NY State Senate Bill 2017-S7896

Senate Bill S7896

2017-2018 Legislative Session

Relates to orders of protection in termination of parental rights proceedings, child protective proceedings and permanency hearings

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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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 12, 2018	referred to children and families delivered to assembly passed senate ordered to third reading cal.1727 committee discharged and committed to rules
Mar 07, 2018	referred to children and families

Votes

- Jun 12, 2018 - Floor Vote
  S7896
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 12, 2018
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kavanagh
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Mayer
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (2)
      
      Croci
      
      Sepúlveda
  Jun 12, 2018 - Rules Committee Vote
  S7896
  
  23
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 12, 2018
      
      aye (23)
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Dilan
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Kennedy
      
      Klein
      
      Krueger
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Parker
      
      Ranzenhofer
      
      Rivera
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (2)
      
      Griffo
      
      LaValle

co-Sponsors

2017-S7896 (ACTIVE) - Details

Current Committee:: Assembly Children And Families
Law Section:: Family Court Act
Laws Affected:: Add §634-a, amd §§1029, 1056, 1072 & 1089, Fam Ct Act; amd §384-b, Soc Serv L; amd §221-a, Exec L

2017-S7896 (ACTIVE) - Summary

Relates to orders of protection in termination of parental rights proceedings, child protective proceedings and permanency hearings.

2017-S7896 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7896

SPONSOR: AVELLA
 
TITLE OF BILL:  An act to amend the family court act, the social
services law and the executive law, in relation to orders of protection
in termination of parental rights proceedings, child protective
proceedings and permanency hearings

This is one in a series of measures being introduced at the request of
the Chief Administrative Judge upon the recommendation of his Family
Court Advisory and Rules Committee.

In most cases, the conclusion of a termination of parental rights
proceeding marks the beginning of a new phase for a child in foster
care, a significant step toward a stable, permanent home, most often
through adoption. Sometimes, particularly in the case of kinship
adoptions or mediated agreements, permanency is achieved with the under-
standing, agreed upon by everyone involved, that some contact should
continue with the child's birth family and that such contact would be in
the child's best interests. However, in some instances, continuing
contact with the birth family would endanger the child and destabilize
his or her new family. Indeed, in rare cases, stalking behavior by
disturbed birth parents has posed a serious impediment to the adoption

of their children, has caused prospective adoptive parents to become
ambivalent about whether to finalize the adoptions and has caused seri-
ous upset and harm to the children themselves.  Unfortunately, since
prospective adoptive or foster parents do not meet the definition of
family contained in Article 8 of the Family Court Act, the current stat-
utory structure provides no vehicle to protect children and their new
families short of a criminal prosecution for a non-family offense.

This measure would fill this serious gap. First, it would amend section
635 of the Family Court Act and section 384-b of the Social Services
Law, the termination of parental rights and permanent neglect statutes,
to add authority for Family Court, for good cause after giving the birth
parent notice and an opportunity to be heard, to issue an order of
protection, or, in conjunction with a disposition committing guardian-
ship and custody of the child, an order of protection. The application
must allege, and the court must have a reasonable basis to believe, that
a family offense as defined by section 812(1) of the Family Court Act
had been committed. The order of protection or temporary order of
protection may contain conditions that further the purposes of
protection including, among other conditions, a prohibition barring the
birth parent from contacting the child and the child's foster, pre-adop-
tive or adoptive parent. An order issued in conjunction with a disposi-
tion may last for a period of up to five years. Second, this measure
would amend Family Court Act § 1089 to authorize issuance of such an
order as part of the disposition of a permanency planning hearing.
Third, the measure would amend Family Court Act § 1056 to add a condi-
tion to orders of protection in child protective proceedings requiring
respondent to stay away, inter alia, from a "person with whom the child
has been paroled, remanded, placed or released by the court..."

That children and their new families are sometimes in critical need of
these protections is clear from experience in numerous cases. Family
Courts have had cases in which disturbed birth parents, whose rights had
been terminated, have contacted children at their schools, followed them
home from school, accosted them when playing outside their homes, called
them repeatedly on their cell-phones and scared them at home by having a
third party knock on their door as a pretext. While not frequent, such
instances cry out for legal remedies. Families in such situations should
not be forced to pursue criminal prosecutions as their only means of
obtaining relief to keep children and themselves safe.

Finally, just as orders of protection in child abuse and neglect
proceedings must be entered onto the statewide registry of orders of
protection and warrants, pursuant to chapter 492 of the Laws of 2015, in
order to maximize their effectiveness, this measure would require that
orders of protection in termination of parental rights and permanency
proceedings be entered as well. The registry, established pursuant to
the Family Protection and Domestic Violence Intervention Act of 1994  
L.
1994, CC. 222, 224, has become an invaluable tool both for law enforce-
ment and the courts.

