NY State Senate Bill S5202A

Archive: Last Bill Status - Passed Senate

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

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Actions

view actions (18)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 27, 2014	referred to children and families delivered to assembly passed senate
Mar 19, 2014	advanced to third reading
Mar 18, 2014	2nd report cal.
Mar 17, 2014	1st report cal.286
Feb 19, 2014	print number 5202a
Feb 19, 2014	amend and recommit to children and families
Jan 08, 2014	referred to children and families returned to senate died in assembly
Jun 04, 2013	referred to children and families delivered to assembly passed senate
Jun 03, 2013	advanced to third reading
May 30, 2013	2nd report cal.
May 29, 2013	1st report cal.786
May 14, 2013	referred to children and families

Votes

view votes

Mar 27, 2014 - floor Vote

S5202A

floor

Aye

Nay

Absent

Excused

Abstained

Mar 17, 2014 - Children and Families committee Vote

S5202A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jun 4, 2013 - floor Vote

S5202

floor

Aye

Nay

Absent

Excused

Abstained

May 29, 2013 - Children and Families committee Vote

S5202

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

A (Active)

Original

A (Active)

S5202 - Details

Current Committee:: Assembly Children And Families
Law Section:: Family Court Act
Laws Affected:: Amd §§634, 1029, 1056, 1072 & 1089, Fam Ct Act; amd §384-b, Soc Serv L; amd §221-a, Exec L

S5202 - Summary

Relates to orders of protection in termination of parental rights proceedings, child protective proceedings and permanency hearings regarding children freed for adoption.

S5202 - Sponsor Memo

BILL NUMBER:S5202

TITLE OF BILL:  An act to amend the family court act, the social
services law and the executive law, in relation to orders of
protection in termination of parental rights proceedings, child
protective proceedings and permanency hearings regarding children
freed for adoption

This is one in a series of measures being introduced at the request of
the Chief Administrative Judge upon the recommendation of her Family
Court Advisory and Rules Committee.

Generally, the conclusion of a termination of parental rights
proceeding marks the beginning of a new phase for a child in foster
care, a significant step toward a stable, permanent home, most often
through adoption. Sometimes, particularly in the case of kinship
adoptions or mediated agreements, permanency is achieved with the
understanding, agreed upon by everyone involved, that some contact
should continue with the child's birth family and that such contact
would be in the child's ,best interests. However, in some instances,
continuing contact with the birth family would endanger the child and
destabilize his or her new family. Indeed, in rare cases, stalking
behavior by disturbed birth parents has posed a serious impediment to
adoption of their children, causing ambivalence in prospective
adoptive parents about whether to finalize an adoption and serious
upset and harm to the children themselves. Unfortunately, since

prospective adoptive or foster parents do not meet the definition of
family under Article 8 of the Family Court Act, the current statutory
structure provides no vehicle to protect children and their new
families short of criminal prosecution for a non-family offense.

Another problem for victims of family violence, both adults and
children, in child protective cases is the heavy burden created by the
extremely short duration of orders of protection against family
members, a period far shorter than applicable periods for orders in
family offense, custody, visitation, child support and paternity
proceedings. Section 1056(1) of the Family Court Act authorizes an
order of protection against respondent parents, persons legally
responsible for a child's care and such persons' spouses in child
neglect and abuse proceedings to last only as long as a child
protective dispositional order.

See Matter of Kole HH, 84 A.D.3d 1518 (3rd Dept., 2011); Matter of
Patricia B., 61 A.D.3d 861 (2d Dept., 2009), Iva app; denied, 13
N.Y.3d 713 (2009); Matter ofAndrew Y., 44 A.D.3d 1063 (2d Dept.,
2007); Matter of Candace S., 38 A.D.3d 786 (2d Dept., 2007), lye.
app. denied, 9 N.Y.3d 805 (2007); Matter of Amanda WW, 43 A.D.3d 1256
(3rd Dept., 2007); Matter of Collin H., 28 A.D.3d 806 (3'd Dept.,
2006). Dispositions in child protective cases include, inter alio,
release of a child under supervision for one year, subject to a
one-year extension, or placement of a child until the next permanency
hearing. Permanency hearings must be convened for children in foster
care, as well as children directly placed with relatives and other
"suitable persons," once they have been in care for eight months and
then every six months thereafter. See Family Court Act §§ 1052, 1054,
1055, 1057, 1089. These time limits are in sharp contrast to the
duration limits of family offense orders of protection, which were


extended by the Legislature in 2003 to up to two years or, if
aggravating circumstances or a violation of an order of protection are
found, up to five years. See Family Court Act § 842 (L. 2003, c.
579). Orders of protection in custody, visitation and other civil
proceedings in Supreme and Family Court may last for specified periods
until the youngest child in the household reaches majority.

This measure would create a Family Court remedy for these
deficiencies. First, it would amend the termination of parental rights
and permanent neglect statutes, Family Court Act § 634 and Social
Services Law § 384-b, to add authority for Family Court, for good
cause after giving the birth parent notice and an opportunity to be
heard, to issue an order of protection in conjunction with an order of
disposition committing guardianship and custody of the child. The
order of protection may, among other conditions, bar a birth parent
from contact with the child and the child's foster or pre-adoptive
parent and may last for a period of up to five years or until the date
on which the youngest child in the household turns eighteen, whichever
is earlier. Second, this measure would amend Family Court Act § 1089
to authorize issuance of such an order as part of the disposition of a
permanency hearing. Third, the measure would amend Family Court Act
1056 to add a condition to orders of protection in child protective
proceedings requiring respondent to stay away, inter alia, from a
"person with whom the child has been paroled, remanded, placed or
released by the court..."

That children and their new families are sometimes in critical need of
these protections is clear. Family Courts have had tragic cases in
which disturbed birth parents, whose rights had been terminated,
contacted children at their schools, followed them home from school,
accosted them when playing outside their homes, called them repeatedly
on their cell-phones and scared them at home upon having a third party
knock on their door on a pretext. While not frequent, such instances
cry out for legal remedies. Families in such situations should not be
forced to pursue criminal prosecutions as their only means of
obtaining relief to keep their children and families safe.

Fourth, as the law now provides for orders of protection in family
offense cases, this measure would permit such orders issued in child
protective proceedings against respondent parents to last up to two
years or, or, upon findings of aggravating circumstances or a
violation of an order of protection, up to five years. Such orders
could be extended upon judicial review, with notice to all affected
parties, in the context of a permanency hearing under Article 10-A of
the Family Court Act or other post-dispositional proceeding under
Article 10. Orders of protection against non-parents could last for
any designated period up until the eighteenth birthday of the youngest
child in the household pursuant to section 1056(4) of the Family Court
Act. To provide an avenue for review, this measure would explicitly
permit a restrained party to return to court for modification or
vacatur of an order of protection upon a showing of a substantial
change of circumstances.  Concomitantly, orders of protection in
permanent neglect and other termination of parental rights proceedings
could be issued for periods of up to five years. These provisions for
time-limited orders would, therefore, meet the criticisms voiced by
the Court of Appeals in Matter of Sheena D., 8 N.Y.3d 136 (2007),


regarding lengthy orders of protection not subject to judicial
scrutiny.

Finally, to optimize their effectiveness, this measure would require
all of these orders of protection to be entered onto the statewide
registry of orders of protection and warrants. The importance of such
entry cannot be overemphasized. Domestic violence often is
inextricably linked with child abuse and victims of domestic violence
in child abuse and neglect cases, including victims who may be
respondents in these proceedings, require as much protection from
their abusers as in other proceedings*. If a child neglect proceeding
is brought against an abuser, the order of protection issued to
protect both the abuse victim and the children should provide as much
protection as orders of protection issued in family offense and all
other cases - a precept that compels inclusion of the order on the
statewide domestic violence registry and, consequently, on the Federal
"Protection Order File" as well. That domestic violence and child
abuse frequently coexist in homes has been widely recognized, with
estimates of the overlap ranging from 40% to 60%.** Research has
estimated that children are abused at a rate 1,500 times higher than
the national average in homes where domestic violence is also
present.*** Significantly, child sexual abuse has also been closely
correlated with domestic violence.****Therefore, inclusion of orders
of protection in such cases on the registry will significantly advance
the Legislature's goal of providing an integrated response in all
family violence cases and of protecting all victims of domestic abuse,
both parents and children, from suffering further violence.  This
measure, which would have no fiscal impact upon the State, would take
effect 90 days after becoming a law.

