S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3170--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2023
                                ___________
 
 Introduced   by   Sens.   SKOUFIS,  BORRELLO,  CLEARE,  COMRIE,  COONEY,
   GOUNARDES, HARCKHAM, HINCHEY, KRUEGER, MARTINS, MATTERA, MURRAY, OBER-
   ACKER, PALUMBO, RAMOS, ROLISON, SEPULVEDA, WEBER, WEIK --  read  twice
   and ordered printed, and when printed to be committed to the Committee
   on  Judiciary -- committee discharged, bill amended, ordered reprinted
   as amended and recommitted to said committee
 
 AN ACT to amend the domestic relations law and the family court act,  in
   relation to establishing "Kyra's Law"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 "Kyra's Law".
   §  2.  Subdivision  1  of section 240 of the domestic relations law is
 amended by adding a new opening paragraph to read as follows:
   THE LEGISLATURE RECOGNIZES THAT THE SAFETY OF CHILDREN IS OF PARAMOUNT
 IMPORTANCE AND IS AN INTEGRAL ELEMENT OF THEIR BEST INTERESTS.  TO  THAT
 END, THE LEGISLATURE FINDS THAT JUDICIAL DECISIONS REGARDING CUSTODY OF,
 AND  ACCESS  TO,  CHILDREN  MUST ENSURE CHILDREN'S SAFETY AS A THRESHOLD
 ISSUE.
   § 3. 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 added 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 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,

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06231-03-3
              

 S. 3170--A                          2
 
 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.  WHEN THE PARTIES FIRST
 APPEAR IN COURT, THE COURT SHALL ADVISE THE PARTIES BEFORE PROCEEDING OF
 THE  RIGHT  TO  BE  REPRESENTED BY COUNSEL OF THEIR OWN CHOOSING, OF THE
 RIGHT TO HAVE AN ADJOURNMENT OF NO LONGER THAN FOURTEEN  COURT  DAYS  TO
 CONFER  WITH COUNSEL, AND THE RIGHT TO OBTAIN COUNSEL FEES AND EXPENSES,
 PURSUANT TO SECTION TWO  HUNDRED  THIRTY-SEVEN  OF  THIS  ARTICLE.  WHEN
 APPROPRIATE,  THE COURT SHALL ASSIGN COUNSEL TO THE PARTIES, PURSUANT TO
 ARTICLE TWO OF THE FAMILY COURT ACT. Where either  party  to  an  action
 concerning custody of or a right to visitation with a child alleges in a
 sworn  petition  or  complaint or sworn answer, cross-petition, counter-
 claim or other sworn  responsive  pleading  that  the  other  party  has
 committed an act of domestic violence against the party making the alle-
 gation  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 circum-
 stances 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 reasonable belief to protect the child or seek treat-
 ment for the child, then that parent shall not be deprived  of  custody,
 visitation  or contact with the child, or restricted in custody, visita-
 tion 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 arrange-
 ment 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  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 permanency hearing under article ten-A  of  the
 family  court act and, upon referral from the supreme court, the hearing
 to resolve the matter of custody or visitation in the proceeding pending
 in the supreme court; provided however, the court must determine custody
 or visitation 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 with a child remanded or placed in the
 care of a person, official, agency or institution  pursuant  to  article
 S. 3170--A                          3
 
 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 custo-
 dy, of the child. Notwithstanding any other provision of law, any  writ-
 ten  application or motion to the court for the establishment, modifica-
 tion 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 administrative 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 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. Prior to the issuance of any permanent or initial temporary  order
 of  custody or visitation, the court shall conduct a review of ANY FIND-
 INGS OR ALLEGATIONS OF CHILD ABUSE, DOMESTIC VIOLENCE, HEIGHTENED DANGER
 AND RISK OF LETHALITY, AND the decisions and reports listed in  subpara-
 graph three of this paragraph.
   (2) Successive temporary orders of custody or visitation. Prior to the
 issuance of any successive temporary order of custody or visitation, the
 court  shall  conduct  a  review of ANY FINDINGS OR ALLEGATIONS OF CHILD
 S. 3170--A                          4

 ABUSE, DOMESTIC VIOLENCE, HEIGHTENED DANGER AND RISK OF  LETHALITY,  AND
 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]  FINDINGS  AND  ALLEGATIONS  OF CHILD ABUSE, DOMESTIC
 VIOLENCE, HEIGHTENED DANGER AND RISK OF LETHALITY, AND THE 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) WHETHER EITHER PARTY TO THE ACTION ALLEGES THAT THE  OTHER  PARTY
 TO  THE PROCEEDING HAS COMMITTED, OR HAS THREATENED TO COMMIT, AN ACT OF
 CHILD ABUSE AGAINST SUCH CHILD, OR HAS COMMITTED, OR HAS  THREATENED  TO
 COMMIT, AN ACT OF DOMESTIC VIOLENCE AGAINST THE PARTY MAKING THE ALLEGA-
 TION  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;
   (III) A HISTORY OF DOMESTIC VIOLENCE, CHILD ABUSE  OR  NEGLECT,  CHILD
 SEXUAL ABUSE OR INCIDENTS INVOLVING HARM, OR RISK OF HARM, TO A CHILD;
   (IV)  POLICE  REPORTS,  INCLUDING  DOMESTIC VIOLENCE INCIDENT REPORTS,
 REPORTING INCIDENTS INVOLVING CHILD ABUSE OR DOMESTIC VIOLENCE;
   (V) FINDINGS  AND  ALLEGATIONS  OF  CHILD  ABUSE,  DOMESTIC  VIOLENCE,
 HEIGHTENED DANGER AND RISK OF LETHALITY, INCLUDING BUT NOT LIMITED TO:
   (A) AN INCREASE IN FREQUENCY OR SEVERITY OF DOMESTIC VIOLENCE;
   (B)  USE  OR  THREATS  TO  USE  A  WEAPON  OR DANGEROUS INSTRUMENT, OR
 POSSESSION OF OR ACCESS TO FIREARMS;
   (C) THREATS TO HARM OR KILL THE CHILD,  THE  OTHER  PARTY,  THE  OTHER
 PARTY'S CHILDREN, SELF OR OTHERS, OR COMPANION ANIMALS;
   (D)  SEXUAL  ABUSE  OR  COERCED  SEXUAL ACTIVITY OF THE CHILD OR OTHER
 PARTY;
   (E) UNLAWFUL DISSEMINATION OR PUBLICATION OF AN INTIMATE IMAGE, PURSU-
 ANT TO SECTION 245.15 OF THE PENAL LAW;
   (F) INCIDENTS INVOLVING OBSTRUCTION OF BREATHING OR STRANGULATION;
   (G) A PARTY'S PATTERN OF ALCOHOL OR SUBSTANCE ABUSE  THAT  PLACES  THE
 CHILD AT HEIGHTENED DANGER OR RISK OF LETHALITY;
   (H) INCIDENTS OF VIOLENCE DURING PREGNANCY;
   (I) INCIDENTS OF STALKING OR CYBER STALKING; AND
   (J)  COERCIVE  CONTROL, AS DEFINED IN PARAGRAPH (D) OF SUBDIVISION ONE
 OF SECTION TWO HUNDRED FORTY-E OF THIS ARTICLE; AND
   (VI) 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) CONDITIONS OF CUSTODY OR VISITATION.  IF THE COURT DETERMINES THAT
 LIMITATIONS OR RESTRICTIONS OF A PARTY'S CUSTODY, VISITATION OR  CONTACT
 WITH  THE  CHILD  ARE  NECESSARY PURSUANT TO A REVIEW OF ANY FINDINGS OR
 ALLEGATIONS OF CHILD ABUSE, DOMESTIC  VIOLENCE,  HEIGHTENED  DANGER  AND
 RISK  OF LETHALITY, AND THE DECISIONS AND REPORTS LISTED IN SUBPARAGRAPH
 THREE OF THIS PARAGRAPH, THE COURT SHALL SET FORTH CONDITIONS OF CUSTODY
 OR VISITATION IN A TEMPORARY ORDER OF CUSTODY OR VISITATION THAT  PRIOR-
 ITIZES  THE  AVOIDANCE  OF SIGNIFICANT RISK TO THE CHILD'S SAFETY.  WHEN
 THE COURT DECIDES TO ISSUE OR TO NOT ISSUE  SUCH  TEMPORARY  ORDER,  THE
 PARTIES  SHALL BE NOTIFIED OF THEIR RIGHT TO APPEAL, PURSUANT TO ARTICLE
 ELEVEN OF THE FAMILY COURT ACT.
   (I) THERE SHALL BE A REBUTTABLE PRESUMPTION THAT THE COURT  SHALL  NOT
 AWARD,  IN  A  TEMPORARY  ORDER FOR CUSTODY OR VISITATION, SOLE OR JOINT
 S. 3170--A                          5

