S T A T E   O F   N E W   Y O R K
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                                  5398--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2021
                                ___________
 
 Introduced by M. of A. HEVESI, SILLITTI, BARNWELL, DICKENS, FAHY, CLARK,
   HUNTER,  GALEF,  LAVINE,  SEAWRIGHT,  SIMON, JACKSON, J. RIVERA, McDO-
   NOUGH, MORINELLO, THIELE, BURDICK, K. BROWN, STIRPE, QUART,  GONZALEZ-
   ROJAS, DURSO, OTIS, LAWLER, BRABENEC, MANKTELOW, ANGELINO, COOK, GRIF-
   FIN,   GUNTHER,  STERN,  FRONTUS,  McDONALD,  JEAN-PIERRE,  DeSTEFANO,
   BLANKENBUSH,  FERNANDEZ,  RA,  FITZPATRICK,  PHEFFER AMATO,  ANDERSON,
   MIKULIN,  L. ROSENTHAL,  LALOR,  LUPARDO,  SIMPSON,  EPSTEIN,  KELLES,
   SMITH, JENSEN, BURGOS, JONES, STECK, ZINERMAN, CRUZ, AUBRY, GOTTFRIED,
   CUNNINGHAM, ABINANTI, HAWLEY -- read once and referred to the  Commit-
   tee  on  Judiciary  --  recommitted  to  the Committee on Judiciary in
   accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the domestic relations law and the family court act,  in
   relation to establishing "Kyra's Law"
 
   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 as and may be cited as
 "Kyra's Law".
   § 2. Subparagraph 5 of paragraph (a-1) of subdivision 1 of section 240
 of the domestic relations law, as amended by chapter 295 of the laws  of
 2009, is amended to read as follows:
   (5)   Temporary  emergency  order.    (I)  NOTWITHSTANDING  ANY  OTHER
 PROVISION OF THE LAW, UPON THE APPLICATION  OF  A  PARTY  TO  AN  ACTION
 CONCERNING  CUSTODY OF OR A RIGHT TO VISITATION WITH A CHILD WHO ALLEGES
 THAT THE OTHER PARTY TO THE PROCEEDING HAS COMMITTED, HAS THREATENED  TO
 COMMIT, OR IS LIKELY TO COMMIT AN ACT OF CHILD ABUSE AGAINST SUCH CHILD,
 OR  HAS  COMMITTED,  HAS THREATENED TO COMMIT, OR IS LIKELY TO COMMIT AN
 ACT OF DOMESTIC VIOLENCE AGAINST THE PARTY MAKING THE  ALLEGATION  OR  A
 FAMILY  OR HOUSEHOLD MEMBER OF EITHER PARTY, AS SUCH FAMILY OR HOUSEHOLD
 MEMBER IS DEFINED IN ARTICLE EIGHT OF THE FAMILY COURT  ACT,  THE  COURT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09163-02-2
              

 A. 5398--A                          2
 
 SHALL  HOLD  A  HEARING  TO  DETERMINE  WHETHER TEMPORARY LIMITATIONS OR
 CONDITIONS ON THE CUSTODY OR VISITATION  RIGHTS  OF  THE  PARTY  WHO  IS
 ALLEGED  TO  HAVE  COMMITTED AN ACT OF CHILD ABUSE AGAINST THE CHILD, OR
 COMMITTED AN ACT OF DOMESTIC VIOLENCE AGAINST THE PARTY MAKING THE ALLE-
 GATION  OR  A FAMILY OR HOUSEHOLD MEMBER OF EITHER PARTY IS NECESSARY TO
 AVOID SIGNIFICANT RISK TO THE CHILD'S LIFE OR SAFETY.  THE  COURT  SHALL
 CONDUCT  AN  ASSESSMENT  OF  THE BEST INTERESTS OF THE CHILD TO IDENTIFY
 SIGNIFICANT RISK TO THE CHILD'S LIFE AND SAFETY, USING A RISK ASSESSMENT
 TOOL DEVELOPED PURSUANT TO CLAUSE (II) OF THIS SUBPARAGRAPH TO  EVALUATE
 FACTORS WHICH SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO:
   (A)  ALLEGATIONS OF DOMESTIC VIOLENCE, CHILD ABUSE, CHILD SEXUAL ABUSE
 OR INCIDENTS INVOLVING HARM, OR RISK OF HARM, TO A CHILD;
   (B) PRIOR POLICE REPORTS OR DOMESTIC VIOLENCE INCIDENT  REPORTS  DOCU-
 MENTING  PRIOR  INCIDENTS INVOLVING CHILD ABUSE OR DOMESTIC VIOLENCE, OR
 WHETHER EITHER PARTY HAS BEEN CHARGED WITH AN ACT WHICH WOULD CONSTITUTE
 DISORDERLY CONDUCT, UNLAWFUL DISSEMINATION OR PUBLICATION OF AN INTIMATE
 IMAGE, HARASSMENT IN THE FIRST DEGREE, HARASSMENT IN THE SECOND  DEGREE,
 AGGRAVATED  HARASSMENT IN THE SECOND DEGREE, SEXUAL MISCONDUCT, FORCIBLE
 TOUCHING, SEXUAL ABUSE IN THE THIRD DEGREE, SEXUAL ABUSE IN  THE  SECOND
 DEGREE  AS  SET  FORTH IN SUBDIVISION ONE OF SECTION 130.60 OF THE PENAL
 LAW, STALKING IN THE FIRST DEGREE, STALKING IN THE SECOND DEGREE, STALK-
 ING IN THE  THIRD  DEGREE,  STALKING  IN  THE  FOURTH  DEGREE,  CRIMINAL
 MISCHIEF,  MENACING  IN THE SECOND DEGREE, MENACING IN THE THIRD DEGREE,
 RECKLESS ENDANGERMENT, CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD CIRCU-
 LATION, STRANGULATION IN THE SECOND DEGREE, STRANGULATION IN  THE  FIRST
 DEGREE,  ASSAULT  IN  THE SECOND DEGREE, ASSAULT IN THE THIRD DEGREE, AN
 ATTEMPTED ASSAULT, IDENTITY THEFT IN THE FIRST DEGREE, IDENTITY THEFT IN
 THE SECOND DEGREE, IDENTITY THEFT IN THE THIRD DEGREE, GRAND LARCENY  IN
 THE  FOURTH  DEGREE,  GRAND LARCENY IN THE THIRD DEGREE, COERCION IN THE
 SECOND DEGREE OR COERCION IN THE THIRD DEGREE AS SET FORTH  IN  SUBDIVI-
 SIONS  ONE,  TWO  AND  THREE  OF SECTION 135.60 OF THE PENAL LAW BETWEEN
 SPOUSES OR FORMER SPOUSES, OR BETWEEN PARTY AND CHILD OR BETWEEN MEMBERS
 OF THE SAME FAMILY OR HOUSEHOLD, REGARDLESS OF THE DISPOSITION;
   (C) WHETHER EITHER PARTY OWNS, POSSESSES OR HAS ACCESS TO  A  FIREARM,
 RIFLE OR SHOTGUN;
   (D)  DECISIONS  AND  REPORTS  ON  REGISTRIES  AS  REQUIRED PURSUANT TO
 SUBPARAGRAPH THREE OF THIS PARAGRAPH;
   (E) CONFINEMENT OF A PARTY OR CHILD BY THE OTHER PARTY;
   (F) THREATS TO HARM OR KILL SELF OR OTHERS, OR THREATS TO HARM OR KILL
 EMOTIONAL SUPPORT OR COMFORT ANIMALS  OWNED  OR  POSSESSED  BY  SELF  OR
 OTHERS, MADE BY ONE PARTY TO THE OTHER PARTY OR CHILD; AND
   (G) ONE PARTY'S CONCERN ABOUT FUTURE ASSAULTS FROM THE OTHER PARTY.
