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Assembly Bill A5429

2009-2010 Legislative Session

Relates to requiring family counseling in certain orders of protection

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Archive: Last Bill Status - In Assembly Committee

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2009-A5429 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Family Court Act
Laws Affected:
Amd ยง352.3, Fam Ct Act

2009-A5429 (ACTIVE) - Summary

Provides that a court may require family counseling in orders of protection in juvenile delinquency proceedings, when not inconsistent with the person's religious beliefs.

2009-A5429 (ACTIVE) - Bill Text download pdf 

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

                                  5429

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2009
                               ___________

Introduced  by  M. of A. ERRIGO, TOBACCO, FINCH -- Multi-Sponsored by --
  M. of A. WALKER -- read once and referred to the Committee on  Judici-
  ary

AN  ACT  to  amend the family court act, in relation to requiring family
  counseling in certain instances

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

  Section  1. Subdivision 1 of section 352.3 of the family court act, as
amended by chapter 532 of the laws  of  2008,  is  amended  to  read  as
follows:
  (1)  Upon  the  issuance  of an order pursuant to section 315.3 or the
entry of an order of disposition pursuant to section 352.2, a court  may
enter  an  order  of  protection  against  any respondent for good cause
shown. The order may require that the respondent: (a) stay away from the
home, school, business or place of employment  of  the  victims  of  the
alleged  offense; or (b) refrain from harassing, intimidating, threaten-
ing or otherwise interfering with the victim or victims of  the  alleged
offense  and  such  members of the family or household of such victim or
victims as shall be specifically named by the court in  such  order;  or
(c)  refrain  from intentionally injuring or killing, without justifica-
tion, any companion animal the respondent knows to be owned,  possessed,
leased,  kept  or  held  by the person protected by the order or a minor
child residing in such person's household. "Companion animal",  as  used
in  this subdivision, shall have the same meaning as in subdivision five
of section three hundred fifty of the agriculture and  markets  law;  OR
(D) TO PARTICIPATE IN FAMILY COUNSELING WITH THE RESPONDENT'S PARENTS OR
OTHER  LEGAL  GUARDIAN,  OR  OTHER  PROFESSIONAL  COUNSELING  ACTIVITIES
CONDUCTED BY AN AUTHORIZED PERSON OR AN AUTHORIZED AGENCY TO  WHICH  THE
CHILD  HAS BEEN REFERRED OR PLACED, INCLUDING THE OFFICE OF CHILDREN AND
FAMILY SERVICES, DEEMED NECESSARY FOR THE REHABILITATION OF  THE  CHILD,
PROVIDED THAT SUCH FAMILY COUNSELING OR OTHER COUNSELING ACTIVITY IS NOT
CONTRARY TO SUCH PERSON OR PERSONS' RELIGIOUS BELIEFS.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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