Legislative History: None. New proposal.

*Victims of domestic violence may not be charged with child neglect by
reason of their children's exposure to domestic violence, unless they
have failed to exercise a minimum degree of care and unless the child
is thereby placed in imminent risk of impairment. Nicholson v.
Scoppetta, 3 N.Y.3d 357 (2004).  However, there are respondents in
neglect and abuse proceedings, who are themselves also victims of
family offenses, who should be able to obtain protection for
themselves and their children without the burden of initiating
separate family offense proceedings in order to obtain this relief

**See "The Impact of Domestic Violence on Children: A Report to the
President of the American Bar Association" (Amer. Bar Assoc., 1994),
p. 18; "Diagnostic and Treatment Guidelines on Domestic Violence"
(Amer. Medical Assoc.,1992). See also M, Fields, "The Impact of Spouse
Abuse on Children, and its Relevance in Custody and Visitation
Decisions in New York State," 3 Cornell J. of Law and Pub. Policy 222,
224 (1994); A. tones, Next Time She'll be Dead 84 (1994) (citing, E.
Stark and A. Flitcraft, "Women and Children at Risk: A Feminist
Perspective on Child Abuse," 1B Ina J. Health Services 1:97 (1988);
1.. McKibben, et al., "Victimization of Mothers of Abused Children: A
Controlled Study," 84 Pediatrics
3 (1989); L. Walker, The Battered Woman Syndrome 59 (1984)).

***"The Violence Against Women Act of 1990: Hearings on S. 2754,"
Senate Committee on the judiciary, Report 1-545, 101st Cong., 2d Sess.


37 (1990) (cited in). Zorza, "Woman Battering: A Major Cause of
Homelessness," Clearinghouse Review (Special Issue, 1991)).

****L. Hoff, Battered Women as Survivors 240 (1990); M. Roy, Children
in the Crossfire 89-90 (1988); Hewitt and Friedrich, "Effects of
Probable Sexual Abuse on Preschool Children," in M.Q. Patton, ed.,
Family Sexual Abuse 59-74 (1991) (cited in J. Zorza, supra, at
424-425).

S5202 - Bill Text download pdf

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

                                  5202

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 14, 2013
                               ___________

Introduced by Sen. FELDER -- (at request of the Office of Court Adminis-
  tration)  --  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, the social services  law  and  the
  executive  law,  in relation to orders of protection in termination of
  parental rights proceedings, child protective proceedings and  perman-
  ency hearings regarding children freed for adoption

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

  Section 1. Section 634 of the family court act, as amended by  chapter
666 of the laws of 1976, is amended to read as follows:
  S  634.  Commitment  of  guardianship and custody; further orders. The
court may enter an order under section six hundred  thirty-one  OF  THIS
ARTICLE  committing  the  guardianship  and  custody of the child to the
petitioner on such conditions, if any, as  it  deems  proper.  FOR  GOOD
CAUSE  SHOWN,  THE  COURT  MAY ISSUE A TEMPORARY ORDER OF PROTECTION OR,
UPON DISPOSITION, AN ORDER OF PROTECTION TO PROTECT THE  CHILD  AND  THE
CHILD'S  FOSTER  OR  PRE-ADOPTIVE PARENT OR PARENTS AND OTHER DESIGNATED
MEMBERS OF THE HOUSEHOLD IN WHICH  THE  CHILD  RESIDES.  THE  ORDER  MAY
DIRECT THE RESPONDENT TO OBSERVE REASONABLE CONDITIONS THAT MAY INCLUDE,
AMONG  OTHERS, THAT THE RESPONDENT STAY AWAY FROM THE CHILD AND FROM THE
HOME, SCHOOL, BUSINESS OR PLACE  OF  EMPLOYMENT  OF  THE  CHILD  OR  THE
CHILD'S  FOSTER  OR  PRE-ADOPTIVE  PARENT OR PARENTS OR OTHER DESIGNATED
MEMBERS OF THE HOUSEHOLD IN WHICH THE CHILD RESIDES.  PRIOR  TO  ISSUING
THE  ORDER,  THE  COURT  SHALL  INQUIRE AS TO THE EXISTENCE OF ANY OTHER
ORDERS OF PROTECTION INVOLVING THE PARTIES AND SHALL GIVE THE RESPONDENT
NOTICE AND AN OPPORTUNITY TO BE HEARD. THE COURT SHALL STATE ITS REASONS
ON THE RECORD FOR ISSUING THE ORDER. AN ORDER OF PROTECTION ISSUED UNDER
THIS SECTION MAY REMAIN IN EFFECT FOR A PERIOD OF UP TO  FIVE  YEARS  OR
UNTIL  THE  YOUNGEST  CHILD  IN THE HOUSEHOLD IN WHICH THE CHILD RESIDES
REACHES THE AGE OF EIGHTEEN  YEARS  OF  AGE,  WHICHEVER  IS  EARLIER.  A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09912-01-3

S. 5202                             2

VIOLATION  OF  AN  ORDER  ISSUED  UNDER THIS SECTION MAY BE ADDRESSED IN
ACCORDANCE WITH SUBDIVISION TWO OF SECTION ONE THOUSAND  SEVENTY-TWO  OF
THIS CHAPTER.
  S  2.  Subdivision  (a)  of  section  1029 of the family court act, as
amended by chapter 41 of the  laws  of  2010,  is  amended  to  read  as
follows:
  (a) The family court, upon the application of any person who may orig-
inate a proceeding under this article, for good cause shown, may issue a
temporary  order of protection, before or after the filing of such peti-
tion, which may contain any of the provisions authorized on  the  making
of  an  order of protection under section one thousand fifty-six OF THIS
ARTICLE AND MUST CONFORM TO ALL OF THE  REQUIREMENTS  OF  THAT  SECTION.
PRIOR TO ISSUING A TEMPORARY ORDER OF PROTECTION UNDER THIS SECTION, THE
COURT  SHALL  INQUIRE  AS  TO  THE  EXISTENCE  OF  ANY  OTHER  ORDERS OF
PROTECTION INVOLVING THE PARTIES.  If such order is granted  before  the
filing  of  a  petition  and  a petition is not filed under this article
within ten days from the granting of such  order,  the  order  shall  be
vacated. In any case where a petition has been filed and an attorney for
the  child  has been appointed, such attorney may make application for a
temporary order  of  protection  pursuant  to  the  provisions  of  this
section.
  S  3.  The  opening  paragraph and paragraph (a) of subdivision 1, and
subdivisions 2 and 4 of section 1056 of the family court act, the  open-
ing  paragraph of subdivision 1 as amended by and subdivision 4 as added
by chapter 622 of the laws of 1990, paragraph (a) of  subdivision  1  as
amended by chapter 483 of the laws of 1995, and subdivision 2 as amended
by chapter 220 of the laws of 1989, are amended to read as follows:
  The  court may [make] ISSUE an order of protection in assistance or as
a condition of any other order made under this  part.  [Such]  PRIOR  TO
ISSUING  AN  ORDER  OF  PROTECTION  UNDER  THIS SECTION, THE COURT SHALL
INQUIRE AS TO THE EXISTENCE OF ANY OTHER ORDERS OF PROTECTION  INVOLVING
THE  PARTIES. EXCEPT AS PROVIDED IN SUBDIVISION FOUR OF THIS SECTION, AN
order of protection [shall] ISSUED UNDER  THIS  SECTION  MAY  remain  in
effect  [concurrently  with,  shall  expire no later than the expiration
date of, and] FOR A PERIOD OF UP TO TWO YEARS OR,  IF  THE  COURT  FINDS
AGGRAVATING  CIRCUMSTANCES  AS DEFINED IN PARAGRAPH (VII) OF SUBDIVISION
(A) OF SECTION EIGHT HUNDRED TWENTY-SEVEN OF THIS ACT OR  IF  THE  COURT
FINDS  THAT THE RESPONDENT HAS VIOLATED AN ORDER OF PROTECTION, A PERIOD
OF UP TO FIVE YEARS. THE ORDER OF PROTECTION may be extended concurrent-
ly with, [such other] ANOTHER order  [made]  ISSUED  under  this  [part]
ARTICLE OR ARTICLE TEN-A OF THIS ACT[, except as provided in subdivision
four  of this section]. The order of protection may set forth reasonable
conditions of behavior to be observed for a specified time by  a  person
who  is before the court and is a parent or a person legally responsible
for the child's care or the spouse of the parent or other person legally
responsible for the child's care, or both. Such an order may require any
such person:
  (a) to stay away from the home, school, business or place  of  employ-
ment  of  the other spouse, parent or person legally responsible for the
child's care, PERSON WITH WHOM THE CHILD HAS BEEN  REMANDED,  PLACED  OR
RELEASED  BY  THE  COURT  or  the child, and to stay away from any other
specific location designated by the court;
  2. [The] WHERE THE court [may also] HAS DETERMINED, IN ACCORDANCE WITH
THE REQUIREMENTS OF SECTION ONE THOUSAND SEVENTEEN OR PART TWO  OF  THIS
ARTICLE OR, AS APPLICABLE, SECTIONS ONE THOUSAND FIFTY-TWO AND ONE THOU-
SAND  FIFTY-FIVE  OF THIS ARTICLE, TO award custody of the child, during

