NY State Senate Bill 2025-S8374

Senate Bill S8374

2025-2026 Legislative Session

Establishes a pilot program to provide alternative dispute resolution and navigator services in child support matters

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Current Bill Status - In Senate Committee Rules 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 05, 2025	referred to rules

2025-S8374 (ACTIVE) - Details

See Assembly Version of this Bill:: A8297
Current Committee:: Senate Rules
Law Section:: Family Court Act
Laws Affected:: Amd §425, Fam Ct Act; amd §§849-b & 849-d, Judy L

2025-S8374 (ACTIVE) - Summary

Establishes a pilot program to provide alternative dispute resolution and navigator services to litigants in child support matters in the family court under the auspices of the community dispute resolution center program.

2025-S8374 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8374

SPONSOR: PERSAUD
 
TITLE OF BILL:

An act to amend the family court act and the judiciary law, in relation
to the establishment of a pilot program to provide alternative dispute
resolution and navigator services in child support matters

2.  
SOURCE OF BILL:

This bill is being introduced at the request of the Unified Court
System.  3.  
PURPOSES OF BILL:

This bill amends the Family Court Act and the Judiciary Law to establish
and implement a State-funded Alternative Dispute Resolution (ADR) pilot
program in child support matters. The goal of the pilot is to facilitate
the more efficient resolution of child support matters through ADR, and
thus reserve the Family Court's resources for more complex cases. In
addition, by also providing navigation services to litigants, the vast
majority of whom are self-represented, on issues including the
submission of necessary documents to Family Court, as well as to the

piloted ADR program, the bill would enhance procedural justice and
reduce unnecessary adjournments in child support matters.

4.  
SUMMARY OF PROVISIONS:

Section 1 of the bill amends Family Court Act 425 to establish and
implement a State-funded ADR pilot program, which would be available to
litigants at no charge and would be administered by the Community
Dispute Resolution Center (CDRC) program established under Article 21-A
of the Judiciary Law. Focused on counties with delays in support
matters, it would be implemented in at least two counties in New York
City and in at least one county outside New York City. The program would
conduct its sessions both in-person and virtually and provide language
access to litigants with limited English proficiency. The program would
also provide navigation assistance to all litigants in child support
matters, which may include, among other services, assistance in organiz-
ing and transmitting financial documents to the court, as well as to the
ADR program.

Referrals to the program would be made by the Family Court upon the
parties' consents, following the parties' initial appearance at which
temporary orders of support would be issued and notices related to
required financial disclosures and the right to consult with counsel
would be provided. To screen out domestic violence cases, the court
would review the domestic violence and sex offender registries, as well
as Family Court warrants and decisions in child protective proceedings,
as is required in custody and visitation cases under Family Court Act
651(e). The mediators, neutral evaluators and Other facilitators partic-
ipating in the program would receive training, not only in ADR tech-
niques, but also in the law regarding child support.

As required by Family Court Act 413(h) and 425, if the parties reach an
agreement, the case would be referred back to the Family Court for
approval, so that the court can confirm that the agreement comports with
the Child Support Standards Act and ensure that the parties fully under-
stand it. If after their own screening, the CDRC deems the referral
inappropriate because of domestic violence or other reasons, or if the
parties do not reach an agreement or reach only a partial agreement, the
matter would be referred back to the Family Court, which would include
the transmission of any financial disclosure documents that may have
been submitted.

Section two of the bill amends Judiciary Law 849-b to incorporate the
program established under Family Court Act 425 into the provisions
regarding the CDRC program. It requires the Chief Administrator of the
Courts to provide funding for the pilot program and references the
mandate in Family Court Act 425 for child support agreements to be
submitted to the Family Court for approval.

Section three of the bill amends Judiciary Law 849-d to exempt the pilot
program from the general language regarding grants to CDRCs.

Section four of the bill establishes the effective date, which would be
270 days after enactment, with the Chief Administrator of the Courts
taking necessary preparatory actions in advance of that date.

