S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3346
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced  by  M. of A. HEVESI, SILLITTI, DICKENS, FAHY, CLARK, HUNTER,
   LAVINE,  SEAWRIGHT,  SIMON,  JACKSON,  RIVERA,  McDONOUGH,  MORINELLO,
   THIELE, BURDICK, K. BROWN, STIRPE, GONZALEZ-ROJAS, DURSO, OTIS, BRABE-
   NEC,  MANKTELOW, ANGELINO, COOK, GUNTHER, STERN, JEAN-PIERRE, DeSTEFA-
   NO, BLANKENBUSH, RA, FITZPATRICK,  PHEFFER AMATO,  ANDERSON,  MIKULIN,
   L. ROSENTHAL,   LUPARDO,  SIMPSON,  EPSTEIN,  KELLES,  SMITH,  JENSEN,
   BURGOS, JONES,  STECK,  ZINERMAN,  CRUZ,  AUBRY,  CUNNINGHAM,  HAWLEY,
   PAULIN,  BARRETT,  RAMOS,  GIBBS,  JACOBSON,  DINOWITZ, REYES, CONRAD,
   J. A. GIGLIO -- read once and referred to the Committee on Judiciary
 
 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
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06231-01-3
              

 A. 3346                             2
 
 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-
 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
 A. 3346                             3
 
 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
 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.
 A. 3346                             4
 
   (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;
   (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-
 A. 3346                             5
 
 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
 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
 A. 3346                             6
 
 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  LETHALITY  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
 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;
 A. 3346                             7
 
   (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
 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.
 A. 3346                             8
 
 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
 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. 3346                             9

 (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.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3346--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced  by  M. of A. HEVESI, SILLITTI, DICKENS, FAHY, CLARK, HUNTER,
   LAVINE,  SEAWRIGHT,  SIMON,  JACKSON,  RIVERA,  McDONOUGH,  MORINELLO,
   THIELE, BURDICK, K. BROWN, STIRPE, GONZALEZ-ROJAS, DURSO, OTIS, BRABE-
   NEC,  MANKTELOW, ANGELINO, COOK, GUNTHER, STERN, JEAN-PIERRE, DeSTEFA-
   NO, BLANKENBUSH, RA, FITZPATRICK,  PHEFFER AMATO,  ANDERSON,  MIKULIN,
   L. ROSENTHAL,   LUPARDO,  SIMPSON,  EPSTEIN,  KELLES,  SMITH,  JENSEN,
   BURGOS, JONES,  STECK,  ZINERMAN,  CRUZ,  AUBRY,  CUNNINGHAM,  HAWLEY,
   PAULIN,  BARRETT,  RAMOS,  GIBBS,  JACOBSON,  DINOWITZ, REYES, CONRAD,
   J. A. GIGLIO, MAHER, BLUMENCRANZ, BORES, GANDOLFO  --  read  once  and
   referred  to  the Committee on Judiciary -- 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 and may be cited as
 "Kyra's Law".
   § 2. Subdivision 1 of section 240 of the  domestic  relations  law  is
 amended by adding a new opening paragraph to read as follows:
   THE LEGISLATURE RECOGNIZES THAT THE SAFETY OF CHILDREN IS OF PARAMOUNT
 IMPORTANCE  AND  IS AN INTEGRAL ELEMENT OF THEIR BEST INTERESTS. TO THAT
 END, THE LEGISLATURE FINDS THAT JUDICIAL DECISIONS REGARDING CUSTODY OF,
 AND ACCESS TO, CHILDREN MUST ENSURE CHILDREN'S  SAFETY  AS  A  THRESHOLD
 ISSUE.
   §  3.  Paragraphs (a) and (a-1) of subdivision 1 of section 240 of the
 domestic relations law, paragraph (a) as amended by chapter 567  of  the
 laws  of 2015 and paragraph (a-1) as added by chapter 295 of the laws of
 2009, are amended to read as follows:
   (a) In any action or proceeding brought (1) to annul a marriage or  to
 declare  the nullity of a void marriage, or (2) for a separation, or (3)

