any amount payable to the custodial parent under this section
with any amount payable to such parent under section two  hundred  thir-
ty-six of this article. Upon the application of either parent, or of any
other person or party having the care, custody and control of such child
pursuant  to  such  judgment  or  order,  after such notice to the other
party, parties or persons having such  care,  custody  and  control  and
given  in  such manner as the court shall direct, the court may annul or
modify any such direction, whether made by order or final  judgment,  or
in  case  no  such  direction shall have been made in the final judgment
may, with respect to any judgment of annulment or declaring the  nullity
of  a  void  marriage  rendered  on  or  after September first, nineteen
hundred forty,  or  any  judgment  of  separation  or  divorce  whenever
rendered,  amend  the  judgment by inserting such direction.  Subject to
the provisions of section two hundred forty-four  of  this  article,  no
such  modification  or  annulment  shall reduce or annul arrears accrued
prior to the making of such  application  unless  the  defaulting  party
shows  good  cause  for  failure to make application for relief from the
judgment or order directing such payment prior to the  accrual  of  such
arrears. Such modification may increase such child support nunc pro tunc
as  of  the date of application based on newly discovered evidence.  Any
retroactive amount of child support due shall  be  support  arrears/past
due  support  and shall be paid in one lump sum or periodic sums, as the
court shall direct, taking into account any amount  of  temporary  child
support which has been paid. In addition, such retroactive child support
shall  be  enforceable  in any manner provided by law including, but not
limited to, an execution for support enforcement pursuant to subdivision
(b) of section fifty-two hundred forty-one of the civil practice law and
rules.

A. 4559                            12

  1-a. In any proceeding brought pursuant to this section  to  determine
the  custody  or [visitation] PARENTING TIME of minors, a report made to
the statewide central register of child abuse and maltreatment, pursuant
to title six of article six of the social services  law,  or  a  portion
thereof,  which is otherwise admissible as a business record pursuant to
rule forty-five hundred eighteen of the civil  practice  law  and  rules
shall  not  be admissible in evidence, notwithstanding such rule, unless
an investigation of such report conducted pursuant to title six of arti-
cle six of the social services law has determined  that  there  is  some
credible  evidence  of  the  alleged  abuse or maltreatment and that the
subject of the report has been notified that the  report  is  indicated.
In  addition, if such report has been reviewed by the state commissioner
of [social services] THE OFFICE OF CHILDREN AND FAMILY SERVICES  or  his
OR HER designee and has been determined to be unfounded, it shall not be
admissible in evidence. If such report has been so reviewed and has been
amended  to  delete  any finding, each such deleted finding shall not be
admissible. If the state commissioner of [social services] THE OFFICE OF
CHILDREN AND FAMILY SERVICES or his OR  HER  designee  has  amended  the
report  to add any new finding, each such new finding, together with any
portion of the original report not deleted by the commissioner or his OR
HER designee, shall be admissible if it meets the other requirements  of
this  subdivision  and  is otherwise admissible as a business record. If
such a report, or portion thereof, is  admissible  in  evidence  but  is
uncorroborated,  it  shall  not  be sufficient to make a fact finding of
abuse or maltreatment in such proceeding. Any other evidence tending  to
support  the  reliability  of  such  report  shall be sufficient corrob-
oration.
  S 11. Paragraph c of subdivision 3 of  section  240  of  the  domestic
relations law, as amended by chapter 597 of the laws of 1998, is amended
to read as follows:
  c.  An order of protection entered pursuant to this subdivision may be
made in the final judgment in any matrimonial action or in a  proceeding
to obtain custody of or [visitation] PARENTING TIME with any child under
this  section,  or  by  one  or  more orders from time to time before or
subsequent to final judgment, or by both such order or  orders  and  the
final judgment. The order of protection may remain in effect after entry
of  a  final  matrimonial  judgment and during the minority of any child
whose custody or  [visitation]  PARENTING  TIME  is  the  subject  of  a
provision  of  a final judgment or any order. An order of protection may
be entered notwithstanding that the court  for  any  reason  whatsoever,
other  than  lack of jurisdiction, refuses to grant the relief requested
in the action or proceeding.
  S 12. Section 241 of the domestic relations law, as amended by chapter
892 of the laws of 1986, is amended to read as follows:
  S 241. Interference with or withholding of [visitation] PARENTING TIME
rights; alimony or maintenance suspension. When it appears to the satis-
faction of the court that a custodial parent receiving alimony or  main-
tenance pursuant to an order, judgment or decree of a court of competent
jurisdiction  has  wrongfully  interfered  with or withheld [visitation]
PARENTING TIME rights provided by such order, judgment  or  decree,  the
court,  in  its  discretion, [may] SHALL suspend such payments or cancel
any arrears that may have accrued  during  the  time  that  [visitation]
PARENTING  TIME  rights  have been or are being interfered with or with-
held. Nothing in this section shall constitute a defense in any court to
an application to enforce payment of child support or  grounds  for  the
cancellation of arrears for child support.

A. 4559                            13

  S  13.  Section 251 of the domestic relations law, as added by chapter
164 of the laws of 1973, is amended to read as follows:
  S 251. Filing of order in family court. When, in a matrimonial action,
the  supreme court refers the issues of support, custody or [visitation]
PARENTING TIME to the family court, the order or judgment shall  provide
that  a  copy thereof shall be filed by the plaintiff's attorney, within
ten days, with the clerk of the family court therein specified.
  S 14. Paragraph (b) of subdivision 1 of section 252  of  the  domestic
relations  law,  as added by chapter 349 of the laws of 1995, is amended
to read as follows:
  (b) to permit a parent, or a person entitled to [visitation] PARENTING
TIME by a court order or a separation agreement, to visit the  child  at
stated periods;
  S  15.  Subdivision 3 of section 252 of the domestic relations law, as
added by chapter 349 of the laws of 1995, is amended to read as follows:
  3. An order of protection entered pursuant to this subdivision may  be
made  in the final judgment in any matrimonial action, or by one or more
orders from time to time before or subsequent to final judgment,  or  by
both  such  order  or  orders  and  the  final  judgment.  The  order of
protection may remain in effect after entry of a final matrimonial judg-
ment and during the minority of any child whose custody or  [visitation]
PARENTING  TIME is the subject of a provision of a final judgment or any
order. An order of protection may be entered  notwithstanding  that  the
court  for  any  reason  whatsoever,  other  than  lack of jurisdiction,
refuses to grant the relief requested in the action or proceeding.
  S 16. Subdivision 10 of section 358-a of the social services  law,  as
added by chapter 457 of the laws of 1988, is amended to read as follows:
  (10)  [Visitation]  PARENTING  TIME  rights; non-custodial parents and
grandparents. (a) Where a social services official  incorporates  in  an
instrument  [visitation]  PARENTING  TIME  rights set forth in an order,
judgment or agreement as described in paragraph (d) of  subdivision  two
of  section  three  hundred eighty-four-a of this chapter, such official
shall make inquiry of the state central  register  of  child  abuse  and
maltreatment to determine whether or not the person having such [visita-
tion]  PARENTING  TIME rights is a subject or another person named in an
indicated report of child abuse  or  maltreatment,  as  such  terms  are
defined  in  section  four  hundred  twelve  of  this chapter, and shall
further ascertain, to the extent practicable, whether or not such person
is a respondent in a proceeding under article ten of  the  family  court
act  whereby  the  respondent  has  been  alleged or adjudicated to have
abused or neglected such child.
  (b) Where a social services official or the law guardian of the child,
if any, opposes incorporation of an order, judgment or agreement confer-
ring [visitation] PARENTING TIME rights as provided for in paragraph (e)
of subdivision two of section three hundred eighty-four-a of this  chap-
ter,  the  social  services  official or law guardian shall apply for an
order determining that the provisions of such order, judgment or  agree-
ment should not be incorporated into the instrument executed pursuant to
such  section.  Such  order  shall  be  granted upon a finding, based on
competent, relevant and material evidence,  that  the  child's  life  or
health  would be endangered by incorporation and enforcement of [visita-
tion] PARENTING TIME rights as described  in  such  order,  judgment  or
agreement. Otherwise,  the court shall deny such application.
  (c)  Where  [visitation]  PARENTING  TIME rights pursuant to an order,
judgment or agreement are incorporated in an instrument, the parties may
agree to an alternative schedule of [visitation] PARENTING  TIME  equiv-

