Senate Bill S3594

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3594
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2017
                                ___________
 
 Introduced  by Sens. PARKER, BOYLE, LATIMER, MARCHIONE -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Judiciary
 
 AN  ACT to amend the domestic relations law and the family court act, in
   relation to changing the denotation of visitation to parenting time

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  intent.  The  legislature  hereby  finds and
 declares that the term "visitation" carries a negative connotation  with
 respect  to  noncustodial  parents  who want to be a part of their chil-
 dren's lives. Society has given the term "visitation" a negative  conno-
 tation  that  can  be  associated  with  the  visiting of an inmate at a
 correctional facility or prison. The purpose of this act is  to  reflect
 the  fact  that  a parent's time with a child is not merely as a visitor
 but constitutes parenting time.
   § 1-a. Section 2 of the domestic relations law, as amended by  chapter
 920 of the laws of 1974, is amended to read as follows:
   § 2. Definitions. AS USED IN THIS CHAPTER:
   1. A "minor" or "infant", [as used in this chapter,] is a person under
 the age of eighteen years.
   2.  "VISITATION"  REFERS  TO  TIME  PERMITTED TO BE SPENT WITH A CHILD
 PURSUANT TO A COURT ORDER UNDER THIS CHAPTER, THE FAMILY COURT ACT OR AN
 ORDER ENFORCED UNDER ARTICLE FIVE-A OF THIS CHAPTER, BY A PERSON WHO  IS
 NOT A PARENT OF THE CHILD. THIS SHALL INCLUDE GRANDPARENTS, SIBLINGS AND
 STEP-PARENTS.
   3.  "PARENTING  TIME"  REFERS  TO THE PERIOD OF TIME THAT A PARENT MAY
 SPEND WITH HIS OR HER CHILD PURSUANT TO A COURT ORDER UNDER  THIS  CHAP-
 TER,  THE  FAMILY COURT ACT OR AN ORDER ENFORCED UNDER ARTICLE FIVE-A OF
 THIS CHAPTER.
   § 2. Subdivision (b) of section 70 of the domestic relations  law,  as
 added by chapter 457 of the laws of 1988, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07369-01-7

 S. 3594                             2
 
   (b)  Any  order under this section which applies to rights of [visita-
 tion] PARENTING TIME with a child remanded or placed in the  care  of  a
 person,  official,  agency or institution pursuant to article ten of the
 family court act or pursuant to an  instrument  approved  under  section
 three  hundred  fifty-eight-a  of  the  social  services  law,  shall be
 enforceable pursuant to the provisions of part eight of article  ten  of
 [such]  THE  FAMILY  COURT act, sections three hundred fifty-eight-a and
 three hundred eighty-four-a of the social services law and other  appli-
 cable  provisions  of law against any person or official having care and
 custody, or temporary care and custody, of such child.
   § 3. Subdivisions 3 and 4 of section 75-a of  the  domestic  relations
 law, as added by chapter 386 of the laws of 2001, are amended to read as
 follows:
   3.  "Child  custody  determination" means a judgment, decree, or other
 order of a court providing for the legal custody, physical  custody,  or
 [visitation] PARENTING TIME with respect to a child. The term includes a
 permanent, temporary, initial, and modification order. The term does not
 include  an order relating to child support or other monetary obligation
 of an individual.
   4. "Child custody proceeding" means a proceeding in which legal custo-
 dy, physical custody, [or] visitation OR PARENTING TIME with respect  to
 a  child  is an issue. The term includes a proceeding for divorce, sepa-
 ration, neglect, abuse, dependency, guardianship, paternity, termination
 of parental rights, and protection from domestic violence, in which  the
 issue may appear. The term does not include a proceeding involving juve-
 nile  delinquency,  person in need of supervision, contractual emancipa-
 tion, or enforcement under title three of this article.
   § 4. Subdivision 1 of section 235 of the domestic  relations  law,  as
 amended  by  chapter  122  of  the  laws  of 1979, is amended to read as
 follows:
   1. An officer of the court with whom the proceedings in a  matrimonial
 action  or  a written agreement of separation or an action or proceeding
 for custody, [visitation] PARENTING TIME or maintenance of a  child  are
 filed,  or  before  whom  the  testimony  is taken, or his clerk, either
 before or after the termination of the suit, shall not permit a copy  of
 any  of the pleadings, affidavits, findings of fact, conclusions of law,
 judgment of dissolution, written agreement of separation  or  memorandum
 thereof,  or  testimony,  or  any  examination or perusal thereof, to be
 taken by any other person than a party, or the attorney or counsel of  a
 party, except by order of the court.
   §  5. Subdivision (b) of section 237 of the domestic relations law, as
 amended by chapter 329 of the laws  of  2010,  is  amended  to  read  as
 follows:
   (b) Upon any application to enforce, annul or modify an order or judg-
 ment for alimony, maintenance, distributive award, distribution of mari-
 tal property or for custody, [visitation,] PARENTING TIME or maintenance
 of  a  child,  made  as in section two hundred thirty-six or section two
 hundred forty of this article provided, or upon any application by  writ
 of  habeas  corpus  or  by  petition  and order to show cause concerning
 custody, [visitation] PARENTING TIME or  maintenance  of  a  child,  the
 court  may  direct  a  spouse or parent to pay counsel fees and fees and
 expenses of experts directly to the attorney  of  the  other  spouse  or
 parent  to  enable the other party to carry on or defend the application
 or proceeding  by  the  other  spouse  or  parent  as,  in  the  court's
 discretion,  justice requires, having regard to the circumstances of the
 case and of the respective parties. There shall be a rebuttable presump-