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06231-02-3
              

 A. 3346--A                          2
 
 for a divorce, or (4) to obtain, by a writ of habeas corpus or by  peti-
 tion and order to show cause, the custody of or right to visitation with
 any  child  of  a  marriage, the court shall require verification of the
 status of any child of the marriage with respect to such child's custody
 and  support,  including  any  prior  orders, and shall enter orders for
 custody and support as, in the  court's  discretion,  justice  requires,
 having  regard  to  the  circumstances of the case and of the respective
 parties and to the best interests  of  the  child  and  subject  to  the
 provisions of subdivision one-c of this section.  WHEN THE PARTIES FIRST
 APPEAR IN COURT, THE COURT SHALL ADVISE THE PARTIES BEFORE PROCEEDING OF
 THE  RIGHT  TO  BE  REPRESENTED BY COUNSEL OF THEIR OWN CHOOSING, OF THE
 RIGHT TO HAVE AN ADJOURNMENT OF NO LONGER THAN FOURTEEN  COURT  DAYS  TO
 CONFER  WITH COUNSEL, AND THE RIGHT TO OBTAIN COUNSEL FEES AND EXPENSES,
 PURSUANT TO SECTION TWO  HUNDRED  THIRTY-SEVEN  OF  THIS  ARTICLE.  WHEN
 APPROPRIATE,  THE COURT SHALL ASSIGN COUNSEL TO THE PARTIES, PURSUANT TO
 ARTICLE TWO OF THE FAMILY COURT ACT. Where either  party  to  an  action
 concerning custody of or a right to visitation with a child alleges in a
 sworn  petition  or  complaint or sworn answer, cross-petition, counter-
 claim or other sworn  responsive  pleading  that  the  other  party  has
 committed an act of domestic violence against the party making the alle-
 gation  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,
 and such allegations are proven by a preponderance of the evidence,  the
 court  must  consider the effect of such domestic violence upon the best
 interests of the child, together with such other facts and circumstances
 as the court deems relevant in  making  a  direction  pursuant  to  this
 section  and  state  on  the record how such findings, facts and circum-
 stances factored into the direction. If a  parent  makes  a  good  faith
 allegation  based  on  a  reasonable  belief supported by facts that the
 child is the victim of child abuse, child neglect,  or  the  effects  of
 domestic violence, and if that parent acts lawfully and in good faith in
 response  to  that reasonable belief to protect the child or seek treat-
 ment for the child, then that parent shall not be deprived  of  custody,
 visitation  or contact with the child, or restricted in custody, visita-
 tion or contact, based solely on that belief or the  reasonable  actions
 taken  based  on that belief. If an allegation that a child is abused is
 supported by a preponderance of  the  evidence,  then  the  court  shall
 consider  such  evidence of abuse in determining the visitation arrange-
 ment that is in the best interest of the child, and the court shall  not
 place a child in the custody of a parent who presents a substantial risk
 of  harm  to that child, and shall state on the record how such findings
 were factored into the determination. Where a proceeding filed  pursuant
 to  article  ten or ten-A of the family court act is pending at the same
 time as a proceeding brought in the supreme court involving the  custody
 of,  or  right  to  visitation  with, any child of a marriage, the court
 presiding over the proceeding under article ten or ten-A of  the  family
 court  act  may  jointly  hear the dispositional hearing on the petition
 under article ten or the permanency hearing under article ten-A  of  the
 family  court act and, upon referral from the supreme court, the hearing
 to resolve the matter of custody or visitation in the proceeding pending
 in the supreme court; provided however, the court must determine custody
 or visitation in accordance with the terms of this section.
   An order directing the payment of  child  support  shall  contain  the
 social  security  numbers of the named parties. In all cases there shall
 be no prima facie right to the custody of the child  in  either  parent.
 Such direction shall make provision for child support out of the proper-
 A. 3346--A                          3
 