With well over 3.6 million orders of protection in the registry database
as of December, 2016, and with the database connected to the comprehen-
sive national "Protection Order File" maintained by the National Crime
Information Center (Federal Bureau of Investigation), the registry helps
to assure informed judgments at all stages of domestic violence cases.
All too often, law enforcement does not take seriously reports of
violations of orders of protection if those orders are not included on
the registry, thus leaving victims and their families, even in cases of
severe abuse, without the shield of protection that the order should
provide. Further, if a court, in determining whether an individual is
suitable as a placement or custodial resource for a child or should be
able to visit with the child in a neglect, abuse, custody or visitation
case, is not made aware of orders of protection issued against the indi-
vidual in all child welfare proceedings, the child may suffer serious
harm.  Significantly, legislation enacted in 2008 and amended in 2009
requires the registry to be checked in all Family and Supreme Court
cases of child custody and visitation, thus making the registry a crit-
ically important resource in these cases as well. See L.2008, c. 595;
L.2009, c. 295. All orders, including those in permanency, permanent
neglect and other termination of parental rights proceedings, must be
entered onto the registry in order for it to provide the protection
necessary for all victims of family violence. Law enforcement and courts
must have confidence in the completeness and accuracy of responses to
their inquiries regarding both the existence of outstanding orders,
including possibly conflicting orders, and the parties' histories of
orders of protection.  It is essential that the registry be complete -
that is, that it include all orders of protection issued by all courts
in family and intimate partner violence cases in order for it to fulfil
its purpose of protecting all individuals, including children, from
harm.

The importance of inclusion of these orders on the registry cannot be
overstated. If a termination of parental rights or permanency proceeding
is brought against an abuser, the order of protection issued to protect
both the children and their caretakers should provide as much protection
from their abusers as in other proceedings. If a child neglect proceed-
ing is brought against the abuser, the order of protection issued to
protect both the abuse victim and the children should provide as much
protection as orders of protection issued in family offense and all
other cases - a principle that compels inclusion of the order on the
statewide domestic violence registry and, consequently, on the Federal
"Protection Order File" as well. That domestic violence and child abuse
frequently coexist in homes has been widely recognized, with estimates
of the overlap ranging from 40% to 60%. Research has estimated that
children are abused at a rate 1,500 times higher than the national aver-
age in homes where domestic violence is also present. Significantly,
child sexual abuse has also been closely correlated with domestic
violence. Just as inclusion of orders of protection on the domestic
violence registry in child protective proceedings was deemed necessary
for the protection of children before Family Court, so, too, should
orders of protection issued in other child welfare proceedings be
entered onto the registry. Inclusion of such orders on the registry will
significantly advance the Legislatures goal of providing an integrated
response in all family violence cases and of protecting all victims of
domestic abuse, including children and those who are providing care for
them, from suffering further violence.

Enactment of this measure would fill significant gaps in the current
statutory framework governing child welfare cases and would further the
fundamental precept underlying the Federal and New York State Adoption
and Safe Families Acts, i.e., that "the health and safety of children is
of paramount importance." See Social Services Law § 384-b(1); 42 U.S.C.
§§ 629b(a)(9), 670, 671(a).

This measure, which will have no fiscal impact on the State, would take
effect 90 days after it shall have become a law.

 
2016 LEGISLATIVE HISTORY:

None. New proposal.

 
2013-14 LEGISLATIVE HISTORY:

OCA 2013-40

Senate 5202-A (Sen. Felder) (Passed Senate)

2017-S7896 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7896
 
                             I N  S E N A T E
 
                               March 7, 2018
                                ___________
 
 Introduced by Sen. AVELLA -- (at request of the Office of Court Adminis-
   tration)  --  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, the social services  law  and  the
   executive  law,  in relation to orders of protection in termination of
   parental rights proceedings, child protective proceedings and  perman-
   ency hearings
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The family court act is amended by  adding  a  new  section
 634-a to read as follows:
   §  634-A. ORDERS OF PROTECTION AND TEMPORARY ORDERS OF PROTECTION. (A)
 WHERE THE PETITIONER ALLEGES THAT THE RESPONDENT HAS COMMITTED A  FAMILY
 OFFENSE  AMONG  THE  OFFENSES  ENUMERATED  IN SUBDIVISION ONE OF SECTION
 EIGHT HUNDRED TWELVE OF THIS ACT AGAINST THE CHILD, THE CHILD'S  FOSTER,
 PRE-ADOPTIVE  OR  ADOPTIVE  PARENT  OR  PARENTS  OR OTHER MEMBERS OF THE
 HOUSEHOLD IN WHICH THE CHILD RESIDES, THE PETITIONER MAY SEEK  AN  ORDER
 OF PROTECTION AGAINST THE RESPONDENT IN WRITING, EITHER IN THE PETITION,
 BY  AN  ORDER  TO  SHOW  CAUSE OR BY MOTION, UPON NOTICE TO ALL PARTIES,
 INCLUDING THE ATTORNEY FOR THE CHILD.
   (B) WHERE THE COURT  HAS  A  REASONABLE  BASIS  TO  BELIEVE  THAT  THE
 RESPONDENT  HAS COMMITTED A FAMILY OFFENSE AMONG THE OFFENSES ENUMERATED
 IN SUBDIVISION ONE OF SECTION EIGHT HUNDRED TWELVE OF THIS  ACT  AGAINST
 THE  CHILD,  THE  CHILD'S  FOSTER,  PRE-ADOPTIVE  OR  ADOPTIVE PARENT OR
 PARENTS OR OTHER MEMBERS OF THE HOUSEHOLD IN WHICH  THE  CHILD  RESIDES,
 THE COURT MAY, UPON GOOD CAUSE, ISSUE A TEMPORARY ORDER OF PROTECTION TO
 PROTECT  THE  CHILD  AND  THE  CHILD'S  FOSTER, PRE-ADOPTIVE OR ADOPTIVE
 PARENT OR PARENTS AND OTHER DESIGNATED MEMBERS OF THE HOUSEHOLD IN WHICH
 THE CHILD RESIDES DURING THE PENDENCY OF THE PROCEEDING UNDER THIS ARTI-
 CLE OR UNTIL FURTHER ORDER OF THE COURT, WHICHEVER IS EARLIER. WHERE THE
 ORDER IS GRANTED ON AN EMERGENCY BASIS EX PARTE, ALL PARTIES,  INCLUDING
 THE  ATTORNEY FOR THE CHILD, SHALL BE GIVEN NOTICE AND A PROMPT OPPORTU-
 NITY TO BE HEARD.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14766-01-8