 CUSTODY OR UNSUPERVISED VISITATION TO A PARTY WHO  POSES  A  SIGNIFICANT
 RISK TO THE CHILD'S SAFETY.
   (II) THE COURT SHALL STATE ON THE RECORD, AND IN WRITING, ANY FINDINGS
 OR  ALLEGATIONS OF CHILD ABUSE, DOMESTIC VIOLENCE, HEIGHTENED DANGER AND
 RISK OF LETHALITY, AND ANY DECISIONS AND REPORTS CONSIDERED IN RENDERING
 ITS DECISION AND THE REASONS FOR THE LIMITATIONS OR RESTRICTIONS  PLACED
 ON A PARTY'S CUSTODY, VISITATION OR CONTACT WITH SUCH CHILD.
   (III)  NOTHING  CONTAINED  IN THIS SUBPARAGRAPH SHALL BE DEEMED IN ANY
 WAY TO LIMIT, RESTRICT, EXPAND OR IMPAIR THE RIGHTS OF ANY PARTY TO FILE
 FOR A MODIFICATION OF A TEMPORARY ORDER AS IS OTHERWISE PROVIDED BY LAW.
   (5) 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.
   [(5)]   (6)  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 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)] (7) After issuing a temporary emergency order. After  issuing  a
 temporary  emergency  order  of  custody  or visitation, 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 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] FIVE of this  paragraph  and  may  issue
 temporary or permanent custody or visitation orders.
   [(7)]  (8)  Feasibility study. The commissioner of the office of chil-
 dren and family services, in conjunction with the office of court admin-
 istration, is hereby authorized and directed to examine, study, evaluate
 and make recommendations concerning the feasibility of  the  utilization
 of  computers  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. 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.
   § 4. The domestic relations law is amended by  adding  a  new  section
 240-e to read as follows:
   §  240-E.  CUSTODY  AND  VISITATION;  SAFETY  OF THE CHILD. 1. FOR THE
 PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE  THE  FOLLOWING
 MEANINGS:
 S. 3170--A                          6
 
