S T A T E O F N E W Y O R K
________________________________________________________________________
6360
2011-2012 Regular Sessions
I N A S S E M B L Y
March 15, 2011
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Introduced by M. of A. J. RIVERA, N. RIVERA, P. RIVERA, STEVENSON --
Multi-Sponsored by -- M. of A. BOYLAND, GABRYSZAK, GIBSON, McENENY,
M. MILLER, RAMOS, WEISENBERG -- read once and referred to the Commit-
tee on Judiciary
AN ACT to amend the family court act, in relation to requiring an attor-
ney for a child to record all interviews with such child and provide
courts with transcripts
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1075 of the family court act, as amended by chapter
41 of the laws of 2010, is amended to read as follows:
S 1075. Special duties of attorney for the child. In addition to all
other duties and responsibilities necessary to the representation of a
child who is the subject of a proceeding under this article, an attorney
for a child shall [upon]:
(A) UPON receipt of a report from a child protective agency pursuant
to sections one thousand thirty-nine, one thousand thirty-nine-a, one
thousand fifty-two-a, one thousand fifty-three, one thousand fifty-four,
one thousand fifty-five, one thousand fifty-seven and one thousand
fifty-eight OF THIS ARTICLE, review the information contained therein
and make a determination as to whether there is reasonable cause to
suspect that the child is at risk of further abuse or neglect or that
there has been a substantive violation of a court order. Where the
attorney for the child makes such a determination, the attorney shall
apply to the court for appropriate relief pursuant to section one thou-
sand sixty-one OF THIS ARTICLE. Nothing contained in this section shall
relieve a child protective agency or social services official of its
duties pursuant to this act or the social services law; AND
(B) RECORD ALL INTERVIEWS WITH SUCH CHILD AND SHALL PROVIDE TRAN-
SCRIPTS OF SUCH INTERVIEWS TO THE COURT PRIOR TO ANY PROCEEDINGS.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08978-01-1