 S. 3594                             3
 
 tion that counsel fees shall be awarded to the less  monied  spouse.  In
 exercising  the  court's discretion, the court shall seek to assure that
 each party shall be adequately  represented  and  that  where  fees  and
 expenses  are  to  be  awarded, they shall be awarded on a timely basis,
 pendente  lite,  so  as  to  enable  adequate  representation  from  the
 commencement  of  the proceeding. Applications for the award of fees and
 expenses may be made at any time or times prior to final judgment.  Both
 parties  to  the  action  or  proceeding and their respective attorneys,
 shall file an affidavit with the court detailing  the  financial  agree-
 ment,  between  the party and the attorney. Such affidavit shall include
 the amount of any retainer, the amounts paid and still owing thereunder,
 the hourly amount charged by the attorney, the amounts paid,  or  to  be
 paid,  any experts, and any additional costs, disbursements or expenses.
 Any applications for fees and expenses may be maintained by the attorney
 for either spouse in counsel's own name in the same proceeding.  Payment
 of any retainer fees to the attorney for the petitioning party shall not
 preclude  any  awards  of  fees and expenses to an applicant which would
 otherwise be allowed under this section.
   § 6. Paragraphs (a) and (a-1) of subdivision 1 of section 240  of  the
 domestic  relations  law, paragraph (a) as amended by chapter 567 of the
 laws of 2015 and paragraph (a-1) as amended by chapter 295 of  the  laws
 of 2009, are amended to read as follows:
   (a)  In any action or proceeding brought (1) to annul a marriage or to
 declare the nullity of a void marriage, or (2) for a separation, or  (3)
 for  a divorce, or (4) to obtain, by a writ of habeas corpus or by peti-
 tion and order to show cause, the custody of or  right  to  [visitation]
 PARENTING  TIME  with  any  child of a marriage, the court shall require
 verification of the status of any child of the marriage with respect  to
 such  child's custody and support, including any prior orders, and shall
 enter orders for custody and support  as,  in  the  court's  discretion,
 justice  requires, having regard to the circumstances of the case and of
 the respective parties and to  the  best  interests  of  the  child  and
 subject  to  the  provisions of subdivision one-c of this section. Where
 either party to an action concerning custody of or a right  to  [visita-
 tion]  PARENTING  TIME  with  a  child  alleges  in  a sworn petition or
 complaint or sworn answer, cross-petition, counterclaim or  other  sworn
 responsive  pleading that the other party has committed an act of domes-
 tic violence against the party making the  allegation  or  a  family  or
 household  member of either party, as such family or household member is
 defined in article eight of the family court act, and  such  allegations
 are  proven  by a preponderance of the evidence, the court must consider
 the effect of such domestic violence upon  the  best  interests  of  the
 child,  together  with  such  other facts and circumstances as the court
 deems relevant in making a direction pursuant to this section and  state
 on  the  record how such findings, facts and circumstances factored into
 the direction. If a parent makes a good  faith  allegation  based  on  a
 reasonable  belief  supported  by  facts that the child is the victim of
 child abuse, child neglect, or the effects of domestic violence, and  if
 that  parent acts lawfully and in good faith in response to that reason-
 able belief to protect the child or seek treatment for the  child,  then
 that  parent  shall  not  be deprived of custody, [visitation] PARENTING
 TIME or contact with the child, or restricted in  custody,  [visitation]
 PARENTING TIME or contact, based solely on that belief or the reasonable
 actions  taken  based  on  that belief. If an allegation that a child is
 abused is supported by a preponderance of the evidence, then  the  court
 shall  consider  such  evidence  of abuse in determining the [visitation

 S. 3594                             4

 arrangement] PARENTING TIME that is in the best interest of  the  child,
 and  the  court  shall  not place a child in the custody of a parent who
 presents a substantial risk of harm to that child, and  shall  state  on
 the record how such findings were factored into the determination. Where
 a  proceeding filed pursuant to article ten or ten-A of the family court
 act is pending at the same time as a proceeding brought in  the  supreme
 court  involving the custody of, or right to [visitation] PARENTING TIME
 with, any child of a marriage, the court presiding over  the  proceeding
 under  article ten or ten-A of the family court act may jointly hear the
 dispositional hearing on the petition under article ten or the permanen-
 cy hearing under article ten-A of the family court act and, upon  refer-
 ral from the supreme court, the hearing to resolve the matter of custody
 or  [visitation] PARENTING TIME in the proceeding pending in the supreme
 court; provided however, the court must determine  custody  or  [visita-
 tion] PARENTING TIME in accordance with the terms of this section.
   An  order  directing  the  payment  of child support shall contain the
 social security numbers of the named parties. In all cases  there  shall
 be  no  prima  facie right to the custody of the child in either parent.
 Such direction shall make provision for child support out of the proper-
 ty of either or both parents. The court shall make its award  for  child
 support  pursuant  to  subdivision one-b of this section. Such direction
 may provide for reasonable visitation  rights  to  the  maternal  and/or
 paternal  grandparents of any child of the parties. Such direction as it
 applies to rights of [visitation] PARENTING TIME with a  child  remanded
 or  placed  in  the  care  of  a person, official, agency or institution
 pursuant to article ten of the family  court  act,  or  pursuant  to  an
 instrument  approved  under  section  three hundred fifty-eight-a of the
 social services law, shall be enforceable  pursuant  to  part  eight  of
 article  ten  of  the family court act and sections three hundred fifty-
 eight-a and three hundred eighty-four-a of the social services  law  and
 other  applicable  provisions  of law against any person having care and
 custody, or temporary care and custody, of  the  child.  Notwithstanding
 any  other  provision  of  law, any written application or motion to the
 court for the establishment, modification  or  enforcement  of  a  child
 support  obligation  for persons not in receipt of public assistance and
 care must  contain  either  a  request  for  child  support  enforcement
 services  which would authorize the collection of the support obligation
 by the immediate issuance of an income execution for support enforcement
 as provided for by this chapter, completed in the  manner  specified  in
 section  one hundred eleven-g of the social services law; or a statement
 that the applicant has applied for or is in receipt of such services; or
 a statement that  the  applicant  knows  of  the  availability  of  such
 services,  has  declined them at this time and where support enforcement
 services pursuant to section one hundred eleven-g of the social services
 law have been declined that the applicant  understands  that  an  income
 deduction  order  may  be  issued pursuant to subdivision (c) of section
 fifty-two hundred forty-two of the civil practice law and rules  without
 other child support enforcement services and that payment of an adminis-
 trative  fee may be required. The court shall provide a copy of any such
 request for child support enforcement services to the support collection
 unit of the appropriate social services district  any  time  it  directs
 payments  to  be made to such support collection unit. Additionally, the
 copy of any such request shall be accompanied by the name,  address  and
 social  security  number  of  the  parties;  the  date  and place of the
 parties' marriage; the name and date of birth of the child or  children;
 and the name and address of the employers and income payors of the party