 S. 7896                             2
 
   (C) UPON DISPOSITION ON AN ADJUDICATION OF  PERMANENT  NEGLECT,  WHERE
 THE  COURT,  AFTER  GIVING  ALL  PARTIES, INCLUDING THE ATTORNEY FOR THE
 CHILD, NOTICE AND AN OPPORTUNITY TO BE HEARD, DETERMINES BY A PREPONDER-
 ANCE OF THE EVIDENCE THAT A FAMILY OFFENSE AMONG THE OFFENSES ENUMERATED
 IN  SUBDIVISION ONE OF SECTION EIGHT HUNDRED TWELVE OF THIS ACT HAD BEEN
 COMMITTED AND THAT GOOD CAUSE EXISTS, THE COURT MAY ISSUE  AN  ORDER  OF
 PROTECTION  TO PROTECT THE CHILD AND THE CHILD'S FOSTER, PRE-ADOPTIVE OR
 ADOPTIVE PARENT OR PARENTS AND OTHER DESIGNATED MEMBERS OF THE HOUSEHOLD
 IN WHICH THE CHILD RESIDES. AN ORDER OF  PROTECTION  ISSUED  UNDER  THIS
 SECTION MAY REMAIN IN EFFECT FOR A PERIOD OF UP TO FIVE YEARS.
   (D)  AN  ORDER  OF  PROTECTION OR TEMPORARY ORDER OF PROTECTION ISSUED
 UNDER THIS SECTION MAY  DIRECT  THE  RESPONDENT  TO  OBSERVE  REASONABLE
 CONDITIONS  THAT  FURTHER THE PURPOSES OF PROTECTION, WHICH MAY INCLUDE,
 AMONG OTHERS, THAT THE RESPONDENT STAY AWAY FROM THE CHILD AND FROM  THE
 HOME,  SCHOOL,  BUSINESS  OR  PLACE  OF  EMPLOYMENT  OF THE CHILD OR THE
 CHILD'S FOSTER, PRE-ADOPTIVE OR ADOPTIVE  PARENT  OR  PARENTS  OR  OTHER
 DESIGNATED MEMBERS OF THE HOUSEHOLD IN WHICH THE CHILD RESIDES. PRIOR TO
 ISSUING  THE  ORDER,  THE COURT SHALL INQUIRE AS TO THE EXISTENCE OF ANY
 OTHER ORDERS OF PROTECTION INVOLVING THE PARTIES. THE COURT SHALL  STATE
 ITS REASONS ON THE RECORD FOR ISSUING THE ORDER.
   (E) PRIOR TO THE EXPIRATION OF THE PERIOD OF AN ORDER OF PROTECTION OR
 TEMPORARY  ORDER  OF  PROTECTION  ISSUED UNDER THIS SECTION, A MOTION OR
 ORDER TO SHOW CAUSE MAY  BE  FILED  THAT  ALLEGES  THAT  THE  RESPONDENT
 VIOLATED  THE  TERMS  AND CONDITIONS OF SUCH ORDER WILLFULLY AND WITHOUT
 JUST CAUSE. IF, AFTER GIVING NOTICE AND AN OPPORTUNITY TO  BE  HEARD  TO
 ALL  PARTIES,  INCLUDING THE ATTORNEY FOR THE CHILD, THE COURT IS SATIS-
 FIED BY COMPETENT PROOF  THAT  THE  RESPONDENT  VIOLATED  THE  ORDER  OF
 PROTECTION  OR  TEMPORARY ORDER OF PROTECTION WILLFULLY AND WITHOUT JUST
 CAUSE, THE COURT MAY ISSUE AN ORDER PURSUANT TO  SECTION  EIGHT  HUNDRED
 FORTY-TWO-A,  EIGHT  HUNDRED  FORTY-SIX  OR EIGHT HUNDRED FORTY-SIX-A OF
 THIS ACT.
   (F) THE COURT MAY, UPON MOTION, EXTEND THE ORDER OF PROTECTION  FOR  A
 REASONABLE PERIOD OF TIME UPON A SHOWING OF GOOD CAUSE OR CONSENT OF THE
 PARTIES.  THE FACT THAT A VIOLATION OF THE ORDER HAS NOT BEEN PLEADED OR
 PROVEN DURING THE PENDENCY OF THE ORDER SHALL NOT CONSTITUTE  SUFFICIENT
 GROUND FOR DENYING OR FAILING TO EXTEND THE ORDER. THE COURT MUST ARTIC-
 ULATE A BASIS FOR ITS DECISION ON THE RECORD.
   §  2.  Subdivision  (a)  of  section  1029 of the family court act, as
 amended by chapter 41 of the  laws  of  2010,  is  amended  to  read  as
 follows:
   (a) [The] WHERE THE PETITIONER ALLEGES THAT THE RESPONDENT HAS COMMIT-
 TED A FAMILY OFFENSE AMONG THE OFFENSES ENUMERATED IN SUBDIVISION ONE OF
 SECTION  EIGHT HUNDRED TWELVE OF THIS ACT AGAINST THE CHILD, THE CHILD'S
 PARENT OR PARENTS, THE CHILD'S FOSTER, PRE-ADOPTIVE OR  ADOPTIVE  PARENT
 OR PARENTS OR OTHER MEMBERS OF THE HOUSEHOLD IN WHICH THE CHILD RESIDES,
 THE  PETITIONER  MAY  SEEK  A  TEMPORARY ORDER OF PROTECTION AGAINST THE
 RESPONDENT IN WRITING, EITHER IN THE PETITION, BY ORDER TO SHOW CAUSE OR
 BY MOTION, UPON NOTICE TO ALL PARTIES, INCLUDING THE  ATTORNEY  FOR  THE
 CHILD.
   (I)  WHERE  THE  COURT  HAS  A  REASONABLE  BASIS  TO BELIEVE THAT THE
 RESPONDENT HAS COMMITTED A FAMILY OFFENSE AMONG THE OFFENSES  ENUMERATED
 IN  SUBDIVISION  ONE OF SECTION EIGHT HUNDRED TWELVE OF THIS ACT AGAINST
 THE CHILD, THE  CHILD'S  FOSTER,  PRE-ADOPTIVE  OR  ADOPTIVE  PARENT  OR
 PARENTS  OR  OTHER  MEMBERS OF THE HOUSEHOLD IN WHICH THE CHILD RESIDES,
 THE family court, upon [the application of any person who may  originate
 a  proceeding  under  this  article,  for] good cause shown, may issue a

