NY State Senate Bill 2019-S4955

Senate Bill S4955

2019-2020 Legislative Session

Relates to requiring orders of custody to state whether law enforcement is authorized to remove a child or children

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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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to children and families
Apr 02, 2019	referred to children and families

co-Sponsors

2019-S4955 (ACTIVE) - Details

See Assembly Version of this Bill:: A6848
Current Committee:: Senate Children And Families
Law Section:: Family Court Act
Laws Affected:: Amd §§651 & 652, Fam Ct Act
Versions Introduced in Other Legislative Sessions:: 2021-2022: S564, A1179
2023-2024: S3157, A487

2019-S4955 (ACTIVE) - Summary

Requires orders of custody to state whether law enforcement is authorized to remove a child or children in order to comply with and enforce such orders.

2019-S4955 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4955

SPONSOR: HOYLMAN
 
TITLE OF BILL:  An act to amend the family court act, in relation to
the removal of children by orders of custody

 
PURPOSE OR GENERAL IDEA OF BILL:

To require that Family Court judges specify whether law enforcement can
forcibly take a child when there is an order that changes custody,
either permanent or temporary.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends section 651(e)(4) of the Family Court Act to require
that an order changing permanent or temporary custody must state whether
law enforcement is authorized to remove the child or children in order
to comply with the order.

Section two amends section 652 (a) and (b) of the Family Court Act to
require that an order or judgment modifying permanent or temporary

custody in a matrimonial action shall clarify whether the law enforce-
ment is authorized to remove the child in order to comply with the
order.

Section three provides the effective date.

 
JUSTIFICATION:

Recently, a horrific tragedy occurred in Westchester County when a two
year old child was killed, allegedly murdered by her mother. The night
before the toddler's death, police officers had arrived at the mother's
residence with an order changing custody of the child from the mother to
the father, but the order was written in such away that the police did
not believe that they could forcibly remove the child from the home.
When the mother refused to give the child to police, child services were
called, and other law enforcement agencies. By the next morning, the
child was dead.

This bill seeks to avoid this terrible tragedy from being repeated by
inserting language into the existing law that requires family court
judges to specify how police should act in carrying out any orders and
judgments changing custody, whether temporary or permanent.  Any order
that changes custody, either temporary or permanent, must clarify wheth-
er law enforcement is authorized to take the child.  The purpose is to
provide clarity to law enforcement in these difficult situations, so
that both the police and the litigants know what the police may or may
not do.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately

2019-S4955 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4955
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               April 2, 2019
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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  removal  of
   children by orders of custody
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 4 of subdivision (e) of section 651 of the family
 court act, as amended by chapter 295 of the laws of 2009, is amended  to
 read as follows:
   4.  Notifying  counsel and issuing orders. Upon consideration of deci-
 sions pursuant to article ten of this  act,  and  registry  reports  and
 notifying counsel involved in the proceeding, or in the event of a self-
 represented  party, notifying such party of the results thereof, includ-
 ing any court appointed attorney for children, the  court  may  issue  a
 temporary, successive temporary or final order of custody or visitation.
 SUCH  ORDERS SHALL STATE WHETHER LAW ENFORCEMENT IS AUTHORIZED TO REMOVE
 THE CHILD OR CHILDREN IN ORDER TO COMPLY WITH AND ENFORCE SAID ORDERS.
   § 2. Subdivisions (a) and (b) of section 652 of the family court  act,
 as  amended  by  chapter  40 of the laws of 1981, are amended to read as
 follows:
   (a) When referred from the supreme court  to  the  family  court,  the
 family  court  has  jurisdiction  to  determine,  with  the  same powers
 possessed by the supreme court, applications to fix temporary or  perma-
 nent  custody and applications to modify judgments and orders of custody
 or  visitation  in  actions  and  proceedings  for  marital  separation,
 divorce, annulment of marriage and dissolution of marriage. Applications
 to  modify  judgments and orders of custody may be granted by the family
 court under this section only upon the showing to the family court  that
 there  has  been a subsequent change of circumstances and that modifica-
 tion is required. SUCH DETERMINATIONS, INCLUDING MODIFICATIONS OF  JUDG-
 MENTS  OR  ORDERS  OF  CUSTODY,  SHALL  STATE WHETHER LAW ENFORCEMENT IS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10822-01-9

 S. 4955                             2
 
 AUTHORIZED TO REMOVE THE CHILD OR CHILDREN IN ORDER TO COMPLY  WITH  AND
 ENFORCE COURT JUDGMENTS OR ORDERS. 
   (b) In the event no such referral has been made and unless the supreme
 court  provides  in the order or judgment awarding custody or visitation
 in an action for divorce,  separation  or  annulment,  that  it  may  be
 enforced  or  modified  only in the supreme court, the family court may:
 (i) determine an application to enforce the order or  judgment  awarding
 custody  or  visitation,  or (ii) determine an application to modify the
 order or judgment awarding custody or visitation  upon  a  showing  that
 there  has been a subsequent change of circumstances and modification is
 required. SUCH DETERMINATIONS, INCLUDING MODIFICATIONS OF  JUDGMENTS  OR
 ORDERS  OF CUSTODY, SHALL STATE WHETHER LAW ENFORCEMENT IS AUTHORIZED TO
 REMOVE THE CHILD OR CHILDREN IN ORDER TO COMPLY WITH AND  ENFORCE  COURT
 JUDGMENTS OR ORDERS.
   § 3. This act shall take effect immediately.

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Senate Bill S4955

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Sponsored By

Brad Hoylman-Sigal