S. 5202                             3

the term of the TEMPORARY order of protection OR ORDER OF PROTECTION, AS
APPLICABLE, to [either] A NON-RESPONDENT parent, or  to  an  appropriate
relative  [within  the  second  degree] OR SUITABLE PERSON, THE AWARD OF
CUSTODY MAY BE INCLUDED IN THE ORDER OF PROTECTION OR TEMPORARY ORDER OF
PROTECTION,  AS  APPLICABLE.    Nothing  in this section gives the court
power to place or board out any child or to commit a child to an  insti-
tution or agency. In making orders of protection, the court shall so act
as  to  insure that in the care, protection, discipline and guardianship
of the  child  his  OR  HER  religious  faith  shall  be  preserved  and
protected.
  4.  The  court  may  enter an order of protection independently of any
other order made under this part, against a [person] RESPONDENT  who  IS
OR was [a member of the child's household or] a person legally responsi-
ble  FOR  THE  CHILD'S CARE as defined in section one thousand twelve of
this [chapter] ARTICLE, and who is [no longer a member of such household
at the time of the disposition and who is]  not  [related  by  blood  or
marriage  to]  A  PARENT OF the child [or a member of the child's house-
hold]. An order of protection entered pursuant to this  subdivision  may
be for any period of time up to the [child's] eighteenth birthday OF THE
YOUNGEST CHILD IN THE CHILD'S HOUSEHOLD and upon such conditions as [the
court deems necessary and proper to protect the health and safety of the
child  and  the  child's caretaker] ARE AUTHORIZED BY SUBDIVISION ONE OF
THIS SECTION. THE PERSON RESTRAINED BY THE ORDER OF PROTECTION MAY, UPON
A SHOWING OF A SUBSTANTIAL CHANGE OF CIRCUMSTANCES, MOVE  FOR  MODIFICA-
TION OR VACATUR OF THE ORDER.
  S  4. Section 1072 of the family court act, as amended by chapter 1039
of the laws of 1973 and the opening paragraph as amended by chapter  437
of the laws of 2006, is amended to read as follows:
  S  1072. Failure to comply with terms and conditions of supervision OR
ORDER OF PROTECTION.
  1. If, prior to the expiration of the period of  an  order  of  super-
vision  pursuant  to  section  one  thousand  fifty-four or one thousand
fifty-seven of this article, a motion or order to show  cause  is  filed
that  alleges  that  a  parent or other person legally responsible for a
child's care violated the terms and conditions of  an  order  of  super-
vision  issued  under  section  one  thousand fifty-four or one thousand
fifty-seven of this article, the period  of  the  order  of  supervision
shall  be  tolled  pending  disposition  of  the motion or order to show
cause. If, after hearing, the court is satisfied by competent proof that
the parent or other person violated the order of  supervision  willfully
and without just cause, the court may:
  (a)  revoke  the order of supervision [or of protection] and enter any
order that might have been made at the time the order of supervision  or
of protection was made, or
  (b)  commit  the parent or other person who willfully and without just
cause violated the order to jail for a term not to exceed six months.
  2.  PRIOR TO THE EXPIRATION OF THE PERIOD OF AN ORDER OF PROTECTION OR
TEMPORARY ORDER OF PROTECTION ISSUED PURSUANT  TO  SECTION  SIX  HUNDRED
THIRTY-FOUR,  ONE  THOUSAND  TWENTY-NINE, ONE THOUSAND FIFTY-SIX  OR ONE
THOUSAND EIGHTY-NINE OF THIS ARTICLE OR SUBDIVISION THIRTEEN OF  SECTION
THREE  HUNDRED  EIGHTY-FOUR-B  OF  THE  SOCIAL SERVICES LAW, A MOTION OR
ORDER TO SHOW CAUSE MAY BE FILED THAT ALLEGES THAT A  RESPONDENT  PARENT
OR  OTHER  PERSON  LEGALLY  RESPONSIBLE  FOR A CHILD'S CARE VIOLATED THE
TERMS AND CONDITIONS OF SUCH ORDER WILLFULLY AND WITHOUT JUST CAUSE. IF,
AFTER HEARING, THE COURT IS SATISFIED BY COMPETENT PROOF THAT THE PARENT