 S. 7896                             3
 
 temporary order of protection, before or after the filing of such  peti-
 tion,  [which]  TO  PROTECT  THE  CHILD, THE CHILD'S PARENT, THE CHILD'S
 FOSTER, PRE-ADOPTIVE OR ADOPTIVE PARENT OR PARENTS AND OTHER  DESIGNATED
 MEMBERS  OF THE HOUSEHOLD IN WHICH THE CHILD RESIDES DURING THE PENDENCY
 OF THE PROCEEDING OR UNTIL FURTHER ORDER  OF  THE  COURT,  WHICHEVER  IS
 EARLIER.
   (II)  THE  ORDER  may  contain any of the provisions authorized on the
 making of an order of protection under section one thousand fifty-six OF
 THIS ARTICLE.
   (III) WHERE THE ORDER IS GRANTED ON AN EMERGENCY BASIS EX  PARTE,  ALL
 PARTIES, INCLUDING THE ATTORNEY FOR THE CHILD, SHALL BE GIVEN NOTICE AND
 A PROMPT OPPORTUNITY TO BE HEARD.
   (IV)  PRIOR  TO  ISSUING  A  TEMPORARY  ORDER OF PROTECTION UNDER THIS
 SECTION, THE COURT SHALL INQUIRE AS TO THE EXISTENCE OF ANY OTHER ORDERS
 OF PROTECTION INVOLVING THE PARTIES.
   (V) If such order is granted before the filing of  a  petition  and  a
 petition is not filed under this article within ten days from the grant-
 ing of such order, the order shall be vacated. In any case where a peti-
 tion  has  been  filed and an attorney for the child has been appointed,
 such attorney may make application for a temporary order  of  protection
 pursuant to the provisions of this section.
   § 3. Subdivision 2 of section 1056 of the family court act, as amended
 by chapter 220 of the laws of 1989, is amended to read as follows:
   2.  [The]  WHERE THE PETITIONER ALLEGES IN WRITING THAT THE RESPONDENT
 HAS COMMITTED A FAMILY OFFENSE AMONG THE OFFENSES ENUMERATED IN SUBDIVI-
 SION ONE OF SECTION EIGHT HUNDRED TWELVE OF THIS ACT AGAINST THE  CHILD,
 THE CHILD'S PARENT OR PARENTS, THE CHILD'S FOSTER, PRE-ADOPTIVE OR ADOP-
 TIVE  PARENT  OR  PARENTS OR OTHER MEMBERS OF THE HOUSEHOLD IN WHICH THE
 CHILD RESIDES, THE ORDER OF PROTECTION AGAINST  THE  RESPONDENT  MAY  BE
 ISSUED  TO  PROTECT SUCH PERSON OR PERSONS. PRIOR TO ISSUING AN ORDER OF
 PROTECTION UNDER THIS SECTION, THE COURT SHALL INQUIRE AS TO THE  EXIST-
 ENCE  OF ANY OTHER ORDERS OF PROTECTION INVOLVING THE PARTIES. WHERE THE
 court [may also award] HAS DETERMINED, IN ACCORDANCE WITH  THE  REQUIRE-
 MENTS  OF SECTION ONE THOUSAND SEVENTEEN, PART TWO, SECTION ONE THOUSAND
 FIFTY-TWO OR SECTION ONE THOUSAND FIFTY-FIVE OF THIS ARTICLE TO  RELEASE
 A CHILD TO A NON-RESPONDENT PARENT OR TO DIRECTLY PLACE OR ORDER custody
 of  the  child,  during the term of the TEMPORARY order of protection OR
 ORDER OF PROTECTION, AS APPLICABLE, to [either parent, or to] an  appro-
 priate relative [within the second degree] OR SUITABLE PERSON, THE ORDER
 OF  RELEASE  OR  CUSTODY  MAY  BE  INCLUDED  IN  THE  TEMPORARY ORDER OF
 PROTECTION OR ORDER OF PROTECTION,  AS  APPLICABLE.    Nothing  in  this
 section  gives  the  court  power  to place or board out any child or to
 commit a child  to  an  institution  or  agency.  In  making  orders  of
 protection,  the  court  shall  so  act  as  to insure that in the care,
 protection, discipline and guardianship of the child his  OR  HER  reli-
 gious faith shall be preserved and protected.
   §  4. Section 1072 of the family court act, as amended by chapter 1039
 of the laws of 1973, the opening paragraph as amended by chapter 437  of
 the laws of 2006, is amended to read as follows:
   §  1072. Failure to comply with terms and conditions of supervision OR
 ORDER OF PROTECTION.  1. If, prior to the expiration of the period of an
 order of supervision pursuant to section one thousand [fifty-four or one
 thousand] fifty-seven of this article, a motion or order to  show  cause
 is  filed that alleges that a parent or other person legally responsible
 for a child's care violated the terms and  conditions  of  an  order  of
 supervision  issued  under section one thousand [fifty-four or one thou-

