Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 20, 2018 |
committed to rules |
Jun 13, 2018 |
amended on third reading 7886a |
Mar 22, 2018 |
advanced to third reading |
Mar 21, 2018 |
2nd report cal. |
Mar 20, 2018 |
1st report cal.693 |
Mar 06, 2018 |
referred to children and families |
Senate Bill S7886A
2017-2018 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Rules 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
Actions
Votes
Bill Amendments
co-Sponsors
(D, WF) Senate District
2017-S7886 - Details
- Current Committee:
- Senate Rules
- Law Section:
- Family Court Act
- Laws Affected:
- Amd §§1056 & 1089, Fam Ct Act
2017-S7886 - Sponsor Memo
BILL NUMBER: S7886 SPONSOR: AVELLA TITLE OF BILL: An act to amend the family court act, in relation to the duration of orders of protection in child abuse and neglect proceedings and in permanency planning hearings in family court This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of his Family Court Advisory and Rules Committee. A serious problem confronting 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. Subdivision one of 1056 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 Nevaeh T., 151 A.D.3d 1766 (4th Dept., 2017); Matter of Alexis A. (Richard V.), 143 A.D.3d 700 (rd Dept., 2016); Matter of Kole HH, 84 A.D.3d 1518 (31d Dept., 2011);
2017-S7886 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7886 I N S E N A T E March 6, 2018 ___________ Introduced by Sen. AVELLA -- (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, in relation to the duration of orders of protection in child abuse and neglect proceedings and in permanency planning hearings in family court THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The opening paragraph of subdivision 1 of section 1056 of the family court act, as amended by chapter 526 of the laws of 2013, is 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 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, FOR A PERIOD OF UP TO FIVE YEARS. SUCH ORDER OF PROTECTION may be extended concurrently 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 condi- tions of behavior FOR THE PURPOSES OF PROTECTION 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: § 2. 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 court may [make] ISSUE an order of protection in the manner specified by section one thousand fifty-six of this act in assistance or as a condition of any other order [made] ISSUED under this section. The EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
co-Sponsors
(D, WF) Senate District
2017-S7886A (ACTIVE) - Details
- Current Committee:
- Senate Rules
- Law Section:
- Family Court Act
- Laws Affected:
- Amd §§1056 & 1089, Fam Ct Act
2017-S7886A (ACTIVE) - Sponsor Memo
BILL NUMBER: S7886A SPONSOR: AVELLA TITLE OF BILL: An act to amend the family court act, in relation to the duration of orders of protection in child abuse and neglect proceedings and in permanency planning hearings in family court This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of his Family Court Advisory and Rules Committee. A serious problem confronting 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. Subdivision one of 1056 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 Nevaeh T., 151 A.D.3d 1766 (4th Dept., 2017); Matter of Alexis A. (Richard V.), 143 A.D.3d 700 (2nd Dept., 2016); Matter of Kole HH, 84 A.D.3d 1518 (3rd Dept., 2011);
2017-S7886A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7886--A Cal. No. 693 I N S E N A T E March 6, 2018 ___________ Introduced by Sens. AVELLA, KENNEDY -- (at request of the Office of Court Administration) -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the family court act, in relation to the duration of orders of protection in child abuse and neglect proceedings and in permanency planning hearings in family court THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The opening paragraph of subdivision 1 of section 1056 of the family court act, as amended by chapter 526 of the laws of 2013, is 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 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 SPECIAL CIRCUMSTANCES, FOR A PERIOD OF UP TO FIVE YEARS. FOR PURPOSES OF THIS SECTION, "SPECIAL CIRCUMSTANCES" SHALL MEAN PHYSICAL INJURY OR SERIOUS PHYSICAL INJURY CAUSED BY THE RESPONDENT TO THE PROTECTED PERSON OR PERSONS OR ANY MINOR CHILD, THE USE OF A DANGEROUS INSTRUMENT BY THE RESPONDENT AGAINST THE PROTECTED PERSON OR PERSONS OR ANY MINOR CHILD, A HISTORY OF VIOLATIONS OF ORDERS OF PROTECTION BY THE RESPONDENT, PRIOR CONVICTIONS FOR CRIMES AGAINST THE PROTECTED PERSON OR PERSONS OR A MINOR CHILD BY THE RESPONDENT OR THE COMMISSION BY THE RESPONDENT OF ACTS CONSTITUTING A FELONY SEX OFFENSE AS DEFINED IN SUBDIVISION (E) OF SECTION ONE THOUSAND TWELVE OF THIS ARTICLE AND LIKE INCIDENTS, BEHAV- IORS AND OCCURRENCES WHICH TO THE COURT CONSTITUTE AN IMMEDIATE AND ONGOING DANGER TO THE PROTECTED PERSON OR PERSONS OR A MINOR CHILD OR ANY FAMILY OR HOUSEHOLD MEMBER. THE ORDER OF PROTECTION may be extended INDEPENDENTLY OR concurrently with[, such other] ANOTHER order [made] ISSUED under this [part] ARTICLE OR ARTICLE TEN-A OF THIS ACT, except as
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