Senate Bill S5697

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

                                  5697

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 28, 2009
                               ___________

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

AN ACT to amend the domestic relations law and the family court act,  in
  relation  to  review of reports of the statewide computerized registry
  of orders of protection and warrants of arrest  prior  to  issuing  an
  order of custody or visitation

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

  Section 1. Paragraph (a-1) of subdivision 1  of  section  240  of  the
domestic  relations law, as added by chapter 595 of the laws of 2008, is
amended to read as follows:
  (a-1)(1) Permanent[, temporary or successive]  AND  INITIAL  temporary
orders  of  custody  or  visitation. Prior to the issuance of any perma-
nent[, temporary] or [successive] INITIAL temporary order of custody  or
visitation  [where  more than one month has passed since the issuance of
the previous temporary order], the court shall conduct a review  of  THE
DECISIONS AND REPORTS LISTED IN SUBPARAGRAPH THREE OF THIS PARAGRAPH.
  (2) SUCCESSIVE TEMPORARY ORDERS OF CUSTODY OR VISITATION. PRIOR TO THE
ISSUANCE OF ANY SUCCESSIVE TEMPORARY ORDER OF CUSTODY OR VISITATION, THE
COURT  SHALL  CONDUCT  A  REVIEW  OF THE DECISIONS AND REPORTS LISTED IN
SUBPARAGRAPH THREE OF THIS PARAGRAPH, UNLESS  SUCH  A  REVIEW  HAS  BEEN
CONDUCTED WITHIN NINETY DAYS PRIOR TO THE ISSUANCE OF SUCH ORDER.
  (3) DECISIONS AND REPORTS FOR REVIEW. THE COURT SHALL CONDUCT A REVIEW
OF the following:
  (i) related decisions in court proceedings initiated pursuant to arti-
cle ten of the family court act, AND ALL WARRANTS ISSUED UNDER THE FAMI-
LY 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11835-01-9

              

S. 5697                             2

the sex offender registry established and maintained pursuant to section
one hundred sixty-eight-b of the correction law.
  [(2)]  (4) Notifying counsel and issuing orders. Upon consideration of
decisions 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 SELF-REPRESENTED party [appearing  pro  se],  notifying  such
party of the results thereof, including any court appointed [law guardi-
an]  ATTORNEY  FOR CHILDREN, the court may issue a temporary, successive
temporary or final order of custody or visitation.
  [(3)]  (5)  Temporary  emergency  order.  Notwithstanding  any   other
provision  of  the  law,  upon  emergency situations, INCLUDING COMPUTER
MALFUNCTIONS, to serve the best interest of the  child,  the  court  may
issue a temporary emergency order for custody or visitation in the event
that it is not possible to timely review decisions and reports on regis-
tries as required pursuant to [items (i) and (ii) of] subparagraph [one]
THREE of this paragraph.
  [(4)]  (6)  After issuing a temporary emergency order. After issuing a
temporary emergency order of custody  or  visitation,  the  court  shall
conduct  reviews  of the decisions and reports on registries as required
pursuant to [items (i) and (ii) of] subparagraph  [one]  THREE  of  this
paragraph  within  twenty-four  hours  of the issuance of such temporary
emergency order.  SHOULD SUCH TWENTY-FOUR HOUR PERIOD FALL ON A DAY WHEN
COURT IS NOT IN SESSION, THEN THE REQUIRED REVIEWS SHALL TAKE PLACE  THE
NEXT  DAY  THE COURT IS IN SESSION. Upon reviewing decisions and reports
the court shall notify associated counsel, SELF-REPRESENTED PARTIES  AND
ATTORNEYS FOR CHILDREN pursuant to subparagraph [two] FOUR of this para-
graph and may issue temporary or permanent custody or visitation orders.
  [(5)]  (7)  Feasibility study. The commissioner of the office of chil-
dren and family services, in conjunction with the office of court admin-
istration, is hereby authorized and directed to examine, study, evaluate
and make recommendations concerning the feasibility of  the  utilization
of  computers  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. 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.
  S 2. Subdivision (e) of section 651 of the family court act, as  added
by chapter 595 of the laws of 2008, is amended to read as follows:
  (e)  1.  Permanent[,  temporary  or  successive] AND INITIAL temporary
orders of custody or visitation. Prior to the  issuance  of  any  perma-
nent[,  temporary] or [successive] INITIAL temporary order of custody or
visitation [where more than one month has passed since the  issuance  of
the  previous  temporary order], the court shall conduct a review of THE
DECISIONS AND REPORTS LISTED IN PARAGRAPH THREE OF THIS SUBDIVISION.
  2. SUCCESSIVE TEMPORARY ORDERS OF CUSTODY OR VISITATION. PRIOR TO  THE
ISSUANCE OF ANY SUCCESSIVE TEMPORARY ORDER OF CUSTODY OR VISITATION, THE
COURT  SHALL  CONDUCT  A  REVIEW  OF THE DECISIONS AND REPORTS LISTED IN
PARAGRAPH THREE OF THIS SUBDIVISION,  UNLESS  SUCH  A  REVIEW  HAS  BEEN
CONDUCTED WITHIN NINETY DAYS PRIOR TO THE ISSUANCE OF SUCH ORDER.

S. 5697                             3

  3.  DECISIONS AND REPORTS FOR REVIEW. 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 ALL WARRANTS ISSUED UNDER 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.]  4.  Notifying  counsel and issuing orders. Upon consideration of
decisions pursuant to article ten of this act, and registry reports  and
notifying  counsel  involved  in  the  proceeding,  or in the event of a
SELF-REPRESENTED party [appearing pro se], notifying such party  of  the
results  thereof,  including any court appointed [law guardian] ATTORNEY
FOR CHILDREN, the court may issue a temporary, successive  temporary  or
final order of custody or visitation.
  [3.] 5. Temporary emergency order. Notwithstanding any other provision
of  the law, upon emergency situations, INCLUDING COMPUTER MALFUNCTIONS,
to serve the best interest of the child, the court may issue a temporary
emergency order for custody or visitation 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]
THREE of this subdivision.
  [4.]  6.  After  issuing  a temporary emergency order. After issuing a
temporary emergency order of custody  or  visitation,  the  court  shall
conduct  reviews  of the decisions and reports on registries as required
pursuant to [subparagraphs (i) and (ii) of]  paragraph  [one]  THREE  of
this subdivision within twenty-four hours of the issuance of such tempo-
rary  emergency order. SHOULD SUCH TWENTY-FOUR HOUR PERIOD FALL ON A DAY
WHEN COURT IS NOT IN SESSION, THEN THE REQUIRED REVIEWS SHALL TAKE PLACE
THE NEXT DAY THE COURT IS  IN  SESSION.  Upon  reviewing  decisions  and
reports  the  court  shall  notify  associated counsel, SELF-REPRESENTED
PARTIES AND ATTORNEYS FOR CHILDREN pursuant to paragraph [two]  FOUR  of
this subdivision and may issue temporary or permanent custody or visita-
tion orders.
  [5.]  7. Feasibility study. The commissioner of the office of children
and family services, in conjunction with the office  of  court  adminis-
tration,  is  hereby authorized and directed to examine, study, evaluate
and make recommendations concerning the feasibility of  the  utilization
of  computers  in  family  courts  which  are connected to the statewide
central register of child abuse and maltreatment established  and  main-
tained  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. 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 3. This act shall take effect immediately.