S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4005
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2019
                                ___________
 
 Introduced  by  M.  of A. WEPRIN -- Multi-Sponsored by -- M. of A. KOLB,
   M. G. MILLER, MONTESANO, QUART, RA, RIVERA -- read once  and  referred
   to the Committee on Judiciary
 
 AN  ACT  to  amend  the domestic relations law, in relation to the child
   custody and support decision-making process

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "child custody reform act".
   § 2.  Declaration  of  purposes.  The  legislature  hereby  finds  and
 declares  that  it is in the best interests of a child whose parents are
 in dispute over his or her custody that:
   Parents resolve their dispute as expeditiously as possible in a child-
 centered manner;
   Parents be encouraged to recognize the continuing interest  that  each
 has  in  the welfare of their child and resolve any differences they may
 have concerning custody, parenting and child support  obligations  prior
 to engaging in the adversarial process;
   Courts  undertake  an active role in promoting parental settlements in
 custody, parenting and child support disputes, and in educating  parents
 about the needs of their child resulting from divorce or separation;
   The  child centered mediation process, in suitable cases, is an appro-
 priate way to help parents resolve child custody,  parenting  and  child
 support disputes;
   Mediation  of  custody, parenting and child support disputes should be
 conducted in collaboration with the courts, in a  safe  environment,  by
 well-trained,  experienced mediators during which the parents attempt to
 plan cooperatively for the welfare of their child; and
   Uniform statewide standards for  mediation  should  be  formulated  in
 order  to  ensure  the  safety,  quality and usefulness of the mediation
 process to the court as well as to the parents, and to assure compliance
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08212-01-9

