Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 03, 2024 |
referred to children and families returned to senate died in assembly |
Jun 06, 2023 |
referred to children and families delivered to assembly passed senate |
May 30, 2023 |
ordered to third reading cal.1439 committee discharged and committed to rules |
May 26, 2023 |
referred to children and families |
Senate Bill S7446
2023-2024 Legislative Session
Sponsored By
(D, WF) 18th Senate District
Current 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
Actions
Votes
2023-S7446 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7680
- Current Committee:
- Senate Children And Families
- Law Section:
- Family Court Act
- Laws Affected:
- Amd §1056, Fam Ct Act
2023-S7446 (ACTIVE) - Sponsor Memo
BILL NUMBER: S7446 SPONSOR: SALAZAR TITLE OF BILL: An act to amend the family court act, in relation to orders of protection in child abuse and neglect proceedings in family court This is one in a series of measures being introduced at the request of the Acting Chief Administrative Judge upon the recommendation of her Family Court Advisory and Rules Committee. This measure would amend the opening paragraph of section 1056 of the Family Court Act (FCA) and would add a new subdivision (4-a) to that section to cure a serious problem confronting child victims of physical and sexual violence in child protective cases: i.e. by extending the extremely short duration of orders of protection against an individual found to have abused or neglected a subject child who is not the child's parent. The current maximum of two years in abuse and neglect cases is far shorter than applicable periods for orders in family offense, custo- dy, visitation, child support and paternity proceedings. Section 1056(1) of the FCA authorizes an order of protection against respondent parents, persons legally responsible for a child's care and
2023-S7446 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7446 2023-2024 Regular Sessions I N S E N A T E May 26, 2023 ___________ Introduced by Sen. SALAZAR -- (at request of the Office of Court Admin- istration) -- 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 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
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