 ty  of  either or both parents. The court shall make its award for child
 support pursuant to subdivision one-b of this  section.  Such  direction
 may  provide  for  reasonable  visitation  rights to the maternal and/or
 paternal  grandparents of any child of the parties. Such direction as it
 applies to rights of visitation with a child remanded or placed  in  the
 care  of  a  person, official, agency or institution pursuant to article
 ten of the family court act, or pursuant to an instrument approved under
 section three hundred fifty-eight-a of the social services law, shall be
 enforceable pursuant to part eight of article ten of  the  family  court
 act  and  sections three hundred fifty-eight-a and three hundred eighty-
 four-a of the social services law and other applicable provisions of law
 against any person having care and custody, or temporary care and custo-
 dy, of the child. Notwithstanding any other provision of law, any  writ-
 ten  application or motion to the court for the establishment, modifica-
 tion or enforcement of a child support obligation  for  persons  not  in
 receipt  of public assistance and care must contain either a request for
 child support enforcement services which would authorize the  collection
 of  the  support  obligation  by  the  immediate  issuance  of an income
 execution for support enforcement  as  provided  for  by  this  chapter,
 completed in the manner specified in section one hundred eleven-g of the
 social  services  law; or a statement that the applicant has applied for
 or is in receipt of such services; or a  statement  that  the  applicant
 knows  of  the  availability of such services, has declined them at this
 time and where support enforcement  services  pursuant  to  section  one
 hundred  eleven-g of the social services law have been declined that the
 applicant understands that an  income  deduction  order  may  be  issued
 pursuant  to  subdivision  (c) of section fifty-two hundred forty-two of
 the civil practice law and rules without other child support enforcement
 services and that payment of an administrative fee may be required.  The
 court  shall  provide  a  copy  of  any  such  request for child support
 enforcement services to the support collection unit of  the  appropriate
 social services district any time it directs payments to be made to such
 support  collection  unit.  Additionally,  the  copy of any such request
 shall be accompanied by the name, address and social security number  of
 the  parties;  the date and place of the parties' marriage; the name and
 date of birth of the child or children; and the name and address of  the
 employers  and  income  payors  of  the party from whom child support is
 sought or from the party ordered to  pay  child  support  to  the  other
 party.  Such direction may require the payment of a sum or sums of money
 either directly to the custodial parent or to third persons for goods or
 services furnished for such child, or for both payments to the custodial
 parent and to such third persons; provided,  however,  that  unless  the
 party seeking or receiving child support has applied for or is receiving
 such  services,  the  court shall not direct such payments to be made to
 the support collection unit,  as  established  in  section  one  hundred
 eleven-h  of  the social services law. Every order directing the payment
 of support shall require that if either parent currently, or at any time
 in the future, has health  insurance  benefits  available  that  may  be
 extended  or  obtained  to  cover  the child, such parent is required to
 exercise the option of additional coverage in favor of  such  child  and
 execute  and  deliver  to  such  person any forms, notices, documents or
 instruments necessary to assure timely payment of any  health  insurance
 claims for such child.
   (a-1)(1)  Permanent and initial temporary orders of custody or visita-
 tion. Prior to the issuance of any permanent or initial temporary  order
 of  custody or visitation, the court shall conduct a review of ANY FIND-
 A. 3346--A                          4

