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

                                 104--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and  Families  --
  recommitted  to  the  Committee on Children and Families in accordance
  with Senate Rule 6, sec. 8  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to amend the domestic relations law, in relation to prohibiting
  the consideration of evidence that either parent has ever obtained  or
  attempted  to  obtain  reproductive  health  services  relating to the
  termination of a pregnancy in certain legal proceedings

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

  Section  1.  Subdivision  (a)  of section 70 of the domestic relations
law, as amended by chapter 457 of the laws of 1988, is amended  to  read
as follows:
  (a)  Where  a minor child is residing within this state, either parent
may apply to the supreme court for a writ of habeas corpus to have  such
minor  child  brought  before such court; and on the return thereof, the
court, on due consideration, may award the natural guardianship,  charge
and  custody  of  such  child to either parent for such time, under such
regulations and restrictions, and with such provisions  and  directions,
as the case may require, and may at any time thereafter vacate or modify
such  order.  In  all  cases  there shall be no prima facie right to the
custody of the child in either parent, but  the  court  shall  determine
solely  what  is  for the best interest of the child, and what will best
promote its welfare and happiness,  and  make  award  accordingly.    IN
MAKING  A  DETERMINATION  OF  THE BEST INTEREST OF THE CHILD PURSUANT TO
THIS SECTION, THE COURT SHALL NOT CONSIDER EVIDENCE THAT  EITHER  PARENT
HAS  EVER  OBTAINED OR ATTEMPTED TO OBTAIN REPRODUCTIVE HEALTH SERVICES.
FOR THE PURPOSES OF THIS SECTION,  REPRODUCTIVE  HEALTH  SERVICES  MEANS
HEALTH  CARE SERVICES PROVIDED IN A HOSPITAL, CLINIC, PHYSICIAN'S OFFICE
OR OTHER FACILITY AND INCLUDES MEDICAL, SURGICAL, COUNSELING OR REFERRAL
SERVICES RELATING TO THE HUMAN REPRODUCTIVE SYSTEM,  INCLUDING  SERVICES
RELATING TO PREGNANCY OR THE TERMINATION OF A PREGNANCY.
              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01380-02-6