 S. 3594                             5
 
 from whom child support is sought or from the party ordered to pay child
 support  to the other party. Such direction may require the payment of a
 sum or sums of money either directly to the custodial parent or to third
 persons  for  goods  or  services  furnished for such child, or for both
 payments to the custodial parent and to such  third  persons;  provided,
 however,  that  unless  the party seeking or receiving child support has
 applied for or is receiving such services, the court  shall  not  direct
 such  payments to be made to the support collection unit, as established
 in section one hundred eleven-h of the social services law. Every  order
 directing  the  payment  of  support shall require that if either parent
 currently, or at any time in the future, has health  insurance  benefits
 available  that  may  be  extended  or obtained to cover the child, such
 parent is required to exercise the  option  of  additional  coverage  in
 favor  of  such  child and execute and deliver to such person any forms,
 notices, documents or instruments necessary to assure timely payment  of
 any health insurance claims for such child.
   (a-1)(1) Permanent and initial temporary orders of custody or [visita-
 tion] PARENTING TIME.  Prior to the issuance of any permanent or initial
 temporary  order  of  custody  or [visitation] PARENTING TIME, the court
 shall conduct a review of the decisions and reports listed  in  subpara-
 graph three of this paragraph.
   (2)  Successive  temporary orders of custody or [visitation] PARENTING
 TIME.  Prior to the issuance of any successive temporary order of custo-
 dy or [visitation] PARENTING TIME, the court shall conduct a  review  of
 the  decisions  and  reports  listed in subparagraph three of this para-
 graph, unless such a review has been conducted within ninety days  prior
 to the issuance of such order.
   (3) Decisions and reports for review. The court shall conduct a review
 of the following:
   (i) related decisions in court proceedings initiated pursuant to arti-
 cle ten of the family court act, and all warrants issued under the fami-
 ly court act; and
   (ii)  reports  of  the  statewide  computerized  registry of orders of
 protection established and maintained pursuant to  section  two  hundred
 twenty-one-a  of  the  executive  law,  and  reports of the sex offender
 registry established and maintained  pursuant  to  section  one  hundred
 sixty-eight-b of the correction law.
   (4)  Notifying counsel and issuing orders. Upon consideration of deci-
 sions pursuant to article ten of the  family  court  act,  and  registry
 reports  and  notifying  counsel  involved  in the proceeding, or in the
 event of a self-represented party, notifying such party of  the  results
 thereof,  including any court appointed attorney for children, the court
 may issue a temporary, successive temporary or final order of custody or
 [visitation] PARENTING TIME.
   (5) Temporary emergency order. Notwithstanding any other provision  of
 the  law, upon emergency situations, including computer malfunctions, to
 serve the best interest of the child, the court may  issue  a  temporary
 emergency  order for custody or [visitation] PARENTING TIME in the event
 that it is not possible to timely review decisions and reports on regis-
 tries as required pursuant to subparagraph three of this paragraph.
   (6) After issuing a temporary emergency order. After issuing a  tempo-
 rary  emergency  order  of  custody  or [visitation] PARENTING TIME, the
 court shall conduct reviews of the decisions and reports  on  registries
 as  required  pursuant  to  subparagraph  three of this paragraph within
 twenty-four hours of the issuance of  such  temporary  emergency  order.
 Should  such  twenty-four hour period fall on a day when court is not in

 S. 3594                             6
 
 session, then the required reviews shall take place  the  next  day  the
 court  is  in  session.  Upon  reviewing decisions and reports the court
 shall notify associated counsel, self-represented parties and  attorneys
 for  children  pursuant  to  subparagraph four of this paragraph and may
 issue temporary or permanent  custody  or  [visitation]  PARENTING  TIME
 orders.
   (7)  Feasibility study. The commissioner of the office of children and
 family services, in conjunction with the office of court administration,
 is hereby authorized and directed to examine, study, evaluate  and  make
 recommendations concerning the feasibility of the utilization of comput-
 ers  in  courts which are connected to the statewide central register of
 child abuse and maltreatment  established  and  maintained  pursuant  to
 section  four  hundred twenty-two of the social services law, as a means
 of providing courts with information regarding parties requesting orders
 of custody or [visitation] PARENTING TIME.  Such commissioner shall make
 a preliminary report to the governor and the  legislature  of  findings,
 conclusions  and recommendations not later than January first, two thou-
 sand nine, and a final report of findings, conclusions  and  recommenda-
 tions  not  later  than  June first, two thousand nine, and shall submit
 with the reports such legislative proposals as are deemed  necessary  to
 implement the commissioner's recommendations.
   §  7. Subdivision 1-a of section 240 of the domestic relations law, as
 amended by chapter 12 of the  laws  of  1996,  is  amended  to  read  as
 follows:
   1-a.  In  any proceeding brought pursuant to this section to determine
 the custody or [visitation] PARENTING TIME of minors, a report  made  to
 the statewide central register of child abuse and maltreatment, pursuant
 to  title  six  of  article six of the social services law, or a portion
 thereof, which is otherwise admissible as a business record pursuant  to
 rule  forty-five  hundred  eighteen  of the civil practice law and rules
 shall not be admissible in evidence, notwithstanding such  rule,  unless
 an investigation of such report conducted pursuant to title six of arti-
 cle  six  of  the  social services law has determined that there is some
 credible evidence of the alleged abuse  or  maltreatment  and  that  the
 subject  of  the  report has been notified that the report is indicated.
 In addition, if such report has been reviewed by the [state] commission-
 er of [social] THE OFFICE OF CHILDREN AND FAMILY services or his  desig-
 nee  and has been determined to be unfounded, it shall not be admissible
 in evidence. If such report has been so reviewed and has been amended to
 delete any finding, each such deleted finding shall not  be  admissible.
 If the [state] commissioner of [social] THE OFFICE OF CHILDREN AND FAMI-
 LY  services or his designee has amended the report to add any new find-
 ing, each such new finding, together with any portion  of  the  original
 report  not deleted by [the] SUCH commissioner or his designee, shall be
 admissible if it meets the other requirements of this subdivision and is
 otherwise admissible as a business record. If such a report, or  portion
 thereof,  is  admissible in evidence but is uncorroborated, it shall not
 be sufficient to make a fact finding of abuse or  maltreatment  in  such
 proceeding.  Any  other  evidence  tending to support the reliability of
 such report shall be sufficient corroboration.
   § 8. Subparagraph 9 of paragraph (f) of subdivision 1-b of section 240
 of the domestic relations law, as added by chapter 567 of  the  laws  of
 1989, is amended to read as follows:
   (9)  Provided  that the child is not on public assistance (i) extraor-
 dinary expenses incurred  by  the  non-custodial  parent  in  exercising
 [visitation] PARENTING TIME, or (ii) expenses incurred by the non-custo-