   (A)  "PARENTAL  ALIENATION"  MEANS  CLAIMS  THAT  A  CHILD  HAS BECOME
 ESTRANGED FROM A PARENT OR LEGAL GUARDIAN AS A RESULT  OF  PSYCHOLOGICAL
 MANIPULATION BY THE OTHER PARENT OR LEGAL GUARDIAN.
   (B)  "VICTIM  OF  DOMESTIC  VIOLENCE"  SHALL  HAVE THE SAME MEANING AS
 DEFINED IN SECTION FOUR HUNDRED FIFTY-NINE-A OF THE SOCIAL SERVICES LAW.
   (C) "FRIENDLY PARENT" MEANS THE PROPENSITY OF A PARENT OR LEGAL GUARD-
 IAN TO ACTIVELY SUPPORT A CHILD'S  CONTACT  AND  RELATIONSHIP  WITH  THE
 OTHER  PARENT  OR LEGAL GUARDIAN, OR THE ABILITY OF SUCH PARENT OR LEGAL
 GUARDIAN TO  COOPERATE  IN,  AND  RESOLVE  DISPUTES,  REGARDING  MATTERS
 AFFECTING SUCH CHILD.
   (D)  "COERCIVE CONTROL" MEANS A PATTERN OF BEHAVIOR THAT IN PURPOSE OR
 EFFECT UNREASONABLY RESTRICTS A  PARENT'S  SAFETY  OR  AUTONOMY  THROUGH
 IMPLICIT  OR EXPLICIT THREATS, OR INTIMIDATION, OR BY COMPELLING COMPLI-
 ANCE. THIS CONDUCT INCLUDES, BUT IS NOT LIMITED TO:
   (I) ISOLATING THE OTHER PARENT FROM FRIENDS, FAMILY OR  OTHER  SOURCES
 OF SUPPORT;
   (II) INTERFERING WITH THE OTHER PARENT'S FREEDOM OF MOVEMENT;
   (III)  DEPRIVING  THE  OTHER PARENT OF BASIC NECESSITIES SUCH AS FOOD,
 SLEEP, CLOTHING, HOUSING, MEDICATION OR MEDICAL CARE;
   (IV) CONTROLLING, REGULATING,  SURVEILLING  OR  MONITORING  THE  OTHER
 PARENT'S   MOVEMENTS,   COMMUNICATIONS,   DAILY   BEHAVIOR,  APPEARANCE,
 FINANCES, ECONOMIC RESOURCES OR ACCESS TO SERVICES;
   (V) COMPELLING THE OTHER PARENT BY FORCE, THREAT OF  FORCE  OR  INTIM-
 IDATION,  INCLUDING  BUT  NOT  LIMITED  TO  THREATS  BASED  ON ACTUAL OR
 SUSPECTED IMMIGRATION STATUS, TO ENGAGE IN CONDUCT FROM WHICH THE  OTHER
 PARENT  HAS  A  RIGHT TO ABSTAIN OR TO ABSTAIN FROM CONDUCT IN WHICH THE
 OTHER PARENT HAS A RIGHT TO ENGAGE;
   (VI) INTERFERING WITH THE OTHER PARENT'S EDUCATION OR EMPLOYMENT;
   (VII) FORCING OR COMPELLING THE OTHER PARENT TO PERFORM SEX  ACTS,  OR
 THREATS OF A SEXUAL NATURE, INCLUDING BUT NOT LIMITED TO THREATENED ACTS
 OF  SEXUAL  CONDUCT, THREATS BASED ON A PERSON'S SEXUALITY OR THREATS TO
 RELEASE INTIMATE IMAGES; OR
   (VIII) CLEANING, ACCESSING, DISPLAYING, USING OR WEARING A FIREARM  OR
 OTHER DANGEROUS WEAPON IN AN INTIMIDATING OR THREATENING MANNER.
   2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A COURT
 MAKING  A FINAL DETERMINATION OF CUSTODY OR VISITATION BASED ON THE BEST
 INTERESTS OF A CHILD PURSUANT TO THE PROVISIONS OF  THIS  CHAPTER  SHALL
 PRIORITIZE  AND PROMOTE THE SAFETY OF SUCH CHILD WHEN MAKING SUCH DETER-
 MINATIONS. ONLY COMPETENT, MATERIAL, AND RELEVANT EVIDENCE MAY BE ADMIT-
 TED, PURSUANT TO ARTICLE TEN OF THE  FAMILY  COURT  ACT.  PROMOTING  THE
 SAFETY  OF  A  CHILD  SHALL  INCLUDE  PREVENTING  DIRECT PHYSICAL AND/OR
 EMOTIONAL HARM TO SUCH CHILD. SUCH ASSESSMENT SHALL INCLUDE, BUT NOT  BE
 LIMITED TO:
   (A)  WHETHER  EITHER PARTY IS MORE LIKELY TO PROTECT THE SAFETY OF THE
 CHILD, AND WHETHER EITHER PARTY POSES A SIGNIFICANT RISK TO  THE  SAFETY
 OF THE CHILD;
   (B)  WHETHER  SUCH ORDER WOULD DISRUPT CONTINUITY IN THE CHILD'S HOME,
 ENVIRONMENT OR EXISTING PRIMARY CARETAKING RELATIONSHIPS;
   (C) A HISTORY OF DOMESTIC VIOLENCE,  CHILD  ABUSE  OR  NEGLECT,  CHILD
 SEXUAL ABUSE OR INCIDENTS INVOLVING HARM, OR RISK OF HARM, TO A CHILD;
   (D)  ANY  FINDINGS  OR  ALLEGATIONS OF CHILD ABUSE, DOMESTIC VIOLENCE,
 HEIGHTENED DANGER AND RISK OF LETHALITY, INCLUDING BUT NOT LIMITED TO:
   (I) AN INCREASE IN FREQUENCY OR SEVERITY OF DOMESTIC VIOLENCE;
   (II) USE OR THREATS TO  USE  A  WEAPON  OR  DANGEROUS  INSTRUMENT,  OR
 POSSESSION OF OR ACCESS TO FIREARMS;
 S. 3170--A                          7
 