A. 4559                            14

alent  to  and  consistent  with  the  original or modified [visitation]
PARENTING TIME order, judgment,  or  agreement  where  such  alternative
schedule reflects changed circumstances of the parties and is consistent
with  the best interests of the child.  In the absence of such an agree-
ment between the parties, the court may, in its discretion, upon  appli-
cation  of  any party or the child's law guardian,  order an alternative
schedule of [visitation] PARENTING TIME, as described herein,  where  it
determines  that  such  schedule is necessary to facilitate [visitation]
PARENTING TIME and to protect the best interests of the child.
  (d) The  order  providing  an  alternative  schedule  of  [visitation]
PARENTING TIME shall remain in effect for the length of the placement of
the child as provided for in such instrument unless such order is subse-
quently  modified  by the court for good cause shown. Whenever the court
makes an order denying or modifying [visitation] PARENTING  TIME  rights
pursuant  to this subdivision, the instrument described in section three
hundred eighty-four-a of this chapter shall be deemed amended according-
ly.
  S 17. Paragraphs (b), (d) and (f) of subdivision 2 of section 384-a of
the social services law, paragraph (b) as added by chapter  669  of  the
laws of 1976, paragraphs (d) and (f) as added by chapter 457 of the laws
of 1988, are amended to read as follows:
  (b) No provisions set forth in any such instrument regarding the right
of  the  parent  or  guardian  to  visit  the  child or to have services
provided to the child and to the parent or guardian  to  strengthen  the
parental  relationship  may  be  terminated or limited by the authorized
agency having the care and custody of the child unless: (i) the  instru-
ment shall have been amended to so limit or terminate such right, pursu-
ant  to subdivision three of this section; or (ii) the right of [visita-
tion] PARENTING TIME or  to  such  services  would  be  contrary  to  or
inconsistent  with a court order obtained in any proceeding in which the
parent or guardian was a party.
  (d) In any case where a parent who has transferred care and custody of
a child to a social services official pursuant to this  section  informs
the social services official that an order or judgment conferring [visi-
tation]  PARENTING TIME rights relating to the child has been entered by
the family court or  supreme  court  or  that  a  written  agreement  as
described  in  section  two hundred thirty-six of the domestic relations
law between the parents confers such  rights,  any  instrument  executed
pursuant to this section shall incorporate the provisions of such order,
judgment  or  agreement  to  the extent that [visitation] PARENTING TIME
rights are affected and shall provide for [visitation] PARENTING TIME or
other rights as required by such  order,  judgment  or  agreement.  Such
incorporation  shall  not preclude a social services official from exer-
cising his authority pursuant to paragraph (e) or (f) of  this  subdivi-
sion.
  (f)  Nothing  in  this  section  shall  be deemed to prohibit a social
services official or a law guardian of the child, if any, from making an
application to modify the terms of a [visitation] PARENTING TIME  order,
incorporated pursuant to this section, for good cause shown, upon notice
to  all  interested  parties,  or  to limit the right of a non-custodial
parent or grandparent to seek [visitation] PARENTING  TIME  pursuant  to
applicable provisions of law.
  S  18.  Subparagraph (iv) of paragraph (c) of subdivision 2 of section
384-a of the social services law, as amended by chapter 256 of the  laws
of 1990, is amended to read as follows:

A. 4559                            15

  (iv)  that  the parent or guardian has a right to supportive services,
which shall include preventive and other supportive services  authorized
to  be  provided  pursuant to the state's consolidated services plan, to
visit the child, and to determine jointly with the agency the terms  and
frequency of [visitation] PARENTING TIME;
  S  19.  Subparagraph  5  of  paragraph (f) of subdivision 7 of section
384-b of the social services law, as added by chapter 911 of the laws of
1983, is amended to read as follows:
  (5) making suitable arrangements  with  a  correctional  facility  and
other  appropriate persons for an incarcerated parent to visit the child
within the correctional facility, if such visiting is in the best inter-
ests of the child. When no [visitation] PARENTING TIME between child and
incarcerated parent has been arranged for or permitted by the authorized
agency because such [visitation] PARENTING TIME is determined not to  be
in  the best interest of the child, then no permanent neglect proceeding
under this subdivision shall be initiated on the basis of  the  lack  of
such  [visitation] PARENTING TIME.  Such arrangements shall include, but
shall not be limited to, the transportation of the child to the  correc-
tional  facility,  and  providing or suggesting social or rehabilitative
services to resolve or correct the  problems  other  than  incarceration
itself  which  impair  the  incarcerated  parent's  ability  to maintain
contact with the child. When the parent is incarcerated in a correction-
al facility located outside the state, the provisions of  this  subpara-
graph  shall be construed to require that an authorized agency make such
arrangements with the correctional facility only if reasonably  feasible
and  permissible  in accordance with the laws and regulations applicable
to such facility.
  S 20. Paragraph (o) of subdivision 6 of  section  398  of  the  social
services law, as added by chapter 457 of the laws of 1988, is amended to
read as follows:
  (o)  Compliance  with  a  court order enforcing [visitation] PARENTING
TIME rights of a non-custodial parent or grandparent  pursuant  to  part
eight of article ten of the family court act, subdivision ten of section
three  hundred  fifty-eight-a  or  paragraph  (d)  of subdivision two of
section three hundred eighty-four-a of this chapter, and  responsibility
for  the  return  of  such  child  after  [visitation] PARENTING TIME so
ordered.
  S 21. Subdivision 1 of section 398-d of the social  services  law,  as
added by chapter 83 of the laws of 1995, is amended to read as follows:
  1.  The  legislature  finds  that  the  centralized  delivery of child
protective services, preventive services, adoption services  and  foster
care  services in a social [service] SERVICES district with a population
of more than two million  hinders  their  effective  delivery  and  adds
unnecessary costs.  Numerous studies have recommended that such services
serve  small  areas,  be  located in such areas, and be integrated. Such
relocation will:  give caseworkers greater knowledge of  their  assigned
community,  the  residents  of  that  community  and the availability of
community-based services;  increase  the  availability  of  caseworkers;
reduce  travel  time  for caseworkers; enable children in foster care to
remain in their own communities and schools and maintain  their  friend-
ships;  enable  children  in  foster  care  to have greater [visitation]
PARENTING TIME with their parents; provide for more  effective  delivery
of  preventive services; and expedite adoptions and otherwise reduce the
amount of time children spend in foster care.
  The relocation of child welfare  service  delivery  to  the  community
sites will strengthen efforts to provide a wide range of community-based

A. 4559                            16

early  intervention programs including, but not limited to, school-based
health clinics and community schools,  thereby  ensuring  the  continued
development of a critical mass of community services.
  S  22. Subparagraph 9 of paragraph (f) of subdivision 1 of section 413
of the family court act, as added by chapter 567 of the laws of 1989, is
amended to read as follows:
  (9) Provided that the child is not on public assistance  (i)  extraor-
dinary  expenses  incurred  by  the  non-custodial  parent in exercising
[visitation] PARENTING TIME, or (ii) expenses incurred by the non-custo-
dial parent in extended [visitation] PARENTING TIME  provided  that  the
custodial parent's expenses are substantially reduced as a result there-
of; and
  S 23. Subdivisions (a) and (c) of section 439 of the family court act,
as  amended by section 1 of chapter 576 of the laws of 2005, are amended
to read as follows:
  (a) The chief administrator of the courts shall provide, in accordance
with subdivision (f) of this section, for the appointment  of  a  suffi-
cient  number  of  support  magistrates  to  hear  and determine support
proceedings. Except as hereinafter provided, support  magistrates  shall
be  empowered  to hear, determine and grant any relief within the powers
of the court in  any  proceeding  under  this  article,  articles  five,
five-A,  and five-B and sections two hundred thirty-four and two hundred
thirty-five of this act, and objections raised pursuant to section  five
thousand  two  hundred  forty-one  of  the civil practice law and rules.
Support magistrates shall not be empowered to hear, determine and  grant
any  relief  with  respect  to  issues  specified in subdivision five of
section four hundred fifty-four or section four  hundred  fifty-five  of
this  [act]  ARTICLE,  issues of contested paternity involving claims of
equitable  estoppel,  custody,  [visitation]  PARENTING  TIME  including
[visitation]  PARENTING  TIME  as a defense, and orders of protection or
exclusive possession of the home, which shall be referred to a judge  as
provided  in  subdivision  (b) or (c) of this section. Where an order of
filiation is issued by a judge  in  a  paternity  proceeding  and  child
support is in issue, the judge, or support magistrate upon referral from
the  judge, shall be authorized to immediately make a temporary or final
order of support, as applicable. A support  magistrate  shall  have  the
authority  to  hear and decide motions and issue summonses and subpoenas
to produce persons pursuant to section one hundred fifty-three  of  this
act,  hear  and  decide  proceedings  and  issue any order authorized by
subdivision (g) of section five thousand two hundred  forty-one  of  the
civil  practice  law  and  rules,  issue  subpoenas to produce prisoners
pursuant to section two thousand three hundred two of the civil practice
law and rules and make  a  determination  that  any  person  before  the
support  magistrate  is in violation of an order of the court as author-
ized by section one hundred fifty-six of this act subject  to  confirma-
tion  by  a  judge of the court who shall impose any punishment for such
violation as provided by law. A determination by  a  support  magistrate
that  a  person  is  in  willful violation of an order under subdivision
three of section four hundred fifty-four of this article and that recom-
mends commitment shall be transmitted to  the  parties,  accompanied  by
findings  of  fact, but the determination shall have no force and effect
until confirmed by a judge of the court.
  (c) The support magistrate, in any proceeding in which  issues  speci-
fied in section four hundred fifty-five of this [act] ARTICLE, or issues
of  custody, [visitation] PARENTING TIME, including [visitation] PARENT-
ING TIME as a defense, orders of protection or exclusive  possession  of