 S. 3594                             7
 
 dial  parent  in  extended [visitation] PARENTING TIME provided that the
 custodial parent's expenses are substantially reduced as a result there-
 of; and
   §  9.  Paragraph  c  of  subdivision  3 of section 240 of the domestic
 relations law, as amended by chapter 597 of the laws of 1998, is amended
 to read as follows:
   c. An order of protection entered pursuant to this subdivision may  be
 made  in the final judgment in any matrimonial action or in a proceeding
 to obtain custody of or [visitation] PARENTING TIME with any child under
 this section, or by one or more orders  from  time  to  time  before  or
 subsequent  to  final  judgment, or by both such order or orders and the
 final judgment. The order of protection may remain in effect after entry
 of a final matrimonial judgment and during the  minority  of  any  child
 whose  custody  or  [visitation]  PARENTING  TIME  is  the  subject of a
 provision of a final judgment or any order. An order of  protection  may
 be  entered  notwithstanding  that  the court for any reason whatsoever,
 other than lack of jurisdiction, refuses to grant the  relief  requested
 in the action or proceeding.
   § 10. Section 241 of the domestic relations law, as amended by chapter
 892 of the laws of 1986, is amended to read as follows:
   § 241. Interference with or withholding of [visitation] PARENTING TIME
 rights; alimony or maintenance suspension. When it appears to the satis-
 faction  of the court that a custodial parent receiving alimony or main-
 tenance pursuant to an order, judgment or decree of a court of competent
 jurisdiction has wrongfully interfered  with  or  withheld  [visitation]
 PARENTING  TIME  rights  provided by such order, judgment or decree, the
 court, in its discretion,  may  suspend  such  payments  or  cancel  any
 arrears  that may have accrued during the time that [visitation] PARENT-
 ING TIME rights have been or are  being  interfered  with  or  withheld.
 Nothing  in  this  section shall constitute a defense in any court to an
 application to enforce payment of  child  support  or  grounds  for  the
 cancellation of arrears for child support.
   §  11.  Section 251 of the domestic relations law, as added by chapter
 164 of the laws of 1973, is amended to read as follows:
   § 251. Filing of order in family court. When, in a matrimonial action,
 the supreme court refers the issues of support, custody or  [visitation]
 PARENTING  TIME to the family court, the order or judgment shall provide
 that a copy thereof shall be filed by the plaintiff's  attorney,  within
 ten days, with the clerk of the family court therein specified.
   §  12.  Paragraph  (b) of subdivision 1 of section 252 of the domestic
 relations law, as amended by chapter 526 of the laws of 2013, is amended
 to read as follows:
   (b) to permit a parent, or a person entitled to visitation OR  PARENT-
 ING  TIME by a court order or a separation agreement, to [visit] BE WITH
 the child at stated periods;
   § 13. Subdivision 3 of section 252 of the domestic relations  law,  as
 added by chapter 349 of the laws of 1995, is amended to read as follows:
   3.  An order of protection entered pursuant to this subdivision may be
 made in the final judgment in any matrimonial action, or by one or  more
 orders  from  time to time before or subsequent to final judgment, or by
 both such  order  or  orders  and  the  final  judgment.  The  order  of
 protection may remain in effect after entry of a final matrimonial judg-
 ment  and during the minority of any child whose custody or [visitation]
 PARENTING TIME is the subject of a provision of a final judgment or  any
 order.  An  order  of protection may be entered notwithstanding that the