   (III)  THREATS  TO  HARM  OR  KILL  THE  CHILD, THE OTHER PARENT, THAT
 PARENT'S CHILDREN, SELF OR OTHERS, OR COMPANION ANIMALS;
   (IV)  SEXUAL  ABUSE  OR  COERCED SEXUAL ACTIVITY OF THE CHILD OR OTHER
 PARENT;
   (V) UNLAWFUL DISSEMINATION OR PUBLICATION OF AN INTIMATE IMAGE, PURSU-
 ANT TO SECTION 245.15 OF THE PENAL LAW;
   (VI) INCIDENTS INVOLVING OBSTRUCTION OF BREATHING OR STRANGULATION;
   (VII) A PARTY'S PATTERN OF ALCOHOL OR SUBSTANCE ABUSE THAT PLACES  THE
 CHILD AT HEIGHTENED DANGER OR RISK OF LETHALITY;
   (VIII) INCIDENTS OF VIOLENCE DURING PREGNANCY;
   (IX) INCIDENTS OF STALKING OR CYBER STALKING; AND
   (X)  COERCIVE  CONTROL, AS DEFINED IN PARAGRAPH (D) OF SUBDIVISION ONE
 OF THIS SECTION;
   (E) WHETHER EITHER PARTY HAS BEEN FOUND TO HAVE COMMITTED AN ACT WHICH
 WOULD CONSTITUTE DISORDERLY CONDUCT, UNLAWFUL DISSEMINATION OR  PUBLICA-
 TION OF AN INTIMATE IMAGE, HARASSMENT IN THE FIRST DEGREE, HARASSMENT IN
 THE  SECOND  DEGREE,  AGGRAVATED HARASSMENT IN THE SECOND DEGREE, SEXUAL
 MISCONDUCT, FORCIBLE TOUCHING, SEXUAL ABUSE IN THE THIRD DEGREE,  SEXUAL
 ABUSE  IN  THE  SECOND DEGREE AS SET FORTH IN SUBDIVISION ONE OF SECTION
 130.60 OF THE PENAL LAW, STALKING IN THE FIRST DEGREE, STALKING  IN  THE
 SECOND  DEGREE,  STALKING  IN  THE  THIRD DEGREE, STALKING IN THE FOURTH
 DEGREE, CRIMINAL MISCHIEF, MENACING IN THE SECOND  DEGREE,  MENACING  IN
 THE THIRD DEGREE, RECKLESS ENDANGERMENT, CRIMINAL OBSTRUCTION OF BREATH-
 ING OR BLOOD CIRCULATION, STRANGULATION IN THE SECOND DEGREE, STRANGULA-
 TION  IN  THE FIRST DEGREE, ASSAULT IN THE SECOND DEGREE, ASSAULT IN THE
 THIRD DEGREE, AN ATTEMPTED ASSAULT, IDENTITY THEFT IN THE FIRST  DEGREE,
 IDENTITY THEFT IN THE SECOND DEGREE, IDENTITY THEFT IN THE THIRD DEGREE,
 GRAND  LARCENY  IN THE FOURTH DEGREE, GRAND LARCENY IN THE THIRD DEGREE,
 COERCION IN THE SECOND DEGREE OR COERCION IN THE  THIRD  DEGREE  AS  SET
 FORTH  IN SUBDIVISIONS ONE, TWO AND THREE OF SECTION 135.60 OF THE PENAL
 LAW BETWEEN SPOUSES OR FORMER SPOUSES, OR BETWEEN PARENT  AND  CHILD  OR
 BETWEEN MEMBERS OF THE SAME FAMILY OR HOUSEHOLD;
   (F)  WHETHER  EITHER  PARTY  HAS USED OR THREATENED TO USE A DANGEROUS
 INSTRUMENT TO HARM THE OTHER PARTY, CHILD, OR A THIRD PARTY, INCLUDING A
 FIREARM, EXCEPT IN INCIDENTS INVOLVING SELF-DEFENSE, OR  HAS  UNLAWFULLY
 POSSESSED  A  WEAPON  OR  FIREARM,  OR  HAS  BEEN  CONVICTED OF CRIMINAL
 POSSESSION OF A WEAPON OR CRIMINAL USE OF A FIREARM PURSUANT TO  ARTICLE
 TWO HUNDRED SIXTY-FIVE OF THE PENAL LAW, OR IS OR HAS BEEN SUBJECT TO AN
 EXTREME  RISK PROTECTION ORDER, PURSUANT TO ARTICLE SIXTY-THREE-A OF THE
 CIVIL PRACTICE LAW AND RULES; AND
   (G) WHICH PARTY HAS BEEN ATTENDING TO THE DAILY  PHYSICAL,  EMOTIONAL,
 DEVELOPMENTAL, EDUCATIONAL, AND SPECIAL NEEDS OF THE CHILD.
   3.  THERE SHALL BE A REBUTTABLE PRESUMPTION THAT CUSTODY OR VISITATION
 SHALL NOT BE AWARDED TO A PARTY WHO JEOPARDIZES THE SAFETY OF THE CHILD.
   4. (A) IN ANY PROCEEDING FOR CUSTODY OR VISITATION WHERE A PARTY CRED-
 IBLY ALLEGES DOMESTIC VIOLENCE OR  CHILD  ABUSE,  ALLEGATIONS  REGARDING
 PARENTAL  ALIENATION  OR FRIENDLY PARENT SHALL NOT BE ADMISSIBLE AGAINST
 THE PARTY THAT HAS CREDIBLY ALLEGED DOMESTIC VIOLENCE  OR  CHILD  ABUSE,
 NOR  SHALL  ALLEGATIONS  OF  PARENTAL  ALIENATION  OR FRIENDLY PARENT BE
 CONSIDERED IN ASSESSING A CHILD'S BEST INTERESTS.
   (B) THE COURT SHALL NOT PRESUME THAT A CHILD'S RELUCTANCE TO  INTERACT
 WITH  A  PARTY WAS CAUSED BY THE OTHER PARTY, NOR SHALL A PARTY BE GIVEN
 CUSTODY FOR THE PURPOSE OF IMPROVING A RELATIONSHIP  BETWEEN  THE  CHILD
 AND  SUCH  PARTY  OR  IN AN ATTEMPT TO ADDRESS THE CHILD'S RELUCTANCE TO
 INTERACT WITH SUCH PARTY.
 S. 3170--A                          8

