Assembly Bill A6360

2011-2012 Legislative Session

Requires an attorney for a child to record all interviews with such child and provide courts with transcripts

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Sponsored By

Archive: Last Bill Status - In Assembly 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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2011-A6360 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Family Court Act
Laws Affected:
Amd ยง1075, Fam Ct Act

2011-A6360 (ACTIVE) - Summary

Requires an attorney for a child to record all interviews with such child and provide courts with transcripts.

2011-A6360 (ACTIVE) - Bill Text download pdf 

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

                                  6360

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 15, 2011
                               ___________

Introduced  by  M.  of  A. J. RIVERA, N. RIVERA, P. RIVERA, STEVENSON --
  Multi-Sponsored by -- M.  of A. BOYLAND, GABRYSZAK,  GIBSON,  McENENY,
  M. MILLER,  RAMOS, WEISENBERG -- read once and referred to the Commit-
  tee on Judiciary

AN ACT to amend the family court act, in relation to requiring an attor-
  ney for a child to record all interviews with such child  and  provide
  courts with transcripts

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

  Section 1. Section 1075 of the family court act, as amended by chapter
41 of the laws of 2010, is amended to read as follows:
  S 1075. Special duties of attorney for the child. In addition  to  all
other  duties  and responsibilities necessary to the representation of a
child who is the subject of a proceeding under this article, an attorney
for a child shall [upon]:
  (A) UPON receipt of a report from a child protective  agency  pursuant
to  sections  one  thousand thirty-nine, one thousand thirty-nine-a, one
thousand fifty-two-a, one thousand fifty-three, one thousand fifty-four,
one thousand fifty-five,  one  thousand  fifty-seven  and  one  thousand
fifty-eight  OF  THIS  ARTICLE, review the information contained therein
and make a determination as to whether  there  is  reasonable  cause  to
suspect  that  the  child is at risk of further abuse or neglect or that
there has been a substantive violation  of  a  court  order.  Where  the
attorney  for  the  child makes such a determination, the attorney shall
apply to the court for appropriate relief pursuant to section one  thou-
sand sixty-one OF THIS ARTICLE.  Nothing contained in this section shall
relieve  a  child  protective  agency or social services official of its
duties pursuant to this act or the social services law; AND
  (B) RECORD ALL INTERVIEWS WITH SUCH  CHILD  AND  SHALL  PROVIDE  TRAN-
SCRIPTS OF SUCH INTERVIEWS TO THE COURT PRIOR TO ANY PROCEEDINGS.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08978-01-1

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