 A. 4005                             2
 
 with the due process rights of those involved in custody, parenting  and
 child support disputes.
   § 3. The domestic relations law is amended by adding a new section 242
 to read as follows:
   §  242.  SPECIAL PROVISIONS FOR RESOLUTION OF CHILD CUSTODY, PARENTING
 AND CHILD SUPPORT DISPUTES. (A) DEFINITIONS. AS USED  IN  THIS  SECTION,
 UNLESS THE CONTEXT OTHERWISE REQUIRES:
   (1)  "CHILD"  MEANS  A  PERSON UNDER EIGHTEEN YEARS OF AGE, OR FOR THE
 PURPOSES OF SUPPORT UNDER  TWENTY-ONE  YEARS  OF  AGE,  WHO  IS  LEGALLY
 SUBJECT  TO  PARENTAL, GUARDIANSHIP OR SIMILAR CONTROL. "CHILD" INCLUDES
 CHILDREN IF MORE THAN ONE CHILD IS THE SUBJECT OF A  CUSTODY,  PARENTING
 OR CHILD SUPPORT DISPUTE.
   (2)  "PARENT"  MEANS THE BIOLOGICAL OR ADOPTIVE PARENT, OR OTHER LEGAL
 CUSTODIAN OR GUARDIAN.
   (3) "CUSTODY" MEANS THE RIGHT AND THE RESPONSIBILITY OF  A  PARENT  TO
 MAKE  DECISIONS  ABOUT THE HEALTH, WELFARE AND PHYSICAL CARE OF A CHILD,
 AND TO PARTICIPATE IN THE MAKING AND IMPLEMENTATION OF A PARENTING PLAN.
   (4) "PHYSICAL CUSTODY" MEANS THE PARENT  WITH  WHOM  THE  CHILD  SHALL
 PRIMARILY  RESIDE;  PROVIDED  HOWEVER,  THAT  IT  SHALL ALSO REFER TO AN
 ARRANGEMENT WHEREBY THE CHILD SHALL RESIDE WITH EACH PARENT ON A SHARED-
 TIME BASIS.
   (5) "CHILD SUPPORT" OR "SUPPORT" MEANS THE  RESPECTIVE  SUPPORT  OBLI-
 GATIONS OF THE PARENTS UNDER THE CHILD SUPPORT STANDARDS ACT.
   (6)  "PARENTING  PLAN"  MEANS A PLAN, DEVELOPED BY BOTH PARENTS, WHICH
 PROVIDES FOR THE HEALTH, WELFARE AND BEST INTERESTS OF  THE  CHILD,  AND
 WHICH  INCLUDES  DESIGNATIONS  OF  CUSTODY AND PHYSICAL CUSTODY, AND, AS
 NEEDED, THE AMOUNT OF TIME EACH  PARENT  WOULD  SPEND  WITH  THE  CHILD,
 INCLUDING  VACATIONS,  HOLIDAYS  AND SPECIAL OCCASIONS, A DESCRIPTION OF
 EACH PARENT'S AUTHORITY TO MAKE DECISIONS THAT AFFECT THE CHILD,  AND  A
 DESCRIPTION OF EACH PARENT'S CHILD SUPPORT OBLIGATION.
   (7)  "COURT" MEANS ANY TRIAL COURT, INCLUDING BOTH A SUPREME COURT AND
 A FAMILY COURT OF THIS STATE, IN WHICH A CUSTODY  OR  PARENTING  DISPUTE
 MAY BE HEARD.
   (8)  "MEDIATION"  MEANS  A CONFIDENTIAL, INFORMAL PROCEDURE IN WHICH A
 NEUTRAL THIRD PERSON HELPS PARENTS TO  COMMUNICATE  AND  MAKE  DECISIONS
 WITH EACH OTHER REGARDING THE BEST INTERESTS AND SUPPORT OF THEIR CHILD,
 AND TO FORMULATE A PARENTING PLAN.
   (9)  "MEDIATION PROVIDER" MEANS AN INDIVIDUAL OR ORGANIZATION THAT HAS
 BEEN CERTIFIED TO PROVIDE MEDIATION  SERVICES  UNDER  GUIDELINES  ESTAB-
 LISHED  BY  THE  CHIEF ADMINISTRATOR OF THE COURTS, IN CONSULTATION WITH
 MEMBERS OF THE STATEWIDE ADVISORY COUNCIL, PURSUANT  TO  PARAGRAPHS  TWO
 AND THREE OF SUBDIVISION (D) OF THIS SECTION.
   (10)  "UNSUITABLE"  MEANS  DISPUTES  WHERE  DOMESTIC  VIOLENCE, ABUSE,
 SEVERE POWER IMBALANCES OR OTHER FACTORS IN THE PARTICIPANTS'  RELATION-
 SHIP  RENDER  THE  MEDIATION PROCESS INAPPROPRIATE, AS DETERMINED BY THE
 METHODS FOR IDENTIFICATION AND SCREENING TO BE IMPLEMENTED BY THE  CHIEF
 ADMINISTRATOR  OF THE COURTS, IN CONSULTATION WITH MEMBERS OF THE STATE-
 WIDE ADVISORY COUNCIL, PURSUANT TO PARAGRAPHS TWO AND THREE OF  SUBDIVI-
 SION (D) OF THIS SECTION.
   (11) "SUITABLE" MEANS DISPUTES WHICH ARE APPROPRIATE FOR MEDIATION, AS
 DETERMINED  BY THE METHODS FOR IDENTIFICATION AND SCREENING TO BE IMPLE-
 MENTED BY THE CHIEF ADMINISTRATOR OF THE COURTS,  IN  CONSULTATION  WITH
 MEMBERS  OF  THE  STATEWIDE ADVISORY COUNCIL, PURSUANT TO PARAGRAPHS TWO
 AND THREE OF SUBDIVISION (D) OF THIS SECTION.
   (12) "MEDIATION INFORMATION SESSION" MEANS AN INITIAL SESSION WITH THE
 PARTIES TO THE DISPUTE AND THE  MEDIATION  PROVIDER,  DURING  WHICH  THE