S. 5202                             4

OR OTHER PERSON VIOLATED THE ORDER OF PROTECTION OR TEMPORARY  ORDER  OF
PROTECTION WILLFULLY AND WITHOUT JUST CAUSE, THE COURT MAY:
  (A)  REVOKE  OR  MODIFY  THE ORDER OF PROTECTION OR TEMPORARY ORDER OF
PROTECTION AND ENTER ANY ORDER THAT MIGHT HAVE BEEN  MADE  AT  THE  TIME
SUCH ORDER HAD BEEN ISSUED, OR
  (B)   ISSUE   AN  ORDER  IN  ACCORDANCE  WITH  SECTION  EIGHT  HUNDRED
FORTY-TWO-A OR EIGHT HUNDRED FORTY-SIX-A OF THIS ACT.
  S 5. Clause (D) of subparagraph (viii) of paragraph 2  of  subdivision
(d)  of  section 1089 of the family court act, as added by section 27 of
part A of chapter 3 of the laws of 2005, is amended to read as follows:
  (D) [The] IN THE CASE OF A CHILD WHO HAS NOT BEEN FREED FOR  ADOPTION,
THE  court  may  make  an order of protection in the manner specified by
section one thousand fifty-six of this [act] CHAPTER in assistance or as
a condition of any other order made under this  section.  The  order  of
protection  may  set  forth  reasonable  conditions  of  behavior  to be
observed for a specified period of time by a person before the court FOR
THE PROTECTION OF THE CHILD  AND  THE  CHILD'S  FOSTER  OR  PRE-ADOPTIVE
PARENT OR PARENTS AND OTHER DESIGNATED MEMBERS OF THE HOUSEHOLD IN WHICH
THE  CHILD  RESIDES.  PRIOR TO ISSUING AN ORDER OF PROTECTION UNDER THIS
SECTION, THE COURT SHALL INQUIRE AS TO THE EXISTENCE OF ANY OTHER ORDERS
OF PROTECTION INVOLVING THE PARTIES AND THE CHILD.  IN  THE  CASE  OF  A
CHILD  FREED FOR ADOPTION, THE COURT, FOR GOOD CAUSE SHOWN, MAY ISSUE AN
ORDER OF PROTECTION DIRECTING A PERSON WHOSE PARENTAL  RIGHTS  HAD  BEEN
TERMINATED  OR  SURRENDERED  TO OBSERVE REASONABLE CONDITIONS ENUMERATED
THEREIN IN ORDER TO PROTECT THE CHILD AND THE CHILD'S FOSTER  OR  PRE-A-
DOPTIVE  PARENT OR PARENTS AND OTHER DESIGNATED MEMBERS OF THE HOUSEHOLD
IN WHICH THE CHILD RESIDES. THE CONDITIONS MAY  INCLUDE,  AMONG  OTHERS,
THAT  SUCH  PERSON  SHALL  STAY  AWAY  FROM THE CHILD AND FROM THE HOME,
SCHOOL, BUSINESS OR PLACE OF EMPLOYMENT OF  THE  CHILD  OR  THE  CHILD'S
FOSTER  OR PRE-ADOPTIVE PARENT OR PARENTS OR OTHER DESIGNATED MEMBERS OF
THE HOUSEHOLD IN WHICH THE CHILD RESIDES. THE ORDER MAY ONLY  BE  ISSUED
AFTER  THE  PERSON  OR  PERSONS  RESTRAINED BY THE ORDER HAVE BEEN GIVEN
NOTICE AND AN OPPORTUNITY TO BE HEARD. THE COURT SHALL STATE ITS REASONS
ON THE RECORD FOR ISSUING THE ORDER. IN THE CASE OF A  CHILD  FREED  FOR
ADOPTION  OR  FOR  WHOM  A  TERMINATION OF PARENTAL RIGHTS PROCEEDING IS
PENDING, THE COURT MAY ISSUE AN ORDER OF PROTECTION OR  TEMPORARY  ORDER
OF PROTECTION, AS APPLICABLE, IN ACCORDANCE WITH SUBDIVISION THIRTEEN OF
SECTION  THREE  HUNDRED  EIGHTY-FOUR-B  OF  THE  SOCIAL  SERVICES LAW. A
VIOLATION OF AN ORDER ISSUED UNDER THIS  SECTION  MAY  BE  ADDRESSED  IN
ACCORDANCE  WITH  SUBDIVISION TWO OF SECTION ONE THOUSAND SEVENTY-TWO OF
THIS CHAPTER.
  S 6. Section 384-b of the social services law is amended by  adding  a
new subdivision 14 to read as follows:
  14.  FOR  GOOD  CAUSE  SHOWN, THE COURT MAY ISSUE A TEMPORARY ORDER OF
PROTECTION OR, UPON DISPOSITION, AN ORDER OF PROTECTION TO  PROTECT  THE
CHILD AND THE CHILD'S FOSTER OR PRE-ADOPTIVE PARENT OR PARENTS AND OTHER
DESIGNATED  MEMBERS  OF  THE  HOUSEHOLD IN WHICH THE CHILD RESIDES.  THE
ORDER MAY DIRECT THE RESPONDENT TO OBSERVE  REASONABLE  CONDITIONS  THAT
MAY  INCLUDE, AMONG OTHERS, THAT THE RESPONDENT STAY AWAY FROM THE CHILD
AND FROM THE HOME, SCHOOL, BUSINESS OR PLACE OF EMPLOYMENT OF THE  CHILD
OR  THE CHILD'S FOSTER OR PRE-ADOPTIVE PARENT OR PARENTS OR OTHER DESIG-
NATED MEMBERS OF THE HOUSEHOLD IN WHICH  THE  CHILD  RESIDES.  PRIOR  TO
ISSUING  THE  ORDER,  THE COURT SHALL INQUIRE AS TO THE EXISTENCE OF ANY
OTHER ORDERS OF PROTECTION INVOLVING THE  PARTIES  AND  SHALL  GIVE  THE
RESPONDENT  NOTICE AND AN OPPORTUNITY TO BE HEARD. THE COURT SHALL STATE
ITS REASONS ON THE RECORD FOR ISSUING THE ORDER. AN ORDER OF  PROTECTION

S. 5202                             5

ISSUED  UNDER  THIS  SECTION  MAY REMAIN IN EFFECT FOR A PERIOD OF UP TO
FIVE YEARS OR UNTIL THE YOUNGEST CHILD IN THE  HOUSEHOLD  IN  WHICH  THE
CHILD  RESIDES  REACHES  THE  AGE OF EIGHTEEN YEARS OF AGE, WHICHEVER IS
EARLIER.  A  VIOLATION  OF  AN  ORDER  ISSUED  UNDER THIS SECTION MAY BE
ADDRESSED IN ACCORDANCE WITH SUBDIVISION TWO  OF  SECTION  ONE  THOUSAND
SEVENTY-TWO OF THE FAMILY COURT ACT.
  S 7. Subdivision 1 of section 221-a of the executive law, as separate-
ly  amended by sections 14 and 67 of part A of chapter 56 of the laws of
2010, is amended to read as follows:
  1. The superintendent, in consultation with the division  of  criminal
justice services, THE office of court administration, and the office for
the  prevention of domestic violence, shall develop a comprehensive plan
for the establishment and maintenance of a statewide computerized regis-
try of all orders of protection issued pursuant to articles four,  five,
six  [and],  eight, TEN AND TEN-A of the family court act, SECTION THREE
HUNDRED EIGHTY-FOUR-B OF THE SOCIAL SERVICES LAW, section 530.12 of  the
criminal  procedure law and, insofar as they involve victims of domestic
violence as defined by section four hundred fifty-nine-a of  the  social
services  law, section 530.13 of the criminal procedure law and sections
two hundred forty and two hundred fifty-two of  the  domestic  relations
law, and orders of protection issued by courts of competent jurisdiction
in  another state, territorial or tribal jurisdiction, special orders of
conditions issued pursuant to subparagraph (i) or (ii) of paragraph  (o)
of subdivision one of section 330.20 of the criminal procedure law inso-
far  as they involve a victim or victims of domestic violence as defined
by subdivision one of section four hundred fifty-nine-a  of  the  social
services  law  or  a  designated  witness  or witnesses to such domestic
violence, and all warrants  issued  pursuant  to  sections  one  hundred
fifty-three  and eight hundred twenty-seven of the family court act, and
arrest and bench warrants as defined in subdivisions twenty-eight, twen-
ty-nine and thirty of section 1.20 of the criminal procedure law,  inso-
far as such warrants pertain to orders of protection or temporary orders
of  protection;  provided,  however,  that  warrants  issued pursuant to
section one hundred fifty-three of the family court  act  pertaining  to
articles  three[,] AND seven [and ten] of such act and section 530.13 of
the criminal procedure law shall not be included in  the  registry.  The
superintendent  shall  establish  and  maintain  such  registry  for the
purposes of ascertaining the existence of orders of  protection,  tempo-
rary  orders  of  protection, warrants and special orders of conditions,
and for enforcing the provisions of paragraph (b) of subdivision four of
section 140.10 of the criminal procedure law.
  S 8. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

S5202A (ACTIVE) - Details

Current Committee:: Assembly Children And Families
Law Section:: Family Court Act
Laws Affected:: Amd §§634, 1029, 1056, 1072 & 1089, Fam Ct Act; amd §384-b, Soc Serv L; amd §221-a, Exec L

S5202A (ACTIVE) - Summary

Relates to orders of protection in termination of parental rights proceedings, child protective proceedings and permanency hearings regarding children freed for adoption.