 INGS OR ALLEGATIONS OF CHILD ABUSE, DOMESTIC VIOLENCE, HEIGHTENED DANGER
 AND RISK OF LETHALITY, AND the decisions and reports listed in  subpara-
 graph three of this paragraph.
   (2) Successive temporary orders of custody or visitation. Prior to the
 issuance of any successive temporary order of custody or visitation, the
 court  shall  conduct  a  review of ANY FINDINGS OR ALLEGATIONS OF CHILD
 ABUSE, DOMESTIC VIOLENCE, HEIGHTENED DANGER AND RISK OF  LETHALITY,  AND
 the  decisions  and  reports  listed in subparagraph three of this para-
 graph, unless such a review has been conducted within ninety days  prior
 to the issuance of such order.
   (3)  [Decisions]  FINDINGS  AND  ALLEGATIONS  OF CHILD ABUSE, DOMESTIC
 VIOLENCE, HEIGHTENED DANGER AND RISK OF LETHALITY, AND THE DECISIONS and
 reports for review. The court shall conduct a review of the following:
   (i) related decisions in court proceedings initiated pursuant to arti-
 cle ten of the family court act, and all warrants issued under the fami-
 ly court act; [and]
   (ii) WHETHER EITHER PARTY TO THE ACTION ALLEGES THAT THE  OTHER  PARTY
 TO  THE PROCEEDING HAS COMMITTED, OR HAS THREATENED TO COMMIT, AN ACT OF
 CHILD ABUSE AGAINST SUCH CHILD, OR HAS COMMITTED, OR HAS  THREATENED  TO
 COMMIT, AN ACT OF DOMESTIC VIOLENCE AGAINST THE PARTY MAKING THE ALLEGA-
 TION  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;
   (III) A HISTORY OF DOMESTIC VIOLENCE, CHILD ABUSE  OR  NEGLECT,  CHILD
 SEXUAL ABUSE OR INCIDENTS INVOLVING HARM, OR RISK OF HARM, TO A CHILD;
   (IV)  POLICE  REPORTS,  INCLUDING  DOMESTIC VIOLENCE INCIDENT REPORTS,
 REPORTING INCIDENTS INVOLVING CHILD ABUSE OR DOMESTIC VIOLENCE;
   (V) FINDINGS  AND  ALLEGATIONS  OF  CHILD  ABUSE,  DOMESTIC  VIOLENCE,
 HEIGHTENED DANGER AND RISK OF LETHALITY, INCLUDING BUT NOT LIMITED TO:
   (A) AN INCREASE IN FREQUENCY OR SEVERITY OF DOMESTIC VIOLENCE;
   (B)  USE  OR  THREATS  TO  USE  A  WEAPON  OR DANGEROUS INSTRUMENT, OR
 POSSESSION OF OR ACCESS TO FIREARMS;
   (C) THREATS TO HARM OR KILL THE CHILD,  THE  OTHER  PARTY,  THE  OTHER
 PARTY'S CHILDREN, SELF OR OTHERS, OR COMPANION ANIMALS;
   (D)  SEXUAL  ABUSE  OR  COERCED  SEXUAL ACTIVITY OF THE CHILD OR OTHER
 PARTY;
   (E) UNLAWFUL DISSEMINATION OR PUBLICATION OF AN INTIMATE IMAGE, PURSU-
 ANT TO SECTION 245.15 OF THE PENAL LAW;
   (F) INCIDENTS INVOLVING OBSTRUCTION OF BREATHING OR STRANGULATION;
   (G) A PARTY'S PATTERN OF ALCOHOL OR SUBSTANCE ABUSE  THAT  PLACES  THE
 CHILD AT HEIGHTENED DANGER OR RISK OF LETHALITY;
   (H) INCIDENTS OF VIOLENCE DURING PREGNANCY;
   (I) INCIDENTS OF STALKING OR CYBER STALKING; AND
   (J)  COERCIVE  CONTROL, AS DEFINED IN PARAGRAPH (D) OF SUBDIVISION ONE
 OF SECTION TWO HUNDRED FORTY-E OF THIS ARTICLE; AND
   (VI) reports of the  statewide  computerized  registry  of  orders  of
 protection  established  and  maintained pursuant to section two hundred
 twenty-one-a of the executive law,  and  reports  of  the  sex  offender
 registry  established  and  maintained  pursuant  to section one hundred
 sixty-eight-b of the correction law.
   (4) CONDITIONS OF CUSTODY OR VISITATION.  IF THE COURT DETERMINES THAT
 LIMITATIONS OR RESTRICTIONS OF A PARTY'S CUSTODY, VISITATION OR  CONTACT
 WITH  THE  CHILD  ARE  NECESSARY PURSUANT TO A REVIEW OF ANY FINDINGS OR
 ALLEGATIONS OF CHILD ABUSE, DOMESTIC  VIOLENCE,  HEIGHTENED  DANGER  AND
 RISK  OF LETHALITY, AND THE DECISIONS AND REPORTS LISTED IN SUBPARAGRAPH
 THREE OF THIS PARAGRAPH, THE COURT SHALL SET FORTH CONDITIONS OF CUSTODY
 OR VISITATION IN A TEMPORARY ORDER OF CUSTODY OR VISITATION THAT  PRIOR-
 A. 3346--A                          5
 