S. 104--A                           2

  S  2.  Paragraph  (a)  of subdivision 1 of section 240 of the domestic
relations law, as amended by chapter 476 of the laws of 2009, is amended
to read as follows:
  (a)  In any action or proceeding brought (1) to annul a marriage or to
declare the nullity of a void marriage, or (2) for a separation, or  (3)
for  a divorce, or (4) to obtain, by a writ of habeas corpus or by peti-
tion and order to show cause, the custody of or right to visitation with
any child of a marriage, the court shall  require  verification  of  the
status of any child of the marriage with respect to such child's custody
and  support,  including  any  prior  orders, and shall enter orders for
custody and support as, in the  court's  discretion,  justice  requires,
having  regard  to  the  circumstances of the case and of the respective
parties and to the best interests  of  the  child  and  subject  to  the
provisions  of  subdivision one-c of this section.  IN MAKING A DETERMI-
NATION OF THE BEST INTEREST OF THE CHILD PURSUANT TO THIS  SECTION,  THE
COURT  SHALL  NOT CONSIDER EVIDENCE THAT EITHER PARENT HAS EVER OBTAINED
OR ATTEMPTED TO OBTAIN REPRODUCTIVE HEALTH SERVICES. FOR THE PURPOSES OF
THIS SECTION, REPRODUCTIVE HEALTH SERVICES MEANS  HEALTH  CARE  SERVICES
PROVIDED IN A HOSPITAL, CLINIC, PHYSICIAN'S OFFICE OR OTHER FACILITY AND
INCLUDES  MEDICAL, SURGICAL, COUNSELING OR REFERRAL SERVICES RELATING TO
THE HUMAN REPRODUCTIVE SYSTEM, INCLUDING SERVICES RELATING TO  PREGNANCY
OR  THE  TERMINATION  OF  A  PREGNANCY.  Where either party to an action
concerning custody of or a right to visitation with a child alleges in a
sworn petition or complaint or sworn  answer,  cross-petition,  counter-
claim  or  other  sworn  responsive  pleading  that  the other party has
committed an act of domestic violence against the party making the alle-
gation or a family or household member of either party, as  such  family
or household member is defined in article eight of the family court act,
and  such allegations are proven by a preponderance of the evidence, the
court must consider the effect of such domestic violence upon  the  best
interests of the child, together with such other facts and circumstances
as  the  court  deems  relevant  in  making a direction pursuant to this
section and state on the record how such  findings,  facts  and  circum-
stances  factored  into  the  direction.  If a parent makes a good faith
allegation based on a reasonable belief  supported  by  facts  that  the
child  is  the  victim  of child abuse, child neglect, or the effects of
domestic violence, and if that parent acts lawfully and in good faith in
response to that reasonable belief to protect the child or  seek  treat-
ment  for  the child, then that parent shall not be deprived of custody,
visitation or contact with the child, or restricted in custody,  visita-
tion  or  contact, based solely on that belief or the reasonable actions
taken based on that belief. If an allegation that a child is  abused  is
supported  by  a  preponderance  of  the  evidence, then the court shall
consider such evidence of abuse in determining the  visitation  arrange-
ment  that is in the best interest of the child, and the court shall not
place a child in the custody of a parent who presents a substantial risk
of harm to that child, and shall state on the record how  such  findings
were  factored into the determination. An order directing the payment of
child support shall contain the social security  numbers  of  the  named
parties. In all cases there shall be no prima facie right to the custody
of  the  child in either parent. Such direction shall make provision for
child support out of the property of either or both parents.  The  court
shall  make its award for child support pursuant to subdivision one-b of
this section. Such  direction  may  provide  for  reasonable  visitation
rights  to the maternal and/or paternal grandparents of any child of the
parties. Such direction as it applies to rights  of  visitation  with  a

S. 104--A                           3

child  remanded  or  placed in the care of a person, official, agency or
institution pursuant to article ten of the family court act, or pursuant
to an instrument approved under section three hundred  fifty-eight-a  of
the  social services law, shall be enforceable pursuant to part eight of
article ten of the family court act and sections  three  hundred  fifty-
eight-a  and  three hundred eighty-four-a of the social services law and
other applicable provisions of law against any person  having  care  and
custody,  or  temporary  care and custody, of the child. Notwithstanding
any other provision of law, any written application  or  motion  to  the
court  for  the  establishment,  modification  or enforcement of a child
support obligation for persons not in receipt of public  assistance  and
care  must  contain  either  a  request  for  child  support enforcement
services which would authorize the collection of the support  obligation
by the immediate issuance of an income execution for support enforcement
as  provided  for  by this chapter, completed in the manner specified in
section one hundred eleven-g of the social services law; or a  statement
that the applicant has applied for or is in receipt of such services; or
a  statement  that  the  applicant  knows  of  the  availability of such
services, has declined them at this time and where  support  enforcement
services pursuant to section one hundred eleven-g of the social services
law  have  been  declined  that the applicant understands that an income
deduction order may be issued pursuant to  subdivision  (c)  of  section
fifty-two  hundred forty-two of the civil practice law and rules without
other child support enforcement services and that payment of an adminis-
trative fee may be required. The court shall provide a copy of any  such
request for child support enforcement services to the support collection
unit  of  the  appropriate  social services district any time it directs
payments to be made to such support collection unit.  Additionally,  the
copy  of  any such request shall be accompanied by the name, address and
social security number of  the  parties;  the  date  and  place  of  the
parties'  marriage; the name and date of birth of the child or children;
and the name and address of the employers and income payors of the party
from whom child support is sought or from the party ordered to pay child
support to the other party. Such direction may require the payment of  a
sum or sums of money either directly to the custodial parent or to third
persons  for  goods  or  services  furnished for such child, or for both
payments to the custodial parent and to such  third  persons;  provided,
however,  that  unless  the party seeking or receiving child support has
applied for or is receiving such services, the court  shall  not  direct
such  payments to be made to the support collection unit, as established
in section one hundred eleven-h of the social services law. Every  order
directing  the  payment  of  support shall require that if either parent
currently, or at any time in the future, has health  insurance  benefits
available  that  may  be  extended  or obtained to cover the child, such
parent is required to exercise the  option  of  additional  coverage  in
favor  of  such  child and execute and deliver to such person any forms,
notices, documents or instruments necessary to assure timely payment  of
any health insurance claims for such child.
  S  3.  Paragraph  (a)  of subdivision 1 of section 240 of the domestic
relations law, as amended by chapter 567 of the laws of 2015, is amended
to read as follows:
  (a) In any action or proceeding brought (1) to annul a marriage or  to
declare  the nullity of a void marriage, or (2) for a separation, or (3)
for a divorce, or (4) to obtain, by a writ of habeas corpus or by  peti-
tion and order to show cause, the custody of or right to visitation with
any  child  of  a  marriage, the court shall require verification of the

