senate Bill S5054

Signed By Governor
2015-2016 Legislative Session

Relates to severe child abuse and orders of protection in child abuse and neglect cases

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


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

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Actions

view actions (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Nov 20, 2015 signed chap.492
Nov 10, 2015 delivered to governor
Jun 15, 2015 returned to senate
passed assembly
ordered to third reading rules cal.298
substituted for a7644
Jun 11, 2015 referred to codes
delivered to assembly
passed senate
May 20, 2015 advanced to third reading
May 19, 2015 2nd report cal.
May 18, 2015 1st report cal.693
Apr 29, 2015 referred to children and families

Co-Sponsors

S5054 (ACTIVE) - Details

See Assembly Version of this Bill:
A7644
Law Section:
Family Court Act
Laws Affected:
Amd §1051, Fam Ct Act; amd §221-a, Exec L

S5054 (ACTIVE) - Summary

Relates to severe child abuse and orders of protection in child abuse and neglect cases.

S5054 (ACTIVE) - Sponsor Memo

S5054 (ACTIVE) - Bill Text download pdf

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

                                  5054

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 29, 2015
                               ___________

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 and the executive law, in  relation
  to  severe  child  abuse  and  orders of protection in child abuse and
  neglect cases

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

  Section 1. Subdivision (e) of section 1051 of the family court act, as
amended  by  chapter  430  of  the  laws  of 2013, is amended to read as
follows:
  (e) If the court makes a finding of abuse, it shall specify the  para-
graph or paragraphs of subdivision (e) of section one thousand twelve of
this  act  which  it  finds  have been established. If the court makes a
finding of abuse as defined in paragraph (iii)  of  subdivision  (e)  of
section one thousand twelve of this act, it shall make a further finding
of  the specific sex offense as defined in article one hundred thirty of
the penal law. In addition to a finding of abuse, the court may enter  a
finding  of  severe abuse or repeated abuse, as defined in subparagraphs
(i), (ii) and (iii) of paragraph (a) or subparagraphs (i)  and  (ii)  of
paragraph   (b)   of   subdivision   eight   of  section  three  hundred
eighty-four-b of the social services law, which shall be admissible in a
proceeding to terminate parental rights pursuant  to  paragraph  (e)  of
subdivision  four  of  section three hundred eighty-four-b of the social
services law; PROVIDED, HOWEVER, THAT A FINDING OF  SEVERE  OR  REPEATED
ABUSE  UNDER  THIS SECTION MAY BE MADE AGAINST ANY RESPONDENT AS DEFINED
IN SUBDIVISION (A) OF SECTION ONE THOUSAND TWELVE OF THIS ACT.   If  the
court  makes  such additional finding of severe abuse or repeated abuse,
the court shall state the grounds for its determination, which shall  be
based upon clear and convincing evidence.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09651-01-5

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