 A. 4005                             3
 
 MEDIATION  PROVIDER  SCREENS  FOR  UNSUITABILITY  FACTORS,  EXPLAINS THE
 PURPOSE OF THE MEDIATION PROCESS AND  ITS  VOLUNTARY  NATURE,  DESCRIBES
 MEDIATION PROTOCOLS, AND BEGINS, IN SUITABLE DISPUTES, TO IDENTIFY AREAS
 OF DISPUTE.
   (B)  PRETRIAL  PROCEDURE,  JUDICIAL  MANAGEMENT  AND  DETERMINATION IN
 CUSTODY, PARENTING AND SUPPORT DISPUTES. (1)  A  CUSTODY,  PARENTING  OR
 SUPPORT  DISPUTE  SHALL,  INSOFAR  AS  IS  PRACTICABLE, BE ASSIGNED TO A
 SINGLE JUDGE OF THE COURT WHERE THE  DISPUTE  IS  PENDING.    THE  JUDGE
 ASSIGNED  TO  THE  DISPUTE SHALL OVERSEE ALL PROCEEDINGS IN THE DISPUTE,
 SEEKING TO PROMOTE SETTLEMENT BETWEEN THE PARTIES, WHERE SETTLEMENT  CAN
 BE  SAFELY PROMOTED, INCLUDING A REASONABLY EXPEDITIOUS DETERMINATION OF
 CUSTODY, SUPPORT AND PARENTAL AGREEMENT ON A PARENTING PLAN.
   (2) DURING THE INITIAL APPEARANCE OF THE PARTIES AND  AT  SUCH  SUBSE-
 QUENT  TIMES  AS  DEEMED  APPROPRIATE,  THE  JUDGE  TO WHOM THE CUSTODY,
 PARENTING OR SUPPORT DISPUTE IS ASSIGNED SHALL CONDUCT A CONFERENCE WITH
 THE PARTIES TO THE  DISPUTE,  AND  THEIR  ATTORNEYS,  IF  ANY,  FOR  THE
 PURPOSES  OF  ASCERTAINING  WHETHER  OR  NOT  THE  CUSTODY, PARENTING OR
 SUPPORT DISPUTE IS SUITABLE FOR MEDIATION. THE COURT  SHALL  NOTIFY  THE
 PARTIES  TO  THE  DISPUTE  OR  THEIR  ATTORNEYS,  IF ANY, AND SUCH OTHER
 PERSONS AS THE COURT DEEMS NECESSARY OF  THE  TIME  AND  PLACE  OF  SUCH
 CONFERENCE.
   (3) IF, AFTER CONFERENCING WITH THE PARTIES, THE COURT DETERMINES THAT
 THE DISPUTE IS SUITABLE FOR MEDIATION, THE COURT SHALL, PRIOR TO HOLDING
 A  HEARING  OR  TRIAL  TO ADJUDICATE THE DISPUTE, REFER THE DISPUTE TO A
 MEDIATION INFORMATION SESSION.
   (4) THE COURT MAY CONDUCT THE CONFERENCE REFERRED TO IN PARAGRAPH  TWO
 OF  THIS  SUBDIVISION  PRIOR TO DETERMINING ANY OR ALL OTHER ISSUES THAT
 MAY BE INVOLVED IN A MATRIMONIAL OR OTHER ACTION OR  PROCEEDING  BETWEEN
 THE  PARTIES  TO THE CUSTODY DISPUTE, IF THE BEST INTERESTS OF THE CHILD
 WILL BE SERVED BY SEPARATING THE ISSUES.
   (5) THE PARTIES WHO HAVE BEEN REFERRED TO MEDIATION SHALL BE  REQUIRED
 TO  ATTEND  A  MEDIATION INFORMATION SESSION, BUT MAY THEREAFTER DECLINE
 MEDIATION SERVICES.   IF THEY SO  DECLINE  OR  THE  MEDIATOR  DETERMINES
 DURING  THE  MEDIATION INFORMATION SESSION THAT THE DISPUTE IS NOT SUIT-
 ABLE FOR MEDIATION, THE CASE SHALL THEN BE  CONFIDENTIALLY  RETURNED  TO
 THE COURT FOR FURTHER PROCEEDINGS.
   (C)  MEDIATION OF CUSTODY, PARENTING AND SUPPORT DISPUTES. (1) SUBJECT
 TO THE PROVISIONS OF PARAGRAPH TWO OF THIS  SUBDIVISION,  EACH  JUDICIAL
 DISTRICT SHALL PROVIDE, ON A PRIVATE-PAY FEE SCHEDULE BASIS TO BE IMPLE-
 MENTED  BY  THE  CHIEF ADMINISTRATOR OF THE COURTS, IN CONSULTATION WITH
 MEMBERS OF THE STATEWIDE ADVISORY COUNCIL PURSUANT TO PARAGRAPHS TWO AND
 THREE OF SUBDIVISION (D) OF THIS SECTION, MEDIATION SERVICES TO  PARENTS
 IN CUSTODY, PARENTING AND SUPPORT DISPUTES UNDER A SERVICE PLAN OR PLANS
 ADHERING  TO GUIDELINES SO ESTABLISHED BY THE CHIEF ADMINISTRATOR OF THE
 COURTS.
   (2) THE FEE SCHEDULE BASIS ESTABLISHED PURSUANT  TO  THIS  SUBDIVISION
 SHALL  PROVIDE  FOR FREE OR LOW-COST MEDIATION SERVICES, AS APPROPRIATE,
 FOR PERSONS WHO ARE INDIGENT OR ARE  OTHERWISE  UNABLE  TO  AFFORD  SUCH
 SERVICES.
   (3)  MEDIATION  PROCEEDINGS SHALL BE CONFIDENTIAL.  ALL COMMUNICATIONS
 BETWEEN A MEDIATOR AND THE PARTIES TO A DISPUTE, THE ATTORNEYS  FOR  THE
 PARTIES TO THE DISPUTE, THE CHILD AND ANY COURT APPOINTED REPRESENTATIVE
 OF  THE  CHILD  SHALL  BE PRIVILEGED AND INADMISSIBLE IN ANY JUDICIAL OR
 ADMINISTRATIVE PROCEEDING. A MEDIATOR SHALL NOT BE CALLED AS A  WITNESS.
 ANY  NOTES  AND  WORK  PRODUCT  OF  THE MEDIATOR CONCERNING THE CUSTODY,
 PARENTING OR SUPPORT DISPUTE SHALL NOT BE DISCOVERED OR SUBPOENAED BY  A