S5202A (ACTIVE) - Sponsor Memo

BILL NUMBER:S5202A

TITLE OF BILL:  An act to amend the family court act, the social
services law and the executive law, in relation to orders of
protection in termination of parental rights proceedings, child
protective proceedings and permanency hearings regarding children
freed for adoption

This is one in a series of measures being introduced at the request of
the Chief Administrative Judge upon the recommendation of her Family
Court Advisory and Rules Committee.

Generally, the conclusion of a termination of parental rights
proceeding marks the beginning of a new phase for a child in foster
care, a significant step toward a stable, permanent home, most often
through adoption. Sometimes, particularly in the case of kinship
adoptions or mediated agreements, permanency is achieved with the
understanding, agreed upon by everyone involved, that some contact
should continue with the child's birth family and that such contact
would be in the child's best interests. However, in some instances,
continuing contact with the birth family would endanger the child and
destabilize his or her new family. Indeed, in rare cases, stalking
behavior by disturbed birth parents has posed a serious impediment to
adoption of their children, causing ambivalence in prospective
adoptive parents about whether to finalize an adoption and serious
upset and harm to the children themselves. Unfortunately, since

prospective adoptive or foster parents do not meet the definition of
family under Article 8 of the Family Court Act, the current statutory
structure provides no vehicle to protect children and their new
families short of criminal prosecution for a non-family offense.

Another problem for victims of family violence, both adults and
children, in child protective cases is the heavy burden created by the
extremely short duration of orders of protection against family
members, a period far shorter than applicable periods for orders in
family offense, custody, visitation, child support and paternity
proceedings. Section 1056(1) of the Family Court Act authorizes an
order of protection against respondent parents, persons legally
responsible for a child's care and such persons' spouses in child
neglect and abuse proceedings to last only as long as a child
protective dispositional order.

See Matter of Kole HH, 84 A.D.3d 1518 (3rd Dept., 2011); Matter of
Patricia B., 61 A.D.3d 861 (2d Dept., 2009), lye. app. denied, 13
N.Y.3d 713 (2009); Matter of Andrew Y., 44 A.D.3d 1063 (2d Dept.,
2007); Matter of Candace S., 38 A.D.3d 786 (2d Dept., 2007), lye.
app. denied, 9 N.Y.3d 805 (2007); Matter of Amanda WW., 43 A.D.3d 1256
(3rd Dept., 2007); Matter of Collin H., 28 A.D.3d 806 (3rd Dept.,
2006). Dispositions in child protective cases include, inter alia,
release of a child under supervision for one year, subject to a
one-year extension, or placement of a child until the next permanency
hearing. Permanency hearings must be convened for children in foster
care, as well as children directly placed with relatives and other
"suitable persons," once they have been in care for eight months and
then every six months thereafter. See Family Court Act §§ 1052,1054,
1055, 1057, 1089. These time limits are in sharp contrast to the
duration limits of family offense orders of protection, which were


extended by the Legislature in 2003 to up to two years or, if
aggravating circumstances or a violation of an order of protection are
found, up to five years. See Family Court Act § 842 (L. 2003, c.
579). Orders of protection in custody, visitation
 and other civil proceedings in Supreme and Family Court may last for
specified periods until the youngest child in the household reaches
majority.

This measure would create a Family Court remedy for these
deficiencies. First, it would amend the termination of parental rights
and permanent neglect statutes, Family Court Act § 634 and Social
Services Law § 384-b, to add authority for Family Court, for good
cause after giving the birth parent notice and an opportunity to be
heard, to issue an order of protection in conjunction with an order of
disposition committing guardianship and custody of the child. The
order of protection may, among other conditions, bar a birth parent
from contact with the child and the child's foster or pre-adoptive
parent and may last for a period of up to five years or until the date
on which the youngest child in the household turns eighteen, whichever
is earlier. Second, this measure would amend Family Court Act § 1089
to authorize issuance of such an order as part of the disposition of a
permanency hearing. Third, the measure would amend Family Court Act
1056 to add a condition to orders of protection in child protective
proceedings requiring respondent to stay away, inter alia, from a
"person with whom the child has been paroled, remanded, placed or
released by the court..."

That children and their new families are sometimes in critical need of
these protections is clear. Family Courts have had tragic cases in
which disturbed birth parents, whose rights had been terminated,
contacted children at their schools, followed them home from school,
accosted them when playing outside their homes, called them repeatedly
on their cell-phones and scared them at home upon having a third party
knock on their door on a pretext. While not frequent, such instances
cry out for legal remedies. Families in such situations should not be
forced to pursue criminal prosecutions as their only means of
obtaining relief to keep their children and families safe.

Fourth, as the law now provides for orders of protection in family
offense cases, this measure would permit such orders issued in child
protective proceedings against respondent parents to last up to two
years or, or, upon findings of aggravating circumstances or a
violation of an order of protection, up to five years. Such orders
could be extended upon judicial review, with notice to all affected
parties, in the context of a permanency hearing under Article 10-A of
the Family Court Act or other post-dispositional proceeding under
Article 10. Orders of protection against non-parents could last for
any designated period up until the eighteenth birthday of the youngest
child in the household pursuant to section 1056(4) of the Family Court
Act. To provide an avenue for review, this measure would explicitly
permit a restrained party to return to court for modification or
vacatur of an order of protection upon a showing of a substantial
change of circumstances.  Concomitantly, orders of protection in
permanent neglect and other termination of parental rights proceedings
could be issued for periods of up to five years. These provisions for
time-limited orders would, therefore, meet the criticisms voiced by
the Court of Appeals in Matter of Sheena D., 8 N.Y.3d 136 (2007),


regarding lengthy orders of protection not subject to judicial
scrutiny.

Finally, to optimize their effectiveness, this measure would require
all of these orders of protection to be entered onto the statewide
registry of orders of protection and warrants. The importance of such
entry cannot be overemphasized. Domestic violence often is
inextricably linked with child abuse and victims of domestic violence
in child abuse and neglect cases, including victims who may be
respondents in these proceedings, require as much protection from
their abusers as in other proceedings .* If a child neglect proceeding
is brought against an abuser, the order of protection issued to
protect both the abuse victim and the children should provide as much
protection as orders of protection issued in family offense and all
other cases - a precept that compels inclusion of the order on the
statewide domestic violence registry and, consequently, on the Federal
"Protection Order File" as well. That domestic violence and child
abuse frequently coexist in homes has been widely recognized, with
estimates of the overlap ranging from 40% to 60%.** Research has
estimated that children are abused at a rate 1,500 times higher than
the national average in homes where domestic violence is also
present.*** Significantly, child sexual abuse has also been closely
correlated with domestic violence.**** Therefore, inclusion of orders
of protection in such cases on the registry will significantly advance
the Legislature's goal of providing an integrated response in all
family violence cases and of protecting all victims of domestic abuse,
both parents and children, from suffering further violence.

This measure, which would have no fiscal impact upon the State, would
take effect 90 days after becoming a law.

Legislative History:

None. New proposal.

* Victims of domestic violence may not be charged with child neglect
by reason of their children's exposure to domestic violence, unless
they have failed to exercise a minimum degree of care and unless the
child is thereby placed in imminent risk of impairment. Nicholson v.
Scoppetta, 3 N.Y.3d 357 (2004). However, there are respondents in
neglect and abuse proceedings, who are themselves also victims of
family offenses, who should be able to obtain protection for
themselves and their children without the burden of initiating
separate family offense proceedings in order to obtain this relief.