 ITIZES  THE  AVOIDANCE  OF SIGNIFICANT RISK TO THE CHILD'S SAFETY.  WHEN
 THE COURT DECIDES TO ISSUE OR TO NOT ISSUE  SUCH  TEMPORARY  ORDER,  THE
 PARTIES  SHALL BE NOTIFIED OF THEIR RIGHT TO APPEAL, PURSUANT TO ARTICLE
 ELEVEN OF THE FAMILY COURT ACT.
   (I)  THERE  SHALL BE A REBUTTABLE PRESUMPTION THAT THE COURT SHALL NOT
 AWARD, IN A TEMPORARY ORDER FOR CUSTODY OR  VISITATION,  SOLE  OR  JOINT
 CUSTODY  OR  UNSUPERVISED  VISITATION TO A PARTY WHO POSES A SIGNIFICANT
 RISK TO THE CHILD'S SAFETY.
   (II) THE COURT SHALL STATE ON THE RECORD, AND IN WRITING, ANY FINDINGS
 OR ALLEGATIONS OF CHILD ABUSE, DOMESTIC VIOLENCE, HEIGHTENED DANGER  AND
 RISK OF LETHALITY, AND ANY DECISIONS AND REPORTS 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.
   (III) 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 ORDER AS IS OTHERWISE PROVIDED BY LAW.
   (5)  Notifying counsel and issuing orders. Upon consideration of deci-
 sions pursuant to article ten of the  family  court  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,  including any court appointed attorney for children, the court
 may issue a temporary, successive temporary or final order of custody or
 visitation.
   [(5)]  (6)  Temporary  emergency  order.  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 custody or visitation in the event
 that it is not possible to timely review decisions and reports on regis-
 tries as required pursuant to subparagraph three of this paragraph.
   [(6)]  (7)  After issuing a temporary emergency order. After issuing a
 temporary emergency order of custody  or  visitation,  the  court  shall
 conduct  reviews  of the decisions and reports on registries as required
 pursuant to subparagraph three  of  this  paragraph  within  twenty-four
 hours  of  the  issuance  of such temporary emergency order. Should such
 twenty-four hour period fall on a day when court is not in session, then
 the required reviews shall take place the  next  day  the  court  is  in
 session.  Upon  reviewing  decisions  and reports the court shall notify
 associated counsel, self-represented parties and attorneys for  children
 pursuant  to  subparagraph  [four]  FIVE of this paragraph and may issue
 temporary or permanent custody or visitation orders.
   [(7)] (8) Feasibility study. The commissioner of the office  of  chil-
 dren and family services, in conjunction with the office of court admin-
 istration, is hereby authorized and directed to examine, study, evaluate
 and  make  recommendations concerning the feasibility of the utilization
 of computers in courts which are  connected  to  the  statewide  central
 register  of  child  abuse  and  maltreatment established and maintained
 pursuant to section four hundred twenty-two of the social services  law,
 as  a  means  of  providing  courts  with  information regarding parties
 requesting orders of custody or visitation. Such commissioner shall make
 a preliminary report to the governor and the  legislature  of  findings,
 conclusions  and recommendations not later than January first, two thou-
 sand nine, and a final report of findings, conclusions  and  recommenda-
 tions  not  later  than  June first, two thousand nine, and shall submit
 with the reports such legislative proposals as are deemed  necessary  to
 implement the commissioner's recommendations.
 A. 3346--A                          6
 