 A. 4005                             4
 
 PARTY  TO  THE  DISPUTE, THE ATTORNEYS FOR THE PARTIES TO THE DISPUTE OR
 THE COURT APPOINTED REPRESENTATIVE OF THE CHILD, IF ANY. A MEDIATOR  WHO
 PROVIDES  MEDIATION  SERVICES IN A CUSTODY, PARENTING OR SUPPORT DISPUTE
 SHALL NOT PROVIDE INFORMATION TO THE COURT OR TO ANY PARTY REGARDING THE
 SUBSTANCE  OF  THE  MEDIATION PROCEEDINGS; PROVIDED HOWEVER, THAT, IF AN
 AGREEMENT IS REACHED DURING THE MEDIATION  PROCEEDINGS,  SUCH  AGREEMENT
 SHALL  BE  IN  WRITING  AND,  WITH  THE  CONSENT OF THE PARTICIPANTS, BE
 PROVIDED TO THE COURT.
   (4) TERMINATION OF A MEDIATION IF UNSUITABLE.  (A) IF, DURING A  MEDI-
 ATION  SESSION,  IT  IS  DETERMINED BY THE MEDIATOR THAT THE DISPUTE HAS
 BECOME UNSUITABLE, THE MEDIATOR SHALL TERMINATE THE MEDIATION IN ACCORD-
 ANCE WITH PROTOCOLS  ESTABLISHED  BY  THE  CHIEF  ADMINISTRATOR  OF  THE
 COURTS,  IN CONSULTATION WITH MEMBERS OF THE STATEWIDE ADVISORY COUNCIL,
 PURSUANT TO PARAGRAPHS TWO AND THREE OF SUBDIVISION (D) OF THIS SECTION.
   (B) IF SUCH TERMINATION SHOULD OCCUR, THE MEDIATOR  SHALL  INFORM  THE
 COURT THAT THE MEDIATION WAS DISCONTINUED.
   (D)  DUTIES  AND POWERS OF THE CHIEF ADMINISTRATOR OF THE COURTS.  (1)
 THE CHIEF ADMINISTRATOR OF THE COURTS SHALL BE RESPONSIBLE FOR:
   (A) PROMULGATING STANDARDS AND ADMINISTRATIVE POLICIES TO ENSURE  THAT
 CUSTODY,  PARENTING  AND  SUPPORT  DISPUTES  ARE  HANDLED BY COURTS, AND
 AFFILIATED PERSONNEL, ATTORNEYS, MEDIATORS AND PARTIES TO A DISPUTE IN A
 MANNER CONSISTENT WITH THE PURPOSES OF THIS SECTION;
   (B) PROMULGATING STANDARDS AND POLICIES TO ENSURE  THAT  THE  SERVICES
 NECESSARY TO CONDUCT MEDIATION ARE OF HIGH AND REASONABLY UNIFORM QUALI-
 TY IN ALL COURTS HEARING CUSTODY, PARENTING AND SUPPORT DISPUTES;
   (C)  CREATING  PLANS  FOR  DELIVERY OF MEDIATION SERVICES TO COURTS IN
 JUDICIAL DISTRICTS PURSUANT TO SUBDIVISION (C) OF THIS SECTION;
   (D) MONITORING THE IMPLEMENTATION OF THIS SECTION AND SERVICE PLANS IN
 JUDICIAL DISTRICTS; AND
   (E) ORGANIZING AND SUPERVISING TRAINING  PROGRAMS  FOR  PERSONNEL  WHO