** See "The Impact of Domestic Violence on Children: A Report to the
President of the American Bar Association" (Amer. Bar Assoc , 1994),
p. 18; "Diagnostic and Treatment Guidelines on Domestic Violence"
(Amer. Medical Assoc.,1992) See also M, Fields, "The Impact of Spouse
Abuse on Children, and its Relevance in Custody and Visitation
Decisions in New York State," 3 Cornell J. of Law and Pub. Policy 222,
224 (1994); A. Jones, Next Time She'll be Dead 84 (1994) (citing, E.
Stark and A. Flitcraft, "Women and Children at Risk: A Feminist
Perspective on Child Abuse," 18 Intl I Health Services 1:97 (1988); L.
McKibben, et al., "Victimization of Mothers of Abused Children: A


Controlled Study," 84 Pediatrics #3 (1989); L. Walker, The Battered
Woman Syndrome 59 (1984)).

*** "The Violence Against Women Act of 1990: Hearings on S. 2754,"
Senate Committee on the Judiciary, Report 1-545, 101st Cong,, 2d Sess
37 (1990)(cited in J. Zorza, "Woman Battering: A Major Cause of
Homelessness," Clearinghouse Review (Special Issue, 1991))

**** L. Hoff, Battered Women as Survivors 240 (1990); M. Roy, Children
in the Crossfire 89-90 (1988); Hewitt and Friedrich, "Effects of
Probable Sexual Abuse on Preschool Children," in M.Q. Patton, ed.,
Family Sexual Abuse 59-74 (1991) (cited in J. Zorza, supra, at
424-425).

S5202A (ACTIVE) - Bill Text download pdf

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

                                 5202--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 14, 2013
                               ___________

Introduced by Sen. FELDER -- (at request of the Office of Court Adminis-
  tration)  --  read  twice  and ordered printed, and when printed to be
  committed to the Committee on Children and Families -- recommitted  to
  the  Committee on Children and Families in accordance with Senate Rule
  6, sec. 8 -- committee discharged, bill amended, ordered reprinted  as
  amended and recommitted to said committee

AN  ACT  to  amend the family court act, the social services law and the
  executive law, in relation to orders of protection in  termination  of
  parental  rights proceedings, child protective proceedings and perman-
  ency hearings regarding children freed for adoption

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

  Section  1. Section 634 of the family court act, as amended by chapter
666 of the laws of 1976, is amended to read as follows:
  S 634. Commitment of guardianship and  custody;  further  orders.  The
court  may  enter  an order under section six hundred thirty-one OF THIS
ARTICLE committing the guardianship and custody  of  the  child  to  the
petitioner  on  such  conditions,  if  any, as it deems proper. FOR GOOD
CAUSE SHOWN, THE COURT MAY ISSUE A TEMPORARY  ORDER  OF  PROTECTION  OR,
UPON  DISPOSITION,  AN  ORDER OF PROTECTION TO PROTECT THE CHILD AND THE
CHILD'S FOSTER OR PRE-ADOPTIVE PARENT OR PARENTS  AND  OTHER  DESIGNATED
MEMBERS  OF  THE  HOUSEHOLD  IN  WHICH  THE CHILD RESIDES. THE ORDER MAY
DIRECT THE RESPONDENT TO OBSERVE REASONABLE CONDITIONS THAT MAY INCLUDE,
AMONG OTHERS, THAT THE RESPONDENT STAY AWAY FROM THE CHILD AND FROM  THE
HOME,  SCHOOL,  BUSINESS  OR  PLACE  OF  EMPLOYMENT  OF THE CHILD OR THE
CHILD'S FOSTER OR PRE-ADOPTIVE PARENT OR  PARENTS  OR  OTHER  DESIGNATED
MEMBERS  OF  THE  HOUSEHOLD IN WHICH THE CHILD RESIDES. PRIOR TO ISSUING
THE ORDER, THE COURT SHALL INQUIRE AS TO  THE  EXISTENCE  OF  ANY  OTHER
ORDERS OF PROTECTION INVOLVING THE PARTIES AND SHALL GIVE THE RESPONDENT
NOTICE AND AN OPPORTUNITY TO BE HEARD. THE COURT SHALL STATE ITS REASONS
ON THE RECORD FOR ISSUING THE ORDER. AN ORDER OF PROTECTION ISSUED UNDER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09912-02-4

S. 5202--A                          2

THIS  SECTION  MAY  REMAIN IN EFFECT FOR A PERIOD OF UP TO FIVE YEARS OR
UNTIL THE YOUNGEST CHILD IN THE HOUSEHOLD IN  WHICH  THE  CHILD  RESIDES
REACHES  THE  AGE  OF  EIGHTEEN  YEARS  OF  AGE, WHICHEVER IS EARLIER. A
VIOLATION  OF  AN  ORDER  ISSUED  UNDER THIS SECTION MAY BE ADDRESSED IN
ACCORDANCE WITH SUBDIVISION TWO OF SECTION ONE THOUSAND  SEVENTY-TWO  OF
THIS CHAPTER.
  S  2.  Subdivision  (a)  of  section  1029 of the family court act, as
amended by chapter 41 of the  laws  of  2010,  is  amended  to  read  as
follows:
  (a) The family court, upon the application of any person who may orig-
inate a proceeding under this article, for good cause shown, may issue a
temporary  order of protection, before or after the filing of such peti-
tion, which may contain any of the provisions authorized on  the  making
of  an  order of protection under section one thousand fifty-six OF THIS
ARTICLE AND MUST CONFORM TO ALL OF THE  REQUIREMENTS  OF  THAT  SECTION.
PRIOR TO ISSUING A TEMPORARY ORDER OF PROTECTION UNDER THIS SECTION, THE
COURT  SHALL  INQUIRE  AS  TO  THE  EXISTENCE  OF  ANY  OTHER  ORDERS OF
PROTECTION INVOLVING THE PARTIES.  If such order is granted  before  the
filing  of  a  petition  and  a petition is not filed under this article
within ten days from the granting of such  order,  the  order  shall  be
vacated. In any case where a petition has been filed and an attorney for
the  child  has been appointed, such attorney may make application for a
temporary order  of  protection  pursuant  to  the  provisions  of  this
section.
  S  3.  The  opening  paragraph and paragraph (a) of subdivision 1, and
subdivisions 2 and 4 of section 1056 of the family court act, the  open-
ing  paragraph  and paragraph (a) of subdivision 1 as amended by chapter
526 of the laws of 2013, subdivision 2 as amended by chapter 220 of  the
laws  of  1989  and subdivision 4 as added by chapter 622 of the laws of
1990, are amended to read as follows:
  The court may [make] ISSUE an order of protection in assistance or  as
a  condition  of  any  other order made under this part. [Such] PRIOR TO
ISSUING AN ORDER OF PROTECTION  UNDER  THIS  SECTION,  THE  COURT  SHALL
INQUIRE  AS TO THE EXISTENCE OF ANY OTHER ORDERS OF PROTECTION INVOLVING
THE PARTIES. EXCEPT AS PROVIDED IN SUBDIVISION FOUR OF THIS SECTION,  AN
order  of  protection  [shall]  ISSUED  UNDER THIS SECTION MAY remain in
effect [concurrently with, shall expire no  later  than  the  expiration
date  of,  and]  FOR  A PERIOD OF UP TO TWO YEARS OR, IF THE COURT FINDS
AGGRAVATING CIRCUMSTANCES AS DEFINED IN PARAGRAPH (VII)  OF  SUBDIVISION
(A)  OF  SECTION  EIGHT HUNDRED TWENTY-SEVEN OF THIS ACT OR IF THE COURT
FINDS THAT THE RESPONDENT HAS VIOLATED AN ORDER OF PROTECTION, A  PERIOD
OF UP TO FIVE YEARS. THE ORDER OF PROTECTION may be extended concurrent-
ly  with,  [such  other]  ANOTHER  order [made] ISSUED under this [part,
except as provided in subdivision four of this section] ARTICLE OR ARTI-
CLE TEN-A OF THIS ACT. The order of protection may set forth  reasonable
conditions  of  behavior to be observed for a specified time by a person
who is before the court and is a parent or a person legally  responsible
for the child's care or the spouse of the parent or other person legally
responsible for the child's care, or both. Such an order may require any
such person:
  (a)  to  stay away from the home, school, business or place of employ-
ment of the other spouse, parent or person legally responsible  for  the
child's  care,  PERSON  WITH WHOM THE CHILD HAS BEEN REMANDED, PLACED OR
RELEASED BY THE COURT or the child, and to  stay  away  from  any  other
specific location designated by the court;