   §  4.  The  domestic  relations law is amended by adding a new section
 240-e to read as follows:
   §  240-E.  CUSTODY  AND  VISITATION;  SAFETY  OF THE CHILD. 1. FOR THE
 PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE  THE  FOLLOWING
 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.
   (D)  "COERCIVE CONTROL" MEANS A PATTERN OF BEHAVIOR THAT IN PURPOSE OR
 EFFECT UNREASONABLY RESTRICTS A  PARENT'S  SAFETY  OR  AUTONOMY  THROUGH
 IMPLICIT  OR EXPLICIT THREATS, OR INTIMIDATION, OR BY COMPELLING COMPLI-
 ANCE. THIS CONDUCT INCLUDES, BUT IS NOT LIMITED TO:
   (I) ISOLATING THE OTHER PARENT FROM FRIENDS, FAMILY OR  OTHER  SOURCES
 OF SUPPORT;
   (II) INTERFERING WITH THE OTHER PARENT'S FREEDOM OF MOVEMENT;
   (III)  DEPRIVING  THE  OTHER PARENT OF BASIC NECESSITIES SUCH AS FOOD,
 SLEEP, CLOTHING, HOUSING, MEDICATION OR MEDICAL CARE;
   (IV) CONTROLLING, REGULATING,  SURVEILLING  OR  MONITORING  THE  OTHER
 PARENT'S   MOVEMENTS,   COMMUNICATIONS,   DAILY   BEHAVIOR,  APPEARANCE,
 FINANCES, ECONOMIC RESOURCES OR ACCESS TO SERVICES;
   (V) COMPELLING THE OTHER PARENT BY FORCE, THREAT OF  FORCE  OR  INTIM-
 IDATION,  INCLUDING  BUT  NOT  LIMITED  TO  THREATS  BASED  ON ACTUAL OR
 SUSPECTED IMMIGRATION STATUS, TO ENGAGE IN CONDUCT FROM WHICH THE  OTHER
 PARENT  HAS  A  RIGHT TO ABSTAIN OR TO ABSTAIN FROM CONDUCT IN WHICH THE
 OTHER PARENT HAS A RIGHT TO ENGAGE;
   (VI) INTERFERING WITH THE OTHER PARENT'S EDUCATION OR EMPLOYMENT;
   (VII) FORCING OR COMPELLING THE OTHER PARENT TO PERFORM SEX  ACTS,  OR
 THREATS OF A SEXUAL NATURE, INCLUDING BUT NOT LIMITED TO THREATENED ACTS
 OF  SEXUAL  CONDUCT, THREATS BASED ON A PERSON'S SEXUALITY OR THREATS TO
 RELEASE INTIMATE IMAGES; OR
   (VIII) CLEANING, ACCESSING, DISPLAYING, USING OR WEARING A FIREARM  OR
 OTHER DANGEROUS WEAPON IN AN INTIMIDATING OR THREATENING MANNER.
   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 SAFETY OF SUCH CHILD WHEN MAKING SUCH DETER-
 MINATIONS. ONLY COMPETENT, MATERIAL, AND RELEVANT EVIDENCE MAY BE ADMIT-
 TED, PURSUANT TO ARTICLE TEN OF THE  FAMILY  COURT  ACT.  PROMOTING  THE
 SAFETY  OF  A  CHILD  SHALL  INCLUDE  PREVENTING  DIRECT PHYSICAL AND/OR
 EMOTIONAL HARM TO SUCH CHILD. SUCH ASSESSMENT SHALL INCLUDE, BUT NOT  BE
 LIMITED TO:
   (A)  WHETHER  EITHER PARTY IS MORE LIKELY TO PROTECT THE SAFETY OF THE
 CHILD, AND WHETHER EITHER PARTY POSES A SIGNIFICANT RISK TO  THE  SAFETY
 OF THE CHILD;
   (B)  WHETHER  SUCH ORDER WOULD DISRUPT CONTINUITY IN THE CHILD'S HOME,
 ENVIRONMENT OR EXISTING PRIMARY CARETAKING RELATIONSHIPS;
   (C) A HISTORY OF DOMESTIC VIOLENCE,  CHILD  ABUSE  OR  NEGLECT,  CHILD
 SEXUAL ABUSE OR INCIDENTS INVOLVING HARM, OR RISK OF HARM, TO A CHILD;
 A. 3346--A                          7
 
