S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7680
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 5, 2023
                                ___________
 
 Introduced  by  M.  of  A. McMAHON -- (at request of the Office of Court
   Administration) -- read once and referred to the Committee on Children
   and Families
 
 AN ACT to  amend  the  family  court  act,  in  relation  to  orders  of
   protection in child abuse and neglect proceedings 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 remain in effect concurrently  with,  shall  expire  no
 later  than  the  expiration  date  of, and may be extended concurrently
 with, such other order made under  this  part,  except  as  provided  in
 subdivision  four  AND  SUBDIVISION FOUR-A of this section. The order of
 protection may  set  forth  reasonable  conditions  of  behavior  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. Section 1056 of the family court act is amended by adding  a  new
 subdivision 4-a to read as follows:
   4-A.  THE  COURT MAY ISSUE AN ORDER OF PROTECTION AGAINST A PERSON WHO
 WAS A MEMBER OF THE CHILD'S HOUSEHOLD OR A PERSON LEGALLY RESPONSIBLE AS
 DEFINED IN SECTION ONE THOUSAND TWELVE OF THIS ARTICLE AND WHO IS NOT  A
 PARENT  OF  THE  CHILD, INDEPENDENTLY OF ANY OTHER ORDER MADE UNDER THIS
 PART WHICH MAY CONTAIN ANY PROVISION AUTHORIZED UNDER SUBDIVISION ONE OF
 THIS SECTION. SUCH ORDER OF PROTECTION ISSUED  UNDER  THIS  SECTION  MAY
 REMAIN  IN EFFECT FOR A PERIOD OF UP TO TWO YEARS OR, IF THE COURT FINDS
 SPECIAL CIRCUMSTANCES, A PERIOD OF UP TO FIVE  YEARS.  FOR  PURPOSES  OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08978-01-3
              

 A. 7680                             2
 
 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 EXPOSURE BY THE RESPONDENT OF THE
 PROTECTED PERSON OR PERSONS OR A MINOR CHILD OR ANY FAMILY OR  HOUSEHOLD
 MEMBER  TO PHYSICAL INJURY OR ACTS CONSTITUTING A SEX OFFENSE AS DEFINED
 IN SUBDIVISION (E) OF SECTION ONE THOUSAND TWELVE OF  THIS  ARTICLE  AND
 LIKE  INCIDENTS, BEHAVIORS 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. SUCH ORDER OF PROTECTION
 MAY BE EXTENDED INDEPENDENTLY OR CONCURRENTLY  WITH,  ANY  ORDER  ISSUED
 UNDER THIS ARTICLE OR ARTICLE TEN-A OF THIS CHAPTER. SUCH ORDER SHALL BE
 SUBJECT  TO  ANNUAL  REVIEW,  MODIFICATION OR VACATUR BY THE COURT, UPON
 MOTION BY ANY PARTY AS PROVIDED HEREIN. THE TOTAL PERIOD OF  SUCH  ORDER
 SHALL BE NO MORE THAN TWO YEARS, OR IF THERE WAS A SPECIAL CIRCUMSTANCES
 FINDING, FIVE YEARS FROM THE DATE OF THE INITIAL ORDER.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.