BILL NUMBER:  S1409

 TITLE OF BILL :  An act to amend the family court act, in relation to
the issuance of orders of protection in child protective proceedings

 PURPOSE :

This bill is meant to allow the family court to issue an order of
protection against a person that is not the child's biological or
adoptive parent in addition to being able to issue orders of
protection against the biological parents found to have severely
abused any child.

 SUMMARY OF PROVISIONS :

Section 1. Amends subdivision 4 of section 1056 of the family court
act, as added by chapter 622 of the laws of 1990, summarized as
follows:

Any person that is not the child's adoptive parent, biological parent,
or is indeed the biological or adoptive parent, that is found to have
severely abused any child can have an order of protection placed
against them preventing contact with the child victim until their
eighteenth birthday.

Section 2 is the enacting clause.
              

 JUSTIFICATION :

This law would allow - although not require - Family Court to issue a
no contact order of protection, which lasts until the child's
eighteenth birthday, in situations involving abusive parents or
relatives. Currently, the law does not permit the court to issue order
s of no contact for an abusive relative who is not the parent of the
child seeking protection. Yet, some of the most serious cases of abuse
have been at the hands of a stepparent. This bill would allow the
court to have the option of ending the child's relationship with an
abusive relative through an order of no contact that lasts until the
child turns 18 years of age.

In addition, the law would provide greater safety in cases involving
abuse by the parents, by extending the length of time for a no contact
order of protection. Under current law, when the court determines that
a parent is incapable of having safe contact with a child, a Judge can
only issue an order of no contact for a period up to one year. This
bill would allow a Judge to extend the order through the child's
eighteenth birthday so that the child would not be at-risk on an
annual basis when the court order expires. Aside from a no contact
order, the only option is to terminate the parents' rights and free
the child for adoption. However, that is not in the child's best
interests when the child lives safely in the custody of a non-abusive
parent. To promote child safety, Family Court should have the option
to issue a no contact order that covers the child through age 18 when
the circumstances require it.

 LEGISLATIVE HISTORY :

2015: S.3936 (Felder); Passed the Senate
2014: S.7215 (Felder); Passed the Senate

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect on the thirtieth day after it shall have
become a law.