   (D)  ANY  FINDINGS  OR  ALLEGATIONS OF CHILD ABUSE, DOMESTIC VIOLENCE,
 HEIGHTENED DANGER AND RISK OF LETHALITY, INCLUDING BUT NOT LIMITED TO:
   (I) AN INCREASE IN FREQUENCY OR SEVERITY OF DOMESTIC VIOLENCE;
   (II)  USE  OR  THREATS  TO  USE  A  WEAPON OR DANGEROUS INSTRUMENT, OR
 POSSESSION OF OR ACCESS TO FIREARMS;
   (III) THREATS TO HARM OR  KILL  THE  CHILD,  THE  OTHER  PARENT,  THAT
 PARENT'S CHILDREN, SELF OR OTHERS, OR COMPANION ANIMALS;
   (IV)  SEXUAL  ABUSE  OR  COERCED SEXUAL ACTIVITY OF THE CHILD OR OTHER
 PARENT;
   (V) UNLAWFUL DISSEMINATION OR PUBLICATION OF AN INTIMATE IMAGE, PURSU-
 ANT TO SECTION 245.15 OF THE PENAL LAW;
   (VI) INCIDENTS INVOLVING OBSTRUCTION OF BREATHING OR STRANGULATION;
   (VII) A PARTY'S PATTERN OF ALCOHOL OR SUBSTANCE ABUSE THAT PLACES  THE
 CHILD AT HEIGHTENED DANGER OR RISK OF LETHALITY;
   (VIII) INCIDENTS OF VIOLENCE DURING PREGNANCY;
   (IX) INCIDENTS OF STALKING OR CYBER STALKING; AND
   (X)  COERCIVE  CONTROL, AS DEFINED IN PARAGRAPH (D) OF SUBDIVISION ONE
 OF THIS SECTION;
   (E) WHETHER EITHER PARTY HAS BEEN FOUND TO HAVE COMMITTED AN ACT WHICH
 WOULD CONSTITUTE DISORDERLY CONDUCT, UNLAWFUL DISSEMINATION OR  PUBLICA-
 TION 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,  STALKING  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 BREATH-
 ING OR BLOOD CIRCULATION, STRANGULATION IN THE SECOND DEGREE, STRANGULA-
 TION  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 SUBDIVISIONS 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;
   (F)  WHETHER  EITHER  PARTY  HAS USED OR THREATENED TO USE A DANGEROUS
 INSTRUMENT TO HARM THE OTHER PARTY, CHILD, OR A THIRD PARTY, INCLUDING A
 FIREARM, EXCEPT IN INCIDENTS INVOLVING SELF-DEFENSE, OR  HAS  UNLAWFULLY
 POSSESSED  A  WEAPON  OR  FIREARM,  OR  HAS  BEEN  CONVICTED OF CRIMINAL
 POSSESSION OF A WEAPON OR CRIMINAL USE OF A FIREARM PURSUANT TO  ARTICLE
 TWO HUNDRED SIXTY-FIVE OF THE PENAL LAW, OR IS OR HAS BEEN SUBJECT TO AN
 EXTREME  RISK PROTECTION ORDER, PURSUANT TO ARTICLE SIXTY-THREE-A OF THE
 CIVIL PRACTICE LAW AND RULES; AND
   (G) WHICH PARTY HAS BEEN ATTENDING TO THE DAILY  PHYSICAL,  EMOTIONAL,
 DEVELOPMENTAL, EDUCATIONAL, AND SPECIAL NEEDS OF THE CHILD.
   3.  THERE SHALL BE A REBUTTABLE PRESUMPTION THAT CUSTODY OR VISITATION
 SHALL NOT BE AWARDED TO A PARTY WHO JEOPARDIZES THE SAFETY OF THE CHILD.
   4. (A) IN ANY PROCEEDING FOR CUSTODY OR VISITATION WHERE A PARTY CRED-
 IBLY ALLEGES DOMESTIC VIOLENCE OR  CHILD  ABUSE,  ALLEGATIONS  REGARDING
 PARENTAL  ALIENATION  OR FRIENDLY PARENT SHALL NOT BE ADMISSIBLE AGAINST
 THE PARTY THAT HAS CREDIBLY ALLEGED DOMESTIC VIOLENCE  OR  CHILD  ABUSE,
 NOR  SHALL  ALLEGATIONS  OF  PARENTAL  ALIENATION  OR FRIENDLY PARENT BE
 CONSIDERED IN ASSESSING A CHILD'S BEST INTERESTS.
 A. 3346--A                          8
 
