S T A T E O F N E W Y O R K
________________________________________________________________________
4722
2011-2012 Regular Sessions
I N A S S E M B L Y
February 7, 2011
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Introduced by M. of A. McDONOUGH -- read once and referred to the
Committee on Children and Families
AN ACT to amend the executive law, in relation to requiring the super-
intendent of state police to develop and disseminate policies and
procedures in regard to notifying a non-custodial parent of a minor
child when such child has been the victim of violence or sexual abuse;
to amend the criminal procedure law, in relation to notifying a non-
custodial parent of the custodial parent's arrest for the commission
of a felony; and to amend the family court act, in relation to requir-
ing family courts to include such notice requirements within the text
of child custody determinations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 214-a of the executive law, as added by chapter 504
of the laws of 1988, is amended to read as follows:
S 214-a. Child abuse prevention. The superintendent shall, for all
members of the state police:
(1) develop, maintain and disseminate written policies and procedures
pursuant to title six of article six of the social services law and
applicable provisions of article ten of the family court act, regarding
the mandatory reporting of child abuse or neglect, reporting procedures
and obligations of persons required to report, provisions for taking a
child into protective custody, mandatory reporting of deaths, immunity
from liability, penalties for failure to report and obligations for the
provision of services and procedures necessary to safeguard the life or
health of the child; [and]
(2) DEVELOP, MAINTAIN AND DISSEMINATE WRITTEN POLICIES AND PROCEDURES
REGARDING MANDATORY NOTIFICATION TO A NON-CUSTODIAL PARENT OF A MINOR
CHILD WHEN SUCH MINOR CHILD HAS BEEN THE VICTIM OF A CRIME OF VIOLENCE
OR SEXUAL ABUSE; AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09061-01-1
A. 4722 2
(3) establish, and implement on an ongoing basis, a training program
for all current and new employees regarding the policies and procedures
established pursuant to this section.
S 2. Subdivision 9 of section 170.10 of the criminal procedure law, as
renumbered by chapter 449 of the laws of 1992, is renumbered subdivision
11 and two new subdivisions 9 and 10 are added to read as follows:
9. UPON THE ARRAIGNMENT, THE COURT SHALL INSTRUCT THE DEFENDANT THAT
IF THE DEFENDANT IS THE CUSTODIAL PARENT OF A CHILD, THE DEFENDANT SHALL
IMMEDIATELY MAKE AN APPROPRIATE PLAN FOR THE CHILD WHILE THE DEFENDANT
REMAINS IN CUSTODY. THE COURT SHALL FURTHER INSTRUCT THE DEFENDANT THAT
FAILURE TO MAKE AN APPROPRIATE PLAN FOR THE CHILD MAY BE CONSIDERED
CHILD NEGLECT AND/OR ABUSE PURSUANT TO ARTICLE TEN OF THE FAMILY COURT
ACT.
IF THE COURT DISCOVERS THAT THE DEFENDANT HAS LEFT A CHILD AT HOME
WITHOUT ADULT SUPERVISION, THE COURT SHALL IMMEDIATELY CONTACT THE
OFFICE OF CHILDREN AND FAMILY SERVICES.
10. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF A
PERSON IS CHARGED WITH THE COMMISSION OF A FELONY, THE COURT SHALL:
(A) UPON THE ARRAIGNMENT, INQUIRE WHETHER THE DEFENDANT IS THE CUSTO-
DIAL PARENT OF A MINOR CHILD. THE COURT SHALL EXERCISE DUE DILIGENCE IN
OBTAINING THE WHEREABOUTS AND CONTACT INFORMATION OF SUCH MINOR CHILD
AND THE NAME AND CONTACT INFORMATION OF THE NON-CUSTODIAL PARENT, IF
ANY. FOR PURPOSES OF THIS SUBDIVISION, "NON-CUSTODIAL PARENT" SHALL MEAN
ANY PERSON RECOGNIZED AS THE BIOLOGICAL PARENT OF A MINOR CHILD, INCLUD-
ING, BUT NOT LIMITED TO, PERSONS NAMED ON SUCH MINOR CHILD'S BIRTH
CERTIFICATE AND/OR NAMED WITHIN A CHILD SUPPORT OR CUSTODY/VISITATION
ORDER ISSUED BY A COURT OF COMPETENT JURISDICTION, AND WHO DOES NOT HAVE
PHYSICAL CUSTODY OF THE CHILD AT THE TIME OF THE PERSON'S ARREST; AND
(B) WITHIN TEN DAYS AFTER THE ARRAIGNMENT, CONTACT THE NON-CUSTODIAL
PARENT AND INFORM SUCH PARENT OF SUCH ARREST.
(C) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY WHERE AN ORDER
OF PROTECTION HAS BEEN ISSUED AGAINST THE NON-CUSTODIAL PARENT BY A
COURT OF COMPETENT JURISDICTION.
S 3. The family court act is amended by adding a new section 658 to
read as follows:
S 658. REQUIRED CONDITIONS TO A CHILD CUSTODY DETERMINATION WHEN A
PARTY TO THE CUSTODY AND/OR VISITATION PROCEEDING HAS BEEN PREVIOUSLY
ARRESTED ON A FELONY CHARGE. WHERE A PARTY TO A CUSTODY AND/OR VISITA-
TION PROCEEDING HAS BEEN PREVIOUSLY ARRESTED AND/OR CONVICTED ON A FELO-
NY CHARGE, THE COURT SHALL NOT ACCEPT OR ISSUE A CHILD CUSTODY DETERMI-
NATION WITHOUT REQUIRING THE FOLLOWING CONDITIONS:
(A) IF EITHER PARTY TO THE CUSTODY AND/OR VISITATION PROCEEDING IS
SUBSEQUENTLY ARRESTED ON A FELONY CHARGE, SUCH PARTY SHALL IMMEDIATELY
NOTIFY THE OTHER PARTY OF THEIR ARREST;
(B) IF EITHER PARTY TO THE CUSTODY AND/OR VISITATION PROCEEDING RELO-
CATES TO ANOTHER STATE, THE RELOCATING PARTY SHALL REGISTER THE CUSTODY
AND/OR VISITATION DETERMINATION WITH THE OTHER STATE WITHIN THIRTY DAYS
AFTER RELOCATION AND SUCH PARTY'S FAILURE TO REGISTER THE DETERMINATION
WITHIN THE SPECIFIED TIME PERIOD SHALL BE CONSIDERED A PER SE VIOLATION
OF THE CHILD CUSTODY DETERMINATION OF THIS STATE; AND
(C) BOTH PARTIES SHALL PROMPTLY NOTIFY THE STATE IN WHICH THE CHILD
CURRENTLY RESIDES OF ANY CHANGE IN ADDRESS AND/OR OTHER CONTACT INFORMA-
TION DEEMED APPROPRIATE.
S 4. This act shall take effect the first of January next succeeding
the date on which it shall have become a law.