 S. 3594                             8
 
 court for any  reason  whatsoever,  other  than  lack  of  jurisdiction,
 refuses to grant the relief requested in the action or proceeding.
   §  14. Subparagraph 9 of paragraph (f) of subdivision 1 of section 413
 of the family court act, as amended by chapter 567 of the laws of  1989,
 is amended to read as follows:
   (9)  Provided  that the child is not on public assistance (i) extraor-
 dinary expenses incurred  by  the  non-custodial  parent  in  exercising
 [visitation] PARENTING TIME, or (ii) expenses incurred by the non-custo-
 dial  parent  in  extended [visitation] PARENTING TIME provided that the
 custodial parent's expenses are substantially reduced as a result there-
 of; and
   § 15. Subdivisions (a) and (c) of section 439 of the family court act,
 subdivision (a) as amended by section 1 of chapter 468 of  the  laws  of
 2012, and subdivision (c) as amended by chapter 576 of the laws of 2005,
 are amended to read as follows:
   (a) The chief administrator of the courts shall provide, in accordance
 with  subdivision  (f)  of this section, for the appointment of a suffi-
 cient number of  support  magistrates  to  hear  and  determine  support
 proceedings.  Except  as hereinafter provided, support magistrates shall
 be empowered to hear, determine and grant any relief within  the  powers
 of  the  court  in  any  proceeding  under  this article, articles five,
 five-A, and five-B and sections two hundred thirty-four and two  hundred
 thirty-five  of this act, and objections raised pursuant to section five
 thousand two hundred forty-one of the  civil  practice  law  and  rules.
 Support  magistrates shall not be empowered to hear, determine and grant
 any relief with respect to issues  specified  in  section  four  hundred
 fifty-five  of  this  article,  issues  of contested paternity involving
 claims of  equitable  estoppel,  custody,  [visitation]  PARENTING  TIME
 including  [visitation]  PARENTING  TIME  as  a  defense,  and orders of
 protection or exclusive possession of the home, which shall be  referred
 to  a judge as provided in subdivision (b) or (c) of this section. Where
 an order of filiation is issued by a judge in a paternity proceeding and
 child support is in issue, the judge, or support magistrate upon  refer-
 ral  from the judge, shall be authorized to immediately make a temporary
 or final order of support, as applicable.  A  support  magistrate  shall
 have  the  authority  to hear and decide motions and issue summonses and
 subpoenas to produce persons pursuant to section one hundred fifty-three
 of this act, hear and decide proceedings and issue any order  authorized
 by subdivision (g) of section five thousand two hundred forty-one of the
 civil  practice  law  and  rules,  issue  subpoenas to produce prisoners
 pursuant to section two thousand three hundred two of the civil practice
 law and rules and make  a  determination  that  any  person  before  the
 support  magistrate  is in violation of an order of the court as author-
 ized by section one hundred fifty-six of this act subject  to  confirma-
 tion  by  a  judge of the court who shall impose any punishment for such
 violation as provided by law. A determination by  a  support  magistrate
 that  a  person  is  in  willful violation of an order under subdivision
 three of section four hundred fifty-four of this article and that recom-
 mends commitment shall be transmitted to  the  parties,  accompanied  by
 findings  of  fact, but the determination shall have no force and effect
 until confirmed by a judge of the court.
   (c) The support magistrate, in any proceeding in which  issues  speci-
 fied in section four hundred fifty-five of this [act] ARTICLE, or issues
 of  custody, [visitation] PARENTING TIME, including [visitation] PARENT-
 ING TIME as a defense, orders of protection or exclusive  possession  of
 the  home  are present or in which paternity is contested on the grounds

 S. 3594                             9

 of equitable estoppel, shall make a temporary order of support and refer
 the proceeding to a judge. Upon determination of such issue by a  judge,
 the  judge  may  make  a final determination of the issue of support, or
 immediately  refer  the  proceeding  to a support magistrate for further
 proceedings regarding child support or other matters within the authori-
 ty of the support magistrate.
   § 16. Subdivision (a) of section 439  of  the  family  court  act,  as
 amended  by  section 2 of chapter 468 of the laws of 2012, is amended to
 read as follows:
   (a) The chief administrator of the courts shall provide, in accordance
 with subdivision (f) of this section, for the appointment  of  a  suffi-
 cient  number  of  support  magistrates  to  hear  and determine support
 proceedings. Except as hereinafter provided, support  magistrates  shall
 be  empowered  to hear, determine and grant any relief within the powers
 of the court in  any  proceeding  under  this  article,  articles  five,
 five-A,  and five-B and sections two hundred thirty-four and two hundred
 thirty-five of this act, and objections raised pursuant to section  five
 thousand  two  hundred  forty-one  of  the civil practice law and rules.
 Support magistrates shall not be empowered to hear, determine and  grant
 any  relief  with  respect  to  issues specified in section four hundred
 fifty-five of this article,  issues  of  contested  paternity  involving
 claims  of  equitable  estoppel,  custody,  [visitation]  PARENTING TIME
 including [visitation] PARENTING  TIME  as  a  defense,  and  orders  of
 protection  or exclusive possession of the home, which shall be referred
 to a judge as provided in subdivision (b) or (c) of this section.  Where
 an order of filiation is issued by a judge in a paternity proceeding and
 child  support is in issue, the judge, or support magistrate upon refer-
 ral from the judge, shall be authorized to immediately make a  temporary
 or  final  order  of  support, as applicable. A support magistrate shall
 have the authority to hear and decide motions and  issue  summonses  and
 subpoenas to produce persons pursuant to section one hundred fifty-three
 of  this act, hear and decide proceedings and issue any order authorized
 by subdivision (g) of section five thousand two hundred forty-one of the
 civil practice law and  rules,  issue  subpoenas  to  produce  prisoners
 pursuant to section two thousand three hundred two of the civil practice
 law  and  rules  and  make  a  determination  that any person before the
 support magistrate is in violation of an order of the court  as  author-
 ized  by  section one hundred fifty-six of this act subject to confirma-
 tion by a judge of the court who shall impose any  punishment  for  such
 violation  as  provided  by law. A determination by a support magistrate
 that a person is in willful violation  of  an  order  under  subdivision
 three of section four hundred fifty-four of this article and that recom-
 mends  commitment  shall  be  transmitted to the parties, accompanied by
 findings of fact, but the determination shall have no force  and  effect
 until confirmed by a judge of the court.
   §  17.  Subdivision  (b)  of  section  446 of the family court act, as
 amended by chapter 526 of the laws  of  2013,  is  amended  to  read  as
 follows:
   (b)  to permit a parent, or a person entitled to visitation OR PARENT-
 ING TIME by a court order or a separation agreement, to [visit] BE  WITH
 the child at stated periods;
   §  18. Section 447 of the family court act, subdivision (a) as amended
 by chapter 85 of the laws of 1996, is amended to read as follows:
   § 447. Order of [visitation] PARENTING TIME.  (a) In the absence of an
 order of custody or  of  [visitation]  PARENTING  TIME  entered  by  the
 supreme court, the court may make an order of custody or of [visitation]