A. 4559                            17

the  home  are present or in which paternity is contested on the grounds
of equitable estoppel, shall make a temporary order of support and refer
the proceeding to a judge. Upon determination of such issue by a  judge,
the  judge  may  make  a final determination of the issue of support, or
immediately refer the proceeding to a  support  magistrate  for  further
proceedings regarding child support or other matters within the authori-
ty of the support magistrate.
  S  24.  Subdivision  (a)  of  section  439 of the family court act, as
amended by section 2 of chapter 576 of the laws of 2005, is  amended  to
read as follows:
  (a) The chief administrator of the courts shall provide, in accordance
with  subdivision  (f)  of this section, for the appointment of a suffi-
cient number of  support  magistrates  to  hear  and  determine  support
proceedings.  Except  as hereinafter provided, support magistrates shall
be empowered to hear, determine and grant any relief within  the  powers
of  the  court  in  any  proceeding  under  this article, articles five,
five-A, and five-B and sections two hundred thirty-four and two  hundred
thirty-five  of this act, and objections raised pursuant to section five
thousand two hundred forty-one of the  civil  practice  law  and  rules.
Support  magistrates shall not be empowered to hear, determine and grant
any relief with respect to issues  specified  in  section  four  hundred
fifty-five  of this [act] ARTICLE, issues of contested paternity involv-
ing claims of equitable estoppel, custody, [visitation]  PARENTING  TIME
including  [visitation]  PARENTING  TIME  as  a  defense,  and orders of
protection or exclusive possession of the home, which shall be  referred
to  a judge as provided in subdivision (b) or (c) of this section. Where
an order of filiation is issued by a judge in a paternity proceeding and
child support is in issue, the judge, or support magistrate upon  refer-
ral  from the judge, shall be authorized to immediately make a temporary
or final order of support, as applicable.  A  support  magistrate  shall
have  the  authority  to hear and decide motions and issue summonses and
subpoenas to produce persons pursuant to section one hundred fifty-three
of this act, hear and decide proceedings and issue any order  authorized
by subdivision (g) of section five thousand two hundred forty-one of the
civil  practice  law  and  rules,  issue  subpoenas to produce prisoners
pursuant to section two thousand three hundred two of the civil practice
law and rules and make  a  determination  that  any  person  before  the
support  magistrate  is in violation of an order of the court as author-
ized by section one hundred fifty-six of this act subject  to  confirma-
tion  by  a  judge of the court who shall impose any punishment for such
violation as provided by law. A determination by  a  support  magistrate
that  a  person  is  in  willful violation of an order under subdivision
three of section four hundred fifty-four of this article and that recom-
mends commitment shall be transmitted to  the  parties,  accompanied  by
findings  of  fact, but the determination shall have no force and effect
until confirmed by a judge of the court.
  S 25. Subdivision (b) of section 446  of  the  family  court  act,  as
amended  by  chapter  483  of  the  laws  of 1995, is amended to read as
follows:
  (b) to permit a parent, or a person entitled to [visitation] PARENTING
TIME by a court order or a separation agreement, to visit the  child  at
stated periods;
  S  26. Section 447 of the family court act, subdivision (a) as amended
by chapter 85 of the laws of 1996, is amended to read as follows:
  S 447. Order of [visitation] PARENTING TIME.  (a) In the absence of an
order of custody or  of  [visitation]  PARENTING  TIME  entered  by  the

A. 4559                            18

supreme court, the court may make an order of custody or of [visitation]
PARENTING  TIME,  in  accordance  with  subdivision  one  of section two
hundred forty of the domestic relations law,  requiring  one  parent  to
permit  the  other  to  visit  the children at stated periods without an
order of protection, even where the parents are divorced and the support
order is for a child only.
  (b) Any order of the family court under this section  shall  terminate
when  the  supreme  court  makes  an order of custody or of [visitation]
PARENTING TIME concerning the children, unless the supreme court contin-
ues the order of the family court.
  S 27. Subdivision (a) of section 456  of  the  family  court  act,  as
amended  by  chapter  809  of  the  laws  of 1963, is amended to read as
follows:
  (a) No person may be placed on probation under this article unless the
court makes an order to that effect, either at the time of the making of
an order of support or under section four  hundred  fifty-four  OF  THIS
PART.  The  period  of  probation  may  continue  so long as an order of
support, order of protection or order  of  [visitation]  PARENTING  TIME
applies to such person.
  S 28. Subdivisions (a) and (b) of section 467 of the family court act,
subdivision (a) as amended and subdivision (b) as added by chapter 40 of
the laws of 1981, are amended to read as follows:
  (a)  In  an  action  for divorce, separation or annulment, the supreme
court may refer to the family court the determination of applications to
fix temporary or  permanent  custody  or  [visitation]  PARENTING  TIME,
applications  to enforce judgments and orders of custody or [visitation]
PARENTING TIME, and applications  to  modify  judgments  and  orders  of
custody  which  modification  may  be granted only upon a showing to the
family court that there has been a subsequent change  of  circumstances,
SUCH AS LOSS OF EMPLOYMENT OR CHANGE IN INCOME, and that modification is
required.
  (b) In the event no such referral has been made and unless the supreme
court provides in the order or judgment awarding custody or [visitation]
PARENTING  TIME  in an action for divorce, separation or annulment, that
it may be enforced or modified only in the  supreme  court,  the  family
court may: (i) determine an application to enforce the order or judgment
awarding  custody  or  [visitation] PARENTING TIME, or (ii) determine an
application to modify the order or judgment awarding custody or [visita-
tion] PARENTING TIME upon a showing that there  has  been  a  subsequent
change of circumstances and modification is required.
  S  29.  Section 511 of the family court act, as amended by chapter 533
of the laws of 1999, is amended to read as follows:
  S 511. Jurisdiction. Except as otherwise provided,  the  family  court
has exclusive original jurisdiction in proceedings to establish paterni-
ty  and, in any such proceedings in which it makes a finding of paterni-
ty, to order support and to make orders of custody  or  of  [visitation]
PARENTING  TIME,  as  set  forth in this article. On its own motion, the
court may at any time in the proceedings also direct  the  filing  of  a
neglect  petition  in  accord with the provisions of article ten of this
act. In accordance with the provisions of section one  hundred  eleven-b
of the domestic relations law, the surrogate's court has original juris-
diction  concurrent with the family court to determine the issues relat-
ing to the establishment of paternity.
  S 30. Section 549 of the family court act, as added by chapter 952  of
the  laws  of 1971, subdivision (a) as amended by chapter 85 of the laws
of 1996, is amended to read as follows:

A. 4559                            19

  S 549. Order of [visitation] PARENTING TIME.  (a) If an order of fili-
ation is made or if a paternity agreement or compromise is  approved  by
the  court,  in  the  absence  of an order of custody or of [visitation]
PARENTING TIME entered by the supreme court the family court may make an
order  of  custody or of [visitation] PARENTING TIME, in accordance with
subdivision one of section two hundred forty of the  domestic  relations
law,  requiring  one  parent  to  permit the other to visit the child or
children at stated periods.
  (b) Any order of the family court under this section  shall  terminate
when  the  supreme  court  makes  an order of custody or of [visitation]
PARENTING TIME concerning the child  or  children,  unless  the  supreme
court continues the order of the family court.
  S  31.  Subdivision  (b)  of  section  551 of the family court act, as
amended by chapter 483 of the laws  of  1995,  is  amended  to  read  as
follows:
  (b) to permit a parent, or a person entitled to [visitation] PARENTING
TIME  by  a  court order or a separation agreement to visit the child at
stated periods;
  S 32. Section 651 of the family court act, as amended by chapter 85 of
the laws of 1996, subdivisions (b) and (d) as amended by chapter 657  of
the  laws  of  2003,  and subdivision (e) as added by chapter 595 of the
laws of 2008, is amended to read as follows:
  S 651. Jurisdiction over habeas corpus proceedings and  petitions  for
custody  and  [visitation]  PARENTING  TIME of minors. (a) When referred
from the supreme court or county court to the family court,  the  family
court  has jurisdiction to determine, in accordance with subdivision one
of section two hundred forty of the domestic relations law and with  the
same  powers  possessed  by  the  supreme  court  in addition to its own
powers, habeas corpus proceedings and proceedings  brought  by  petition
and  order to show cause, for the determination of the custody or [visi-
tation] PARENTING TIME of minors.
  (b) When initiated in the family court, the family court has jurisdic-
tion to determine, in accordance with subdivision  one  of  section  two
hundred  forty  of  the  domestic relations law and with the same powers
possessed by the supreme court in addition to  its  own  powers,  habeas
corpus proceedings and proceedings brought by petition and order to show
cause,  for  the  determination of the custody or [visitation] PARENTING
TIME of minors, including applications by a grandparent or  grandparents
for  [visitation]  PARENTING  TIME or custody rights pursuant to section
seventy-two or two hundred forty of the domestic relations law.
  (c) When initiated in the family court pursuant to  a  petition  under
part  eight  of  article ten of this act or section three hundred fifty-
eight-a of the social services law, the family court has jurisdiction to
enforce or modify orders or judgments of the supreme court  relating  to
the  [visitation] PARENTING TIME of minors in foster care, notwithstand-
ing any limitation contained in subdivision (b) of section four  hundred
sixty-seven of this act.
  (d)  With respect to applications by a grandparent or grandparents for
[visitation] PARENTING TIME or custody rights, made pursuant to  section
seventy-two  or  two hundred forty of the domestic relations law, with a
child remanded or placed in the care of a person,  official,  agency  or
institution  pursuant  to the provisions of article ten of this act, the
applicant, in such manner as the court shall prescribe,  shall  serve  a
copy  of  the  application upon the social services official having care
and custody of such child, and the child's law guardian,  who  shall  be
afforded an opportunity to be heard thereon.

A. 4559                            20

  (e)  1. Permanent, temporary or successive temporary orders of custody
or visitation. Prior to the issuance  of  any  permanent,  temporary  or
successive  temporary  order  of  custody or [visitation] PARENTING TIME
where more than one month has passed since the issuance of the  previous
temporary order, the court shall conduct a review of the following:
  (i) related decisions in court proceedings initiated pursuant to arti-
cle ten of this act; and
  (ii)  reports  of  the  statewide  computerized  registry of orders of
protection and warrants of arrest established and maintained pursuant to
section two hundred twenty-one-a of the executive law,  and  reports  of
the sex offender registry established and maintained pursuant to section
one hundred sixty-eight-b of the correction law.
  2.  Notifying  counsel and issuing orders. Upon consideration of deci-
sions pursuant to article ten of this  act,  and  registry  reports  and
notifying counsel involved in the proceeding, or in the event of a party
appearing pro se, notifying such party of the results thereof, including
any  court  appointed  law  guardian,  the  court may issue a temporary,
successive temporary or final order of custody or visitation.
  3. Temporary emergency order. Notwithstanding any other  provision  of
the  law,  upon  emergency situations, to serve the best interest of the
child, the court may issue a temporary emergency order  for  custody  or
[visitation]  PARENTING  TIME  in  the  event that it is not possible to
timely review decisions and reports on registries as  required  pursuant
to subparagraphs (i) and (ii) of paragraph one of this subdivision.
  4.  After  issuing a temporary emergency order. After issuing a tempo-
rary emergency order of custody  or  [visitation]  PARENTING  TIME,  the
court  shall  conduct reviews of the decisions and reports on registries
as required pursuant to subparagraphs (i) and (ii) of paragraph  one  of
this subdivision within twenty-four hours of the issuance of such tempo-
rary  emergency  order.  Upon  reviewing decisions and reports the court
shall notify associated counsel pursuant to paragraph two of this subdi-
vision and may issue temporary  or  permanent  custody  or  [visitation]
PARENTING TIME orders.
  5.  Feasibility  study. The commissioner of the office of children and
family services, in conjunction with the office of court administration,
is hereby authorized and directed to examine, study, evaluate  and  make
recommendations concerning the feasibility of the utilization of comput-
ers in family courts which are connected to the statewide central regis-
ter  of child abuse and maltreatment established and maintained pursuant
to section four hundred twenty-two of the  social  services  law,  as  a
means  of  providing  family  courts  with information regarding parties
requesting orders of custody  or  [visitation]  PARENTING  TIME.    Such
commissioner  shall  make  a  preliminary report to the governor and the
legislature of findings, conclusions and recommendations not later  than
January thirty-first, two thousand nine, and a final report of findings,
conclusions  and recommendations not later than June first, two thousand
nine, and shall submit with the reports such  legislative  proposals  as
are deemed necessary to implement the commissioner's recommendations.
  S  33. Section 651-a of the family court act, as amended by chapter 12
of the laws of 1996, is amended to read as follows:
  S 651-a. Reports of child abuse and  maltreatment;  admissibility.  In
any proceeding brought pursuant to this section to determine the custody
or [visitation] PARENTING TIME of minors, a report made to the statewide
central  register of child abuse and maltreatment, pursuant to title six
of article six of the social services law, or a portion  thereof,  which
is otherwise admissible as a business record pursuant to rule forty-five

A. 4559                            21

hundred eighteen of the civil practice law and rules shall not be admis-
sible in evidence, notwithstanding such rule, unless an investigation of
such report conducted pursuant to title six of article six of the social
services  law has determined that there is some credible evidence of the
alleged abuse or maltreatment, that the subject of the report  has  been
notified  that the report is indicated.  In addition, if such report has
been reviewed by the state commissioner of [social services] THE  OFFICE
OF  CHILDREN  AND  FAMILY  SERVICES  or his OR HER designee and has been
determined to be unfounded, it shall not be admissible in  evidence.  If
such  report  has  been  so  reviewed and has been amended to delete any
finding, each such deleted finding shall not be admissible. If the state
commissioner of [social services] THE  OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES  or  his  OR HER designee has amended the report to add any new
finding, each such  new  finding,  together  with  any  portion  of  the
original  report not deleted by the commissioner or his OR HER designee,
shall be admissible if it meets the other requirements of  this  section
and  is  otherwise admissible as a business record. If such a report, or
portion thereof, is admissible in evidence  but  is  uncorroborated,  it
shall  not be sufficient to make a fact finding of abuse or maltreatment
in such proceeding. Any other evidence tending to support the  reliabil-
ity of such report shall be sufficient corroboration.
  S 34. Subdivisions (a) and (b) of section 652 of the family court act,
subdivision (a) as amended and subdivision (b) as added by chapter 40 of
the laws of 1981, are amended to read as follows:
  (a)  When  referred  from  the  supreme court to the family court, the
family court  has  jurisdiction  to  determine,  with  the  same  powers
possessed  by the supreme court, applications to fix temporary or perma-
nent custody and applications to modify judgments and orders of  custody
or  [visitation]  PARENTING  TIME in actions and proceedings for marital
separation, divorce, annulment of marriage and dissolution of  marriage.
Applications to modify judgments and orders of custody may be granted by
the  family court under this section only upon the showing to the family
court that there has been a subsequent change of circumstances, SUCH  AS
LOSS  OF  EMPLOYMENT  OR  CHANGE  IN  INCOME,  and  that modification is
required.
  (b) In the event no such referral has been made and unless the supreme
court provides in the order or judgment awarding custody or [visitation]
PARENTING TIME in an action for divorce, separation or  annulment,  that
it  may  be  enforced  or modified only in the supreme court, the family
court may: (i) determine an application to enforce the order or judgment
awarding custody or [visitation] PARENTING TIME, or  (ii)  determine  an
application to modify the order or judgment awarding custody or [visita-
tion]  PARENTING  TIME  upon  a showing that there has been a subsequent
change of circumstances and modification is required.
  S 35. Subdivision (b) of section 656  of  the  family  court  act,  as
amended  by  chapter  483  of  the  laws  of 1995, is amended to read as
follows:
  (b) to permit a parent, or a person entitled to [visitation] PARENTING
TIME by a court order or a separation agreement, to visit the  child  at
stated periods;
  S  36.  Subdivision  (b)  of  section  759 of the family court act, as
amended by chapter 483 of the laws  of  1995,  is  amended  to  read  as
follows:
  (b) to permit a parent, or a person entitled to [visitation] PARENTING
TIME  by  a court order or a separation agreement, to visit the child at
stated periods;