 S. 7896                             4

 sand] fifty-seven of this article, the period of  the  order  of  super-
 vision  shall  be  tolled  pending disposition of the motion or order to
 show cause. If, after hearing, the court is satisfied by competent proof
 that  the parent or other person violated the order of supervision will-
 fully and without just cause, the court may:
   (a) revoke the order of supervision [or of protection] and  enter  any
 order that might have been made at the time the order of supervision [or
 of protection] was made, or
   (b)  commit  the parent or other person who willfully and without just
 cause violated the order to jail for a term not to exceed six months.
   2. PRIOR TO THE EXPIRATION OF THE PERIOD OF AN ORDER OF PROTECTION  OR
 TEMPORARY  ORDER  OF  PROTECTION ISSUED PURSUANT TO SECTION ONE THOUSAND
 TWENTY-NINE OR ONE THOUSAND FIFTY-SIX OF THIS ARTICLE, A MOTION OR ORDER
 TO SHOW CAUSE MAY BE FILED THAT ALLEGES THAT THE RESPONDENT VIOLATED THE
 TERMS AND CONDITIONS OF SUCH ORDER WILLFULLY  AND  WITHOUT  JUST  CAUSE.
 IF,  AFTER  GIVING  ALL  PARTIES,  INCLUDING THE ATTORNEY FOR THE CHILD,
 NOTICE AND AN OPPORTUNITY TO BE HEARD, THE COURT IS SATISFIED BY  COMPE-
 TENT  PROOF  THAT  THE  RESPONDENT  VIOLATED  THE ORDER OF PROTECTION OR
 TEMPORARY ORDER OF PROTECTION WILLFULLY  AND  WITHOUT  JUST  CAUSE,  THE
 COURT MAY:
   (A)  REVOKE  OR  MODIFY  THE ORDER OF PROTECTION OR TEMPORARY ORDER OF
 PROTECTION AND ENTER ANY ORDER THAT MIGHT HAVE BEEN  MADE  AT  THE  TIME
 SUCH ORDER HAD BEEN ISSUED, OR
   (B)  ISSUE  AN  ORDER IN ACCORDANCE WITH SECTIONS EIGHT HUNDRED FORTY-
 TWO-A, EIGHT HUNDRED FORTY-SIX, EIGHT HUNDRED FORTY-SIX-A OR  ONE  THOU-
 SAND FIFTY-SIX-A OF THIS ACT; PROVIDED, HOWEVER, THAT A COMMITMENT UNDER
 THIS PARAGRAPH TO A DEFINITE JAIL TERM AS A RESULT OF A DETERMINATION OF
 CRIMINAL  CONTEMPT, WHETHER OR NOT SUCH TERM HAS BEEN SUSPENDED, MUST BE
 BASED UPON PROOF BEYOND A REASONABLE DOUBT.
   § 5. Clause (D) of subparagraph (viii) of paragraph 2  of  subdivision
 (d)  of  section  1089 of the family court act is amended by adding five
 new items (I), (II), (III), (IV) and (V) to read as follows:
   (I) WHERE THE PETITIONER ALLEGES IN WRITING THAT THE CHILD'S PARENT OR
 PERSON LEGALLY RESPONSIBLE FOR THE CHILD'S CARE HAS COMMITTED  A  FAMILY
 OFFENSE  AMONG  THE  OFFENSES  ENUMERATED  IN SUBDIVISION ONE OF SECTION
 EIGHT HUNDRED TWELVE OF THIS ACT AGAINST THE CHILD, THE CHILD'S  FOSTER,
 PRE-ADOPTIVE  OR  ADOPTIVE  PARENT  OR  PARENTS  OR OTHER MEMBERS OF THE
 HOUSEHOLD IN WHICH THE CHILD RESIDES, THE PETITIONER MAY SEEK  AN  ORDER
 OF PROTECTION AGAINST SUCH PARENT OR PERSON. SUCH AN ORDER MAY BE SOUGHT
 AGAINST  A  PARENT  OR  PERSON  LEGALLY RESPONSIBLE FOR THE CHILD'S CARE
 AGAINST WHOM A CHILD PROTECTIVE FINDING HAD BEEN MADE UNDER ARTICLE  TEN
 OF  THIS ACT OR A FAMILY OFFENSE FINDING UNDER ARTICLE EIGHT OF THIS ACT
 OR AGAINST A PARENT DETERMINED TO HAVE COMMITTED A FAMILY OFFENSE IN  AN
 APPLICATION  FOR  AN ORDER OF PROTECTION UNDER SECTION SIX HUNDRED THIR-
 TY-FOUR-A OF THIS ACT OR SECTION  THREE  HUNDRED  EIGHTY-FOUR-B  OF  THE
 SOCIAL  SERVICES  LAW.   NOTICE OF THE APPLICATION SHALL BE GIVEN TO ALL
 PARTIES, INCLUDING THE ATTORNEY FOR THE CHILD.  WHERE THE CHILD HAS BEEN
 FREED FOR ADOPTION, THE PARENT  WHOSE  RIGHTS  HAD  BEEN  TERMINATED  OR
 SURRENDERED  AND AGAINST WHOM THE ORDER IS SOUGHT SHALL BE GIVEN NOTICE,
 THE RIGHT TO INTERVENE, THE RIGHT TO COUNSEL, INCLUDING APPOINTED  COUN-
 SEL IF INDIGENT, AND THE RIGHT TO BE HEARD REGARDING THE APPLICATION.
   (II)  WHERE  THE  COURT  HAS  A  REASONABLE  BASIS TO BELIEVE THAT THE
 RESPONDENT HAS COMMITTED SUCH A FAMILY OFFENSE AGAINST  THE  CHILD,  THE
 CHILD'S  FOSTER,  PRE-ADOPTIVE  OR  ADOPTIVE  PARENT OR PARENTS OR OTHER
 MEMBERS OF THE HOUSEHOLD IN WHICH THE CHILD RESIDES, THE COURT MAY, UPON
 GOOD CAUSE, ISSUE A TEMPORARY ORDER OF PROTECTION TO PROTECT  THE  CHILD