 S. 3594                            10
 
 PARENTING  TIME,  in  accordance  with  subdivision  one  of section two
 hundred forty of the domestic relations law,  requiring  one  parent  to
 permit the other to [visit] BE WITH the children at stated periods with-
 out  an order of protection, even where the parents are divorced and the
 support order is for a child only.
   (b) Any order of the family court under this section  shall  terminate
 when  the  supreme  court  makes  an order of custody or of [visitation]
 PARENTING TIME concerning the children, unless the supreme court contin-
 ues the order of the family court.
   § 19. Subdivision (a) of section 456  of  the  family  court  act,  as
 amended  by  chapter  809  of  the  laws  of 1963, is amended to read as
 follows:
   (a) No person may be placed on probation under this article unless the
 court makes an order to that effect, either at the time of the making of
 an order of support or under section four  hundred  fifty-four  OF  THIS
 PART.  The  period  of  probation  may  continue  so long as an order of
 support, order of protection or order  of  [visitation]  PARENTING  TIME
 applies to such person.
   § 20. Subdivisions (a) and (b) of section 467 of the family court act,
 as  amended  by  chapter  40 of the laws of 1981, are amended to read as
 follows:
   (a) In an action for divorce, separation  or  annulment,  the  supreme
 court may refer to the family court the determination of applications to
 fix  temporary  or  permanent  custody  or  [visitation] PARENTING TIME,
 applications to enforce judgments and orders of custody or  [visitation]
 PARENTING  TIME,  and  applications  to  modify  judgments and orders of
 custody which modification may be granted only upon  a  showing  to  the
 family  court  that  there has been a subsequent change of circumstances
 and that modification is required.
   (b) In the event no such referral has been made and unless the supreme
 court provides in the order or judgment awarding custody or [visitation]
 PARENTING TIME in an action for divorce, separation or  annulment,  that
 it  may  be  enforced  or modified only in the supreme court, the family
 court may: (i) determine an application to enforce the order or judgment
 awarding custody or [visitation] PARENTING TIME, or  (ii)  determine  an
 application to modify the order or judgment awarding custody or [visita-
 tion]  PARENTING  TIME  upon  a showing that there has been a subsequent
 change of circumstances and modification is required.
   § 21. Section 511 of the family court act, as amended by  chapter  533
 of the laws of 1999, is amended to read as follows:
   §  511.  Jurisdiction.  Except as otherwise provided, the family court
 has exclusive original jurisdiction in proceedings to establish paterni-
 ty and, in any such proceedings in which it makes a finding of  paterni-
 ty,  to  order  support and to make orders of custody or of [visitation]
 PARENTING TIME, as set forth in this article. On  its  own  motion,  the
 court  may  at  any  time in the proceedings also direct the filing of a
 neglect petition in accord with the provisions of article  ten  of  this
 act.  In  accordance with the provisions of section one hundred eleven-b
 of the domestic relations law, the surrogate's court has original juris-
 diction concurrent with the family court to determine the issues  relat-
 ing to the establishment of paternity.
   §  22. Section 549 of the family court act, as added by chapter 952 of
 the laws of 1971, subdivision (a) as amended by chapter 85 of  the  laws
 of 1996, is amended to read as follows:
   § 549. Order of [visitation] PARENTING TIME.  (a) If an order of fili-
 ation  is  made or if a paternity agreement or compromise is approved by

 S. 3594                            11
 
 the court, in the absence of an order  of  custody  or  of  [visitation]
 PARENTING TIME entered by the supreme court the family court may make an
 order  of  custody or of [visitation] PARENTING TIME, in accordance with
 subdivision  one  of section two hundred forty of the domestic relations
 law, requiring one parent to permit the other to  [visit]  BE  WITH  the
 child or children at stated periods.
   (b)  Any  order of the family court under this section shall terminate
 when the supreme court makes an order  of  custody  or  of  [visitation]
 PARENTING  TIME  concerning  the  child  or children, unless the supreme
 court continues the order of the family court.
   § 23. Subdivision (b) of section 551  of  the  family  court  act,  as
 amended  by  chapter  526  of  the  laws  of 2013, is amended to read as
 follows:
   (b) to permit a parent PARENTING TIME, or a person entitled to visita-
 tion by a court order or a separation agreement to [visit] BE  WITH  the
 child at stated periods;
   § 24. Section 651 of the family court act, as amended by chapter 85 of
 the  laws of 1996, subdivision (b) as amended by chapter 657 of the laws
 of 2003, subdivision (c-1) as added by chapter 567 of the laws of  2015,
 subdivision  (d)  as amended by chapter 41 of the laws of 2010, subdivi-
 sion (e) as amended by chapter 295 of the laws of 2009  and  subdivision
 (f)  as  added by chapter 473 of the laws of 2009, is amended to read as
 follows:
   § 651. Jurisdiction over habeas corpus proceedings and  petitions  for
 custody  [and],  visitation  AND  PARENTING  TIME  of  minors.  (a) When
 referred from the supreme court or county court to the family court, the
 family court has jurisdiction to determine, in accordance with  subdivi-
 sion  one of section two hundred forty of the domestic relations law and
 with the same powers possessed by the supreme court in addition  to  its
 own  powers,  habeas corpus proceedings and proceedings brought by peti-
 tion and order to show cause, for the determination of the custody [or],
 visitation AND PARENTING TIME of minors.
   (b) When initiated in the family court, the family court has jurisdic-
 tion to determine, in accordance with subdivision  one  of  section  two
 hundred  forty  of  the  domestic relations law and with the same powers
 possessed by the supreme court in addition to  its  own  powers,  habeas
 corpus proceedings and proceedings brought by petition and order to show
 cause, for the determination of the custody [or], visitation AND PARENT-
 ING TIME of minors, including applications by a grandparent or grandpar-
 ents for visitation or custody rights pursuant to section seventy-two or
 two hundred forty of the domestic relations law.
   (c)  When  initiated  in the family court pursuant to a petition under
 part eight of article ten of this act or section  three  hundred  fifty-
 eight-a of the social services law, the family court has jurisdiction to
 enforce  or  modify orders or judgments of the supreme court relating to
 the [visitation] PARENTING TIME of minors in foster care,  notwithstand-
 ing  any limitation contained in subdivision (b) of section four hundred
 sixty-seven of this act.
   (c-1) Where a proceeding filed pursuant to article  ten  or  ten-A  of
 this  act  is  pending  at  the same time as a proceeding brought in the
 family court pursuant to this article,  the  court  presiding  over  the
 proceeding  under  article ten or ten-A of this act may jointly hear the
 hearing on the custody [and], visitation, AND  PARENTING  TIME  petition
 under  this  article and the dispositional hearing on the petition under
 article ten or the permanency hearing under article ten-A of  this  act;
 provided,  however,  the court must determine the custody [and], visita-