   EXCEPT  FOR GOOD CAUSE SHOWN, THE HEARING FOR SUCH DETERMINATION SHALL
 COMMENCE WITHIN FOURTEEN COURT DAYS OF THE APPLICATION FOR SUCH  HEARING
 AND  SHALL  NOT BE ADJOURNED. PARTIES SHALL BE NOTICED OF THEIR RIGHT TO
 THE ASSISTANCE OF COUNSEL AT THE INITIATION OF SUCH  HEARING.  WHEN  THE
 PARTIES  FIRST  APPEAR  IN  COURT,  THE  JUDGE  SHALL ADVISE THEM BEFORE
 PROCEEDING OF THE RIGHT TO BE REPRESENTED BY COUNSEL OF HIS OR  HER  OWN
 CHOOSING,  OF  THE  RIGHT TO HAVE AN ADJOURNMENT TO CONFER WITH COUNSEL,
 AND THE RIGHT TO OBTAIN COUNSEL FEES AND EXPENSES, PURSUANT  TO  SECTION
 TWO  HUNDRED  THIRTY-SEVEN  OF THIS ARTICLE. DURING SUCH HEARING, COMPE-
 TENT, MATERIAL AND RELEVANT EVIDENCE MAY BE  ADMITTED,  IN  ADDITION  TO
 EVIDENCE  THAT MAY INCLUDE OR CONSIST OF HEARSAY AND DOCUMENTS OR PHOTO-
 GRAPHS FOR WHICH A PROPER FOUNDATION CANNOT BE LAID. IF A  PARTY  WAIVES
 HIS OR HER RIGHT TO A HEARING UNDER THIS SECTION, THE COURT SHALL ADVISE
 SUCH  PARTY  AT THAT TIME THAT, NOTWITHSTANDING SUCH WAIVER, AN APPLICA-
 A. 5398--A                          3

 TION UNDER THIS SECTION MAY BE MADE AT ANY TIME DURING THE  PENDENCY  OF
 THE PROCEEDINGS.
   (II)  THE  OFFICE  FOR THE PREVENTION OF DOMESTIC VIOLENCE, IN COORDI-
 NATION WITH THE OFFICE OF COURT ADMINISTRATION AND IN CONSULTATION  WITH
 THE  NEW  YORK  STATE  COALITION AGAINST DOMESTIC VIOLENCE, THE NEW YORK
 STATE COALITION AGAINST SEXUAL ASSAULT, PREVENT CHILD  ABUSE  NEW  YORK,
 VICTIMS OF DOMESTIC VIOLENCE, SEXUAL ASSAULT, CHILD ABUSE OR CHILD SEXU-
 AL ABUSE, CIVIL ATTORNEYS REPRESENTING SUCH VICTIMS IN CUSTODY AND VISI-
 TATION  PROCEEDINGS,  AND  RESEARCHERS  AND  ACADEMICS WITH EXPERTISE IN
 DEVELOPING RISK ASSESSMENT TOOLS SHALL DEVELOP A  RISK  ASSESSMENT  TOOL
 FOR  USE BY THE COURT WHEN ASSESSING SIGNIFICANT RISK TO CHILD'S LIFE OR
 SAFETY FOR THE PURPOSES OF ISSUING A TEMPORARY  EMERGENCY  ORDER.  THESE
 ENTITIES  WILL  REVIEW AND, WHEN APPROPRIATE, UPDATE THE RISK ASSESSMENT
 TOOL AT LEAST ONCE EVERY TWO YEARS.
   (III) IF THE COURT DETERMINES THAT LIMITATIONS OR  RESTRICTIONS  OF  A
 PARTY'S  CUSTODY,  VISITATION OR CONTACT WITH THE CHILD ARE NECESSARY TO
 AVOID SIGNIFICANT RISK TO THE CHILD'S LIFE OR SAFETY,  THE  COURT  SHALL
 ISSUE  A  TEMPORARY EMERGENCY ORDER FOR CUSTODY OR VISITATION STATING AS
 SUCH. SUCH ORDER SHALL SET FORTH CONDITIONS  OF  CUSTODY  OR  VISITATION
 WHICH  MAY BE REVISED BY THE COURT UPON APPLICATION BY EITHER PARTY ONLY
 FOR GOOD CAUSE SHOWN. ANY ORDER OF THE COURT UNDER  THIS  SECTION  SHALL
 TERMINATE WHEN THE COURT MAKES A FINAL ORDER OF CUSTODY OR OF VISITATION
 CONCERNING THE CHILD OR CHILDREN, UNLESS THE SUPREME COURT CONTINUES THE
 ORDER TO FAMILY COURT.
   (IV)  THERE SHALL BE A REBUTTABLE PRESUMPTION THAT THE COURT SHALL NOT
 AWARD, IN A TEMPORARY EMERGENCY ORDER FOR CUSTODY OR VISITATION, SOLE OR
 JOINT CUSTODY OR UNSUPERVISED VISITATION TO A PARTY WHO  JEOPARDIZES  OR
 MAY JEOPARDIZE THE LIFE OR SAFETY OF THE CHILD.