A. 4559                            22

  S 37. Subdivision (b) of section 842  of  the  family  court  act,  as
amended  by  chapter  483  of  the  laws  of 1995, is amended to read as
follows:
  (b) to permit a parent, or a person entitled to [visitation] PARENTING
TIME  by  a court order or a separation agreement, to visit the child at
stated periods;
  S 38. Section 1030 of the family court act, as added by chapter 457 of
the laws of 1988, is amended to read as follows:
  S 1030. Order of [visitation] PARENTING TIME by a  respondent.  (a)  A
respondent  shall  have  the right to reasonable and regularly scheduled
[visitation] PARENTING TIME with a child in the temporary custody  of  a
social  services  official pursuant to this part or pursuant to subdivi-
sion (d) of section one  thousand  fifty-one  of  this  article,  unless
limited by an order of the family court.
  (b) A respondent who has not been afforded such [visitation] PARENTING
TIME  may  apply  to  the  court for an order requiring the local social
services official having temporary custody of the child pursuant to this
part or pursuant to subdivision (d) of section one thousand fifty-one of
this article, to permit the respondent to  visit  the  child  at  stated
periods.  Such application shall be made upon notice to the local social
services official and to any law guardian  appointed  to  represent  the
child, who shall be afforded an opportunity to be heard thereon.
  (c)  A  respondent shall be granted reasonable and regularly scheduled
[visitation] PARENTING TIME unless the court finds that the child's life
or health would be endangered thereby, but the court may order  [visita-
tion]  PARENTING  TIME  under  the supervision of an employee of a local
social services department upon a finding that such supervised  [visita-
tion] PARENTING TIME is in the best interest of the child.
  (d)  An order made under this section may be modified by the court for
good cause shown, upon application by any party or the child's law guar-
dian, and upon notice of such application to all other parties  and  the
child's  law  guardian, who shall be afforded an opportunity to be heard
thereon.
  (e) An order made under this section shall terminate upon the entry of
an order of disposition pursuant to part five of this article.
  (F) INTERFERENCE WITH OR WITHHOLDING OF PARENTING TIME  WITHOUT  CAUSE
SHALL  RESULT  IN IMMEDIATE SANCTIONS. A JUDGE WHO SANCTIONS A PARTY FOR
FAILURE TO COMPLY WITH AN ORDER OF PARENTING TIME SHALL  HAVE  AVAILABLE
THE FOLLOWING REMEDIES:
  (1)  AWARDING OF COUNSEL FEES OF THE AGGRIEVED PARTY AGAINST THE PARTY
WHO VIOLATED THE TERMS OF THE ORDER;
  (2) MEDIATION EDUCATION;
  (3) COMMUNITY SERVICE;
  (4) AWARDING OF COMPENSATORY TIME WITH THE CHILD FOR WHICH  THE  PARTY
WAS DEPRIVED; AND
  (5)  OTHER  ECONOMIC  SANCTIONS WHICH MAY BE DECIDED ON A CASE TO CASE
BASIS.
  S 39. Subdivision (e) of section 1035 of  the  family  court  act,  as
amended  by  chapter  526  of  the  laws  of 2003, is amended to read as
follows:
  (e) The summons, petition and notice of pendency of a child protective
proceeding served on the child's non-custodial parent in accordance with
subdivision (d) of this section shall, if applicable, be served together
with a notice that the child was removed from  his  or  her  home  by  a
social  services  official.  Such notice shall also include the name and
address of the official to whom temporary custody of the child has  been

A. 4559                            23

transferred,  the  name  and address of the agency or official with whom
the child has been temporarily placed, if different,  and  shall  advise
such  parent of the right to request temporary and permanent custody and
to seek enforcement of [visitation] PARENTING TIME rights with the child
as provided for in part eight of this article.
  S  40.    Paragraph (b) of subdivision 1 of section 1056 of the family
court act, as amended by chapter 483 of the laws of 1995, is amended  to
read as follows:
  (b) to permit a parent, or a person entitled to [visitation] PARENTING
TIME  by  a court order or a separation agreement, to visit the child at
stated periods;
  S 41. Part 8 of article 10 of the family court act, as added by  chap-
ter  457  of the laws of 1988, section 1085 as amended by chapter 378 of
the laws of 1999, is amended to read as follows:
                                 PART 8
                   [VISITATION OF] PARENTING TIME WITH
                          MINORS IN FOSTER CARE
Section 1081. [Visitation] PARENTING TIME rights.
        1082. Approval, modification or denial of [visitation] PARENTING
                TIME rights.
        1083. Duration of orders affecting [visitation]  PARENTING  TIME
                rights.
        1084. Out-of-wedlock children; paternity.
        1085. [Visitation] PARENTING TIME and custody rights unenforcea-
                 ble; murder of parent, custodian, guardian, or child.
  S  1081. [Visitation] PARENTING TIME rights. 1. A non-custodial parent
or grandparent shall have the [visitation] PARENTING TIME rights with  a
child  remanded  or  placed  in  the  care of a social services official
pursuant to this article as conferred by order of the family court or by
any order or judgment of the supreme  court,  or  by  written  agreement
between  the  parents  as described in section two hundred thirty-six of
the domestic relations law, subject to the  provisions  of  section  one
thousand eighty-two of this part.
  2.  A non-custodial parent or any grandparent or grandparents who have
not been afforded the [visitation] PARENTING TIME  rights  described  in
subdivision  one  of  this section, shall have the right to petition the
court for enforcement of [visitation] PARENTING TIME rights with a child
remanded or placed in the care of a social services official pursuant to
this article, as such  [visitation]  PARENTING  TIME  rights  have  been
conferred  by  order  of the family court or by any order or judgment of
the supreme court, or  by  written  agreement  between  the  parents  as
described  in  section  two hundred thirty-six of the domestic relations
law.
  3. (a) The petition by a non-custodial parent shall allege  that  such
parent  has [visitation] PARENTING TIME rights conferred by order of the
family court or by any order or judgment of  the  supreme  court  or  by
written  agreement  between  the  parents  as  described  in section two
hundred thirty-six of the domestic relations law, shall have a  copy  of
such  order,  judgment  or  agreement  attached  thereto,  shall request
enforcement of such rights pursuant to this part, and shall state,  when
known  by  the  petitioner, that [visitation] PARENTING TIME rights with
the child by any grandparent or  grandparents  have  been  conferred  by
order  of the supreme court or family court pursuant to section seventy-
two or two hundred forty  of  the  domestic  relations  law,  and  shall
provide the name and address of such grandparent or grandparents.

A. 4559                            24

  (b) A petition by a grandparent or grandparents shall allege that such
grandparent  or  grandparents  have  been granted [visitation] PARENTING
TIME rights with the  child  pursuant  to  section  seventy-two  or  two
hundred  forty  of  the  domestic  relations  law, or subdivision (b) of
section  six  hundred  fifty-one  of this act, shall have a copy of such
order or judgment attached thereto, and  shall  request  enforcement  of
such rights pursuant to this part.
  4.  The  petition  shall be served upon the respondent in a proceeding
under this article, the local social services official having  the  care
of  the  child, any grandparent or grandparents named in the petition as
having [visitation] PARENTING  TIME  rights  conferred  by  court  order
pursuant  to  section  seventy-two  or two hundred forty of the domestic
relations law, and upon the child's law guardian. The petition shall  be
served in such manner as the court may direct.
  5.  Upon  receipt  of  such  petition  the court shall, subject to the
provisions of section one thousand eighty-two of this part, require that
any order of a family court or order or judgment of the  supreme  court,
or  any agreement between the parents as described in subdivision one of
this section, granting [visitation] PARENTING TIME rights  to  the  non-
custodial  parent,  grandparent  or grandparents, be incorporated in any
preliminary order or order of placement made under this article  to  the
extent  that  such  order,  judgment  or  agreement confers [visitation]
PARENTING TIME rights. In any case where a dispositional hearing has not
been held or will not be held within thirty days of the filing  of  such
petition  the court shall order the person, official, agency or institu-
tion caring for the child pursuant to this article to comply  with  such
part of the order, judgment or agreement granting [visitation] PARENTING
TIME  rights.  Violation  of  such order shall be punishable pursuant to
section seven hundred fifty-three of the judiciary law.
  S 1082. Approval, modification or  denial  of  [visitation]  PARENTING
TIME  rights. 1.  (a) Upon receipt of a petition pursuant to subdivision
four of section one thousand eighty-one of this part, the local  depart-
ment of social services shall make inquiry of the state central register
of  child  abuse  and maltreatment to determine whether or not the peti-
tioner is a subject of an indicated report of child abuse  or  maltreat-
ment,  as  such  terms are defined in section four hundred twelve of the
social services law, and shall further  ascertain  whether  or  not  the
petitioner  is  a  respondent in a proceeding under this article whereby
the child with whom [visitation]  PARENTING  TIME  is  sought  has  been
allegedly  abused  or  neglected or has been adjudicated as an abused or
neglected child.
  (b) The department, the law guardian and the respondent in a  proceed-
ing under this article, shall have the right to be heard in respect to a
petition  for  an  order  to  enforce [visitation] PARENTING TIME rights
under this part.
  2. Where the local department of social services or the  law  guardian
opposes  a petition described in section one thousand eighty-one of this
part, the department or the law guardian as appropriate shall serve  and
file an answer to the petition. The court shall, upon the filing of such
answer,  set  a date for a hearing on such petition and shall notify the
parents, grandparent or grandparents, the department and the law guardi-
an of such hearing date.
  3. Whenever a hearing described in subdivision two of this section  is
to  be  held within ten court days of a dispositional hearing authorized
under this article, the court may in its discretion hear  such  petition
as part of such dispositional hearing.

