senate Bill S3140

2013-2014 Legislative Session

Relates to preventing the unnecessary removal of children from a custodial parent who is the victim of domestic violence

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to children and families
Jan 30, 2013 referred to children and families

S3140 - Details

See Assembly Version of this Bill:
A2657
Law Section:
Family Court Act
Laws Affected:
Amd §§1022, 1024, 1028 & 1012, Fam Ct Act; amd §371, Soc Serv L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3314, A503
2009-2010: A1440

S3140 - Summary

Amends provisions of child protective proceedings to prevent the unnecessary removal of children from a custodial parent who is the victim of domestic violence.

S3140 - Sponsor Memo

S3140 - Bill Text download pdf

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

                                  3140

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 30, 2013
                               ___________

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

AN ACT to amend the family court act and the  social  services  law,  in
  relation  to  preventing  the  unnecessary  removal of children from a
  custodial parent who  is  the  victim  of  domestic  violence  without
  further evidence of neglect by such parent

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

  Section 1. Section 1022 of the family court act is amended by adding a
new subdivision (g) to read as follows:
  (G) THERE SHALL BE A PRESUMPTION THAT A  CUSTODIAL  PARENT  OR  PERSON
LEGALLY  RESPONSIBLE  FOR A CHILD IS A FIT PARENT AND CAPABLE OF RAISING
SUCH CHILD OR CHILDREN IN A SAFE AND APPROPRIATE MANNER.  AN  ALLEGATION
OR  FINDING  THAT THE CUSTODIAL PARENT OR PERSON LEGALLY RESPONSIBLE FOR
THE CHILD WAS THE VICTIM OF DOMESTIC VIOLENCE SHALL BE  INSUFFICIENT  TO
ESTABLISH AN IMMINENT RISK TO THE CHILD'S LIFE OR HEALTH WITHOUT FURTHER
EVIDENCE  THAT  THE  CHILD HAS BEEN ABUSED OR NEGLECTED BY THE VICTIM OF
THE DOMESTIC VIOLENCE.
  S 2. Section 1024 of the family court act is amended by adding  a  new
subdivision (a-1) to read as follows:
  (A-1)  THERE  SHALL BE A PRESUMPTION THAT A CUSTODIAL PARENT OR PERSON
LEGALLY RESPONSIBLE FOR A CHILD IS A FIT PARENT AND CAPABLE  OF  RAISING
SUCH  CHILD OR CHILDREN IN A SAFE AND APPROPRIATE MANNER.  AN ALLEGATION
OR FINDING THAT THE CUSTODIAL PARENT OR PERSON LEGALLY  RESPONSIBLE  FOR
THE  CHILD  WAS THE VICTIM OF DOMESTIC VIOLENCE SHALL BE INSUFFICIENT TO
ESTABLISH AN IMMINENT RISK TO THE CHILD'S LIFE OR HEALTH WITHOUT FURTHER
EVIDENCE THAT THE CHILD HAS BEEN ABUSED OR NEGLECTED BY  THE  VICTIM  OF
THE DOMESTIC VIOLENCE.
  S  3.  Section 1028 of the family court act is amended by adding a new
subdivision (g) to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00639-01-3

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