Assembly Bill A2657

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 Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-A2657 (ACTIVE) - Details

See Senate Version of this Bill:
S3140
Current Committee:
Assembly Children And Families
Law Section:
Family Court Act
Laws Affected:
Amd §§1022, 1024, 1028 & 1012, Fam Ct Act; amd §371, Soc Serv L
Versions Introduced in Other Legislative Sessions:
2009-2010: A1440
2011-2012: A503, S3314
2015-2016: A3752

2013-A2657 (ACTIVE) - 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.

2013-A2657 (ACTIVE) - Bill Text download pdf

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

                                  2657

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 17, 2013
                               ___________

Introduced  by M. of A. WRIGHT -- Multi-Sponsored by -- M. of A. BOYLAND
  -- read once and referred 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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