Senate Bill S1409

2017-2018 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

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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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2017-S1409 (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:
2015-2016: S7696
2019-2020: S3556

2017-S1409 (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.

2017-S1409 (ACTIVE) - Sponsor Memo

2017-S1409 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1409
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2017
                                ___________
 
 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.
   §  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.
                                                            LBD01248-01-7

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