S. 104--A                           4

status of any child of the marriage with respect to such child's custody
and support, including any prior orders,  and  shall  enter  orders  for
custody  and  support  as,  in the court's discretion, justice requires,
having  regard  to  the  circumstances of the case and of the respective
parties and to the best interests  of  the  child  and  subject  to  the
provisions  of  subdivision  one-c of this section. IN MAKING A DETERMI-
NATION OF THE BEST INTEREST OF THE CHILD PURSUANT TO THIS  SECTION,  THE
COURT  SHALL  NOT CONSIDER EVIDENCE THAT EITHER PARENT HAS EVER OBTAINED
OR ATTEMPTED TO OBTAIN REPRODUCTIVE HEALTH SERVICES. FOR THE PURPOSES OF
THIS SECTION, REPRODUCTIVE HEALTH SERVICES MEANS  HEALTH  CARE  SERVICES
PROVIDED IN A HOSPITAL, CLINIC, PHYSICIAN'S OFFICE OR OTHER FACILITY AND
INCLUDES  MEDICAL, SURGICAL, COUNSELING OR REFERRAL SERVICES RELATING TO
THE HUMAN REPRODUCTIVE SYSTEM, INCLUDING SERVICES RELATING TO  PREGNANCY
OR  THE  TERMINATION  OF  A  PREGNANCY.  Where either party to an action
concerning custody of or a right to visitation with a child alleges in a
sworn petition or complaint or sworn  answer,  cross-petition,  counter-
claim  or  other  sworn  responsive  pleading  that  the other party has
committed an act of domestic violence against the party making the alle-
gation or a family or household member of either party, as  such  family
or household member is defined in article eight of the family court act,
and  such allegations are proven by a preponderance of the evidence, the
court must consider the effect of such domestic violence upon  the  best
interests of the child, together with such other facts and circumstances
as  the  court  deems  relevant  in  making a direction pursuant to this
section and state on the record how such  findings,  facts  and  circum-
stances  factored  into  the  direction.  If a parent makes a good faith
allegation based on a reasonable belief  supported  by  facts  that  the
child  is  the  victim  of child abuse, child neglect, or the effects of
domestic violence, and if that parent acts lawfully and in good faith in
response to that reasonable belief to protect the child or  seek  treat-
ment  for  the child, then that parent shall not be deprived of custody,
visitation or contact with the child, or restricted in custody,  visita-
tion  or  contact, based solely on that belief or the reasonable actions
taken based on that belief. If an allegation that a child is  abused  is
supported  by  a  preponderance  of  the  evidence, then the court shall
consider such evidence of abuse in determining the  visitation  arrange-
ment  that is in the best interest of the child, and the court shall not
place a child in the custody of a parent who presents a substantial risk
of harm to that child, and shall state on the record how  such  findings
were  factored into the determination. Where a proceeding filed pursuant
to article ten or ten-A of the family court act is pending at  the  same
time  as a proceeding brought in the supreme court involving the custody
of, or right to visitation with, any child  of  a  marriage,  the  court
presiding  over  the proceeding under article ten or ten-A of the family
court act may jointly hear the dispositional  hearing  on  the  petition
under  article  ten or the permanency hearing under article ten-A of the
family court act and, upon referral from the supreme court, the  hearing
to resolve the matter of custody or visitation in the proceeding pending
in the supreme court; provided however, the court must determine custody
or visitation in accordance with the terms of this section.
  An  order  directing  the  payment  of child support shall contain the
social security numbers of the named parties. In all cases  there  shall
be  no  prima  facie right to the custody of the child in either parent.
Such direction shall make provision for child support out of the proper-
ty of either or both parents. The court shall make its award  for  child
support  pursuant  to  subdivision one-b of this section. Such direction