   (C) NO PSYCHOLOGICAL OR  MEDICAL  THEORIES  OR  LABELS  RELATED  TO  A
 CHILD'S  RELUCTANCE  TO  INTERACT  WITH  A  PARTY SHALL BE ADMITTED INTO
 EVIDENCE UNLESS THEY ARE BASED ON EMPIRICAL PROOF  OF  SCIENTIFIC  RELI-
 ABILITY  AND  VALIDITY  AND  GENERALLY  ACCEPTED  BY  THE SCIENTIFIC AND
 PROFESSIONAL COMMUNITY.
   (D)  NO TREATMENT PROGRAM INTENDED TO REUNITE A CHILD WITH A PARTY FOR
 WHOM THAT CHILD IS ESTRANGED SHALL  BE  ORDERED  BY  THE  COURT  WITHOUT
 CONSENT  OF  BOTH  PARTIES  AND THE ATTORNEY FOR THE CHILD AND SCIENTIF-
 ICALLY VALID AND GENERALLY ACCEPTED PROOF OF THE EFFECTIVENESS AND THER-
 APEUTIC VALUE OF SUCH PROGRAM.
   5. IN CASES INVOLVING DOMESTIC VIOLENCE, CHILD ABUSE OR NEGLECT, OR  A
 HISTORY  OF  COERCIVE  CONTROL,  OR WHERE THE PARTIES CANNOT EFFECTIVELY
 COMMUNICATE, COOPERATE WITH EACH OTHER AND MAKE JOINT DECISIONS CONCERN-
 ING THE CHILD, OR IN CASES WHERE THERE IS AN EXISTING OR PRIOR FULL STAY
 AWAY ORDER OF PROTECTION AGAINST A PARTY OR WHEN THERE  IS  AN  EXISTING
 TEMPORARY ORDER OF PROTECTION ENTERED EX PARTE, NO ORDER OF JOINT CUSTO-
 DY  SHALL  BE  MADE WITHOUT THE CONSENT OF BOTH PARTIES. THE COURT SHALL
 NOT SUGGEST THAT IN ORDER TO RETAIN CUSTODY, A PARTY MUST AGREE TO JOINT
 CUSTODY. THE COURT SHALL NOT USE A PARTY'S REFUSAL TO CONSENT  TO  JOINT
 CUSTODY  AGAINST  SUCH PARTY WHEN MAKING ITS FINAL CUSTODY OR VISITATION
 DETERMINATION.
   6. (A) BEFORE JUDGES, REFEREES, OR OTHER HEARING OFFICERS PRESIDE OVER
 CHILD CUSTODY PROCEEDINGS IN WHICH ONE  OR  MORE  PARTIES  HAVE  ALLEGED
 DOMESTIC  VIOLENCE  OR  CHILD ABUSE, THEY SHALL COMPLETE AT LEAST THIRTY
 HOURS OF INITIAL TRAINING FOR THE HANDLING OF SUCH CASES. THE OFFICE FOR
 THE PREVENTION OF DOMESTIC VIOLENCE SHALL, WITHIN  AMOUNTS  APPROPRIATED
 FOR  SUCH PURPOSE, CONTRACT EXCLUSIVELY WITH THE ORGANIZATION DESIGNATED
 BY THE FEDERAL DEPARTMENT OF HEALTH AND  HUMAN  SERVICES  TO  COORDINATE
 STATEWIDE   IMPROVEMENTS   WITHIN  LOCAL  COMMUNITIES,  SOCIAL  SERVICES
 SYSTEMS, AND PROGRAMMING REGARDING THE PREVENTION  AND  INTERVENTION  OF
 DOMESTIC  VIOLENCE  IN  NEW YORK STATE AND OTHER NONPROFIT ENTITIES WITH
 WHOM IT SUBCONTRACTS WITH  EXPERTISE  IN  CHILD  ABUSE  OR  GENDER-BASED
 VIOLENCE, TO DEVELOP SUCH TRAINING. SUCH ENTITY, OR ENTITIES IN PARTNER-
 SHIP,  SHALL  REVIEW  AND  UPDATE  THE  TRAINING AT LEAST ONCE EVERY TWO
 YEARS. IN CONSULTATION WITH THE OFFICE  OF  COURT  ADMINISTRATION,  SUCH
 ENTITIES, OR ENTITIES IN PARTNERSHIP, SHALL BE RESPONSIBLE FOR PROVIDING
 SUCH  TRAINING  TO JUDGES, REFEREES, AND OTHER HEARING OFFICERS HANDLING
 CHILD CUSTODY PROCEEDINGS. SUCH  TRAINING  SHALL  INCLUDE,  BUT  NOT  BE
 LIMITED TO:
   (1)  A REVIEW OF RELEVANT STATUTES AND CASE LAW PERTAINING TO DOMESTIC
 VIOLENCE AND CHILD ABUSE;
   (2) THE DYNAMICS AND EFFECTS OF DOMESTIC  VIOLENCE  AND  CHILD  ABUSE,
 INCLUDING BUT NOT LIMITED TO, EMOTIONAL, FINANCIAL, PHYSICAL, TECHNOLOG-
 ICAL  AND  SEXUAL  ABUSE, AND AN UNDERSTANDING OF THE BARRIERS AND FEARS
 ASSOCIATED WITH REPORTING DOMESTIC VIOLENCE  AND  CHILD  ABUSE  AND  WHY
 VICTIMS MAY NOT HAVE DOCUMENTED EVIDENCE OF ABUSE;
   (3)  TACTICS COMMONLY USED BY ONE PARTY TO INDUCE FEAR IN, OR DOMINATE
 OR CONTROL A PARTNER OR CHILD, INCLUDING VERBAL,  EMOTIONAL,  PSYCHOLOG-
 ICAL,  AND/OR  ECONOMIC  ABUSE; ISOLATION; EFFORTS TO BUILD TRUST AND AN
 EMOTIONAL CONNECTION WITH A CHILD TO SUPPORT FUTURE MANIPULATION;  COER-
 CIVE  CONTROL;  EXPLOITATION;  ABUSE; THREATS; CONTROLLING AND HARASSING
 BEHAVIORS, INCLUDING MONITORING OF A PARTNER'S LOCATION AND  ACTIVITIES;
 USE OF OPPRESSIVE BEHAVIOR DESIGNED TO DEPRIVE A PARTNER OF THEIR RIGHTS
 AND  LIBERTIES  AND ESTABLISHING A REGIME OF DOMINATION IN THE PARTNER'S
 PERSONAL LIFE; LITIGATION ABUSE; UNLAWFUL DISSEMINATION  OR  PUBLICATION
 S. 3170--A                          9
 