5.  
JUSTIFICATION:

Since its establishment in 1981 through the enactment of Article 2I -A
of the Judiciary Law, the Community Dispute Resolution Center program,
overseen by the Unified Court System's Division of Alternative Dispute
Resolution (ADR), has been enormously successful in providing communi-
ty-based alternatives to adversarial litigation in criminal and civil
cases, including some family law matters. CDRCs are now active in almost
every county of the State through contracts with not-for-profit organ-
izations. Since the program's inception, over 1,500 highly trained staff
and volunteer mediators have assisted in resolving a tremendous volume
of disputes in Fiscal Year 2022-2023, for example, they provided
services in more than 20,000 cases involving more than 50,000 New York-
ers 1 Governed by the new Part 60 of the Rules of the Chief Judge and
Part 116 of the Rules of the Chief Administrative Judge, the CDRCs are
required to adhere to rigorous qualification, training and supervision
requirements, while retaining the independence and objectivity that is
vital for ADR programs to be effective.

Additionally, apart from the CDRC program, the New York City Family
Court has compiled a roster of mediators for custody and visitation case
referrals that has proven to be an effective means of resolving disputes
which significantly reduces the Court's caseload of contested matters.
In both 2022 and 2023, the New York City Family Court made over 1,100
referrals to mediation.

Both of these examples of successful uses of ADR the CDRC program and
the New York City Family Court Custody/Visitation Mediation Program have
demonstrated the efficacy of this approach to assisting families, while
also reserving judicial resources for more complex, high-conflict cases
for which use of non-adversarial approaches would not be effective. And
their success suggests an untapped potential for their expansion into
the area of child support. As this bill provides, properly trained and
supervised mediators from community-based organizations, acting in coor-
dination with (but independent of) both the Family Court and the child
support agencies, may be an effective tool for resolving cases quickly
and fairly, resulting in significant benefits both for the parties and
for the courts.

Additionally, providing navigators to guide litigants through the court
process including in cases referred for ADR and the CDRC process will
likewise inure to the benefit of both the families and the courts.
Specifically, this will shorten the time during which the custodial
parent goes without adequate child support. Navigators can assist liti-
gants, for example, by explaining which financial documents they need to
submit to the court and in ADR cases, to the CDRC and how to transmit
them, especially where appearances are virtual and the submission of
documents can be challenging for self-represented parties. In this way,
unnecessary delays in resolving cases can be minimized, thus resulting
in faster resolution of child support matters for the benefit of chil-
dren.

6.  
PRIOR LEGISLATIVE HISTORY:

This is a new proposal.

7.  
FISCAL IMPLICATIONS:

This bill would require State funding to implement.

8. Effective date:

This bill would take effect on the 270th day after enactment, and the
Chief Administrator of the Courts would be authorized to take necessary
steps in advance of that date to promulgate rules or establish protocols
for implementation.

1 New York State Unified Court System Office of Alternative Dispute
Resolution Community Dispute Resolution Centers, Annual Statistical
Report: Fiscal Year 1022-2023, p. 1.
(ww2.nycourts.gov/ip/adr/publictions.shtml).

2025-S8374 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8374
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               June 5, 2025
                                ___________
 
 Introduced  by  Sen. PERSAUD -- (at request of the Unified Court System)
   -- read twice and ordered printed, and when printed to be committed to
   the Committee on Rules
 
 AN ACT to amend the family court act and the judiciary law, in  relation
   to the establishment of a pilot program to provide alternative dispute
   resolution and navigator services in child support matters
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 425 of the family court act, as amended by  chapter
 81 of the laws of 2003, is amended to read as follows:
   §  425.  Agreement  to  support;  PILOT PROGRAM FOR USE OF ALTERNATIVE
 DISPUTE RESOLUTION TO OBTAIN AGREEMENTS TO SUPPORT.  (A) If THE  PARTIES
 REACH  an  agreement  for the support of the CHILD AND/OR THE petitioner
 [is brought about], it must be reduced to writing and submitted  to  the
 family  court or a support magistrate appointed pursuant to section four
 hundred thirty-nine of this act for approval IN  ACCORDANCE  WITH  PARA-
 GRAPH  (H)  OF  SUBDIVISION ONE OF SECTION FOUR HUNDRED THIRTEEN OF THIS
 ARTICLE. If the court or support magistrate approves it, the court with-
 out further hearing may thereupon enter an order AND  FINDINGS  OF  FACT
 for  the support of the CHILD AND/OR THE petitioner [by] OR the respond-
 ent in accordance with the agreement, which shall be  binding  upon  the
 [respondent]  PARTIES  and  shall  in  all respects be a valid order AND
 FINDINGS OF FACT as though made after process had been issued out of the
 court. The court record shall show that such order  [was]  AND  FINDINGS
 WERE made upon agreement.
   (B)  THE  CHIEF  ADMINISTRATOR OF THE COURTS SHALL PROMULGATE RULES TO
 ESTABLISH AND IMPLEMENT A PILOT PROGRAM FOR THE PROVISION OF ALTERNATIVE
 DISPUTE RESOLUTION AND NAVIGATION SERVICES TO LITIGANTS IN CHILD SUPPORT
 MATTERS IN THE FAMILY COURT. THE COST OF THE PILOT PROGRAM SHALL BE PAID
 FOR WITH STATE FUNDS APPROPRIATED  FOR  THAT  PURPOSE  AND  MAY  INCLUDE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08941-01-5
 S. 8374                             2