S. 104--A                           5

may provide for reasonable visitation  rights  to  the  maternal  and/or
paternal  grandparents of any child of the parties. Such direction as it
applies to rights of visitation with a child remanded or placed  in  the
care  of  a  person, official, agency or institution pursuant to article
ten of the family court act, or pursuant to an instrument approved under
section three hundred fifty-eight-a of the social services law, shall be
enforceable pursuant to part eight of article ten of  the  family  court
act  and  sections three hundred fifty-eight-a and three hundred eighty-
four-a of the social services law and other applicable provisions of law
against any person having care and custody, or temporary care and custo-
dy, of the child. Notwithstanding any other provision of law, any  writ-
ten  application or motion to the court for the establishment, modifica-
tion or enforcement of a child support obligation  for  persons  not  in
receipt  of public assistance and care must contain either a request for
child support enforcement services which would authorize the  collection
of  the  support  obligation  by  the  immediate  issuance  of an income
execution for support enforcement  as  provided  for  by  this  chapter,
completed in the manner specified in section one hundred eleven-g of the
social  services  law; or a statement that the applicant has applied for
or is in receipt of such services; or a  statement  that  the  applicant
knows  of  the  availability of such services, has declined them at this
time and where support enforcement  services  pursuant  to  section  one
hundred  eleven-g of the social services law have been declined that the
applicant understands that an  income  deduction  order  may  be  issued
pursuant  to  subdivision  (c) of section fifty-two hundred forty-two of
the civil practice law and rules without other child support enforcement
services and that payment of an administrative fee may be required.  The
court  shall  provide  a  copy  of  any  such  request for child support
enforcement services to the support collection unit of  the  appropriate
social services district any time it directs payments to be made to such
support  collection  unit.  Additionally,  the  copy of any such request
shall be accompanied by the name, address and social security number  of
the  parties;  the date and place of the parties' marriage; the name and
date of birth of the child or children; and the name and address of  the
employers  and  income  payors  of  the party from whom child support is
sought or from the party ordered to  pay  child  support  to  the  other
party.  Such direction may require the payment of a sum or sums of money
either directly to the custodial parent or to third persons for goods or
services furnished for such child, or for both payments to the custodial
parent and to such third persons; provided,  however,  that  unless  the
party seeking or receiving child support has applied for or is receiving
such  services,  the  court shall not direct such payments to be made to
the support collection unit,  as  established  in  section  one  hundred
eleven-h  of  the social services law. Every order directing the payment
of support shall require that if either parent currently, or at any time
in the future, has health  insurance  benefits  available  that  may  be
extended  or  obtained  to  cover  the child, such parent is required to
exercise the option of additional coverage in favor of  such  child  and
execute  and  deliver  to  such  person any forms, notices, documents or
instruments necessary to assure timely payment of any  health  insurance
claims for such child.
  S  4.  This  act shall take effect immediately provided, however, that
section three of this act shall take effect on the same date and in  the
same  manner  as  section  12  of  chapter 567 of the laws of 2015 takes
effect.