 S. 7896                             5
 
 AND  THE  CHILD'S FOSTER, PRE-ADOPTIVE OR ADOPTIVE PARENT OR PARENTS AND
 OTHER DESIGNATED MEMBERS OF THE HOUSEHOLD IN  WHICH  THE  CHILD  RESIDES
 DURING  THE  PENDENCY  OF  THE  PROCEEDING  UNDER  THIS ARTICLE OR UNTIL
 FURTHER  ORDER  OF  THE  COURT, WHICHEVER IS EARLIER. WHERE THE ORDER IS
 GRANTED ON AN EMERGENCY BASIS  EX  PARTE,  ALL  PARTIES,  INCLUDING  THE
 ATTORNEY  FOR THE CHILD, AND RESPONDENT PARENT-INTERVENOR, IF ANY, SHALL
 BE GIVEN NOTICE AND A PROMPT OPPORTUNITY TO BE HEARD.
   (III) UPON ISSUANCE OF A PERMANENCY HEARING ORDER UNDER THIS  SUBDIVI-
 SION,  WHERE THE COURT, AFTER GIVING ALL PARTIES, INCLUDING THE ATTORNEY
 FOR THE CHILD AND PARENT-INTERVENOR, IF ANY, NOTICE AND  AN  OPPORTUNITY
 TO BE HEARD, DETERMINES BY A PREPONDERANCE OF THE EVIDENCE THAT A FAMILY
 OFFENSE  AMONG  THE  OFFENSES  ENUMERATED  IN SUBDIVISION ONE OF SECTION
 EIGHT HUNDRED TWELVE OF THIS ACT HAS BEEN COMMITTED AND THAT GOOD  CAUSE
 EXISTS,  THE COURT MAY ISSUE AN ORDER OF PROTECTION TO PROTECT THE CHILD
 AND THE CHILD'S FOSTER, PRE-ADOPTIVE OR ADOPTIVE PARENT OR  PARENTS  AND
 OTHER DESIGNATED MEMBERS OF THE HOUSEHOLD IN WHICH THE CHILD RESIDES. AN
 ORDER OF PROTECTION ISSUED UNDER THIS PARAGRAPH MAY REMAIN IN EFFECT FOR
 A PERIOD OF UP TO FIVE YEARS.
   (IV)  AN  ORDER  OF PROTECTION OR TEMPORARY ORDER OF PROTECTION ISSUED
 UNDER THIS CLAUSE MAY DIRECT THE PARENT, PERSON LEGALLY RESPONSIBLE  FOR
 THE  CHILD'S  CARE  OR  PARENT-INTERVENOR, IF ANY, TO OBSERVE REASONABLE
 CONDITIONS THAT FURTHER THE PURPOSES OF PROTECTION AND THAT MAY INCLUDE,
 AMONG OTHERS, TO STAY AWAY FROM THE CHILD AND  FROM  THE  HOME,  SCHOOL,
 BUSINESS  OR  PLACE  OF  EMPLOYMENT  OF THE CHILD OR THE CHILD'S FOSTER,
 PRE-ADOPTIVE OR ADOPTIVE PARENT OR PARENTS OR OTHER  DESIGNATED  MEMBERS
 OF THE HOUSEHOLD IN WHICH THE CHILD RESIDES. PRIOR TO ISSUING THE ORDER,
 THE  COURT  SHALL  INQUIRE  AS  TO  THE EXISTENCE OF ANY OTHER ORDERS OF
 PROTECTION INVOLVING THE PARTIES. THE COURT SHALL STATE ITS  REASONS  ON
 THE RECORD FOR ISSUING THE ORDER.
   (V) PRIOR TO THE EXPIRATION OF THE PERIOD OF AN ORDER OF PROTECTION OR
 TEMPORARY  ORDER  OF  PROTECTION  ISSUED UNDER THIS SECTION, A MOTION OR
 ORDER TO SHOW CAUSE MAY BE FILED THAT ALLEGES THAT  THE  PERSON  AGAINST
 WHOM  THE  ORDER  WAS  ISSUED  VIOLATED THE TERMS AND CONDITIONS OF SUCH
 ORDER WILLFULLY AND WITHOUT JUST CAUSE. IF, AFTER GIVING NOTICE  AND  AN
 OPPORTUNITY  TO  BE HEARD TO ALL PARTIES, INCLUDING THE ATTORNEY FOR THE
 CHILD, THE COURT IS  SATISFIED  BY  COMPETENT  PROOF  THAT  SUCH  PERSON
 VIOLATED  THE ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION WILL-
 FULLY AND WITHOUT JUST CAUSE, THE COURT MAY ISSUE AN ORDER  PURSUANT  TO
 SECTION  EIGHT  HUNDRED  FORTY-TWO-A,  EIGHT  HUNDRED  FORTY-SIX,  EIGHT
 HUNDRED FORTY-SIX-A OR ONE THOUSAND FIFTY-SIX-A OF THIS  ACT;  PROVIDED,
 HOWEVER,  THAT A COMMITMENT UNDER THIS PARAGRAPH TO A DEFINITE JAIL TERM
 AS A RESULT OF A DETERMINATION OF CRIMINAL CONTEMPT, WHETHER OR NOT SUCH
 TERM HAS BEEN SUSPENDED, MUST BE BASED UPON PROOF  BEYOND  A  REASONABLE
 DOUBT.
   §  6.  Section 384-b of the social services law is amended by adding a
 new subdivision 14 to read as follows:
   14. (A) WHERE THE PETITIONER ALLEGES THAT THE RESPONDENT HAS COMMITTED
 A FAMILY OFFENSE AMONG THE OFFENSES ENUMERATED  IN  SUBDIVISION  ONE  OF
 SECTION  EIGHT HUNDRED TWELVE OF THE FAMILY COURT ACT AGAINST THE CHILD,
 THE CHILD'S FOSTER, PRE-ADOPTIVE OR ADOPTIVE PARENT OR PARENTS OR  OTHER
 MEMBERS  OF THE HOUSEHOLD IN WHICH THE CHILD RESIDES, THE PETITIONER MAY
 SEEK AN ORDER OF PROTECTION AGAINST THE RESPONDENT IN WRITING, EITHER IN
 THE PETITION, BY ORDER TO SHOW CAUSE OR BY MOTION, UPON  NOTICE  TO  ALL
 PARTIES, INCLUDING THE ATTORNEY FOR THE CHILD.
   (B)  WHERE  THE  COURT  HAS  A  REASONABLE  BASIS  TO BELIEVE THAT THE
 RESPONDENT HAS COMMITTED A FAMILY OFFENSE AMONG THE OFFENSES  ENUMERATED