 
 FEDERAL FUNDS RECEIVED BY THE STATE UNDER TITLE IV-D OF THE SOCIAL SECU-
 RITY ACT.
   (I)  THE PILOT PROGRAM, WHICH SHALL BE CONDUCTED UNDER THE AUSPICES OF
 THE COMMUNITY DISPUTE RESOLUTION  CENTER  PROGRAM  PURSUANT  TO  ARTICLE
 TWENTY-ONE-A  OF  THE  JUDICIARY  LAW,  SHALL BE LOCATED IN AT LEAST TWO
 COUNTIES IN A CITY WITH A POPULATION OF ONE MILLION OR MORE, AND  IN  AT
 LEAST ONE OTHER COUNTY IN THE STATE, AND SHALL BE AVAILABLE AT NO CHARGE
 TO PARTIES IN CASES UNDER THIS ARTICLE. THE PROGRAM SHALL BE EQUIPPED TO
 PROVIDE  SERVICES  THAT  ARE  CULTURALLY SENSITIVE TO, AND IN THE NATIVE
 LANGUAGE OF, THE LITIGANTS IN THE COMMUNITY.
   (II) AT THE PARTIES' INITIAL APPEARANCE BEFORE THE COURT, PURSUANT  TO
 SECTION  FOUR  HUNDRED  THIRTY-THREE  OR SUBDIVISION TWO OF SECTION FOUR
 HUNDRED FIFTY-ONE OF THIS ARTICLE, IN A PARTICIPATING COUNTY, THE  COURT
 SHALL  ADVISE  THE PARTIES OF THE AVAILABILITY OF THE DISPUTE RESOLUTION
 PROGRAM AND OF THEIR RIGHT TO CONSULT WITH COUNSEL  DURING  THE  DISPUTE
 RESOLUTION PROCESS. UNLESS THE CASE IS DEEMED INAPPROPRIATE FOR A REFER-
 RAL  TO  THE  DISPUTE  RESOLUTION  PROGRAM  AFTER A REVIEW OF RECORDS IN
 ACCORDANCE WITH SUBDIVISION (E) OF SECTION SIX HUNDRED FIFTY-ONE OF THIS
 ACT, THE COURT SHALL, IF THE PARTIES CONSENT TO PARTICIPATE,  REFER  THE
 MATTER PROMPTLY TO THE PROGRAM.
   (III)  PRIOR  TO REFERRING THE PARTIES TO THE PROGRAM, THE COURT SHALL
 ISSUE A PRELIMINARY ORDER OF CHILD  SUPPORT  PURSUANT  TO  SECTION  FOUR
 HUNDRED THIRTY-FOUR OF THIS ARTICLE UNLESS THE PETITION IS FOR A MODIFI-
 CATION  OF  AN  EXISTING ORDER OF SUPPORT PURSUANT TO SUBDIVISION TWO OF
 SECTION FOUR HUNDRED FIFTY-ONE OF THIS ARTICLE.
   (IV) PRIOR TO REFERRAL PURSUANT TO PARAGRAPH (III)  OF  THIS  SUBDIVI-
 SION,  THE  COURT  SHALL  ALSO  ISSUE  AN ORDER DIRECTING THE PARTIES TO
 PROVIDE FINANCIAL DISCLOSURES IN ACCORDANCE WITH  SECTION  FOUR  HUNDRED
 TWENTY-FOUR-A  OF  THIS PART AND TO BRING OR TRANSMIT THE REQUIRED DOCU-
