Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 08, 2014 |
referred to children and families |
Jan 30, 2013 |
referred to children and families |
Senate Bill S3140
2013-2014 Legislative Session
Sponsored By
(D, WF) 28th Senate District
Archive: Last 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
2013-S3140 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A2657
- Current Committee:
- Senate Children And Families
- Law Section:
- Family Court Act
- Laws Affected:
- Amd §§1022, 1024, 1028 & 1012, Fam Ct Act; amd §371, Soc Serv L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
A1440
2011-2012: S3314, A503
2015-2016: A3752
2013-S3140 (ACTIVE) - Sponsor Memo
BILL NUMBER:S3140 TITLE OF BILL: An act to amend the family court act and the social services law, in relation to preventing the unnecessary removal of children from a custodial parent who is the victim of domestic violence without further evidence of neglect by such parent PURPOSE OR GENERAL IDEA OF BILL: To amend the Family Court Act to prevent the unnecessary removal and placement of children into foster care when the custodial parent or the legal guardian is a victim of domestic violence, and there is no evidence of neglect by the battered custodian. SUMMARY OF SPECIFIC PROVISIONS: Sections 1-3 amend the Family Court Act by adding an identical paragraph to section 1022, section 1024 and section 1028. The amendment establishes a rebuttable presumption that a parent or person legally responsible for a child is a fit parent or custodian able to safely raise his/her child. The amendment clarifies that an allegation made to the court, or a finding made by the court, that the child's custodial parent or the person legally responsible for the child is a victim of domestic violence shall be insufficient evidence for the court to determine that the child is at imminent risk of harm, and should therefore be removed from his or her battered parent or custodian.
2013-S3140 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3140 2013-2014 Regular Sessions I N S E N A T E January 30, 2013 ___________ Introduced by Sen. KRUEGER -- 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 and the social services law, in relation to preventing the unnecessary removal of children from a custodial parent who is the victim of domestic violence without further evidence of neglect by such parent THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 1022 of the family court act is amended by adding a new subdivision (g) to read as follows: (G) THERE SHALL BE A PRESUMPTION THAT A CUSTODIAL PARENT OR PERSON LEGALLY RESPONSIBLE FOR A CHILD IS A FIT PARENT AND CAPABLE OF RAISING SUCH CHILD OR CHILDREN IN A SAFE AND APPROPRIATE MANNER. AN ALLEGATION OR FINDING THAT THE CUSTODIAL PARENT OR PERSON LEGALLY RESPONSIBLE FOR THE CHILD WAS THE VICTIM OF DOMESTIC VIOLENCE SHALL BE INSUFFICIENT TO ESTABLISH AN IMMINENT RISK TO THE CHILD'S LIFE OR HEALTH WITHOUT FURTHER EVIDENCE THAT THE CHILD HAS BEEN ABUSED OR NEGLECTED BY THE VICTIM OF THE DOMESTIC VIOLENCE. S 2. Section 1024 of the family court act is amended by adding a new subdivision (a-1) to read as follows: (A-1) THERE SHALL BE A PRESUMPTION THAT A CUSTODIAL PARENT OR PERSON LEGALLY RESPONSIBLE FOR A CHILD IS A FIT PARENT AND CAPABLE OF RAISING SUCH CHILD OR CHILDREN IN A SAFE AND APPROPRIATE MANNER. AN ALLEGATION OR FINDING THAT THE CUSTODIAL PARENT OR PERSON LEGALLY RESPONSIBLE FOR THE CHILD WAS THE VICTIM OF DOMESTIC VIOLENCE SHALL BE INSUFFICIENT TO ESTABLISH AN IMMINENT RISK TO THE CHILD'S LIFE OR HEALTH WITHOUT FURTHER EVIDENCE THAT THE CHILD HAS BEEN ABUSED OR NEGLECTED BY THE VICTIM OF THE DOMESTIC VIOLENCE. S 3. Section 1028 of the family court act is amended by adding a new subdivision (g) to read as follows: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00639-01-3
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