 S. 7896                             6
 
 IN  SUBDIVISION  ONE OF SECTION EIGHT HUNDRED TWELVE OF THE FAMILY COURT
 ACT AGAINST THE CHILD, THE  CHILD'S  FOSTER,  PRE-ADOPTIVE  OR  ADOPTIVE
 PARENT  OR  PARENTS OR OTHER MEMBERS OF THE HOUSEHOLD IN WHICH THE CHILD
 RESIDES,  THE  COURT  MAY,  UPON  GOOD CAUSE, ISSUE A TEMPORARY ORDER OF
 PROTECTION TO PROTECT THE CHILD AND THE CHILD'S FOSTER, PRE-ADOPTIVE  OR
 ADOPTIVE PARENT OR PARENTS AND OTHER DESIGNATED MEMBERS OF THE HOUSEHOLD
 IN  WHICH  THE CHILD RESIDES DURING THE PENDENCY OF THE PROCEEDING UNDER
 THIS ARTICLE OR UNTIL FURTHER ORDER OF THE COURT, WHICHEVER IS  EARLIER.
 WHERE  THE ORDER IS GRANTED ON AN EMERGENCY BASIS EX PARTE, ALL PARTIES,
 INCLUDING THE ATTORNEY FOR THE CHILD, SHALL BE GIVEN NOTICE AND A PROMPT
 OPPORTUNITY TO BE HEARD,
   (C) UPON DISPOSITION ON AN ADJUDICATION TERMINATING  PARENTAL  RIGHTS,
 WHERE  THE  COURT,  AFTER GIVING ALL PARTIES, INCLUDING THE ATTORNEY FOR
 THE CHILD, NOTICE AND AN  OPPORTUNITY  TO  BE  HEARD,  DETERMINES  BY  A
 PREPONDERANCE  OF  THE EVIDENCE THAT A FAMILY OFFENSE AMONG THE OFFENSES
 ENUMERATED IN SUBDIVISION ONE OF SECTION EIGHT  HUNDRED  TWELVE  OF  THE
 FAMILY  COURT  ACT  HAD  BEEN  COMMITTED AND THAT GOOD CAUSE EXISTS, THE
 COURT MAY ISSUE AN ORDER OF PROTECTION TO  PROTECT  THE  CHILD  AND  THE
 CHILD'S  FOSTER,  PRE-ADOPTIVE  OR  ADOPTIVE PARENT OR PARENTS AND OTHER
 DESIGNATED MEMBERS OF THE HOUSEHOLD IN WHICH THE CHILD RESIDES. AN ORDER
 OF PROTECTION ISSUED UNDER THIS PARAGRAPH MAY REMAIN  IN  EFFECT  FOR  A
 PERIOD OF UP TO FIVE YEARS.
   (D)  AN  ORDER  OF  PROTECTION OR TEMPORARY ORDER OF PROTECTION ISSUED
 UNDER THIS SUBDIVISION MAY DIRECT THE RESPONDENT TO  OBSERVE  REASONABLE
 CONDITIONS  THAT  FURTHER THE PURPOSES OF PROTECTION, WHICH MAY INCLUDE,
 AMONG OTHERS, THAT THE RESPONDENT STAY AWAY FROM THE CHILD AND FROM  THE
 HOME,  SCHOOL,  BUSINESS  OR  PLACE  OF  EMPLOYMENT  OF THE CHILD OR THE
 CHILD'S FOSTER, PRE-ADOPTIVE OR ADOPTIVE  PARENT  OR  PARENTS  OR  OTHER
 DESIGNATED MEMBERS OF THE HOUSEHOLD IN WHICH THE CHILD RESIDES. PRIOR TO
 ISSUING  THE  ORDER,  THE COURT SHALL INQUIRE AS TO THE EXISTENCE OF ANY
 OTHER ORDERS OF PROTECTION INVOLVING THE PARTIES. THE COURT SHALL  STATE
 ITS REASONS ON THE RECORD FOR ISSUING THE ORDER.
   (E) PRIOR TO THE EXPIRATION OF THE PERIOD OF AN ORDER OF PROTECTION OR
 TEMPORARY ORDER OF PROTECTION ISSUED UNDER THIS SUBDIVISION, A MOTION OR
 ORDER  TO  SHOW  CAUSE  MAY  BE  FILED  THAT ALLEGES THAT THE RESPONDENT
 VIOLATED THE TERMS AND CONDITIONS OF SUCH ORDER  WILLFULLY  AND  WITHOUT
 JUST  CAUSE.  IF,  AFTER GIVING NOTICE AND AN OPPORTUNITY TO BE HEARD TO
 ALL PARTIES, INCLUDING THE ATTORNEY FOR THE CHILD, THE COURT  IS  SATIS-
 FIED  BY  COMPETENT  PROOF  THAT  THE  RESPONDENT  VIOLATED THE ORDER OF
 PROTECTION OR TEMPORARY ORDER OF PROTECTION WILLFULLY AND  WITHOUT  JUST
 CAUSE,  THE  COURT  MAY ISSUE AN ORDER PURSUANT TO SECTION EIGHT HUNDRED
 FORTY-TWO-A, EIGHT HUNDRED FORTY-SIX OR EIGHT HUNDRED FORTY-SIX-A OF THE