S. 5202--A                          3

  2. [The] WHERE THE court [may also] HAS DETERMINED, IN ACCORDANCE WITH
THE  REQUIREMENTS  OF SECTION ONE THOUSAND SEVENTEEN OR PART TWO OF THIS
ARTICLE OR, AS APPLICABLE, SECTIONS ONE THOUSAND FIFTY-TWO AND ONE THOU-
SAND FIFTY-FIVE OF THIS ARTICLE, TO award custody of the  child,  during
the term of the TEMPORARY order of protection OR ORDER OF PROTECTION, AS
APPLICABLE,  to  [either]  A NON-RESPONDENT parent, or to an appropriate
relative [within the second degree] OR SUITABLE  PERSON,  THE  AWARD  OF
CUSTODY MAY BE INCLUDED IN THE ORDER OF PROTECTION OR TEMPORARY ORDER OF
PROTECTION,  AS  APPLICABLE.    Nothing  in this section gives the court
power to place or board out any child or to commit a child to an  insti-
tution or agency. In making orders of protection, the court shall so act
as  to  insure that in the care, protection, discipline and guardianship
of the  child  his  OR  HER  religious  faith  shall  be  preserved  and
protected.
  4.  The  court  may  enter an order of protection independently of any
other order made under this part, against a [person] RESPONDENT  who  IS
OR was [a member of the child's household or] a person legally responsi-
ble  FOR  THE  CHILD'S CARE as defined in section one thousand twelve of
this [chapter] ARTICLE, and who is [no longer a member of such household
at the time of the disposition and who is]  not  [related  by  blood  or
marriage  to]  A  PARENT OF the child [or a member of the child's house-
hold]. An order of protection entered pursuant to this  subdivision  may
be for any period of time up to the [child's] eighteenth birthday OF THE
YOUNGEST CHILD IN THE CHILD'S HOUSEHOLD and upon such conditions as [the
court deems necessary and proper to protect the health and safety of the
child  and  the  child's caretaker] ARE AUTHORIZED BY SUBDIVISION ONE OF
THIS SECTION. THE PERSON RESTRAINED BY THE ORDER OF PROTECTION MAY, UPON
A SHOWING OF A SUBSTANTIAL CHANGE OF CIRCUMSTANCES, MOVE  FOR  MODIFICA-
TION OR VACATUR OF THE ORDER.
  S  4. Section 1072 of the family court act, as amended by chapter 1039
of the laws of 1973 and the opening paragraph as amended by chapter  437
of the laws of 2006, is amended to read as follows:
  S  1072. Failure to comply with terms and conditions of supervision OR
ORDER OF PROTECTION.
  1. If, prior to the expiration of the period of  an  order  of  super-
vision  pursuant  to  section  one  thousand  fifty-four or one thousand
fifty-seven of this article, a motion or order to show  cause  is  filed
that  alleges  that  a  parent or other person legally responsible for a
child's care violated the terms and conditions of  an  order  of  super-
vision  issued  under  section  one  thousand fifty-four or one thousand
fifty-seven of this article, the period  of  the  order  of  supervision
shall  be  tolled  pending  disposition  of  the motion or order to show
cause. If, after hearing, the court is satisfied by competent proof that
the parent or other person violated the order of  supervision  willfully
and without just cause, the court may:
  (a)  revoke  the order of supervision [or of protection] and enter any
order that might have been made at the time the order of supervision  or
of protection was made, or
  (b)  commit  the parent or other person who willfully and without just
cause violated the order to jail for a term not to exceed six months.
  2.  PRIOR TO THE EXPIRATION OF THE PERIOD OF AN ORDER OF PROTECTION OR
TEMPORARY ORDER OF PROTECTION ISSUED PURSUANT  TO  SECTION  SIX  HUNDRED
THIRTY-FOUR  OF THIS ACT, OR SECTION ONE THOUSAND TWENTY-NINE, ONE THOU-
SAND FIFTY-SIX  OR ONE THOUSAND EIGHTY-NINE OF THIS ARTICLE OR  SUBDIVI-
SION  THIRTEEN  OF  SECTION  THREE  HUNDRED  EIGHTY-FOUR-B OF THE SOCIAL
SERVICES LAW, A MOTION OR ORDER TO SHOW CAUSE MAY BE FILED THAT  ALLEGES

S. 5202--A                          4

THAT  A  RESPONDENT  PARENT  OR  OTHER  PERSON LEGALLY RESPONSIBLE FOR A
CHILD'S CARE VIOLATED THE TERMS AND CONDITIONS OF SUCH  ORDER  WILLFULLY
AND  WITHOUT  JUST  CAUSE.  IF, AFTER HEARING, THE COURT IS SATISFIED BY
COMPETENT  PROOF  THAT  THE PARENT OR OTHER PERSON VIOLATED THE ORDER OF
PROTECTION OR TEMPORARY ORDER OF PROTECTION WILLFULLY AND  WITHOUT  JUST
CAUSE, THE COURT MAY:
  (A)  REVOKE  OR  MODIFY  THE ORDER OF PROTECTION OR TEMPORARY ORDER OF
PROTECTION AND ENTER ANY ORDER THAT MIGHT HAVE BEEN  MADE  AT  THE  TIME
SUCH ORDER HAD BEEN ISSUED, OR
  (B)   ISSUE   AN  ORDER  IN  ACCORDANCE  WITH  SECTION  EIGHT  HUNDRED
FORTY-TWO-A OR EIGHT HUNDRED FORTY-SIX-A OF THIS ACT.
  S 5. Clause (D) of subparagraph (viii) of paragraph 2  of  subdivision
(d)  of  section 1089 of the family court act, as added by section 27 of
part A of chapter 3 of the laws of 2005, is amended to read as follows:
  (D) [The] IN THE CASE OF A CHILD WHO HAS NOT BEEN FREED FOR  ADOPTION,
THE  court  may  make  an order of protection in the manner specified by
section one thousand fifty-six of this act in assistance or as a  condi-
tion of any other order made under this section. The order of protection
may  set  forth  reasonable  conditions of behavior to be observed for a
specified period of time by a person before the court FOR THE PROTECTION
OF THE CHILD AND THE CHILD'S FOSTER OR PRE-ADOPTIVE  PARENT  OR  PARENTS
AND  OTHER  DESIGNATED  MEMBERS  OF  THE  HOUSEHOLD  IN  WHICH THE CHILD
RESIDES. PRIOR TO ISSUING AN ORDER OF PROTECTION UNDER THIS SECTION, THE
COURT SHALL  INQUIRE  AS  TO  THE  EXISTENCE  OF  ANY  OTHER  ORDERS  OF
PROTECTION  INVOLVING  THE PARTIES AND THE CHILD. IN THE CASE OF A CHILD
FREED FOR ADOPTION, THE COURT, FOR GOOD CAUSE SHOWN, MAY ISSUE AN  ORDER
OF  PROTECTION  DIRECTING A PERSON WHOSE PARENTAL RIGHTS HAD BEEN TERMI-
NATED OR SURRENDERED TO OBSERVE REASONABLE CONDITIONS ENUMERATED THEREIN
IN ORDER TO PROTECT THE CHILD AND THE  CHILD'S  FOSTER  OR  PRE-ADOPTIVE
PARENT OR PARENTS AND OTHER DESIGNATED MEMBERS OF THE HOUSEHOLD IN WHICH
THE  CHILD  RESIDES. THE CONDITIONS MAY INCLUDE, AMONG OTHERS, THAT SUCH
PERSON SHALL STAY AWAY FROM THE CHILD AND FROM THE HOME,  SCHOOL,  BUSI-
NESS OR PLACE OF EMPLOYMENT OF THE CHILD OR THE CHILD'S FOSTER OR PRE-A-
DOPTIVE  PARENT  OR PARENTS OR OTHER DESIGNATED MEMBERS OF THE HOUSEHOLD
IN WHICH THE CHILD RESIDES. THE ORDER  MAY  ONLY  BE  ISSUED  AFTER  THE
PERSON  OR PERSONS RESTRAINED BY THE ORDER HAVE BEEN GIVEN NOTICE AND AN
OPPORTUNITY TO BE HEARD. THE COURT SHALL STATE ITS REASONS ON THE RECORD
FOR ISSUING THE ORDER. IN THE CASE OF A CHILD FREED FOR ADOPTION OR  FOR
WHOM  A  TERMINATION OF PARENTAL RIGHTS PROCEEDING IS PENDING, THE COURT
MAY ISSUE AN ORDER OF PROTECTION OR TEMPORARY ORDER  OF  PROTECTION,  AS
APPLICABLE,  IN  ACCORDANCE  WITH  SUBDIVISION THIRTEEN OF SECTION THREE
HUNDRED EIGHTY-FOUR-B OF THE SOCIAL SERVICES  LAW.  A  VIOLATION  OF  AN
ORDER  ISSUED  UNDER  THIS  SECTION  MAY BE ADDRESSED IN ACCORDANCE WITH
SUBDIVISION TWO OF SECTION ONE THOUSAND SEVENTY-TWO OF THIS ACT.
  S 6. Section 384-b of the social services law is amended by  adding  a
new subdivision 14 to read as follows:
  14.  FOR  GOOD  CAUSE  SHOWN, THE COURT MAY ISSUE A TEMPORARY ORDER OF
PROTECTION OR, UPON DISPOSITION, AN ORDER OF PROTECTION TO  PROTECT  THE
CHILD AND THE CHILD'S FOSTER OR PRE-ADOPTIVE PARENT OR PARENTS AND OTHER
DESIGNATED  MEMBERS  OF  THE  HOUSEHOLD IN WHICH THE CHILD RESIDES.  THE
ORDER MAY DIRECT THE RESPONDENT TO OBSERVE  REASONABLE  CONDITIONS  THAT
MAY  INCLUDE, AMONG OTHERS, THAT THE RESPONDENT STAY AWAY FROM THE CHILD
AND FROM THE HOME, SCHOOL, BUSINESS OR PLACE OF EMPLOYMENT OF THE  CHILD
OR  THE CHILD'S FOSTER OR PRE-ADOPTIVE PARENT OR PARENTS OR OTHER DESIG-
NATED MEMBERS OF THE HOUSEHOLD IN WHICH  THE  CHILD  RESIDES.  PRIOR  TO
ISSUING  THE  ORDER,  THE COURT SHALL INQUIRE AS TO THE EXISTENCE OF ANY