 MENTS TO THE PROGRAM.
   (V) THE MEDIATORS, NEUTRAL  EVALUATORS  OR  OTHER  FACILITATORS  SHALL
 RECEIVE  TRAINING  IN ACCORDANCE WITH SECTION EIGHT HUNDRED FORTY-NINE-B
 OF THE JUDICIARY LAW, AS WELL AS IN  THE  LEGAL  REQUIREMENTS  IN  CHILD
 SUPPORT  CASES,  INCLUDING, BUT NOT LIMITED TO, THE CHILD SUPPORT STAND-
 ARDS ACT, POSSIBLE DEVIATIONS, REQUIREMENTS REGARDING MEDICAL  INSURANCE
 AND  COSTS,  EDUCATIONAL  AND  CHILD  CARE EXPENSES, AGE OF MAJORITY AND
 EMANCIPATION, SHARED AND JOINT CUSTODY,  GROUNDS  FOR  MODIFICATIONS  OF
 CHILD  SUPPORT  ORDERS  AND THE CONSEQUENCES OF NONCOMPLIANCE WITH CHILD
 SUPPORT ORDERS.  IN ORDER TO RESOLVE DISPUTES INVOLVING  COMPLEX  FINAN-
 CIAL  ISSUES, THE PROGRAM MAY, IF POSSIBLE, INCLUDE AMONG ITS MEDIATORS,
 NEUTRAL EVALUATORS OR OTHER FACILITATORS, INDIVIDUALS WITH ACCOUNTING OR
 OTHER FINANCIAL QUALIFICATIONS AND EXPERIENCE.
   (VI) THE PROGRAM SHALL HAVE THE CAPACITY TO CONDUCT PROCEEDINGS  ELEC-
 TRONICALLY, WHERE APPROPRIATE, AS WELL AS IN PERSON, FOR THE CONVENIENCE
 OF THE PARTICIPANTS AND SHALL PROVIDE A SECURE MEANS FOR PARTICIPANTS TO
 SUBMIT AND EXCHANGE RELEVANT DOCUMENTS ELECTRONICALLY.
   (VII)  IF THE PARTIES REACH AN AGREEMENT, THE PROGRAM SHALL REFER THEM
 BACK TO THE FAMILY COURT IN WHICH THEIR CASE IS PENDING FOR THE COURT TO
 ALLOCUTE THE PARTIES AND TO APPROVE THE  AGREEMENT  IN  ACCORDANCE  WITH
 SUBDIVISION  (A) OF THIS SECTION AND PARAGRAPH (H) OF SUBDIVISION ONE OF
 SECTION FOUR HUNDRED THIRTEEN OF THIS ARTICLE. IF THE PROGRAM DEEMS  THE
 REFERRAL INAPPROPRIATE DUE TO ITS OWN SCREENING FOR DOMESTIC VIOLENCE OR
 FOR OTHER REASONS, OR IF PARTIES DO NOT REACH AN AGREEMENT OR REACH ONLY
 A  PARTIAL  AGREEMENT,  THE  PROGRAM SHALL REFER THEM BACK TO THE FAMILY
 COURT IN WHICH THEIR CASE IS PENDING FOR THE COURT  TO  PROCEED  WITH  A
 HEARING  UNDER THIS ARTICLE. IN ALL CASES, THE PROGRAM SHALL TRANSMIT TO
 S. 8374                             3
 