   (V) THE COURT SHALL STATE ON THE RECORD, AND IN WRITING, ITS FINDINGS,
 THE FACTORS CONSIDERED IN RENDERING ITS DECISION AND THE REASONS FOR THE
 LIMITATIONS  OR  RESTRICTIONS PLACED ON A PARTY'S CUSTODY, VISITATION OR
 CONTACT WITH SUCH CHILD.
   (VI) ALL COSTS, INCLUDING ATTORNEY AND EXPERT  FEES  INCURRED  BY  THE
 NON-OFFENDING  PARTY  AND  THE  CHILD, TO PREPARE FOR AND PARTICIPATE IN
 SUCH HEARING SHALL BE PAID BY THE PARTY WHO IS FOUND TO  HAVE  COMMITTED
 CHILD  ABUSE OR DOMESTIC VIOLENCE, UNLESS THE OFFENDING PARTY HAS INSUF-
 FICIENT MEANS TO FUND SUCH EXPENSES.
   (VII) IF A PARTY MAKES A GOOD FAITH ALLEGATION BASED ON  A  REASONABLE
 BELIEF  SUPPORTED  BY  FACTS  THAT A CHILD IS THE VICTIM OF CHILD ABUSE,
 CHILD NEGLECT, OR HAS BEEN EXPOSED TO DOMESTIC  VIOLENCE,  AND  IF  THAT
 PARTY  ACTS  LAWFULLY  AND  IN GOOD FAITH IN RESPONSE TO THAT REASONABLE
 BELIEF TO PROTECT THE CHILD, SEEK TREATMENT FOR THE CHILD OR TO  PROTECT
 SELF,  THEN  THAT  PARTY SHALL NOT BE DEPRIVED OF CUSTODY, VISITATION OR
 CONTACT WITH THE CHILD, OR RESTRICTED IN CUSTODY, VISITATION OR CONTACT,
 BASED SOLELY ON THAT BELIEF OR THE REASONABLE  ACTIONS  TAKEN  BASED  ON
 THAT BELIEF.
   (VIII)  IF  THE  COURT  DOES  NOT  MAKE  A FINDING THAT LIMITATIONS OR
 RESTRICTIONS ON A PARTY'S CUSTODY OR  VISITATION  WITH  SUCH  CHILD  ARE
 NECESSARY  TO  AVOID SIGNIFICANT RISK TO THE CHILD'S LIFE OR SAFETY, THE
 COURT SHALL HOLD AN ADDITIONAL HEARING WHENEVER A PARTY ALLEGES  THAT  A
 TEMPORARY  ORDER MAY BE NECESSARY TO PROMOTE AND PROTECT THE BEST INTER-
 EST OF THE CHILD PENDING ENTRY OF A FINAL ORDER.
   (IX) WITH THE EXCEPTION OF HEARSAY OR  OTHER  NON-COMPETENT  EVIDENCE,
 THE  COURT  MAY NOT REFUSE TO CONSIDER, AT FURTHER PROCEEDINGS, EVIDENCE
 PRESENTED DURING A HEARING FOR A TEMPORARY EMERGENCY ORDER OR ADDITIONAL
 EVIDENCE OF DOMESTIC  VIOLENCE  OR  CHILD  ABUSE  PRESENTED  IN  FURTHER
 A. 5398--A                          4
 
 PROCEEDINGS.  THE PRESENTATION OF ANY FACTS OR EVIDENCE AT A HEARING FOR
 A TEMPORARY EMERGENCY ORDER SHALL NOT PRECLUDE THE PRESENTATION  OF  ANY
 FACTS OR EVIDENCE.
   (X)  NOTHING CONTAINED IN THIS SUBPARAGRAPH SHALL BE DEEMED IN ANY WAY
 TO LIMIT, RESTRICT, EXPAND OR IMPAIR THE RIGHTS OF ANY PARTY TO FILE FOR
 A MODIFICATION OF A TEMPORARY EMERGENCY ORDER AS IS  OTHERWISE  PROVIDED
 BY LAW.
   (XI)  ANY PARTY TO A PROCEEDING FOR A TEMPORARY EMERGENCY ORDER PURSU-
 ANT TO THIS SECTION SHALL HAVE A RIGHT  TO  APPEAL  TO  THE  APPROPRIATE
 APPELLATE  DIVISION.  AN  APPEAL UNDER THIS SUBDIVISION MUST BE TAKEN NO
 LATER THAN FIVE DAYS AFTER THE SERVICE BY A PARTY OR THE CHILD'S  ATTOR-
 NEY  UPON  THE  APPELLANT OF ANY ORDER FROM WHICH THE APPEAL IS TAKEN OR
 FIVE DAYS FROM RECEIPT OF THE ORDER BY THE APPELLANT IN COURT, WHICHEVER
 IS EARLIEST.
   (XII) Notwithstanding any other provision of the law,  upon  emergency
 situations,  including computer malfunctions, to serve the best interest
 of the child, the court may issue a temporary emergency order for custo-
 dy or visitation in the event that it is not possible to  timely  review
 decisions and reports on registries as required pursuant to subparagraph
 three of this paragraph.
   §  3.  The  domestic  relations law is amended by adding a new section
 240-e to read as follows:
   § 240-E. CUSTODY AND VISITATION; LIFE AND SAFETY OF THE CHILD. 1.  FOR
 THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
 ING MEANINGS:
   (A)  "PARENTAL  ALIENATION"  MEANS  CLAIMS  THAT  A  CHILD  HAS BECOME
 ESTRANGED FROM A PARENT OR LEGAL GUARDIAN AS A RESULT  OF  PSYCHOLOGICAL
 MANIPULATION BY THE OTHER PARENT OR LEGAL GUARDIAN.
   (B)  "VICTIM  OF  DOMESTIC  VIOLENCE"  SHALL  HAVE THE SAME MEANING AS
 DEFINED IN SECTION FOUR HUNDRED FIFTY-NINE-A OF THE SOCIAL SERVICES LAW.
   (C) "FRIENDLY PARENT" MEANS THE PROPENSITY OF A PARENT OR LEGAL GUARD-
 IAN TO ACTIVELY SUPPORT A CHILD'S  CONTACT  AND  RELATIONSHIP  WITH  THE
 OTHER  PARENT  OR LEGAL GUARDIAN, OR THE ABILITY OF SUCH PARENT OR LEGAL
 GUARDIAN TO  COOPERATE  IN,  AND  RESOLVE  DISPUTES,  REGARDING  MATTERS
 AFFECTING SUCH CHILD.