 OF  AN  INTIMATE IMAGE; AND DEMANDS FOR CUSTODY IN ORDER TO PRESSURE THE
 PARTNER TO RETURN OR PUNISH THE PARTNER FOR LEAVING;
   (4)  KNOWLEDGE  OF  TRAUMA, PARTICULARLY AS IT RELATES TO SEXUAL ABUSE
 AND THE RISKS POSED TO CHILDREN AND THE LONG-TERM  DANGERS  AND  IMPACTS
 POSED BY THE PRESENCE OF ADVERSE CHILDHOOD EXPERIENCES;
   (5) THE INCREASED RISK OF ESCALATING VIOLENCE THAT OCCURS DURING CHILD
 CUSTODY PROCEEDINGS;
   (6)  HOW  TO  ASSESS  FINDINGS OR ALLEGATIONS OF CHILD ABUSE, DOMESTIC
 VIOLENCE, HEIGHTENED DANGER AND RISK OF LETHALITY TO A  CHILD'S  SAFETY,
 PURSUANT  TO  PARAGRAPH  (D)  OF SUBDIVISION TWO OF THIS SECTION FOR THE
 PURPOSE OF ISSUING A TEMPORARY EMERGENCY ORDER;
   (7) EDUCATION REGARDING THE HARM COURTS MAY CAUSE  CHILDREN  IN  CHILD
 CUSTODY CASES WHERE DOMESTIC VIOLENCE OR CHILD ABUSE IS PRESENT BY RELY-
 ING  ON  NON-SCIENTIFIC  THEORIES  SUCH AS PARENTAL ALIENATION, PARENTAL
 ALIENATION SYNDROME, THE FRIENDLY PARENT CONCEPT, OR ANY OTHER THEORY OR
 LABEL THAT IS NOT SUPPORTED BY SCIENTIFIC  RESEARCH  AND  NOT  GENERALLY
 ACCEPTED  BY  THE  SCIENTIFIC  COMMUNITY  AND THE DANGER OF BASING CHILD
 CUSTODY DECISIONS  ON  CLAIMS  THAT  A  CHILD'S  DEFICIENT  OR  NEGATIVE
 RELATIONSHIP WITH A PARENT IS CAUSED BY THE OTHER PARENT;
   (8) THE INVESTIGATION PROCESS ONCE A LAW ENFORCEMENT AGENCY OR A LOCAL
 DEPARTMENT  OF  SOCIAL SERVICES HAS RECEIVED A REPORT OF SUSPECTED CHILD
 ABUSE, INCLUDING THE LIMITATIONS OF INVESTIGATING REPORTS  OF  SUSPECTED
 CHILD ABUSE; AND
   (9)  APPROPRIATE EXPERIENCE AND QUALIFICATIONS OF CHILD CUSTODY EVALU-
 ATORS AND MENTAL HEALTH TREATMENT PROVIDERS.
   (B) ONCE INITIAL TRAINING REQUIREMENTS HAVE BEEN MET,  JUDGES,  REFER-
 EES, AND OTHER HEARING OFFICERS PRESIDING OVER CHILD CUSTODY PROCEEDINGS
 IN  WHICH  ONE  OR  MORE PARTIES HAVE ALLEGED DOMESTIC VIOLENCE OR CHILD
 SEXUAL ABUSE SHALL COMPLETE AT LEAST TEN HOURS  OF  TRAINING  EVERY  TWO
 YEARS IN ORDER TO REMAIN ELIGIBLE TO HANDLE SUCH PROCEEDINGS.
   §  5.  Subdivision (a) of section 70 of the domestic relations law, as
 amended by chapter 457 of the laws  of  1988,  is  amended  to  read  as
 follows:
   (a)  (I)  Where  a  minor  child is residing within this state, either
 parent may apply to the supreme court for a writ  of  habeas  corpus  to
 have such minor child brought before such court; and on the return ther-
 eof,  the  court,  on due consideration, may award the natural guardian-
 ship, charge and custody of such child to either parent for  such  time,
 under  such  regulations  and restrictions, and with such provisions and
 directions, as the case may require, and  may  at  any  time  thereafter
 vacate  or modify such order. In all cases there shall be no prima facie
 right to the custody of the child in either parent, but the court  shall
 determine  solely  what  is for the best interest of the child, and what
 will best promote its welfare and happiness, and make award accordingly.
 WHERE THE COURT ISSUES ANY INITIAL  OR  SUCCESSIVE  TEMPORARY  ORDER  OF
 CUSTODY  OR  VISITATION OR PERMANENT ORDER OF CUSTODY OR VISITATION, THE
 COURT SHALL CONDUCT A REVIEW OF ANY FINDINGS  OR  ALLEGATIONS  OF  CHILD
 ABUSE,  DOMESTIC  VIOLENCE, HEIGHTENED DANGER AND RISK OF LETHALITY, AND
 THE DECISIONS AND REPORTS LISTED  IN  SUBPARAGRAPH  THREE  OF  PARAGRAPH
 (A-1)  OF  SUBDIVISION ONE OF SECTION TWO HUNDRED FORTY OF THIS CHAPTER,
 UNLESS SUCH A REVIEW HAS BEEN CONDUCTED WITHIN NINETY DAYS PRIOR TO  THE
 ISSUANCE OF SUCH ORDER.
   (II)  WHEN  ISSUING  ANY TEMPORARY ORDER OF CUSTODY OR VISITATION, THE
 COURT SHALL STATE ON THE RECORD, AND IN WRITING, ANY FINDINGS OR ALLEGA-
 TIONS OF CHILD ABUSE, DOMESTIC VIOLENCE, HEIGHTENED DANGER AND  RISK  OF
 LETHALITY,  AND  THE PRIOR DECISIONS AND REPORTS CONSIDERED IN RENDERING
 S. 3170--A                         10
 
 ITS DECISION AND THE REASONS FOR ANY LIMITATIONS OR RESTRICTIONS  PLACED
 ON  A  PARTY'S CUSTODY, VISITATION OR CONTACT WITH SUCH CHILD. ANY PARTY
 TO A PROCEEDING FOR A TEMPORARY ORDER PURSUANT  TO  THIS  CHAPTER  SHALL
 HAVE  A  RIGHT TO APPEAL TO THE APPROPRIATE APPELLATE DIVISION, PURSUANT
 TO ARTICLE ELEVEN OF THE FAMILY COURT ACT.
   (III) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  A
 COURT MAKING A FINAL DETERMINATION OF CUSTODY OR VISITATION BASED ON THE
 BEST  INTERESTS  OF  A  CHILD PURSUANT TO THE PROVISIONS OF THIS CHAPTER
 SHALL PRIORITIZE AND PROMOTE THE SAFETY OF SUCH CHILD WHEN  MAKING  SUCH
 DETERMINATIONS.  ONLY  COMPETENT,  MATERIAL AND RELEVANT EVIDENCE MAY BE
 ADMITTED, PURSUANT TO ARTICLE TEN OF THE FAMILY COURT ACT. PROMOTING THE
 SAFETY OF A  CHILD  SHALL  INCLUDE  PREVENTING  DIRECT  PHYSICAL  AND/OR
 EMOTIONAL  HARM  TO  SUCH CHILD AND SHALL BE ASSESSED BY CONSIDERING ANY
 FINDINGS OR ALLEGATIONS OF CHILD ABUSE,  DOMESTIC  VIOLENCE,  HEIGHTENED
 DANGER  AND  RISK  OF LETHALITY, AND DECISIONS AND REPORTS IDENTIFIED IN
 SUBPARAGRAPH THREE OF PARAGRAPH (A-1) OF SUBDIVISION ONE OF SECTION  TWO
 HUNDRED FORTY OF THIS CHAPTER.
   (IV)  IN  MAKING A DECISION PURSUANT TO PARAGRAPH (I) OF THIS SUBDIVI-
 SION, THE COURT SHALL BE BOUND BY  THE  PRESUMPTIONS  AND  ADMISSIBILITY
 DESCRIBED  PURSUANT  TO  SECTION  TWO  HUNDRED  FORTY  OF  THIS CHAPTER.
 FURTHER, THE COURT SHALL NOT  TAKE  INTO  CONSIDERATION  WHETHER  EITHER
 PARTY  IS  MARRIED, WAS FORMERLY MARRIED OR HAS EVER BEEN MARRIED TO THE
 OTHER PARTY OR ANYONE ELSE.
   (V) IN CASES INVOLVING DOMESTIC VIOLENCE, CHILD ABUSE OR NEGLECT, OR A
 HISTORY OF COERCIVE CONTROL, OR WHERE  THE  PARTIES  CANNOT  EFFECTIVELY
 COMMUNICATE, COOPERATE WITH EACH OTHER AND MAKE JOINT DECISIONS CONCERN-
 ING THE CHILD, OR IN CASES WHERE THERE IS AN EXISTING OR PRIOR FULL STAY
 AWAY  ORDER  OF  PROTECTION AGAINST A PARTY OR WHEN THERE IS AN EXISTING
 TEMPORARY ORDER OF PROTECTION ENTERED EX PARTE, NO ORDER OF JOINT CUSTO-
 DY SHALL BE MADE WITHOUT THE CONSENT OF BOTH PARTIES.  THE  COURT  SHALL
 NOT SUGGEST THAT IN ORDER TO RETAIN CUSTODY, A PARTY MUST AGREE TO JOINT
 CUSTODY.  THE  COURT SHALL NOT USE A PARTY'S REFUSAL TO CONSENT TO JOINT
 CUSTODY AGAINST SUCH PARTY WHEN MAKING ITS FINAL CUSTODY  OR  VISITATION
 DETERMINATION,  AS  DESCRIBED IN SUBDIVISION FIVE OF SECTION TWO HUNDRED
 FORTY-E OF THIS CHAPTER.
   (VI) BEFORE JUDGES, REFEREES AND OTHER HEARING OFFICERS  PRESIDE  OVER
 CHILD  CUSTODY  PROCEEDINGS  IN  WHICH  ONE OR MORE PARTIES HAVE ALLEGED
 DOMESTIC VIOLENCE OR CHILD ABUSE, THEY SHALL COMPLETE  INITIAL  TRAINING
 FOR  THE  HANDLING OF SUCH CASES AS DESCRIBED PURSUANT TO PARAGRAPH A OF
 SUBDIVISION SIX OF SECTION TWO HUNDRED FORTY-E  OF  THIS  CHAPTER.  ONCE
 INITIAL  TRAINING REQUIREMENTS HAVE BEEN MET, JUDGES, REFEREES AND OTHER
 HEARING OFFICERS SHALL COMPLETE ADDITIONAL TRAINING EVERY TWO  YEARS  AS
 DESCRIBED  PURSUANT  TO  PARAGRAPH (B) OF SUBDIVISION SIX OF SECTION TWO
 HUNDRED FORTY-E OF THIS CHAPTER.
   § 6. Subdivision (b) of section 651 of the family court act as amended
 by chapter 657 of the laws of 2003, is amended to read as follows:
   (b) (I) When initiated in the  family  court,  the  family  court  has
 jurisdiction 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  of  minors,
 including  applications  by a grandparent or grandparents for visitation
 or custody rights pursuant to section seventy-two or two  hundred  forty
 of the domestic relations law.
 S. 3170--A                         11
 
