senate Bill S7886

2017-2018 Legislative Session

Relates to the duration of orders of protection in child abuse and neglect proceedings and in permanency planning hearings in family court

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee


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

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (6)
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

Votes

view votes

Mar 20, 2018 - Children and Families committee Vote

S7886
7
0
committee
7
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Children and Families committee vote details

Children and Families Committee Vote: Mar 20, 2018

Co-Sponsors

S7886 - Details

Current Committee:
Senate Rules
Law Section:
Family Court Act
Laws Affected:
Amd §§1056 & 1089, Fam Ct Act

S7886 - Summary

Relates to the duration of orders of protection in child abuse and neglect proceedings and in permanency planning hearings in family court; extends to two years and for certain cases to five years.

S7886 - Sponsor Memo

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

S7886A (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Family Court Act
Laws Affected:
Amd §§1056 & 1089, Fam Ct Act

S7886A (ACTIVE) - Summary

Relates to the duration of orders of protection in child abuse and neglect proceedings and in permanency planning hearings in family court; extends to two years and for certain cases to five years.

S7886A (ACTIVE) - Sponsor Memo

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

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.