S. 5202--A                          5

OTHER ORDERS OF PROTECTION INVOLVING THE  PARTIES  AND  SHALL  GIVE  THE
RESPONDENT  NOTICE AND AN OPPORTUNITY TO BE HEARD. THE COURT SHALL STATE
ITS REASONS ON THE RECORD FOR ISSUING THE ORDER. AN ORDER OF  PROTECTION
ISSUED  UNDER  THIS  SECTION  MAY REMAIN IN EFFECT FOR A PERIOD OF UP TO
FIVE YEARS OR UNTIL THE YOUNGEST CHILD IN THE  HOUSEHOLD  IN  WHICH  THE
CHILD  RESIDES  REACHES  THE  AGE OF EIGHTEEN YEARS OF AGE, WHICHEVER IS
EARLIER. A VIOLATION OF AN  ORDER  ISSUED  UNDER  THIS  SECTION  MAY  BE
ADDRESSED  IN  ACCORDANCE  WITH  SUBDIVISION TWO OF SECTION ONE THOUSAND
SEVENTY-TWO OF THE FAMILY COURT ACT.
  S 7. Subdivision 1 of section 221-a of the executive law, as separate-
ly amended by sections 14 and 67 of part A of chapter 56 of the laws  of
2010, is amended to read as follows:
  1.  The  superintendent, in consultation with the division of criminal
justice services, THE office of court administration, and the office for
the prevention of domestic violence, shall develop a comprehensive  plan
for the establishment and maintenance of a statewide computerized regis-
try  of all orders of protection issued pursuant to articles four, five,
six [and], eight, TEN AND TEN-A of the family court act,  SECTION  THREE
HUNDRED  EIGHTY-FOUR-B OF THE SOCIAL SERVICES LAW, section 530.12 of the
criminal procedure law and, insofar as they involve victims of  domestic
violence  as  defined by section four hundred fifty-nine-a of the social
services law, section 530.13 of the criminal procedure law and  sections
two  hundred  forty  and two hundred fifty-two of the domestic relations
law, and orders of protection issued by courts of competent jurisdiction
in another state, territorial or tribal jurisdiction, special orders  of
conditions  issued pursuant to subparagraph (i) or (ii) of paragraph (o)
of subdivision one of section 330.20 of the criminal procedure law inso-
far as they involve a victim or victims of domestic violence as  defined
by  subdivision  one  of section four hundred fifty-nine-a of the social
services law or a designated  witness  or  witnesses  to  such  domestic
violence,  and  all  warrants  issued  pursuant  to sections one hundred
fifty-three and eight hundred twenty-seven of the family court act,  and
arrest and bench warrants as defined in subdivisions twenty-eight, twen-
ty-nine  and thirty of section 1.20 of the criminal procedure law, inso-
far as such warrants pertain to orders of protection or temporary orders
of protection; provided,  however,  that  warrants  issued  pursuant  to
section  one  hundred  fifty-three of the family court act pertaining to
articles three[,] AND seven [and ten] of such act and section 530.13  of
the  criminal  procedure  law shall not be included in the registry. The
superintendent shall  establish  and  maintain  such  registry  for  the
purposes  of  ascertaining the existence of orders of protection, tempo-
rary orders of protection, warrants and special  orders  of  conditions,
and for enforcing the provisions of paragraph (b) of subdivision four of
section 140.10 of the criminal procedure law.
  S  8.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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The New York State Senate

senate Bill S5202A

Sponsored By

Archive: Last Bill Status - Passed Senate

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Votes

Mar 27, 2014 - floor Vote

Floor Vote: Mar 27, 2014

Mar 17, 2014 - Children and Families committee Vote

Children and Families Committee Vote: Mar 17, 2014

Jun 4, 2013 - floor Vote

Floor Vote: Jun 4, 2013

May 29, 2013 - Children and Families committee Vote

Committee Vote: May 29, 2013

Bill Amendments

S5202 - Details

S5202 - Summary

S5202 - Sponsor Memo

S5202 - Bill Text download pdf

S5202A (ACTIVE) - Details

S5202A (ACTIVE) - Summary

S5202A (ACTIVE) - Sponsor Memo

S5202A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S5202A

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Sponsored By

Simcha Felder

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Mar 27, 2014 - floor Vote

Floor Vote: Mar 27, 2014

Mar 17, 2014 - Children and Families committee Vote

Children and Families Committee Vote: Mar 17, 2014

Jun 4, 2013 - floor Vote

Floor Vote: Jun 4, 2013

May 29, 2013 - Children and Families committee Vote

Committee Vote: May 29, 2013

Bill Amendments

S5202 - Details

S5202 - Summary

S5202 - Sponsor Memo

S5202 - Bill Text download pdf

S5202A (ACTIVE) - Details

S5202A (ACTIVE) - Summary

S5202A (ACTIVE) - Sponsor Memo

S5202A (ACTIVE) - Bill Text download pdf

Comments