A. 4559                            25

  4.  In  any  hearing  under this section, the court shall approve such
petition unless the court finds upon competent,  relevant  and  material
evidence  that  enforcement  of  [visitation]  PARENTING  TIME rights as
described in the order, judgment or agreement would endanger the child's
life or health. Upon such a finding, the court shall make an order deny-
ing  such  petition  or  make  such other order affecting enforcement of
[visitation] PARENTING TIME rights as the court deems to be in the  best
interests of the child.
  5.  (a)  Where  a  petition  is  approved pursuant to this section the
parties may agree in writing to an alternative schedule of  [visitation]
PARENTING  TIME  equivalent to and consistent with the original or modi-
fied [visitation] PARENTING TIME order or agreement where such  alterna-
tive  schedule  reflects  changed  circumstances  of  the parties and is
consistent with the best interests of the child.
  (b) In the absence of such an agreement between the parties, the court
may, in its discretion, order an alternative  schedule  of  [visitation]
PARENTING TIME as defined herein, where it determines that such schedule
is  necessary  to  facilitate [visitation] PARENTING TIME and to protect
the best interests of the child.
  S 1083. Duration  of  orders  affecting  [visitation]  PARENTING  TIME
rights.  1.  Where  an order of the court has been made incorporating an
order, judgment or  agreement  conferring  [visitation]  PARENTING  TIME
rights  with  a  child  on  a non-custodial parent or grandparent into a
dispositional order under this article, or  where  the  court  otherwise
orders  compliance  by  a person, official, agency or institution caring
for the child, with an order, judgment or  agreement  granting  [visita-
tion]  PARENTING  TIME rights, such order shall remain in effect for the
length of time the child remains in such care pursuant to this  article,
unless  such  order is subsequently modified by the court for good cause
shown.
  2. Where the court makes an order denying a petition seeking  enforce-
ment  of  [visitation] PARENTING TIME rights or makes an order modifying
[visitation] PARENTING  TIME  rights,  pursuant  to  the  provisions  of
section one thousand eighty-two of this part, such order shall remain in
effect  for  the length of time the child is placed with a person, offi-
cial, agency or institution caring for the child pursuant to this  arti-
cle,  unless  such  order is subsequently modified by the court for good
cause shown.
  S 1084. Out-of-wedlock children; paternity. No [visitation]  PARENTING
TIME  right  shall  be enforceable under this part concerning any person
claiming to be a parent of an out-of-wedlock child  without  an  adjudi-
cation of the paternity of such person by a court of competent jurisdic-
tion,  or  without  an  acknowledgement  of the paternity of such person
executed pursuant to applicable provisions of law.
  S 1085. [Visitation] PARENTING TIME and custody rights  unenforceable;
murder  of  parent,  custodian,  guardian,  or child. 1. No [visitation]
PARENTING TIME or custody order shall be enforceable under this part  by
a  person who has been convicted of murder in the first or second degree
in this state, or convicted of an offense in another jurisdiction which,
if committed in this state, would constitute either murder in the  first
or second degree, of a parent, legal custodian, legal guardian, sibling,
half-sibling or step-sibling of the child unless:
  (i) (A) such child is of suitable age to signify assent and such child
assents to such [visitation] PARENTING TIME or custody; or
  (B) if such child is not of suitable age to signify assent the child's
custodian or legal guardian assents to such order; or

A. 4559                            26

  (C) the person who has been convicted of murder in the first or second
degree, or an offense in another jurisdiction which if committed in this
state, would constitute either murder in the first or second degree, can
prove by a preponderance of the evidence that:
  (1)  he or she, or a family or household member of either party, was a
victim of domestic violence by the victim of such murder; and
  (2) the domestic violence was causally related to  the  commission  of
such murder; and
  (ii)  the court finds that such [visitation] PARENTING TIME or custody
is in the best interest of the child.
  2. Pending determination of a petition for [visitation] PARENTING TIME
or custody such child shall not visit and no person  shall  visit,  with
such  child  present, such person, legal guardian or legal custodian who
has been convicted of murder in the  first  or  second  degree  in  this
state, or an offense in another jurisdiction which, if committed in this
state,  would constitute either murder in the first or second degree, of
the other parent, legal guardian, legal custodian, sibling, half-sibling
or step-sibling of such child,  without  the  consent  of  such  child's
custodian or legal guardian.
  3.  Nothing  contained in this section shall be construed to require a
court, without petition from any of the interested parties, to review  a
previously  issued  order  of  [visitation] PARENTING TIME or custody or
denial of such petition.
  4. For the purposes of making a determination pursuant to subparagraph
(C) of paragraph (i) of subdivision one of this section, the court shall
not be bound by the findings of fact, conclusions  of  law  or  ultimate
conclusion as determined by the proceedings leading to the conviction of
murder  in  the first or second degree in this state or of an offense in
another jurisdiction which, if committed in this state, would constitute
murder in either the first or second degree, of a parent, legal  guardi-
an,  legal  custodian,  sibling, half-sibling or step-sibling of a child
who is the subject of the proceeding.  In  all  proceedings  under  this
section, a law guardian shall be appointed for the child.
  S  42.  The  domestic relations law is amended by adding a new section
242 to read as follows:
  S 242. MATRIMONIAL ACTIONS INVOLVING CUSTODY  OF  CHILDREN;  MEDIATION
AND  FAMILY COUNSELLING. IN ANY MATRIMONIAL ACTION INVOLVING THE CUSTODY
OF CHILDREN, THE COURT SHALL DIRECT THE PARTIES TO ATTEND MEDIATION  AND
FAMILY  COUNSELLING  SESSIONS  PRIOR TO THE ENTRY OF ANY ORDERS OR JUDG-
MENTS, EXCEPT FOR TEMPORARY ORDERS OF PROTECTION OR SUPPORT, AS PROVIDED
FOR IN THE RULES OF THE CHIEF ADMINISTRATOR OF  THE  COURTS,  WHO  SHALL
PROMULGATE RULES AND REGULATIONS THEREFOR.
  S  43. Paragraph (a) of subdivision 1-b of section 240 of the domestic
relations law, as added by chapter 567 of the laws of 1989,  is  amended
to read as follows:
  (a)  The  court shall make its award for child support pursuant to the
provisions of this subdivision. The [court may vary from the  amount  of
the  basic child support obligation determined pursuant to paragraph (c)
of this subdivision only in accordance with paragraph (f) of this subdi-
vision] BURDEN OF CHILD SUPPORT SHALL BE  DIVIDED  EQUALLY  BETWEEN  THE
PARENTS.
  S  44. Paragraphs (e) and (f) of subdivision 1-b of section 240 of the
domestic relations law are REPEALED.
  S 45. Subparagraph 2 of paragraph (b) of subdivision  1-b  of  section
240  of  the domestic relations law, as added by chapter 567 of the laws
of 1989, is amended to read as follows:

