S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8730
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 2, 2025
                                ___________
 
 Introduced by M. of A. HEVESI -- read once and referred to the Committee
   on Judiciary
 
 AN  ACT  to  amend  the family court act, in relation to dispositions in
   family offense cases and orders of protection against  a  child  under
   the  age  of  eighteen who is alleged to be a person in need of super-
   vision or to have committed a family offense

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision (a) of section 759 of the family court act, as
 amended by chapter 483 of the laws  of  1995,  is  amended  to  read  as
 follows:
   (a)  to  stay away from the home, school, business or place of employ-
 ment of any other party, the other  spouse,  the  other  parent  or  the
 child,  and  to stay away from any other specific location designated by
 the court, PROVIDED, HOWEVER, THAT WHERE THE RESPONDENT RESIDES  WITH  A
 PARENT,  OTHER  PERSON  LEGALLY  RESPONSIBLE OR OTHER PARTY, NO ORDER OF
 PROTECTION OR TEMPORARY ORDER OF PROTECTION SHALL BE ISSUED THAT DIRECTS
 THE RESPONDENT TO STAY AWAY FROM THE HOME OF SUCH INDIVIDUAL  IF,  AFTER
 INQUIRY, THE COURT DETERMINES THAT  THE EFFECT OF SUCH ORDER WOULD LEAVE
 THE  RESPONDENT WITHOUT AN APPROPRIATE ALTERNATIVE RESIDENCE EITHER WITH
 A RELATIVE OR OTHER SUITABLE PERSON OR IN PRE-DISPOSITIONAL OR  DISPOSI-
 TIONAL  PLACEMENT  UNDER  SECTION  SEVEN  HUNDRED FORTY OR SEVEN HUNDRED
 FIFTY-SIX OF THIS ARTICLE;
   § 2. Paragraphs (a) and (c) of subdivision 3 of section 821-a  of  the
 family  court  act,  as  added  by  chapter 222 of the laws of 1994, are
 amended and a new subdivision 7 is added to read as follows:
   (a) advise the parties of the right to retain legal representation or,
 if indigent, the right to have counsel appointed pursuant to section two
 hundred sixty-two of this act AND, IF THE RESPONDENT IS UNDER THE AGE OF
 EIGHTEEN AND THE PETITIONER IS A PARENT OR OTHER PERSON LEGALLY  RESPON-
 SIBLE  FOR  THE  RESPONDENT,  THE  RIGHT  TO  HAVE  A  GUARDIAN AD LITEM
 APPOINTED, IF THE COURT DEEMS IT APPROPRIATE;
   (c) provide the respondent with a copy of such petition; and the court
 may:
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11989-01-5
 A. 8730                             2
 
   (i) order the release of the respondent on [his or her] SUCH  RESPOND-
 ENT'S  own  recognizance  pending further appearances as required by the
 court;
   (ii) IF THE RESPONDENT IS UNDER THE AGE OF EIGHTEEN, APPOINT A GUARDI-
 AN AD LITEM FOR THE RESPONDENT IF THE COURT DEEMS IT APPROPRIATE;
   (III)  WHERE  THE  RESPONDENT IS OVER THE AGE OF EIGHTEEN, direct that
 the respondent post bail in a manner authorized pursuant to section  one
 hundred fifty-five-a of this act in an amount set by the court; or
   [(iii)] (IV) WHERE THE RESPONDENT IS OVER THE AGE OF EIGHTEEN, issue a
 commitment order directing that the respondent be remanded to the custo-
 dy  of  the county sheriff or other appropriate law enforcement official
 until such time as bail is posted as required by the court.
   7. AT ANY TIME UPON OR AFTER THE FILING OF A PETITION UNDER THIS ARTI-
 CLE BY A PARENT OR OTHER PERSON  LEGALLY  RESPONSIBLE  AGAINST  A  CHILD
 UNDER THE AGE OF EIGHTEEN, THE COURT MAY, ON ITS OWN MOTION OR ON MOTION
 OF  ANY PARTY, SUBSTITUTE A PETITION ALLEGING THAT THE CHILD IS A PERSON
 IN NEED OF SUPERVISION, PROVIDED, HOWEVER, THAT IF THE PETITION HAS BEEN
 FILED BY A PARENT OR OTHER PERSON LEGALLY RESPONSIBLE  AGAINST  A  CHILD
 UNDER  THE AGE OF TWELVE, THE COURT SHALL SUBSTITUTE A PETITION ALLEGING
 THAT THE CHILD IS A PERSON IN NEED OF SUPERVISION AT SUCH  TIME  AS  THE
 PETITIONER FIRST APPEARS IN COURT.
   §  3. Subdivisions (b) and (c) of section 841 of the family court act,
 subdivision (b) as amended by chapter 706 of the laws of 1988 and subdi-
 vision (c) as amended by chapter 222 of the laws of 1994, are amended to
 read as follows:
   (b) suspending judgment for a period not in excess of six months,  AND
 REQUIRING  A RESPONDENT TO PARTICIPATE IN A BATTERER'S EDUCATION PROGRAM
 DESIGNED TO HELP END VIOLENT BEHAVIOR, AND MAY INCLUDE REFERRAL TO  DRUG
 AND  ALCOHOL  AND MENTAL HEALTH COUNSELING, AND TO PAY THE COSTS THEREOF
 IF THE RESPONDENT HAS THE MEANS TO DO SO, PROVIDED HOWEVER THAT  NOTHING
 CONTAINED  HEREIN SHALL BE DEEMED TO REQUIRE PAYMENT OF THE COSTS OF ANY
 SUCH PROGRAM BY THE PETITIONER, THE STATE OR ANY  POLITICAL  SUBDIVISION
 THEREOF; or
   (c) placing the respondent on probation for a period not exceeding one
 year,  and requiring respondent to participate in a batterer's education
 program designed to help end violent behavior, [which] AND  may  include
 referral  to  drug  and alcohol AND MENTAL HEALTH counseling, and to pay
 the costs thereof if  respondent  has  the  means  to  do  so,  provided
 however,  that  nothing  contained  herein  shall  be  deemed to require
 payment of the costs of any such program by the petitioner, the state or
 any political subdivision thereof; or
   § 4. Section 842 of the family court act is amended by  adding  a  new
 closing paragraph to read as follows:
   WHERE  THE RESPONDENT WAS UNDER THE AGE OF EIGHTEEN AT THE TIME OF THE
 FILING OF THE PETITION AND RESIDES WITH THE PETITIONER  OR  OTHER  PARTY
 WHO  SEEKS  THE  RESPONDENT'S  EXCLUSION  FROM THE HOME, THE COURT SHALL
 INQUIRE WHETHER THE RESPONDENT HAS A RELATIVE OR OTHER  SUITABLE  PERSON
 WITH  WHOM TO RESIDE. IN SUCH CASES, NO ORDER OF PROTECTION OR TEMPORARY
 ORDER OF PROTECTION SHALL BE ISSUED UNDER  THIS  SECTION  DIRECTING  THE
 RESPONDENT  TO STAY AWAY FROM SUCH HOME IF THE COURT DETERMINES THAT THE
 EFFECT OF SUCH ORDER WOULD LEAVE THE RESPONDENT WITHOUT  AN  APPROPRIATE
 ALTERNATIVE RESIDENCE.
   § 5. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.