 S. 3594                            12
 
 tion AND PARENTING TIME petition in accordance with the  terms  of  this
 article.
   (d)  With respect to applications by a grandparent or grandparents for
 visitation or custody rights, made pursuant to  section  seventy-two  or
 two  hundred  forty of the domestic relations law, with a child remanded
 or placed in the care of  a  person,  official,  agency  or  institution
 pursuant to the provisions of article ten of this act, the applicant, in
 such  manner  as  the  court  shall prescribe, shall serve a copy of the
 application upon the social services official having care and custody of
 such child, and the child's attorney, who shall be afforded an  opportu-
 nity to be heard thereon.
   (e)  1.  Permanent and initial temporary orders of custody or [visita-
 tion] PARENTING TIME.  Prior to the issuance of any permanent or initial
 temporary order of custody or [visitation]  PARENTING  TIME,  the  court
 shall  conduct a review of the decisions and reports listed in paragraph
 three of this subdivision.
   2. Successive temporary orders of custody  or  [visitation]  PARENTING
 TIME.  Prior to the issuance of any successive temporary order of custo-
 dy  or  [visitation] PARENTING TIME, the court shall conduct a review of
 the decisions and reports listed in paragraph three of this subdivision,
 unless such a review has been conducted within ninety days prior to  the
 issuance of such order.
   3.  Decisions and reports for review. The court shall conduct a review
 of the following:
   (i) related decisions in court proceedings initiated pursuant to arti-
 cle ten of this act, and all warrants issued under this act; and
   (ii) reports of the  statewide  computerized  registry  of  orders  of
 protection  established  and  maintained pursuant to section two hundred
 twenty-one-a of the executive law,  and  reports  of  the  sex  offender
 registry  established  and  maintained  pursuant  to section one hundred
 sixty-eight-b of the correction law.
   4. Notifying counsel and issuing orders. Upon consideration  of  deci-
 sions  pursuant  to  article  ten  of this act, and registry reports and
 notifying counsel involved in the proceeding, or in the event of a self-
 represented party, notifying such party of the results thereof,  includ-
 ing  any  court  appointed  attorney for children, the court may issue a
 temporary, successive temporary or final order of  custody  or  [visita-
 tion] PARENTING TIME.
   5.  Temporary  emergency order. Notwithstanding any other provision of
 the law, upon emergency situations, including computer malfunctions,  to
 serve  the  best  interest of the child, the court may issue a temporary
 emergency order for custody or [visitation] PARENTING TIME in the  event
 that it is not possible to timely review decisions and reports on regis-
 tries as required pursuant to paragraph three of this subdivision.
   6.  After  issuing a temporary emergency order. After issuing a tempo-
 rary emergency order of custody  or  [visitation]  PARENTING  TIME,  the
 court  shall  conduct reviews of the decisions and reports on registries
 as required pursuant to paragraph three of this subdivision within twen-
 ty-four hours of the issuance of such temporary emergency order.  Should
 such twenty-four hour period fall on a day when court is not in session,
 then  the required reviews shall take place the next day the court is in
 session. Upon reviewing decisions and reports  the  court  shall  notify
 associated  counsel, self-represented parties and attorneys for children
 pursuant to paragraph four of this subdivision and may  issue  temporary
 or permanent custody or [visitation] PARENTING TIME orders.

 S. 3594                            13
 
   7.  Feasibility  study. The commissioner of the office of children and
 family services, in conjunction with the office of court administration,
 is hereby authorized and directed to examine, study, evaluate  and  make
 recommendations concerning the feasibility of the utilization of comput-
 ers in family courts which are connected to the statewide central regis-
 ter  of child abuse and maltreatment established and maintained pursuant
 to section four hundred twenty-two of the  social  services  law,  as  a
 means  of  providing  family  courts  with information regarding parties
 requesting orders  of  custody  or  [visitation]  PARENTING  TIME.  Such
 commissioner  shall  make  a  preliminary report to the governor and the
 legislature of findings, conclusions and recommendations not later  than
 January thirty-first, two thousand nine, and a final report of findings,
 conclusions  and recommendations not later than June first, two thousand
 nine, and shall submit with the reports such  legislative  proposals  as
 are deemed necessary to implement the commissioner's recommendations.
   (f)  Military  service  by  parent; effect on child custody orders. 1.
 During the period of time that a parent is activated, deployed or tempo-
 rarily assigned to military service, such that the parent's  ability  to
 continue  as a joint caretaker or the primary caretaker of a minor child
 is materially affected by  such  military  service,  any  orders  issued
 pursuant  to  this  section,  based on the fact that the parent is acti-
 vated, deployed or temporarily assigned to military service, which would
 materially affect or change  a  previous  judgment  or  order  regarding
 custody  of  that  parent's  child or children as such judgment or order
 existed on the date the parent was activated, deployed,  or  temporarily
 assigned  to  military  service,  shall be subject to review pursuant to
 paragraph three of this subdivision.  Any  relevant  provisions  of  the
 Service  Member's  Civil  Relief  Act  shall  apply  to  all proceedings
 governed by this section.
   2. During such period, the court may enter an order to modify  custody
 if  there  is  clear and convincing evidence that the modification is in
 the best interests of the child. An attorney  for  the  child  shall  be
 appointed  in all cases where a modification is sought during such mili-
 tary service. Such order shall be subject to review  pursuant  to  para-
 graph three of this subdivision. When entering an order pursuant to this
 section, the court shall consider and provide for, if feasible and if in
 the  best  interests  of the child, contact between the military service
 member and his or her child including, but not  limited  to,  electronic
 communication  by  e-mail,  webcam, telephone, or other available means.
 During the period of the parent's leave from military service, the court
 shall consider the best interests  of  the  child  when  establishing  a
 parenting  schedule,  including  visiting  and other contact.   For such
 purpose, a "leave from military service" shall be a period of  not  more
 than three months.
   3. Unless the parties have otherwise stipulated or agreed, if an order
 is  issued  pursuant  to this subdivision, the return of the parent from
 active military service, deployment or  temporary  assignment  shall  be
 considered  a  substantial  change in circumstances. Upon the request of
 either parent, the court shall determine on the  basis  of  the  child's
 best  interests  whether  the  custody  judgment  or order previously in
 effect should be modified.
   4. This subdivision shall not apply to assignments to  permanent  duty
 stations or permanent changes of station.
   §  25. Section 651-a of the family court act, as amended by chapter 12
 of the laws of 1996, is amended to read as follows:

