NY State Senate Bill 2021-S564A

Senate Bill S564A

2021-2022 Legislative Session

Relates to requiring orders of custody to state whether law enforcement is authorized to remove a child or children

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Archive: Last Bill Status - In Senate Committee Children And Families 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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 25, 2022	print number 564a
Mar 25, 2022	amend and recommit to children and families
Jan 05, 2022	referred to children and families
Jan 06, 2021	referred to children and families

Bill Amendments

Original

A (Active)

co-Sponsors

2021-S564 - Details

See Assembly Version of this Bill:: A1179
Current Committee:: Senate Children And Families
Law Section:: Family Court Act
Laws Affected:: Amd §§651 & 652, Fam Ct Act
Versions Introduced in Other Legislative Sessions:: 2019-2020: S4955, A6848
2023-2024: S3157, A487

2021-S564 - Summary

Requires orders of custody to state whether law enforcement is authorized to remove a child or children in order to comply with and enforce such orders.

2021-S564 - Sponsor Memo

                                
 
BILL NUMBER: S564

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the family court act, in relation to the removal of
children by orders of custody

 
PURPOSE OR GENERAL IDEA OF:

To require that Family Court judges specify whether law enforcement can
forcibly take a child when there is an order that changes custody,
either permanent or temporary.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends section 651(e)(4) of the Family Court Act to require
that an order changing permanent or temporary custody must state whether
law enforcement is authorized to remove the child or children in order
to comply with the order.

Section two amends section 652 (a) and (b) of the Family Court Act to
require that an order or judgment modifying permanent or temporary
custody in a matrimonial action shall clarify whether the law enforce-
ment is authorized to remove the child in order to comply with the
order.

Section three provides the effective date.

 
JUSTIFICATION:

Recently, a horrific tragedy occurred in Westchester County when a two
year old child was killed, allegedly murdered by her mother. The night
before the toddler's death, police officers had arrived at the mother's
residence with an order changing custody of the child from the mother to
the father, but the order was written in such away that the police did
not believe that they could forcibly remove the child from the home.
When the mother refused to give the child to police, child services were
called, and other law enforcement agencies. By the next morning, the
child was dead.

This bill seeks to avoid this terrible tragedy from being repeated by
inserting language into the existing law that requires family court
judges to specify how police should act in carrying out any orders and
judgments changing custody, whether temporary or permanent. Any order
that changes custody, either temporary or permanent, must clarify wheth-
er law enforcement is authorized to take the child. The purpose is to
provide clarity to law enforcement in these difficult situations, so
that both the police and the litigants know what the police may or may
not do.

 
PRIOR LEGISLATIVE HISTORY:

S.4955 of 2019-2020 (Hoylman): Died in Children and Families
A.6848 of 2019-2020 (Paulin): Died in Judiciary

 
FISCAL IMPLICATIONS:

None.
 
EFFECTIVE DATE:
Immediately

2021-S564 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    564
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  HOYLMAN, MAYER -- 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 removal of
   children by orders of custody

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 4 of subdivision (e) of section 651 of the family
 court  act, as amended by chapter 295 of the laws of 2009, is amended to
 read as follows:
   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 visitation.
 SUCH ORDERS SHALL STATE WHETHER LAW ENFORCEMENT IS AUTHORIZED TO  REMOVE
 THE CHILD OR CHILDREN IN ORDER TO COMPLY WITH AND ENFORCE SAID ORDERS.
   §  2. 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  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  modifica-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD02060-01-1

 S. 564                              2
 
 tion  is required. SUCH DETERMINATIONS, INCLUDING MODIFICATIONS OF JUDG-
 MENTS OR ORDERS OF CUSTODY,  SHALL  STATE  WHETHER  LAW  ENFORCEMENT  IS
 AUTHORIZED  TO  REMOVE THE CHILD OR CHILDREN IN ORDER TO COMPLY WITH AND
 ENFORCE COURT JUDGMENTS OR ORDERS. 
   (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
 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,  or (ii) determine an application to modify the
 order or judgment awarding custody or visitation  upon  a  showing  that
 there  has been a subsequent change of circumstances and modification is
 required. SUCH DETERMINATIONS, INCLUDING MODIFICATIONS OF  JUDGMENTS  OR
 ORDERS  OF CUSTODY, SHALL STATE WHETHER LAW ENFORCEMENT IS AUTHORIZED TO
 REMOVE THE CHILD OR CHILDREN IN ORDER TO COMPLY WITH AND  ENFORCE  COURT
 JUDGMENTS OR ORDERS.
   § 3. This act shall take effect immediately.

co-Sponsors

2021-S564A (ACTIVE) - Details

See Assembly Version of this Bill:: A1179
Current Committee:: Senate Children And Families
Law Section:: Family Court Act
Laws Affected:: Amd §§651 & 652, Fam Ct Act
Versions Introduced in Other Legislative Sessions:: 2019-2020: S4955, A6848
2023-2024: S3157, A487

2021-S564A (ACTIVE) - Summary

Requires orders of custody to state whether law enforcement is authorized to remove a child or children in order to comply with and enforce such orders.