 FAMILY COURT ACT; PROVIDED, HOWEVER, THAT A COMMITMENT UNDER THIS  PARA-
 GRAPH TO A DEFINITE JAIL TERM AS A RESULT OF A DETERMINATION OF CRIMINAL
 CONTEMPT,  WHETHER  OR  NOT  SUCH TERM HAS BEEN SUSPENDED, MUST BE BASED
 UPON PROOF BEYOND A REASONABLE DOUBT.
   § 7. Subdivision 1 of section 221-a of the executive law,  as  amended
 by chapter 492 of the laws of 2015, is amended to read as follows:
   1.  The  superintendent, in consultation with the division of criminal
 justice services, office of court administration, and the office for the
 prevention of domestic violence, shall develop a comprehensive plan  for
 the  establishment  and maintenance of a statewide computerized registry
 of all orders of protection issued pursuant to articles four, five, six,
 eight [and], ten AND TEN-A  of  the  family  court  act,  SECTION  THREE
 HUNDRED  EIGHTY-FOUR-B OF THE SOCIAL SERVICES LAW, section 530.12 of the
 criminal procedure law and, insofar as they involve victims of  domestic

 S. 7896                             7
 
 violence  as  defined by section four hundred fifty-nine-a of the social
 services law, section 530.13 of the criminal procedure law and  sections
 two  hundred  forty  and two hundred fifty-two of the domestic relations
 law, and orders of protection issued by courts of competent jurisdiction
 in  another state, territorial or tribal jurisdiction, special orders of
 conditions issued pursuant to subparagraph (i) or (ii) of paragraph  (o)
 of subdivision one of section 330.20 of the criminal procedure law inso-
 far  as they involve a victim or victims of domestic violence as defined
 by subdivision one of section four hundred fifty-nine-a  of  the  social
 services  law  or  a  designated  witness  or witnesses to such domestic
 violence, and all warrants  issued  pursuant  to  sections  one  hundred
 fifty-three  and eight hundred twenty-seven of the family court act, and
 arrest and bench warrants as defined in subdivisions twenty-eight, twen-
 ty-nine and thirty of section 1.20 of the criminal procedure law,  inso-
 far as such warrants pertain to orders of protection or temporary orders
 of  protection;  provided,  however,  that  warrants  issued pursuant to
 section one hundred fifty-three of the family court  act  pertaining  to
 articles  three and seven of such act and section 530.13 of the criminal
 procedure law shall not be included in the registry. The  superintendent
 shall  establish  and  maintain such registry for the purposes of ascer-
 taining the existence of  orders  of  protection,  temporary  orders  of
 protection, warrants and special orders of conditions, and for enforcing
 the provisions of paragraph (b) of subdivision four of section 140.10 of
 the criminal procedure law.
   §  8.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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Senate Bill S7896

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Tony Avella