NY State Senate Bill 2015-S7696

Senate Bill S7696

2015-2016 Legislative Session

Authorizes the issuance of an order of protection in a child protective proceeding against a parent of a child when such parent is found to have severely abused another child

download bill text pdf

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 07, 2016	referred to children and families delivered to assembly passed senate
Jun 01, 2016	advanced to third reading
May 25, 2016	2nd report cal.
May 24, 2016	1st report cal.1122
May 12, 2016	referred to children and families

Votes

- Jun 7, 2016 - Floor Vote
  S7696
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 7, 2016
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (2)
      
      Diaz
      
      Persaud
  May 24, 2016 - Children And Families Committee Vote
  S7696
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Children And Families Committee Vote: May 24, 2016
      
      aye (7)
      
      Avella
      
      Bonacic
      
      Montgomery
      
      Persaud
      
      Savino
      
      Serino
      
      Young

2015-S7696 (ACTIVE) - Details

Current Committee:: Assembly Children And Families
Law Section:: Family Court Act
Laws Affected:: Amd §1056, Fam Ct Act
Versions Introduced in Other Legislative Sessions:: 2017-2018: S1409
2019-2020: S3556

2015-S7696 (ACTIVE) - Summary

Authorizes the issuance of an order of protection in a child protective proceeding against a parent of a child when such parent is found to have severely abused another child.

2015-S7696 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7696

 TITLE OF BILL :  An act to amend the family court act, in relation to
the issuance of orders of protection in child protective proceedings

 PURPOSE :

This bill is meant to allow the family court to issue an order of
protection against a person that is not the child's biological or
adoptive parent in addition to being able to issue orders of
protection against the biological parents found to have severely
abused any child.

 SUMMARY OF PROVISIONS :

Section 1. Amends subdivision 4 of section 1056 of the family court
act, as added by chapter 622 of the laws of 1990, summarized as
follows:

Any person that is not the child's adoptive parent, biological parent,
or is indeed the biological or adoptive parent, that is found to have
severely abused any child can have an order of protection placed
against them preventing contact with the child victim until their
eighteenth birthday.

Section 2 is the enacting clause.

 JUSTIFICATION :

This law would allow - although not require - Family Court to issue a
no contact order of protection, which lasts until the child's
eighteenth birthday, in situations involving abusive parents or
relatives. Currently, the law does not permit the court to issue
orders of no contact for an abusive relative who is not the parent of
the child seeking protection. Yet, some of the most serious cases of
abuse have been at the hands of a stepparent. This bill would allow
the court to have the option of ending the child's relationship with
an abusive relative through an order of no contact that lasts until
the child turns 18 years of age.

In addition, the law would provide greater safety in cases involving
abuse by the parents, by extending the length of time for a no contact
order of protection. Under current law, when the court determines that
a parent is incapable of having safe contact with a child, a Judge can
only issue an order of no contact for a period up to one year. This
bill would allow a Judge to extend the order through the child's
eighteenth birthday so that the child would not be at-risk on an
annual basis when the court order expires. Aside from a no contact
order, the only option is to terminate the parents' rights and free
the child for adoption. However, that is not in the child's best
interests when the child lives safely in the custody of a non-abusive
parent. To promote child safety, Family Court should have the option
to issue a no contact order that covers the child through age 18 when
the circumstances require it.

 LEGISLATIVE HISTORY :

2015: S.3936 (Felder); Passed the Senate
2014: S.7215 (Felder); Passed the Senate

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect on the thirtieth day after it shall have
become a law.

2015-S7696 (ACTIVE) - Bill Text download pdf

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

                                  7696

                            I N  S E N A T E

                              May 12, 2016
                               ___________

Introduced  by  Sen.  AVELLA -- 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, in relation  to  the  issuance  of
  orders of protection in child protective proceedings

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

  Section 1. Subdivision 4 of section 1056 of the family court  act,  as
added by chapter 622 of the laws of 1990, is amended to read as follows:
  4.  The  court  may  enter an order of protection independently of any
other order made under this part, against a person who [was a member  of
the  child's  household  or  a  person legally responsible as defined in
section one thousand twelve of this chapter, and  who  is  no  longer  a
member  of  such household at the time of the disposition and who is not
related by blood or marriage to the child or a  member  of  the  child's
household]  IS  NOT THE CHILD'S BIOLOGICAL PARENT OR ADOPTIVE PARENT, OR
AGAINST A CHILD'S BIOLOGICAL OR ADOPTIVE PARENT WHO HAS  BEEN  FOUND  TO
HAVE  SEVERELY ABUSED ANY CHILD. An order of protection entered pursuant
to this subdivision may be for any period of  time  up  to  the  child's
eighteenth  birthday  and upon such conditions as the court deems neces-
sary and proper to protect the health and safety of the  child  and  the
child's caretaker.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15410-01-6

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