 CONDUCT MEDIATION AUTHORIZED BY THIS SECTION.
   (2)  THE CHIEF ADMINISTRATOR OF THE COURTS SHALL ESTABLISH A STATEWIDE
 ADVISORY COMMITTEE TO RENDER ADVICE ON THE DEVELOPMENT OF STANDARDS  AND
 ADMINISTRATIVE  PRACTICES  REQUIRED  UNDER  THIS  SECTION AND ON HOW THE
 COURTS CAN BETTER PROVIDE SERVICES TO FAMILIES AND CHILDREN INVOLVED  IN
 CUSTODY,  PARENTING  AND SUPPORT DISPUTES. THIS ADVISORY COMMITTEE SHALL
 BE CONSTITUTED IN SUCH MANNER AS DEEMED ADVISABLE BY THE CHIEF  ADMINIS-
 TRATOR  OF THE COURTS, EXCEPT THAT IT SHALL INCLUDE AT LEAST TWO MEMBERS
 OF AN ORGANIZATION THE PURPOSE OF WHICH IS TO MONITOR AND MAKE RECOMMEN-
 DATIONS RELATIVE TO THE ISSUE OF DOMESTIC VIOLENCE,  AND  AT  LEAST  TWO
 MEMBERS  OF A PRIVATE OR GOVERNMENTAL ORGANIZATION WHICH IS DEDICATED TO
 THE ADVANCEMENT OF ALTERNATIVE  DISPUTE  RESOLUTION.  SELECTION  OF  THE
 MEMBERS OF THE ADVISORY COMMITTEE SHALL BE COMPLETED WITHIN THREE MONTHS
 OF THE EFFECTIVE DATE OF THIS SECTION.
   (3)  SPECIAL DUTIES OF THE STATEWIDE ADVISORY COMMITTEE. THE STATEWIDE
 ADVISORY COMMITTEE SHALL DEVELOP RECOMMENDATIONS FOR DETERMINING  TRAIN-
 ING  REQUIREMENTS AND SUCH OTHER REQUIREMENTS AS THE CHIEF ADMINISTRATOR
 OF THE COURTS SHALL REQUIRE FOR MEDIATORS WHO PROVIDE FAMILY ISSUE MEDI-
 ATIONS. SUCH REQUIREMENTS SHALL INCLUDE PROTOCOLS FOR THE CONDUCT  OF  A
 MEDIATION  SESSION AND PROTOCOLS FOR RECOGNIZING THE EXISTENCE OF ISSUES
 WHICH ARE UNSUITABLE FOR MEDIATION.  THE RECOMMENDATIONS OF  THE  STATE-
 WIDE  ADVISORY COMMITTEE SHALL BE INCLUDED IN A WRITTEN REPORT SUBMITTED
 TO THE CHIEF  ADMINISTRATOR  WITHIN  NINE  MONTHS  AFTER  THE  COMMITTEE
 MEMBERS  SHALL  HAVE BEEN APPOINTED.  THE MEMBERS OF THE STATEWIDE ADVI-
 SORY COMMITTEE SHALL SERVE WITHOUT COMPENSATION BUT SHALL BE ENTITLED TO

 A. 4005                             5

 REIMBURSEMENT FOR NECESSARY AND  REASONABLE  EXPENSES  INCURRED  IN  THE
 COURSE OF THEIR DUTIES.
   §  4.  This  act shall take effect immediately. Effective immediately,
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized to be made and completed on or before such effective date.