   (II)  THE FAMILY COURT SHALL, IN COLLABORATION WITH THE OFFICE FOR THE
 PREVENTION OF DOMESTIC VIOLENCE, UPDATE ITS PETITION USED BY PARTIES  TO
 INITIATE  CHILD CUSTODY AND VISITATION PROCEEDINGS IN A MANNER TO PERMIT
 PETITIONERS TO IDENTIFY FINDINGS OR ALLEGATIONS OF CHILD ABUSE, DOMESTIC
 VIOLENCE, HEIGHTENED DANGER AND RISK OF LETHALITY TO A CHILD'S SAFETY.
   §  7.  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:
   (e) THE LEGISLATURE RECOGNIZES THAT THE SAFETY OF CHILDREN IS OF PARA-
 MOUNT  IMPORTANCE AND IS AN INTEGRAL ELEMENT OF THEIR BEST INTERESTS. TO
 THAT END, THE LEGISLATURE FINDS THAT JUDICIAL DECISIONS REGARDING CUSTO-
 DY OF, AND ACCESS TO, CHILDREN MUST ENSURE CHILDREN'S SAFETY AS A THRES-
 HOLD ISSUE.
   1. Permanent and initial temporary orders of  custody  or  visitation.
 Prior  to  the  issuance  of any permanent or initial temporary order of
 custody or visitation, the court shall conduct a review of ANY  FINDINGS
 OR  ALLEGATIONS OF CHILD ABUSE, DOMESTIC VIOLENCE, HEIGHTENED DANGER AND
 RISK OF LETHALITY TO A CHILD'S SAFETY, AND  the  decisions  and  reports
 listed  in  paragraph  three of this subdivision. WHEN THE PARTIES FIRST
 APPEAR IN COURT, THE COURT SHALL ADVISE THE PARTIES BEFORE PROCEEDING OF
 THE RIGHT TO BE REPRESENTED BY COUNSEL OF THEIR  OWN  CHOOSING,  OF  THE
 RIGHT  TO  HAVE  AN ADJOURNMENT OF NO LONGER THAN FOURTEEN COURT DAYS TO
 CONFER WITH COUNSEL, AND THE RIGHT TO OBTAIN COUNSEL FEES AND  EXPENSES,
 PURSUANT  TO  SECTION TWO HUNDRED THIRTY-SEVEN OF THE DOMESTIC RELATIONS
 LAW. WHEN APPROPRIATE, THE COURT SHALL ASSIGN COUNSEL  TO  THE  PARTIES,
 PURSUANT TO ARTICLE TWO OF THIS CHAPTER.
   2.  Successive temporary orders of custody or visitation. Prior to the
 issuance of any successive temporary order of custody or visitation, the
 court shall conduct a review of ANY FINDINGS  OR  ALLEGATIONS  OF  CHILD
 ABUSE,  DOMESTIC  VIOLENCE, HEIGHTENED DANGER AND RISK OF LETHALITY, AND
 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]  FINDINGS  AND  ALLEGATIONS  OF  CHILD ABUSE, DOMESTIC
 VIOLENCE, HEIGHTENED DANGER AND RISK OF LETHALITY, AND THE 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) WHETHER EITHER PARTY TO THE ACTION ALLEGES THAT THE  OTHER  PARTY
 TO  THE PROCEEDING HAS COMMITTED, OR HAS THREATENED TO COMMIT, AN ACT OF
 CHILD ABUSE AGAINST SUCH CHILD, OR HAS COMMITTED, OR HAS  THREATENED  TO
 COMMIT, AN ACT OF DOMESTIC VIOLENCE AGAINST THE PARTY MAKING THE ALLEGA-
 TION  OR A FAMILY OR HOUSEHOLD MEMBER OF EITHER PARTY, AS SUCH FAMILY OR
 HOUSEHOLD MEMBER IS DEFINED IN ARTICLE EIGHT OF THIS CHAPTER;
   (III) A HISTORY OF DOMESTIC VIOLENCE, CHILD ABUSE  OR  NEGLECT,  CHILD
 SEXUAL ABUSE OR INCIDENTS INVOLVING HARM, OR RISK OF HARM, TO A CHILD;
   (IV)  POLICE  REPORTS,  INCLUDING  DOMESTIC VIOLENCE INCIDENT REPORTS,
 REPORTING INCIDENTS INVOLVING CHILD ABUSE OR DOMESTIC VIOLENCE;
   (V) FINDINGS  AND  ALLEGATIONS  OF  CHILD  ABUSE,  DOMESTIC  VIOLENCE,
 HEIGHTENED DANGER AND RISK OF LETHALITY, INCLUDING BUT NOT LIMITED TO:
   (A) AN INCREASE IN FREQUENCY OR SEVERITY OF DOMESTIC VIOLENCE;
   (B)  USE  OR  THREATS  TO  USE  A  WEAPON  OR DANGEROUS INSTRUMENT, OR
 POSSESSION OF OR ACCESS TO FIREARMS;
   (C) THREATS TO HARM OR KILL THE CHILD, THE OTHER PARENT, THAT PARENT'S
 CHILDREN, SELF OR OTHERS, OR COMPANION ANIMALS;
 S. 3170--A                         12
 