A. 4559                            27

  (2) "Child support" shall mean a sum to  be  paid  pursuant  to  court
order  or decree by either or both parents or pursuant to a valid agree-
ment between the parties for care,  maintenance  and  education  of  any
unemancipated child under the age of [twenty-one] EIGHTEEN years.
  S 46. Clause (i) of subparagraph 5 of paragraph (b) of subdivision 1-b
of section 240 of the domestic relations law, as added by chapter 567 of
the laws of 1989, is amended to read as follows:
  (i)  gross  (total)  income,  EXCLUSIVE  OF  FEDERAL, STATE, AND LOCAL
PERSONAL INCOME TAXES AND CONTRIBUTIONS REQUIRED PURSUANT TO THE FEDERAL
INSURANCE CONTRIBUTIONS ACT (SOCIAL SECURITY AND  MEDICARE),  as  should
have  been  or  should be reported in the most recent federal income tax
return. If an individual files his/her federal income tax  return  as  a
married  person filing jointly, such person shall be required to prepare
a form, sworn to under penalty of law, disclosing his/her  gross  income
individually;
  S  47.  Subdivision 11 of section 111-h of the social services law, as
amended by chapter 502 of the laws  of  1990,  is  amended  to  read  as
follows:
  11.  The  department may provide for the performance of the collection
and disbursement functions of the support collection units  by  contract
with a fiscal agent. For purposes of any reference to support collection
unit  in  this chapter or any other law, the fiscal agent under contract
with the department shall be deemed to be part of all support collection
units for which the fiscal agent performs  collection  and  disbursement
functions.  THE DEPARTMENT SHALL PROVIDE BY RULE FOR AN ANNUAL AUDIT AND
PERFORMANCE APPRAISAL OF EACH FISCAL AGENT.
  S 48. The family court act is amended by adding a new section 385.3 to
read as follows:
  S 385.3. EVIDENCE. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A FAMI-
LY  COURT  JUDGE SHALL, IN EVERY PROCEEDING AND HEARING UNDER HIS OR HER
JURISDICTION, REVIEW ALL EVIDENCE INCLUDING LAW GUARDIAN REPORTS,  CHILD
ADVOCATE REPORTS, PHYSICIAN REPORTS, PSYCHOLOGIST REPORTS AND COUNSELING
REPORTS,  AS  WELL  AS  ALL  THIRD  PARTY  COMMUNICATIONS RELATED TO THE
PROCEEDING OR HEARING.
  S 49. Subdivision (a) of section 418  of  the  family  court  act,  as
amended  by  chapter  214  of  the  laws  of 1998, is amended to read as
follows:
  (a) The court, on its own motion or motion of any party, when paterni-
ty is contested, shall order the  mother,  the  child  and  the  alleged
father  to submit to one or more genetic marker or DNA marker tests of a
type generally acknowledged as reliable by an accreditation body  desig-
nated  by  the  secretary  of the federal department of health and human
services and performed by a laboratory approved by such an accreditation
body and by the commissioner of health or by a duly qualified  physician
to  aid  in the determination of whether the alleged father is or is not
the father of the child. No such test shall be ordered, however, upon  a
written finding by the court that it is not in the best interests of the
child  on  the basis of res judicata, equitable estoppel or the presump-
tion of legitimacy of a child born to a married  woman.  The  record  or
report  of  the  results of any such genetic marker or DNA test shall be
received in evidence, pursuant to subdivision  (e)  of  rule  forty-five
hundred  eighteen  of  the  civil practice law and rules where no timely
objection in writing has been made thereto. Any order pursuant  to  this
section  shall  state  in  plain  language that the results of such test
shall be admitted into evidence, pursuant  to  rule  forty-five  hundred
eighteen  of  the  civil practice law and rules absent timely objections

A. 4559                            28

thereto and that if such timely objections are not made, they  shall  be
deemed  waived  and  shall  not be heard by the court.  If the record or
report of results of any such genetic marker or DNA test or tests  indi-
cate at least a ninety-five percent probability of paternity, the admis-
sion  of  such record or report shall create a rebuttable presumption of
paternity, and, if unrebutted, shall  establish  the  paternity  of  and
liability  for the support of a child pursuant to this article and arti-
cle five of this act.  IF CHILD SUPPORT IS BEING PAID AND THE RECORD  OR
REPORT  OF  RESULTS  OF  ANY  GENETIC MARKER OR DNA TEST OR TESTS DO NOT
INDICATE AT LEAST A NINETY-FIVE PERCENT  PROBABILITY  OF  PATERNITY,  IF
UNREBUTTED,  THE  COURT SHALL ORDER THE IMMEDIATE CESSATION OF ALL CHILD
SUPPORT REGARDLESS OF THE LENGTH OF TIME THAT  CHILD  SUPPORT  HAS  BEEN
PAID,  EXCEPT  IN  A  CASE WHERE A SPERM DONOR WAS USED AND THE PUTATIVE
FATHER WAS AWARE OF AND CONSENTED TO SUCH USE IN WHICH CASE THERE  SHALL
NOT BE A CESSATION OF SUPPORT.
  S  50.  The  domestic relations law is amended by adding a new section
74-a to read as follows:
  S 74-A. PARENTAL ACCESS TO INFORMATION. UNLESS PROHIBITED  BY  FEDERAL
OR  STATE LAW, A PARENT SHALL HAVE COMPLETE ACCESS TO RECORDS AND INFOR-
MATION PERTAINING TO THE HEALTH, EDUCATION AND WELFARE  OF  HIS  OR  HER
MINOR  CHILD,  REGARDLESS  OF  WHETHER OR NOT HE OR SHE IS THE CUSTODIAL
PARENT, UNLESS A COURT DECREES THAT ACCESS TO THE INFORMATION IS NOT  IN
THE BEST INTEREST OF THE CHILD.
  S  51. Subparagraph 3 of paragraph (b) of subdivision 1 of section 413
of the family court act, as amended by chapter 567 of the laws of  1989,
is amended to read as follows:
  (3) "Child support percentage" shall mean:
  (i)  seventeen  percent of the combined parental income for one child,
EXCEPT IN A CASE OF SHARED PARENTING IN WHICH CASE TEN  PERCENT  OF  THE
COMBINED PARENTAL INCOME FOR ONE CHILD;
  (ii) twenty-five percent of the combined parental income for two chil-
dren, EXCEPT IN A CASE OF SHARED PARENTING IN WHICH CASE SIXTEEN PERCENT
OF THE COMBINED PARENTAL INCOME FOR TWO CHILDREN;
  (iii)  twenty-nine  percent  of the combined parental income for three
children, EXCEPT IN A CASE OF SHARED PARENTING IN WHICH CASE  TWENTY-SIX
PERCENT OF THE COMBINED PARENTAL INCOME FOR THREE CHILDREN;
  (iv) thirty-one percent of the combined parental income for four chil-
dren; and
  (v)  no  less than thirty-five percent of the combined parental income
for five or more children.
  IN ADDITION TO THE PERCENTAGES ESTABLISHED IN  THIS  SUBPARAGRAPH  FOR
SHARED PARENTING, THE COURT MAY INCLUDE AN ADDITIONAL SEVEN PERCENT UPON
THE DEMONSTRATION OF NECESSITY, BASED UPON RECEIPTS, FOR CLOTHING, CARE,
MEDICAL   ATTENTION,  THE  EXPENSE  OF  EDUCATION,  PAYMENT  OF  FUNERAL
EXPENSES, AND OTHER PROPER AND REASONABLE EXPENSES.
  S 52. Paragraph (c) of subdivision 1 of  section  413  of  the  family
court act is amended by adding a new subparagraph 8 to read as follows:
  (8)  WHERE THE COURT DETERMINES THAT THE CUSTODIAL PARENT WILL RECEIVE
TAX SAVINGS BECAUSE OF BEING ABLE TO FILE AS HEAD OF A HOUSEHOLD, TAKE A
CHILD RELATED TAX DEDUCTION AND/OR TAKE A CHILD  RELATED  EARNED  INCOME
TAX  CREDIT,  THE  COURT  SHALL  ADD  THE  AMOUNT SAVED TO THE CUSTODIAL
PARENT'S INCOME WHEN DETERMINING COMBINED PARENTAL INCOME.
  S 53. Section 413 of the family court act is amended by adding  a  new
subdivision 2-a to read as follows:
  2-A.  NOTHING IN THIS ARTICLE SHALL IMPOSE ANY LIABILITY UPON A PERSON
TO SUPPORT ANY MINOR CHILD WHO  HAS  BECOME  EMANCIPATED,  MARRIED,  HAS