 THE COURT ALL FINANCIAL DISCLOSURE DOCUMENTS THAT HAVE BEEN PROVIDED  IN
 ACCORDANCE WITH SECTION FOUR HUNDRED TWENTY-FOUR-A OF THIS PART.
   (VIII)  IN  ADDITION  TO OR IN LIEU OF ALTERNATIVE DISPUTE RESOLUTION,
 INCLUDING IN CASES IN WHICH AN AGREEMENT IS  NOT  REACHED,  THE  PROGRAM
 SHALL PROVIDE NAVIGATION SERVICES TO THE PARTICIPANTS, INCLUDING BUT NOT
 LIMITED  TO INFORMATION REGARDING FAMILY COURT PROCEDURES, THE OBJECTION
 PROCESS, CHILD SUPPORT ENFORCEMENT SERVICES AVAILABLE THROUGH THE  LOCAL
 DEPARTMENT  OF  SOCIAL  SERVICES,  EMPLOYMENT-RELATED  OR  JOB  TRAINING
 PROGRAMS IN THE JURISDICTION, AND  CONSEQUENCES  OF  NONCOMPLIANCE  WITH
 CHILD SUPPORT ORDERS. THE PROGRAM SHALL ALSO PROVIDE ASSISTANCE TO LITI-
 GANTS  IN  PREPARATION  FOR  THE COURT APPEARANCE INCLUDING, AMONG OTHER
 SERVICES, IN ORGANIZING AND TRANSMITTING REQUIRED FINANCIAL DISCLOSURES.
 ADDITIONALLY, STAFF OF THE PILOT PROGRAM PROVIDING  NAVIGATION  SERVICES
 MAY  BE  LOCATED  ON-SITE  AT  THE  FAMILY  COURT  IN THE PILOT COUNTIES
 SELECTED PURSUANT TO PARAGRAPH (I)  OF  THIS  SUBDIVISION  IN  ORDER  TO
 PROVIDE  ASSISTANCE  IN  ARRANGING  THE  INITIAL  REFERRAL APPOINTMENTS,
 INCLUDING ASCERTAINING LANGUAGE ACCESS OR OTHER NEEDS, AND IN EXPLAINING
 WHAT DOCUMENTS ARE REQUIRED TO BE BROUGHT OR TRANSMITTED TO THE PROGRAM.
   § 2. Subdivision 1 and paragraph (d) of subdivision 4 of section 849-b
 of the judiciary law, as added by chapter 847 of the laws of  1981,  are
 amended to read as follows:
   1. There is hereby established the community dispute resolution center
 program,  to  be  administered and supervised under the direction of the
 chief administrator of the courts, to provide  funds  pursuant  to  this
 article  for  the  establishment  and  continuance of dispute resolution
 centers on the basis of need in neighborhoods, AND TO PROVIDE FUNDS  FOR
 THE  ESTABLISHMENT  AND  IMPLEMENTATION OF A PILOT PROGRAM IN ACCORDANCE
 WITH SUBDIVISION (B) OF SECTION FOUR HUNDRED TWENTY-FIVE OF  THE  FAMILY
 COURT ACT.
   (d) it provides that during or at the conclusion of the dispute resol-
 ution  process  there  shall  be a written agreement or decision setting
 forth the settlement of the issues and future responsibilities  of  each
 party  and that such agreement or decision shall be available to a court
 which has adjourned a pending action pursuant to section 170.55  of  the
 criminal  procedure  law  OR,  IN THE CASE OF WRITTEN AGREEMENTS REACHED
 PURSUANT TO THE PILOT PROGRAM ESTABLISHED PURSUANT TO SUBDIVISION (B) OF
 SECTION FOUR HUNDRED TWENTY-FIVE OF THE  FAMILY  COURT  ACT,  THAT  SUCH
 AGREEMENT SHALL BE SUBMITTED TO THE FAMILY COURT FOR APPROVAL IN ACCORD-
 ANCE WITH SUCH SECTION;
   §  3.  Subdivision 2 of section 849-d of the judiciary law, as amended
 by chapter 451 of the laws of 2006, is amended to read as follows:
   2. [The] EXCEPT AS PROVIDED IN SECTION FOUR HUNDRED TWENTY-FIVE OF THE
 FAMILY COURT ACT, THE state share of the cost  of  any  center  approved
 under  this  section shall include a basic grant of up to forty thousand
 dollars for each county served by the center and may  include  an  addi-
 tional  amount  not exceeding fifty per centum of the difference between
 the approved estimated cost of the program and the basic grant.
   § 4. This act shall take effect on  the  two  hundred  seventieth  day
 after  it  shall  have  become  a  law. Effective immediately, the chief
 administrator of the courts is authorized to promulgate any rules and/or
 protocols necessary for implementation of the provisions of this act  on
 or before such effective date.

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