   2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A COURT
 MAKING  A FINAL DETERMINATION OF CUSTODY OR VISITATION BASED ON THE BEST
 INTERESTS OF A CHILD PURSUANT TO THE PROVISIONS OF  THIS  CHAPTER  SHALL
 PRIORITIZE  AND  PROMOTE  THE  LIFE AND SAFETY OF SUCH CHILD WHEN MAKING
 SUCH DETERMINATIONS. PROMOTING THE LIFE AND  SAFETY  OF  A  CHILD  SHALL
 INCLUDE PREVENTING DIRECT PHYSICAL AND/OR EMOTIONAL HARM TO SUCH CHILD.
   3.  PRIOR  TO  THE ISSUANCE OF A FINAL ORDER OF CUSTODY OR VISITATION,
 DURING ITS ASSESSMENT OF THE BEST INTERESTS  OF  THE  CHILD,  THE  COURT
 SHALL  DETERMINE  THE LIFE AND SAFETY OF THE CHILD WHO IS THE SUBJECT OF
 SUCH ORDER BY CONSIDERING ALL RELEVANT FACTORS AND  BY  GIVING  WEIGHTED
 CONSIDERATION  TO THOSE FACTORS WHICH AFFECT THE LIFE AND SAFETY OF SUCH
 CHILD, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (A) WHETHER EITHER PARTY IS MORE LIKELY TO ENSURE THE LIFE AND  SAFETY
 OF  THE CHILD AND WHETHER EITHER PARTY JEOPARDIZES THE LIFE OR SAFETY OF
 THE CHILD. THERE SHALL BE A REBUTTABLE PRESUMPTION THAT CUSTODY OR VISI-
 TATION SHALL NOT BE AWARDED TO A PARTY WHO JEOPARDIZES THE LIFE OR SAFE-
 TY OF THE CHILD;
   (B) THE IMPACT OF DISRUPTING CONTINUITY IN THE CHILD'S HOME,  ENVIRON-
 MENT AND ESTABLISHED PARENTING CONTACTS;
   (C)  ANY ALLEGATIONS OF DOMESTIC VIOLENCE, CHILD ABUSE OR CHILD SEXUAL
 ABUSE, OR INCIDENTS INVOLVING HARM, OR RISK OF HARM, TO A CHILD;
 A. 5398--A                          5
 
   (D) PRIOR POLICE REPORTS OR DOMESTIC VIOLENCE INCIDENT  REPORTS  DOCU-
 MENTING INCIDENTS INVOLVING CHILD ABUSE OR DOMESTIC VIOLENCE, OR WHETHER
 EITHER  PARTY HAS BEEN CHARGED WITH AN ACT WHICH WOULD CONSTITUTE DISOR-
 DERLY CONDUCT, UNLAWFUL DISSEMINATION  OR  PUBLICATION  OF  AN  INTIMATE
 IMAGE,  HARASSMENT IN THE FIRST DEGREE, HARASSMENT IN THE SECOND DEGREE,
 AGGRAVATED HARASSMENT IN THE SECOND DEGREE, SEXUAL MISCONDUCT,  FORCIBLE
 TOUCHING,  SEXUAL  ABUSE IN THE THIRD DEGREE, SEXUAL ABUSE IN THE SECOND
 DEGREE AS SET FORTH IN SUBDIVISION ONE OF SECTION 130.60  OF  THE  PENAL
 LAW, STALKING IN THE FIRST DEGREE, STALKING IN THE SECOND DEGREE, STALK-
 ING  IN  THE  THIRD  DEGREE,  STALKING  IN  THE  FOURTH DEGREE, CRIMINAL
 MISCHIEF, MENACING IN THE SECOND DEGREE, MENACING IN THE  THIRD  DEGREE,
 RECKLESS ENDANGERMENT, CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD CIRCU-
 LATION,  STRANGULATION  IN THE SECOND DEGREE, STRANGULATION IN THE FIRST
 DEGREE, ASSAULT IN THE SECOND DEGREE, ASSAULT IN THE  THIRD  DEGREE,  AN
 ATTEMPTED ASSAULT, IDENTITY THEFT IN THE FIRST DEGREE, IDENTITY THEFT IN
 THE  SECOND DEGREE, IDENTITY THEFT IN THE THIRD DEGREE, GRAND LARCENY IN
 THE FOURTH DEGREE, GRAND LARCENY IN THE THIRD DEGREE,  COERCION  IN  THE
 SECOND  DEGREE  OR COERCION IN THE THIRD DEGREE AS SET FORTH IN SUBDIVI-
 SIONS ONE, TWO AND THREE OF SECTION 135.60  OF  THE  PENAL  LAW  BETWEEN
 SPOUSES  OR  FORMER  SPOUSES,  OR  BETWEEN  PARENT  AND CHILD OR BETWEEN
 MEMBERS OF THE SAME FAMILY OR HOUSEHOLD, REGARDLESS OF THE DISPOSITION;
   (E) WHETHER EITHER PARTY OWNS, POSSESSES OR HAS ACCESS TO  A  FIREARM,
 RIFLE OR SHOTGUN;
   (F)  WHETHER  EITHER PARTY IS BETTER ABLE AND MORE LIKELY TO ATTEND TO
 THE DAILY PHYSICAL, EMOTIONAL, DEVELOPMENTAL,  EDUCATIONAL  AND  SPECIAL
 NEEDS OF THE CHILD; AND
   (G) ANY PREVIOUSLY MADE STATEMENTS BY THE CHILD ABOUT A PARTY INDICAT-
 ING  THEY  ARE  FEARFUL  OF OR RESISTANT TO HAVING CONTACT OR VISITATION
 WITH SUCH PARTY.
   4. (A) THE COURT SHALL NOT PRESUME THAT A CHILD'S DEFICIENT  OR  NEGA-
 TIVE  RELATIONSHIP WITH A PARTY WAS CAUSED BY THE OTHER PARTY, NOR SHALL
 A PARTY BE GIVEN CUSTODY  FOR  THE  PURPOSE  OF  IMPROVING  A  DEFICIENT
 RELATIONSHIP  BETWEEN THE CHILD AND SUCH PARTY OR IN AN ATTEMPT TO REME-
 DIATE A CHILD'S RESISTANCE TO CONTACT OR VISITATION WITH A PARTY.
   (B) ALLEGATIONS REGARDING PARENTAL ALIENATION SHALL NOT BE  ADMISSIBLE
 IN  ANY PROCEEDING FOR CUSTODY OR VISITATION AND SHALL NOT BE CONSIDERED
 IN ASSESSING A CHILD'S BEST INTERESTS.