   (D) SEXUAL ABUSE OR COERCED SEXUAL ACTIVITY  OF  THE  CHILD  OR  OTHER
 PARENT;
   (E) UNLAWFUL DISSEMINATION OR PUBLICATION OF AN INTIMATE IMAGE, PURSU-
 ANT TO SECTION 245.15 OF THE PENAL LAW;
   (F) INCIDENTS INVOLVING OBSTRUCTION OF BREATHING OR STRANGULATION;
   (G)  A  PARTY'S  PATTERN OF ALCOHOL OR SUBSTANCE ABUSE THAT PLACES THE
 CHILD AT HEIGHTENED DANGER OR RISK OF LETHALITY;
   (H) INCIDENTS OF VIOLENCE DURING PREGNANCY;
   (I) INCIDENTS OF STALKING OR CYBER STALKING; AND
   (J) COERCIVE CONTROL, AS DEFINED IN PARAGRAPH (D) OF  SUBDIVISION  ONE
 OF SECTION TWO HUNDRED FORTY-E OF THE DOMESTIC RELATIONS LAW; AND
   (VI)  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.  APPEAL.  SUCH PERMANENT AND TEMPORARY ORDERS OF CUSTODY OR VISITA-
 TION MAY BE TAKEN AS OF RIGHT TO THE APPELLATE DIVISION OF  THE  SUPREME
 COURT.    PENDING  THE DETERMINATION OF SUCH APPEAL, SUCH ORDER SHALL BE
 STAYED. A PREFERENCE IN ACCORDANCE WITH RULE FIFTY-FIVE HUNDRED  TWENTY-
 ONE  OF  THE CIVIL PRACTICE LAW AND RULES SHALL BE AFFORDED, WITHOUT THE
 NECESSITY OF A MOTION, FOR APPEALS UNDER ARTICLE THREE;  PARTS  ONE  AND
 TWO  OF  ARTICLE  SIX;  ARTICLES  SEVEN,  TEN AND TEN-A OF THIS ACT; AND
 SECTIONS THREE  HUNDRED  FIFTY-EIGHT-A,  THREE  HUNDRED  EIGHTY-THREE-C,
 THREE HUNDRED EIGHTY-FOUR, AND THREE HUNDRED EIGHTY-FOUR-B OF THE SOCIAL
 SERVICES  LAW.   A NOTICE TO APPEAL UNDER THIS SUBDIVISION MUST BE TAKEN
 NO LATER THAN TWENTY COURT DAYS AFTER THE SERVICE  BY  A  PARTY  OR  THE
 CHILD'S  ATTORNEY  UPON THE APPELLANT OF ANY ORDER FROM WHICH THE APPEAL
 IS TAKEN, OR TWENTY COURT DAYS FROM RECEIPT OF THE ORDER BY  THE  APPEL-
 LANT  IN  COURT, WHICHEVER IS EARLIEST. EXCEPT FOR GOOD CAUSE SHOWN, THE
 APPEAL HEARING SHALL BE EXPEDITED AND HELD NO LATER  THAN  NINETY  COURT
 DAYS  FROM THE NOTICE TO APPEAL. WHENEVER AN ATTORNEY HAS BEEN APPOINTED
 TO REPRESENT A PARTY IN A PROCEEDING DESCRIBED IN  THIS  PARAGRAPH,  THE
 APPOINTMENT  SHALL  CONTINUE WITHOUT FURTHER COURT ORDER OR APPOINTMENT,
 PURSUANT TO SUBDIVISION (B) OF SECTION ELEVEN  HUNDRED  TWENTY  OF  THIS
 CHAPTER.
   5.  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.
   [5.] 6. 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 in the event that  it  is  not
 possible  to  timely  review  decisions  and  reports  on  registries as
 required pursuant to paragraph three of this subdivision.
   [6.] 7. After issuing a temporary emergency  order.  After  issuing  a
 temporary  emergency  order  of  custody  or visitation, the court shall
 conduct reviews of the decisions and reports on registries  as  required
 pursuant to paragraph three of this subdivision 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  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
 S. 3170--A                         13
 
 counsel, self-represented parties and attorneys for children pursuant to
 paragraph  [four]  FIVE  of  this subdivision and may issue temporary or
 permanent custody or visitation orders.
   [7.]  8. Feasibility study. The commissioner of the office of children
 and family services, in conjunction with the office  of  court  adminis-
 tration,  is  hereby authorized and directed to examine, study, evaluate
 and make recommendations concerning the feasibility of  the  utilization
 of  computers  in  family  courts  which  are connected to the statewide
 central register of child abuse and maltreatment established  and  main-
 tained  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. 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.
   § 8. Subdivision a of section 1112 of the family court act, as amended
 by section 28 of part A of chapter 3 of the laws of 2005, is amended  to
 read as follows:
   a.  An  appeal  may be taken as of right from any order of disposition
 and, in the discretion of the appropriate appellate division,  from  any
 other  order  under  this  act.  An appeal from an intermediate or final
 order in a case involving abuse  or  neglect  PURSUANT  TO  SECTION  SIX
 HUNDRED  FIFTY-ONE OF THIS ACT may be taken as of right to the appellate
 division of the supreme  court.    Pending  the  determination  of  such
 appeal,  such order shall be stayed where the effect of such order would
 be to discharge the child, if the family court or the court before which
 such appeal is pending finds that such a  stay  is  necessary  to  avoid
 imminent  risk to the child's life or health. A preference in accordance
 with rule [five thousand five]  FIFTY-FIVE  hundred  twenty-one  of  the
 civil practice law and rules shall be afforded, without the necessity of
 a  motion, for appeals under article three; parts one and two of article
 six; articles seven, ten, and ten-A of  this  act;  and  sections  three
 hundred  fifty-eight-a,  three  hundred  eighty-three-c,  three  hundred
 eighty-four, and three hundred eighty-four-b of the social services law.
   § 9. This act shall take effect on the one hundred twentieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.