A. 4559                            29

CEASED TO ATTEND SCHOOL, OR WHO, IF IT HAS BEEN DETERMINED BY THE COURT,
HAS  BECOME  SELF-SUPPORTING. SUCH LIABILITY SHALL NOT BE IMPOSED FOR SO
LONG AS THE MINOR REMAINS EMANCIPATED, MARRIED,  HAS  CEASED  TO  ATTEND
SCHOOL OR IS SELF-SUPPORTING.
  S  54. Paragraph (e) of subdivision 4-a of section 111-b of the social
services law, as added by chapter 398 of the laws of 1997, is amended to
read as follows:
  (e)  Information maintained as part of the state case  registry  shall
be made available to other state and federal agencies as provided for in
federal statutes and regulations promulgated by the federal secretary of
health  and human services.  EVERY JANUARY, MAY AND SEPTEMBER, A SUPPORT
PAYER'S INFORMATION SHALL BE MAILED TO HIM OR HER BY  FIRST  CLASS  MAIL
FROM  THE  NEW  YORK  STATE CHILD SUPPORT COLLECTION UNIT TO THE SUPPORT
OBLIGOR'S KNOWN HOME ADDRESS OR SUCH OTHER PLACE WHERE THE SUPPORT OBLI-
GOR IS LIKELY TO RECEIVE FIRST CLASS  MAIL.    THIS  SHALL  INCLUDE  ALL
PAYMENTS, INCLUDING ARREARAGES, RECEIVED BY THE CHILD SUPPORT COLLECTION
UNIT.
  S  55.  Subdivision  (a)  of section 458-a of the family court act, as
amended by chapter 624 of the laws  of  2002,  is  amended  to  read  as
follows:
  (a) If the respondent has accumulated support arrears equivalent to or
greater  than  the  amount  of support due pursuant to court order for a
period of four months, the court may order the department of motor vehi-
cles to suspend the respondent's driving privileges, and if  such  order
issues, the respondent may apply to the department of motor vehicles for
a  restricted use license pursuant to section five hundred thirty of the
vehicle and traffic law.  IF THE COURT FINDS THAT THE RESPONDENT HAS  IN
THE  PAST BEEN TIMELY IN PAYING HIS OR HER SUPPORT DUE THEN THE RESPOND-
ENT'S DRIVING PRIVILEGES CANNOT BE  SUSPENDED  WITHOUT  A  HEARING.  The
court  may  at  any  time  upon payment of arrears or partial payment of
arrears by the respondent order the  department  of  motor  vehicles  to
terminate   the  suspension  of  respondent's  driving  privileges.  For
purposes of  determining  whether  a  support  obligor  has  accumulated
support  arrears equivalent to or greater than the amount of support due
for a period of four months, the  amount  of  any  retroactive  support,
other  than periodic payments of retroactive support which are past due,
shall not be included in the calculation of support arrears pursuant  to
this section.
  S 56. Subdivision 1 of section 454 of the family court act, as amended
by chapter 892 of the laws of 1986, is amended to read as follows:
  1. If a respondent is brought before the court for failure to obey any
lawful  order of support [and if, after hearing,] THE PARTIES CAN CHOOSE
TO HAVE A HEARING BEFORE THE COURT OR TO GO THROUGH  AN  ARBITRATOR,  IN
ORDER  TO  AVOID A COURT APPEARANCE.  AN ARBITRATOR SHALL BE ESTABLISHED
THROUGH CHILD SUPPORT COLLECTION TO ARBITRATE DISPUTES  WHEN  THERE  ARE
ACCUSATIONS OF CHILD SUPPORT ARREARAGE IN ORDER TO AVERT A COURT APPEAR-
ANCE.   IF the court is satisfied by competent proof that the respondent
has failed to obey any such order, the court may use any or all  of  the
powers  conferred  upon  it by this part. The court has the power to use
any or all enforcement powers in every proceeding brought for  violation
of  a  court order under this part regardless of the relief requested in
the petition.
  S 57. Paragraph (a) of subdivision 3 of  section  454  of  the  family
court  act, as amended by chapter 892 of the laws of 1986, is amended to
read as follows:

A. 4559                            30

  (a) commit the respondent to jail for a term not to exceed six months.
For purposes of this subdivision, failure to pay  support,  as  ordered,
shall  constitute prima facie evidence of a willful violation.  HOWEVER,
THE COURT SHALL CONSIDER REAL CIRCUMSTANCES WHEN FINDING THAT A RESPOND-
ENT  HAS FAILED TO COMPLY WITH ANY LAWFUL ORDER OF SUPPORT, SUCH AS THAT
A PARENT PRESENTLY HAS VOLUNTARILY OR INVOLUNTARILY REDUCED RESOURCES OR
INCOME. Such commitment may be served upon  certain  specified  days  or
parts  of  days  as the court may direct, and the court may, at any time
within the term of such sentence, revoke such suspension and commit  the
respondent  for  the  remainder of the original sentence, or suspend the
remainder of such sentence. Such commitment does not prevent  the  court
from  subsequently  committing  the respondent for failure thereafter to
comply with any such order; or
  S 58. Section 451 of the family court act, as amended by  chapter  533
of the laws of 1999, is amended to read as follows:
  S  451.  Continuing  jurisdiction.  (A)  Except as provided in article
five-B of this act, the  court  has  continuing  jurisdiction  over  any
support  proceeding  brought  under  this  article until its judgment is
completely satisfied and may modify,  set  aside  or  vacate  any  order
issued  in  the  course  of  the proceeding, provided, however, that the
modification, set aside or vacatur  shall  not  reduce  or  annul  child
support  arrears  accrued prior to the making of an application pursuant
to this section. The court shall not reduce or annul any  other  arrears
unless  the defaulting party shows good cause for failure to make appli-
cation for relief from the judgment or order directing payment prior  to
the  accrual  of  the arrears, in which case the facts and circumstances
constituting such good cause shall be set forth in a written  memorandum
of  decision. A modification may increase support payments nunc pro tunc
as of the date of the initial application for  support  based  on  newly
discovered evidence. Any retroactive amount of support due shall be paid
in  one  lump  sum  or  periodic sums, as the court directs, taking into
account any amount of support which has been paid. Upon  an  application
to  modify, set aside or vacate an order of support, no hearing shall be
required unless such application shall be  supported  by  affidavit  and
other  evidentiary  material  sufficient to establish a prima facie case
for the relief requested.
  (B) ONCE A YEAR, A MOTION MAY BE MADE BY A CHILD  SUPPORT  OBLIGOR  TO
REQUIRE  AN  ACCOUNTING  BY  THE  PARENT  RECEIVING THE CHILD SUPPORT ON
BEHALF OF THE CHILD OR CHILDREN. THE ACCOUNTING SHALL  ACCOUNT  FOR  ALL
FUNDS  EXPENDED  ON THE CHILD OR CHILDREN AND SHALL BE USED BY THE COURT
IN DETERMINING WHETHER THE FUNDS ARE BEING MISUSED OR NOT FULFILLING THE
CHILD OR CHILDREN'S NEEDS. THE ACCOUNTING  SHALL  INCLUDE,  BUT  NOT  BE
LIMITED TO, THE DISPOSITION OF ALL FUNDS PAID BY THE CHILD SUPPORT OBLI-
GOR  AND  ALL  FUNDS  EXPENDED  ON  BEHALF OF THE CHILD OR CHILDREN. ANY
MOTION FILED BY A CHILD SUPPORT OBLIGOR  PURSUANT  TO  THIS  SUBDIVISION
SHALL  BE  ACCOMPANIED BY A SWORN AFFIDAVIT THAT THE OBLIGOR HAS REASON-
ABLE GROUNDS TO QUESTION WHETHER THE CHILD SUPPORT FUNDS ARE BEING SPENT
APPROPRIATELY AND SHALL STATE THE GROUNDS IN THE AFFIDAVIT.
  S 59. The closing paragraph of subdivision 1 of  section  460  of  the
family  court  act,  as  amended  by chapter 815 of the laws of 1987, is
amended to read as follows:
and the party defaults in paying any sum of money due as required by the
order directing the payment thereof, the court, without  regard  to  the
amount  due, shall make an order directing the entry of judgment for the
amount of child support arrears, together with costs and  disbursements.
THIS  JUDGMENT SHALL BE DIRECTED TO BE PAID EACH MONTH, AT A RATE NOT TO

A. 4559                            31

EXCEED TEN PERCENT OF  THE  DEFAULTING  PARTY'S  REGULAR  MONTHLY  CHILD
SUPPORT  PAYMENT,  UNTIL  THE  ARREARS ARE PAID. The court shall make an
order directing the entry of judgment for the amount of arrears  of  any
other  payments  so  directed,  together  with  costs and disbursements,
unless the defaulting party shows good cause for failure to make  appli-
cation  for  relief  from  the  judgment or order directing such payment
prior to the accrual of such arrears. The court shall not make an  order
reducing  or  [cancelling]  CANCELING  such arrears unless the facts and
circumstances constituting good cause are set forth in a  written  memo-
randum  of  decision.  The application for such order shall be made upon
such notice to the party or other person as the court may  direct.  Such
judgment  shall provide for the payment of interest on the amount of any
arrears if the default was willful, in that the defaulting  party  know-
ingly,  consciously  and  voluntarily disregarded the obligation under a
lawful court order. Such interest shall be computed  from  the  date  on
which  the  payment was due, at the prevailing rate of interest on judg-
ments as provided in the civil practice law and rules.
  S 60. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become  a  law,  provided  that  the
amendments  to  subdivision  (a)  of section 439 of the family court act
made by section twenty-three of this act shall be subject to the expira-
tion and reversion of such subdivision pursuant  to  subdivision  19  of
section  246  of  chapter  81 of the laws of 1995, as amended, when upon
such date the provisions of section twenty-four of this act  shall  take
effect  and  provided further that any and all rules and regulations and
any other measures necessary to implement this act on its effective date
may be promulgated or taken on or before such date.