   (C) NO PSYCHOLOGICAL OR  MEDICAL  THEORIES  OR  LABELS  RELATED  TO  A
 CHILD'S  RESISTANCE  TO  CONTACT  WITH  A  PARTY  SHALL BE ADMITTED INTO
 EVIDENCE UNLESS THEY ARE BASED ON EMPIRICAL PROOF  OF  SCIENTIFIC  RELI-
 ABILITY  AND  VALIDITY  AND  GENERALLY  ACCEPTED  BY  THE SCIENTIFIC AND
 PROFESSIONAL COMMUNITY.
   (D) NO REUNIFICATION TREATMENT OR  ANY  SIMILAR  PROGRAM  DESIGNED  TO
 REPAIR  A  PARTY'S  RELATIONSHIP WITH A CHILD DUE TO PARENTAL ALIENATION
 SHALL BE ORDERED BY THE COURT WITHOUT SCIENTIFICALLY VALID AND GENERALLY
 ACCEPTED PROOF OF THE EFFECTIVENESS AND THERAPEUTIC VALUE OF SUCH TREAT-
 MENT OR PROGRAM; NOR SHALL A TREATMENT OR PROGRAM BE  ORDERED  WHICH  IS
 PREDICATED ON SEPARATING A CHILD FROM THEIR PRIMARY CAREGIVER.
   (E)  IN CASES INVOLVING DOMESTIC VIOLENCE OR CHILD ABUSE, WHETHER SUCH
 ABUSE HAS OCCURRED OR IS OCCURRING, A COURT SHALL NOT  CONSIDER  WHETHER
 EITHER PARENT IS A FRIENDLY PARENT.
   5.  IN  CASES  WHERE  THE  COURT  HAS FOUND A PARENT TO BE A VICTIM OF
 DOMESTIC VIOLENCE AND/OR WHERE CHILD ABUSE HAS OCCURRED OR IS OCCURRING:
   (A) THE COURT SHALL AWARD JOINT LEGAL CUSTODY ONLY ON CONSENT  OF  THE
 PARTIES OR WHERE IT HAS BEEN DETERMINED THAT THE PARTIES CAN EFFECTIVELY
 COMMUNICATE,  COOPERATE  WITH  EACH  OTHER,  AND  MAKE  JOINT  DECISIONS
 A. 5398--A                          6
 
 CONCERNING THE CHILD; PROVIDED, HOWEVER, THAT WHERE FINAL ORDERS ARE  ON
 THE  CONSENT  OF  THE PARTIES, IN NO EVENT SHALL AN ORDER OF JOINT LEGAL
 CUSTODY BE AWARDED WHEN THERE IS AN EXISTING OR  PRIOR  FULL  STAY  AWAY
 ORDER  OF  PROTECTION  AGAINST A PARTY ON BEHALF OF ANOTHER PARTY TO THE
 PROCEEDING OR WHEN THERE IS AN EXISTING TEMPORARY  ORDER  OF  PROTECTION
 ENTERED EX PARTE; AND
   (B)  ALL  COSTS,  INCLUDING  ATTORNEY AND EXPERT FEES, INCURRED BY THE
 NON-OFFENDING PARENT AND THE CHILD, SHALL BE PAID BY THE PARENT  WHO  IS
 FOUND  TO  HAVE  COMMITTED  CHILD ABUSE OR DOMESTIC VIOLENCE, UNLESS THE
 OFFENDING PARENT HAS INSUFFICIENT MEANS TO PAY SUCH COSTS.
   6. (A) BEFORE JUDGES, REFEREES, OR OTHER HEARING OFFICERS PRESIDE OVER
 CHILD CUSTODY PROCEEDINGS IN WHICH ONE  OR  MORE  PARTIES  HAVE  ALLEGED
 DOMESTIC  VIOLENCE  OR  CHILD ABUSE, THEY SHALL COMPLETE AT LEAST TWENTY
 HOURS OF INITIAL TRAINING FOR THE HANDLING OF SUCH CASES. THE OFFICE FOR
 PREVENTION OF DOMESTIC VIOLENCE SHALL, WITHIN AMOUNTS  APPROPRIATED  FOR
 SUCH  PURPOSE,  CONTRACT  EXCLUSIVELY  WITH THE NEW YORK STATE COALITION
 AGAINST DOMESTIC VIOLENCE, AND OTHER NONPROFIT  ENTITIES  WITH  WHOM  IT
 SUBCONTRACTS  WITH EXPERTISE IN CHILD ABUSE OR GENDER-BASED VIOLENCE, TO
 DEVELOP SUCH TRAINING. SUCH ENTITY, OR ENTITIES  IN  PARTNERSHIP,  SHALL
 REVIEW  AND  UPDATE  THE  TRAINING  AT  LEAST ONCE EVERY TWO YEARS.   IN
 CONSULTATION WITH THE OFFICE OF COURT ADMINISTRATION, SUCH ENTITIES,  OR
 ENTITIES  IN PARTNERSHIP, SHALL BE RESPONSIBLE FOR PROVIDING SUCH TRAIN-
 ING TO JUDGES, REFEREES,  AND  OTHER  HEARING  OFFICERS  HANDLING  CHILD
 CUSTODY  PROCEEDINGS.    SUCH TRAINING SHALL INCLUDE, BUT NOT BE LIMITED
 TO:
   (1) A REVIEW OF RELEVANT STATUTES AND CASE LAW PERTAINING TO  DOMESTIC
 VIOLENCE AND CHILD ABUSE;
   (2)  THE  DYNAMICS  AND  EFFECTS OF DOMESTIC VIOLENCE AND CHILD ABUSE,
 INCLUDING BUT NOT LIMITED TO, EMOTIONAL, FINANCIAL, PHYSICAL, TECHNOLOG-
 ICAL AND SEXUAL ABUSE, AND AN UNDERSTANDING OF THE  BARRIERS  AND  FEARS
 ASSOCIATED  WITH  REPORTING  DOMESTIC  VIOLENCE  AND CHILD ABUSE AND WHY
 VICTIMS MAY NOT HAVE DOCUMENTED EVIDENCE OF ABUSE;
   (3) TACTICS COMMONLY USED BY ONE PARTY TO INDUCE FEAR IN, OR  DOMINATE
 OR  CONTROL  A PARTNER OR CHILD, INCLUDING VERBAL, EMOTIONAL, PSYCHOLOG-
 ICAL, AND/OR ECONOMIC ABUSE; ISOLATION; EFFORTS TO BUILD  TRUST  AND  AN
 EMOTIONAL  CONNECTION  WITH  A  CHILD  TO  SUPPORT  FUTURE MANIPULATION;
 EXPLOITATION;  ABUSE;  THREATS;  CONTROLLING  AND  HARASSING  BEHAVIORS,
 INCLUDING  MONITORING  OF  A  PARTNER'S  LOCATION AND ACTIVITIES; USE OF
 OPPRESSIVE BEHAVIOR DESIGNED TO DEPRIVE A PARTNER OF  THEIR  RIGHTS  AND