 S. 3594                            14
 
   § 651-a. Reports of child abuse and  maltreatment;  admissibility.  In
 any proceeding brought pursuant to this section to determine the custody
 [or],  visitation  OR  PARENTING  TIME  of  minors, a report made to the
 statewide central register of child abuse and maltreatment, pursuant  to
 title six of article six of the social services law, or a portion there-
 of,  which is otherwise admissible as a business record pursuant to rule
 forty-five hundred eighteen of the civil practice law  and  rules  shall
 not  be  admissible  in  evidence,  notwithstanding such rule, unless an
 investigation of such report conducted pursuant to title six of  article
 six  of the social services law has determined that there is some credi-
 ble evidence of the alleged abuse or maltreatment, that the  subject  of
 the report has been notified that the report is indicated.  In addition,
 if such report has been reviewed by the [state] commissioner of [social]
 THE  OFFICE OF CHILDREN AND FAMILY services or his designee and has been
 determined to be unfounded, it shall not be admissible in  evidence.  If
 such  report  has  been  so  reviewed and has been amended to delete any
 finding, each such deleted finding  shall  not  be  admissible.  If  the
 [state]  commissioner  of  [social]  THE  OFFICE  OF CHILDREN AND FAMILY
 services or his designee has amended the report to add any new  finding,
 each  such new finding, together with any portion of the original report
 not deleted by [the] SUCH commissioner or his designee, shall be  admis-
 sible  if  it meets the other requirements of this section and is other-
 wise admissible as a business record. If such a report, or portion ther-
 eof, is admissible in evidence but is uncorroborated, it  shall  not  be
 sufficient  to  make  a  fact  finding  of abuse or maltreatment in such
 proceeding. Any other evidence tending to  support  the  reliability  of
 such report shall be sufficient corroboration.
   § 26. Subdivisions (a) and (b) of section 652 of the family court act,
 as  amended  by  chapter  40 of the laws of 1981, are amended to read as
 follows:
   (a) When referred from the supreme court  to  the  family  court,  the
 family  court  has  jurisdiction  to  determine,  with  the  same powers
 possessed by the supreme court, applications to fix temporary or  perma-
 nent  custody and applications to modify judgments and orders of custody
 or [visitation] PARENTING TIME in actions and  proceedings  for  marital
 separation,  divorce, annulment of marriage and dissolution of marriage.
 Applications to modify judgments and orders of custody may be granted by
 the family court under this section only upon the showing to the  family
 court  that there has been a subsequent change of circumstances and that
 modification is required.
   (b) In the event no such referral has been made and unless the supreme
 court provides in the order or judgment awarding custody or [visitation]
 PARENTING TIME in an action for divorce, separation or  annulment,  that
 it  may  be  enforced  or modified only in the supreme court, the family
 court may: (i) determine an application to enforce the order or judgment
 awarding custody or [visitation] PARENTING TIME, or  (ii)  determine  an
 application to modify the order or judgment awarding custody or [visita-
 tion]  PARENTING  TIME  upon  a showing that there has been a subsequent
 change of circumstances and modification is required.
   § 27. Subdivision (b) of section 656  of  the  family  court  act,  as
 amended  by  chapter  526  of  the  laws  of 2013, is amended to read as
 follows:
   (b) to permit a parent PARENTING TIME, or a person entitled to visita-
 tion by a court order or a separation agreement, to [visit] BE WITH  the
 child at stated periods;

 S. 3594                            15
 
   §  28.  Subdivision  (b)  of  section  759 of the family court act, as
 amended by chapter 483 of the laws  of  1995,  is  amended  to  read  as
 follows:
   (b) to permit a parent PARENTING TIME, or a person entitled to visita-
 tion  by a court order or a separation agreement, to [visit] BE WITH the
 child at stated periods;
   § 29. Subdivision (b) of section 842  of  the  family  court  act,  as
 amended  by  chapter  526  of  the  laws  of 2013, is amended to read as
 follows:
   (b) to permit a parent PARENTING TIME, or a person entitled to visita-
 tion by a court order or a separation agreement, to [visit] BE WITH  the
 child at stated periods;
   § 30. Section 119 of the family court act is amended by adding two new
 subdivisions (d) and (e) to read as follows:
   (D)  "VISITATION"  REFERS  TO  TIME PERMITTED TO BE SPENT WITH A CHILD
 PURSUANT TO A COURT ORDER UNDER THIS CHAPTER, THE FAMILY COURT ACT OR AN
 ORDER ENFORCED UNDER ARTICLE FIVE-A OF THIS CHAPTER, BY A PERSON WHO  IS
 NOT A PARENT OF THE CHILD. THIS SHALL INCLUDE GRANDPARENTS, SIBLINGS AND
 STEP-PARENTS.
   (E)  "PARENTING  TIME"  REFERS TO THE PERIOD OF TIME THAT A PARENT MAY
 SPEND WITH HIS OR HER CHILD PURSUANT TO A COURT ORDER UNDER  THIS  CHAP-
 TER,  THE  FAMILY COURT ACT OR AN ORDER ENFORCED UNDER ARTICLE FIVE-A OF
 THIS CHAPTER.
   § 31. This act shall take effect immediately, provided that the amend-
 ments to subdivision (a) of section 439 of the family court act made  by
 section  fifteen  of  this  act  shall  be subject to the expiration and
 reversion of such subdivision pursuant to section 246 of chapter  81  of
 the  laws  of  1995,  as  amended, when upon such date the provisions of
 section sixteen of this act shall take effect.