NY State Senate Bill 2019-S3556

Senate Bill S3556

2019-2020 Legislative Session

Relates to 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 Senate Committee Children And Families 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
Jan 08, 2020	referred to children and families
Feb 08, 2019	referred to children and families

2019-S3556 (ACTIVE) - Details

Current Committee:: Senate Children And Families
Law Section:: Family Court Act
Laws Affected:: Amd §1056, Fam Ct Act
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7696
2017-2018: S1409

2019-S3556 (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.

2019-S3556 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3556

SPONSOR: KENNEDY
 
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 adop-
tive 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. Current-
ly, the law does not permit the court to issue order s 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 19 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:

2017-18: S.1409 (Avella); Passed the Senate
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.

2019-S3556 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3556
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 8, 2019
                                ___________
 
 Introduced  by  Sen. KENNEDY -- 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.
                                                            LBD05556-01-9

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