 LIBERTIES  AND  ESTABLISHING  A  REGIME  OF  DOMINATION IN THE PARTNER'S
 PERSONAL LIFE; LITIGATION ABUSE; AND DEMANDS FOR  CUSTODY  IN  ORDER  TO
 PRESSURE THE PARTNER TO RETURN OR PUNISH THE PARTNER FOR LEAVING;
   (4)  KNOWLEDGE  OF  TRAUMA, PARTICULARLY AS IT RELATES TO SEXUAL ABUSE
 AND THE RISKS POSED TO CHILDREN AND THE LONG-TERM  DANGERS  AND  IMPACTS
 POSED BY THE PRESENCE OF ADVERSE CHILDHOOD EXPERIENCES;
   (5) THE INCREASED RISK OF ESCALATING VIOLENCE THAT OCCURS DURING CHILD
 CUSTODY  PROCEEDINGS  AND  METHODS FOR ASSESSING A CHILD'S SAFETY DURING
 CUSTODY AND VISITATION  PROCEEDINGS,  PARTICULARLY  IN  CASES  INVOLVING
 DOMESTIC VIOLENCE OR CHILD ABUSE;
   (6)  THE  ASSESSMENT  OF  LEGALITY  OR  SIGNS  OF LETHAL VIOLENCE, AND
 INSTRUCTION ON THE USE OF A RISK ASSESSMENT TOOL TO  ASSESS  RISK  TO  A
 CHILD'S  LIFE OR SAFETY FOR THE PURPOSE OF ISSUING A TEMPORARY EMERGENCY
 ORDER;
   (7) EDUCATION REGARDING THE HARM COURTS MAY CAUSE  CHILDREN  IN  CHILD
 CUSTODY CASES WHERE DOMESTIC VIOLENCE OR CHILD ABUSE IS PRESENT BY RELY-
 ING  ON  NON-SCIENTIFIC  THEORIES  SUCH AS PARENTAL ALIENATION, PARENTAL
 A. 5398--A                          7

 ALIENATION SYNDROME, THE FRIENDLY PARENT CONCEPT, OR ANY OTHER THEORY OR
 LABEL THAT IS NOT SUPPORTED BY SCIENTIFIC  RESEARCH  AND  NOT  GENERALLY
 ACCEPTED BY THE SCIENTIFIC COMMUNITY;
   (8) THE INVESTIGATION PROCESS ONCE A LAW ENFORCEMENT AGENCY OR A LOCAL
 DEPARTMENT  OF  SOCIAL SERVICES HAS RECEIVED A REPORT OF SUSPECTED CHILD
 ABUSE, INCLUDING THE LIMITATIONS OF INVESTIGATING REPORTS  OF  SUSPECTED
 CHILD ABUSE; AND
   (9)  APPROPRIATE EXPERIENCE AND QUALIFICATIONS OF CHILD CUSTODY EVALU-
 ATORS AND MENTAL HEALTH TREATMENT PROVIDERS.
   (B) ONCE INITIAL TRAINING REQUIREMENTS HAVE BEEN MET,  JUDGES,  REFER-
 EES, AND OTHER HEARING OFFICERS PRESIDING OVER CHILD CUSTODY PROCEEDINGS
 IN  WHICH  ONE  OR  MORE PARTIES HAVE ALLEGED DOMESTIC VIOLENCE OR CHILD
 SEXUAL ABUSE SHALL COMPLETE AT LEAST TEN HOURS  OF  TRAINING  EVERY  TWO
 YEARS IN ORDER TO REMAIN ELIGIBLE TO HANDLE SUCH PROCEEDINGS.
   §  4.  Subdivision (a) of section 70 of the domestic relations law, as
 amended by chapter 457 of the laws  of  1988,  is  amended  to  read  as
 follows:
   (a)  (I)  Where  a  minor  child is residing within this state, either
 parent may apply to the supreme court for a writ  of  habeas  corpus  to
 have such minor child brought before such court; and on the return ther-
 eof,  the  court,  on due consideration, may award the natural guardian-
 ship, charge and custody of such child to either parent for  such  time,
 under  such  regulations  and restrictions, and with such provisions and
 directions, as the case may require, and  may  at  any  time  thereafter
 vacate  or modify such order. In all cases there shall be no prima facie
 right to the custody of the child in either parent, but the court  shall
 determine  solely  what  is for the best interest of the child, and what
 will best promote its welfare and happiness, and make award accordingly.
 WHERE EITHER PARTY TO AN ACTION CONCERNING CUSTODY  OF  OR  A  RIGHT  TO
 VISITATION  WITH  A  CHILD ALLEGES THAT THE OTHER PARTY HAS COMMITTED AN
 ACT OF CHILD ABUSE AGAINST SUCH CHILD, OR COMMITTED AN ACT  OF  DOMESTIC
 VIOLENCE  AGAINST  THE PARTY MAKING THE ALLEGATION OR A FAMILY OR HOUSE-
 HOLD MEMBER OF EITHER PARTY, AS SUCH FAMILY OR HOUSEHOLD IS  DEFINED  IN
 ARTICLE  EIGHT  OF  THE  FAMILY  COURT ACT, THE COURT MUST FIRST, BEFORE
 CONSIDERING ANY OTHER BEST INTEREST FACTORS, HOLD A HEARING TO DETERMINE
 WHETHER TEMPORARY LIMITATIONS OR CONDITIONS ON THE CUSTODY OR VISITATION
 RIGHTS OF THE PARTY WHO IS ALLEGED TO HAVE COMMITTED  AN  ACT  OF  CHILD
 ABUSE  AGAINST  THE  CHILD,  OR  COMMITTED  AN  ACT OF DOMESTIC VIOLENCE
 AGAINST THE PARTY MAKING THE ALLEGATION OR A FAMILY OR HOUSEHOLD  MEMBER
 OF  EITHER  PARTY  IS NECESSARY TO AVOID SIGNIFICANT RISK TO THE CHILD'S
 LIFE OR SAFETY, AS DESCRIBED PURSUANT TO SUBDIVISION FIVE OF SECTION TWO
 HUNDRED FORTY OF THIS CHAPTER.
