S T A T E   O F   N E W   Y O R K
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                                  4722

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 7, 2011
                               ___________

Introduced  by  M.  of  A.  McDONOUGH  --  read once and referred to the
  Committee on Children and Families

AN ACT to amend the executive law, in relation to requiring  the  super-
  intendent  of  state  police  to  develop and disseminate policies and
  procedures in regard to notifying a non-custodial parent  of  a  minor
  child when such child has been the victim of violence or sexual abuse;
  to  amend  the criminal procedure law, in relation to notifying a non-
  custodial parent of the custodial parent's arrest for  the  commission
  of a felony; and to amend the family court act, in relation to requir-
  ing  family courts to include such notice requirements within the text
  of child custody determinations

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 214-a of the executive law, as added by chapter 504
of the laws of 1988, is amended to read as follows:
  S 214-a. Child  abuse  prevention.  The  superintendent shall, for all
members of the state police:
  (1) develop, maintain and disseminate written policies and  procedures
pursuant  to  title  six  of  article six of the social services law and
applicable provisions of article ten of the family court act,  regarding
the  mandatory reporting of child abuse or neglect, reporting procedures
and obligations of persons required to report, provisions for  taking  a
child  into  protective custody, mandatory reporting of deaths, immunity
from liability, penalties for failure to report and obligations for  the
provision  of services and procedures necessary to safeguard the life or
health of the child; [and]
  (2) DEVELOP, MAINTAIN AND DISSEMINATE WRITTEN POLICIES AND  PROCEDURES
REGARDING  MANDATORY  NOTIFICATION  TO A NON-CUSTODIAL PARENT OF A MINOR
CHILD WHEN SUCH MINOR CHILD HAS BEEN THE VICTIM OF A CRIME  OF  VIOLENCE
OR SEXUAL ABUSE; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09061-01-1

              

A. 4722                             2

  (3)  establish,  and implement on an ongoing basis, a training program
for all current and new employees regarding the policies and  procedures
established pursuant to this section.
  S 2. Subdivision 9 of section 170.10 of the criminal procedure law, as
renumbered by chapter 449 of the laws of 1992, is renumbered subdivision
11 and two new subdivisions 9 and 10 are added to read as follows:
  9.  UPON  THE ARRAIGNMENT, THE COURT SHALL INSTRUCT THE DEFENDANT THAT
IF THE DEFENDANT IS THE CUSTODIAL PARENT OF A CHILD, THE DEFENDANT SHALL
IMMEDIATELY MAKE AN APPROPRIATE PLAN FOR THE CHILD WHILE  THE  DEFENDANT
REMAINS  IN CUSTODY. THE COURT SHALL FURTHER INSTRUCT THE DEFENDANT THAT
FAILURE TO MAKE AN APPROPRIATE PLAN FOR  THE  CHILD  MAY  BE  CONSIDERED
CHILD  NEGLECT  AND/OR ABUSE PURSUANT TO ARTICLE TEN OF THE FAMILY COURT
ACT.
  IF THE COURT DISCOVERS THAT THE DEFENDANT HAS LEFT  A  CHILD  AT  HOME
WITHOUT  ADULT  SUPERVISION,  THE  COURT  SHALL  IMMEDIATELY CONTACT THE
OFFICE OF CHILDREN AND FAMILY SERVICES.
  10. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,  IF  A
PERSON IS CHARGED WITH THE COMMISSION OF A FELONY, THE COURT SHALL:
  (A)  UPON THE ARRAIGNMENT, INQUIRE WHETHER THE DEFENDANT IS THE CUSTO-
DIAL PARENT OF A MINOR CHILD. THE COURT SHALL EXERCISE DUE DILIGENCE  IN
OBTAINING  THE  WHEREABOUTS  AND CONTACT INFORMATION OF SUCH MINOR CHILD
AND THE NAME AND CONTACT INFORMATION OF  THE  NON-CUSTODIAL  PARENT,  IF
ANY. FOR PURPOSES OF THIS SUBDIVISION, "NON-CUSTODIAL PARENT" SHALL MEAN
ANY PERSON RECOGNIZED AS THE BIOLOGICAL PARENT OF A MINOR CHILD, INCLUD-
ING,  BUT  NOT  LIMITED  TO,  PERSONS  NAMED ON SUCH MINOR CHILD'S BIRTH
CERTIFICATE AND/OR NAMED WITHIN A CHILD  SUPPORT  OR  CUSTODY/VISITATION
ORDER ISSUED BY A COURT OF COMPETENT JURISDICTION, AND WHO DOES NOT HAVE
PHYSICAL CUSTODY OF THE CHILD AT THE TIME OF THE PERSON'S ARREST; AND
  (B)  WITHIN  TEN DAYS AFTER THE ARRAIGNMENT, CONTACT THE NON-CUSTODIAL
PARENT AND INFORM SUCH PARENT OF SUCH ARREST.
  (C) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY WHERE AN  ORDER
OF  PROTECTION  HAS  BEEN  ISSUED  AGAINST THE NON-CUSTODIAL PARENT BY A
COURT OF COMPETENT JURISDICTION.
  S 3. The family court act is amended by adding a new  section  658  to
read as follows:
  S  658.  REQUIRED  CONDITIONS  TO A CHILD CUSTODY DETERMINATION WHEN A
PARTY TO THE CUSTODY AND/OR VISITATION PROCEEDING  HAS  BEEN  PREVIOUSLY
ARRESTED  ON A FELONY CHARGE.  WHERE A PARTY TO A CUSTODY AND/OR VISITA-
TION PROCEEDING HAS BEEN PREVIOUSLY ARRESTED AND/OR CONVICTED ON A FELO-
NY CHARGE, THE COURT SHALL NOT ACCEPT OR ISSUE A CHILD CUSTODY  DETERMI-
NATION WITHOUT REQUIRING THE FOLLOWING CONDITIONS:
  (A)  IF  EITHER  PARTY  TO THE CUSTODY AND/OR VISITATION PROCEEDING IS
SUBSEQUENTLY ARRESTED ON A FELONY CHARGE, SUCH PARTY  SHALL  IMMEDIATELY
NOTIFY THE OTHER PARTY OF THEIR ARREST;
  (B)  IF EITHER PARTY TO THE CUSTODY AND/OR VISITATION PROCEEDING RELO-
CATES TO ANOTHER STATE, THE RELOCATING PARTY SHALL REGISTER THE  CUSTODY
AND/OR  VISITATION DETERMINATION WITH THE OTHER STATE WITHIN THIRTY DAYS
AFTER RELOCATION AND SUCH PARTY'S FAILURE TO REGISTER THE  DETERMINATION
WITHIN  THE SPECIFIED TIME PERIOD SHALL BE CONSIDERED A PER SE VIOLATION
OF THE CHILD CUSTODY DETERMINATION OF THIS STATE; AND
  (C) BOTH PARTIES SHALL PROMPTLY NOTIFY THE STATE IN  WHICH  THE  CHILD
CURRENTLY RESIDES OF ANY CHANGE IN ADDRESS AND/OR OTHER CONTACT INFORMA-
TION DEEMED APPROPRIATE.
  S  4.  This act shall take effect the first of January next succeeding
the date on which it shall have become a law.