2021-S564A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S564A

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the family court act, in relation to the removal of
children by orders of custody

 
PURPOSE OR GENERAL IDEA OF BILL:

To require that Family Court judges specify whether law enforcement can
forcibly take a child when there is an order that changes custody,
either permanent or temporary.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends section -651(e) (4) of the Family Court Act to
require that an order changing permanent or temporary custody, when
relevant, shall state whether law enforcement is authorized to remove
the child or children in order to comply with the order.

Section two amends section 652 (a) and (b) of the Family Court Act to

require that an order or judgment modifying permanent or temporary
custody in a matrimonial action, when relevant, shall clarify whether
the law enforcement is authorized to remove the child in order to comply
with the order.

Section three provides the effective date.

 
JUSTIFICATION:

Recently, a horrific tragedy occurred in Westchester County when a two
year old child was.killed, allegedly murdered by her mother. The night
before the toddler's death, police officers had arrived at the mother's
residence with an order changing custody of the child from the mother to
the father, but the order was written. in such a way that the police did
not believe that they could forcibly remove the child from the home.
When the mother refused to give the child to police, child services were
called, and other law enforcement agencies. By the next morning, the
child was dead.

This bill seeks to avoid this terrible tragedy from being repeated by
inserting language into the existing law-that requires family court
judges to specify how police should act in carrying out any orders and
judgments changing custody, whether temporary or permanent. Any order
that changes custody, either temporary or permanent, must clarify wheth-
er law enforcement-is authorized to take the child. The purpose is to
provide clarity to law enforcement in these difficult situations, so
that both the police and the litigants know what the police may or may
not do.

 
PRIOR LEGISLATIVE HISTORY:

A.6848, 2019 and 2020, referred to judiciary / Same as S.4955, 2019 and
2020 referred to children and families

 
FISCAL IMPLICATIONS:

None.
 
EFFECTIVE DATE:
Immediately

2021-S564A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  564--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  HOYLMAN, MAYER -- read twice and ordered printed,
   and when printed to be committed to  the  Committee  on  Children  and
   Families  --  recommitted to the Committee on Children and Families in
   accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the family court act, in  relation  to  the  removal  of
   children by orders of custody
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 4 of subdivision (e) of section 651 of the family
 court act, as amended by chapter 295 of the laws of 2009, is amended  to
 read as follows:
   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 visitation.
 SUCH  ORDERS,  WHEN  RELEVANT,  SHALL  STATE  WHETHER LAW ENFORCEMENT IS
 AUTHORIZED TO REMOVE THE CHILD OR CHILDREN IN ORDER TO COMPLY  WITH  AND
 ENFORCE SAID ORDERS.
   §  2. 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  in  actions  and  proceedings  for  marital  separation,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02060-03-1
 S. 564--A                           2
 
 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 modifica-
 tion is required. SUCH DETERMINATIONS, INCLUDING MODIFICATIONS OF  JUDG-
 MENTS  OR  ORDERS  OF  CUSTODY,  WHEN  RELEVANT, SHALL STATE WHETHER LAW
 ENFORCEMENT IS AUTHORIZED TO REMOVE THE CHILD OR CHILDREN  IN  ORDER  TO
 COMPLY WITH AND ENFORCE COURT JUDGMENTS OR ORDERS. 
   (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
 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,  or (ii) determine an application to modify the
 order or judgment awarding custody or visitation  upon  a  showing  that
 there  has been a subsequent change of circumstances and modification is
 required. SUCH DETERMINATIONS, INCLUDING MODIFICATIONS OF  JUDGMENTS  OR
 ORDERS OF CUSTODY, WHEN RELEVANT, SHALL STATE WHETHER LAW ENFORCEMENT IS
 AUTHORIZED  TO  REMOVE THE CHILD OR CHILDREN IN ORDER TO COMPLY WITH AND
 ENFORCE COURT JUDGMENTS OR ORDERS.
   § 3. This act shall take effect immediately.

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Senate Bill S564A

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Sponsored By

Brad Hoylman-Sigal

Archive: Last Bill Status - In Senate Committee Children And Families Committee

Bill Amendments

co-Sponsors

Shelley B. Mayer

2021-S564 - Details

2021-S564 - Summary

2021-S564 - Sponsor Memo

2021-S564 - Bill Text download pdf

co-Sponsors

Shelley B. Mayer

2021-S564A (ACTIVE) - Details

2021-S564A (ACTIVE) - Summary

2021-S564A (ACTIVE) - Sponsor Memo

2021-S564A (ACTIVE) - Bill Text download pdf

Comments