   (II) NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  A
 COURT  MAKING  A  DETERMINATION  THAT  LIMITATIONS  OR RESTRICTIONS OF A
 PARTY'S CUSTODY, VISITATION OR CONTACT WITH THE CHILD ARE  NECESSARY  TO
 AVOID  SIGNIFICANT  RISK  TO  THE  CHILD'S  LIFE OR SAFETY SHALL ISSUE A
 TEMPORARY EMERGENCY ORDER FOR CUSTODY OR VISITATION STATING AS SUCH.
   (III) NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW  TO  THE  CONTRARY,
 PRIOR TO THE ISSUANCE OF A TEMPORARY EMERGENCY ORDER OF CUSTODY OR VISI-
 TATION,  THE  COURT SHALL CONDUCT AN ASSESSMENT OF THE BEST INTERESTS OF
 THE CHILD TO IDENTIFY SIGNIFICANT RISK TO THE  LIFE  OR  SAFETY  OF  THE
 CHILD  WHO  IS  THE  SUBJECT  OF  SUCH  ORDER BY CONSIDERING THE FACTORS
 DESCRIBED IN SECTION TWO HUNDRED FORTY OF THIS CHAPTER.
   (IV) NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  A
 COURT MAKING A FINAL DETERMINATION OF CUSTODY OR VISITATION BASED ON THE
 BEST  INTERESTS  OF  A  CHILD PURSUANT TO THE PROVISIONS OF THIS CHAPTER
 A. 5398--A                          8
 
 SHALL PRIORITIZE AND PROMOTE THE LIFE AND  SAFETY  OF  SUCH  CHILD  WHEN
 MAKING  SUCH  DETERMINATIONS.  PROMOTING  THE  SAFETY  OF  A CHILD SHALL
 INCLUDE PREVENTING DIRECT PHYSICAL AND/OR EMOTIONAL HARM TO SUCH  CHILD.
 PRIOR  TO THE ISSUANCE OF A FINAL ORDER OF CUSTODY OR VISITATION, DURING
 ITS ASSESSMENT OF THE BEST INTERESTS  OF  THE  CHILD,  THE  COURT  SHALL
 DETERMINE  THE  SAFETY  OF THE CHILD WHO IS THE SUBJECT OF SUCH ORDER BY
 CONSIDERING ALL RELEVANT FACTORS AND BY GIVING WEIGHTED CONSIDERATION TO
 THOSE FACTORS WHICH AFFECT THE LIFE AND SAFETY OF SUCH  CHILD,  PURSUANT
 TO SUBDIVISION THREE OF SECTION TWO HUNDRED FORTY-D OF THIS CHAPTER.
   (V)  IN  MAKING  A DECISION PURSUANT TO PARAGRAPH (I) OF THIS SUBDIVI-
 SION, THE COURT SHALL BE BOUND BY  THE  PRESUMPTIONS  AND  ADMISSIBILITY
 DESCRIBED  PURSUANT  TO  SECTION  TWO  HUNDRED  FORTY-D OF THIS CHAPTER.
 FURTHER, THE COURT SHALL NOT  TAKE  INTO  CONSIDERATION  WHETHER  EITHER
 PARTY  IS  MARRIED, WAS FORMERLY MARRIED OR HAS EVER BEEN MARRIED TO THE
 OTHER PARTY OR ANYONE ELSE.
   (VI) IN CASES WHERE THE COURT HAS FOUND A PARTY  TO  BE  A  VICTIM  OF
 DOMESTIC VIOLENCE AND/OR WHERE CHILD ABUSE HAS OCCURRED OR IS OCCURRING,
 THE COURT SHALL AWARD JOINT LEGAL CUSTODY ONLY ON CONSENT OF THE PARTIES
 OR  WHERE IT HAS BEEN DETERMINED THAT THE PARTIES CAN EFFECTIVELY COMMU-
 NICATE, COOPERATE WITH EACH OTHER, AND MAKE JOINT  DECISIONS  CONCERNING
 THE CHILD; PROVIDED, HOWEVER, THAT WHERE FINAL ORDERS ARE ON THE CONSENT
 OF  THE  PARTIES,  IN  NO EVENT SHALL AN ORDER OF JOINT LEGAL CUSTODY BE
 AWARDED WHEN THERE IS AN EXISTING OR  PRIOR  FULL  STAY  AWAY  ORDER  OF
 PROTECTION  AGAINST A PARTY ON BEHALF OF ANOTHER PARTY TO THE PROCEEDING
 OR WHEN THERE IS AN EXISTING TEMPORARY ORDER OF  PROTECTION  ENTERED  EX
 PARTE AND ALL COSTS, INCLUDING ATTORNEY AND EXPERT FEES, INCURRED BY THE
 NON-OFFENDING  PARENT  AND THE CHILD, SHALL BE PAID BY THE PARENT WHO IS
 FOUND TO HAVE COMMITTED CHILD ABUSE OR  DOMESTIC  VIOLENCE,  UNLESS  THE
 OFFENDING PARENT HAS INSUFFICIENT MEANS TO PAY SUCH COSTS.
   (VII)  BEFORE JUDGES, REFEREES AND OTHER HEARING OFFICERS PRESIDE OVER
 CHILD CUSTODY PROCEEDINGS IN WHICH ONE  OR  MORE  PARTIES  HAVE  ALLEGED
 DOMESTIC  VIOLENCE  OR CHILD ABUSE, THEY SHALL COMPLETE INITIAL TRAINING
 FOR THE HANDLING OF SUCH CASES AS  DESCRIBED  PURSUANT  TO  SECTION  TWO
 HUNDRED FORTY-D OF THIS CHAPTER. ONCE INITIAL TRAINING REQUIREMENTS HAVE
 BEEN  MET,  JUDGES,  REFEREES  AND OTHER HEARING OFFICERS SHALL COMPLETE
 ADDITIONAL TRAINING EVERY TWO YEARS AS DESCRIBED PURSUANT TO SECTION TWO
 HUNDRED FORTY-D OF THIS CHAPTER.
   § 5. The family court act is amended by adding a new  section  654  to
 read as follows:
   §  654. TEMPORARY ORDER OF CUSTODY OR OF VISITATION. (A) NOTWITHSTAND-
 ING ANY OTHER PROVISION OF THE LAW, UPON THE APPLICATION OF EITHER PARTY
 TO AN ACTION CONCERNING CUSTODY OF OR A RIGHT TO VISITATION WITH A CHILD
 WHO ALLEGES THAT THE OTHER PARTY HAS COMMITTED AN  ACT  OF  CHILD  ABUSE
 AGAINST SUCH CHILD, OR COMMITTED AN ACT OF DOMESTIC VIOLENCE AGAINST THE
 PARTY  MAKING  THE  ALLEGATION OR A FAMILY OR HOUSEHOLD MEMBER OF EITHER
 PARTY, AS SUCH FAMILY OR HOUSEHOLD MEMBER IS DEFINED IN ARTICLE EIGHT OF
 THE FAMILY COURT ACT, THE COURT SHALL HOLD A HEARING TO DETERMINE WHETH-
 ER TEMPORARY LIMITATIONS OR CONDITIONS  ON  THE  CUSTODY  OR  VISITATION
 RIGHTS  OF  THE  PARTY  WHO IS ALLEGED TO HAVE COMMITTED AN ACT OF CHILD
 ABUSE AGAINST THE CHILD,  OR  COMMITTED  AN  ACT  OF  DOMESTIC  VIOLENCE
 AGAINST  THE PARTY MAKING THE ALLEGATION OR A FAMILY OR HOUSEHOLD MEMBER
 OF EITHER PARTY IS NECESSARY TO AVOID SIGNIFICANT RISK  TO  THE  CHILD'S
 LIFE  OR SAFETY, IN ACCORDANCE WITH SUBPARAGRAPH FIVE OF PARAGRAPH (A-1)
 OF SUBDIVISION  ONE  OF  SECTION  TWO  HUNDRED  FORTY  OF  THE  DOMESTIC
 RELATIONS  LAW. IF THE COURT DETERMINES THAT LIMITATIONS OR RESTRICTIONS
 OF A PARTY'S CUSTODY, VISITATION OR CONTACT WITH THE CHILD ARE NECESSARY
 A. 5398--A                          9
 
 TO AVOID SIGNIFICANT RISK TO THE CHILD'S LIFE OR SAFETY, THE COURT SHALL
 ISSUE A TEMPORARY EMERGENCY ORDER FOR CUSTODY OR VISITATION  STATING  AS
 SUCH,  IN ACCORDANCE WITH CLAUSE (III) OF SUBPARAGRAPH FIVE OF PARAGRAPH
 (A-1)  OF  SUBDIVISION  ONE OF SECTION TWO HUNDRED FORTY OF THE DOMESTIC
 RELATIONS LAW.
   (B) SUCH TEMPORARY ORDER OF CUSTODY OR OF VISITATION MAY BE  TAKEN  AS
 OF  RIGHT  TO  THE  APPELLATE DIVISION OF THE SUPREME COURT. PENDING THE
 DETERMINATION OF SUCH APPEAL, SUCH  ORDER  SHALL  BE  STAYED  WHERE  THE
 EFFECT  OF  SUCH  ORDER  WOULD  BE TO DISCHARGE THE CHILD, IF THE FAMILY
 COURT OR THE COURT BEFORE WHICH SUCH APPEAL IS PENDING FINDS THAT SUCH A
 STAY IS NECESSARY TO AVOID SIGNIFICANT RISK TO THE CHILD'S LIFE OR SAFE-
 TY. A PREFERENCE IN ACCORDANCE WITH  RULE  FIVE  THOUSAND  FIVE  HUNDRED
 TWENTY-ONE  OF THE CIVIL PRACTICE LAW AND RULES SHALL BE AFFORDED, WITH-
 OUT THE NECESSITY OF A MOTION, FOR APPEALS UNDER  ARTICLE  THREE;  PARTS
 ONE  AND TWO OF ARTICLE SIX; ARTICLES SEVEN, TEN, AND TEN-A OF THIS ACT;
 AND SECTIONS THREE HUNDRED FIFTY-EIGHT-A, THREE HUNDRED  EIGHTY-THREE-C,
 THREE HUNDRED EIGHTY-FOUR, AND THREE HUNDRED EIGHTY-FOUR-B OF THE SOCIAL
 SERVICES  LAW.   AN APPEAL UNDER THIS SUBDIVISION MUST BE TAKEN NO LATER
 THAN FIVE DAYS AFTER THE SERVICE BY A PARTY OR THE CHILD'S ATTORNEY UPON
 THE APPELLANT OF ANY ORDER FROM WHICH THE APPEAL  IS  TAKEN,  FIVE  DAYS
 FROM RECEIPT OF THE ORDER BY THE APPELLANT IN COURT.
   § 6. Subdivision a of section 1112 of the family court act, as amended
 by  section 28 of part A of chapter 3 of the laws of 2005, is amended to
 read as follows:
   a. An appeal may be taken as of right from any  order  of  disposition
 and,  in  the discretion of the appropriate appellate division, from any
 other order under this act. An appeal  from  an  intermediate  or  final
 order  in  a  case  involving abuse or neglect, THE DECISION TO GRANT OR
 DENY A TEMPORARY EMERGENCY ORDER, AS DETERMINED PURSUANT TO SECTION  SIX
 HUNDRED FIFTY-FOUR OF THIS ACT, OR A TEMPORARY EMERGENCY ORDER ISSUED TO
 AVOID  SIGNIFICANT  RISK  TO  THE  CHILD'S LIFE OR SAFETY, AS DETERMINED
 PURSUANT TO SECTION SIX HUNDRED FIFTY-FOUR OF THIS ACT, may be taken  as
 of  right  to  the appellate division of the supreme court.  Pending the
 determination of such appeal, such  order  shall  be  stayed  where  the
 effect  of  such  order  would  be to discharge the child, if the family
 court or the court before which such appeal is pending finds that such a
 stay is necessary to avoid imminent risk to the child's life or  health.
 A  preference in accordance with rule five thousand five hundred twenty-
 one of the civil practice law and rules shall be afforded,  without  the
 necessity  of  a  motion, for appeals under article three; parts one and
 two of article six; articles seven, ten, and  ten-A  of  this  act;  and
 sections  three  hundred  fifty-eight-a,  three  hundred eighty-three-c,
 three hundred eighty-four, and three hundred eighty-four-b of the social
 services law.
   § 7. This act shall take effect on the ninetieth day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  on  or  before
 such effective date.