   (B) THE COURT SHALL NOT PRESUME THAT A CHILD'S RELUCTANCE TO  INTERACT
 WITH  A  PARTY WAS CAUSED BY THE OTHER PARTY, NOR SHALL A PARTY BE GIVEN
 CUSTODY FOR THE PURPOSE OF IMPROVING A RELATIONSHIP  BETWEEN  THE  CHILD
 AND  SUCH  PARTY  OR  IN AN ATTEMPT TO ADDRESS THE CHILD'S RELUCTANCE TO
 INTERACT WITH SUCH PARTY.
   (C)  NO  PSYCHOLOGICAL  OR  MEDICAL  THEORIES  OR  LABELS RELATED TO A
 CHILD'S RELUCTANCE TO INTERACT 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 TREATMENT PROGRAM INTENDED TO REUNITE A CHILD WITH A PARTY FOR
 WHOM THAT CHILD IS ESTRANGED SHALL  BE  ORDERED  BY  THE  COURT  WITHOUT
 CONSENT  OF  BOTH  PARTIES  AND THE ATTORNEY FOR THE CHILD AND SCIENTIF-
 ICALLY VALID AND GENERALLY ACCEPTED PROOF OF THE EFFECTIVENESS AND THER-
 APEUTIC VALUE OF SUCH PROGRAM.
   5. IN CASES INVOLVING DOMESTIC VIOLENCE, CHILD ABUSE OR NEGLECT, OR  A
 HISTORY  OF  COERCIVE  CONTROL,  OR WHERE THE PARTIES CANNOT EFFECTIVELY
 COMMUNICATE, COOPERATE WITH EACH OTHER AND MAKE JOINT DECISIONS CONCERN-
 ING THE CHILD, OR IN CASES WHERE THERE IS AN EXISTING OR PRIOR FULL STAY
 AWAY ORDER OF PROTECTION AGAINST A PARTY OR WHEN THERE  IS  AN  EXISTING
 TEMPORARY ORDER OF PROTECTION ENTERED EX PARTE, NO ORDER OF JOINT CUSTO-
 DY  SHALL  BE  MADE WITHOUT THE CONSENT OF BOTH PARTIES. THE COURT SHALL
 NOT SUGGEST THAT IN ORDER TO RETAIN CUSTODY, A PARTY MUST AGREE TO JOINT
 CUSTODY. THE COURT SHALL NOT USE A PARTY'S REFUSAL TO CONSENT  TO  JOINT
 CUSTODY  AGAINST  SUCH PARTY WHEN MAKING ITS FINAL CUSTODY OR VISITATION
 DETERMINATION.
   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 THIRTY
 HOURS OF INITIAL TRAINING FOR THE HANDLING OF SUCH CASES. THE OFFICE FOR
 THE PREVENTION OF DOMESTIC VIOLENCE SHALL, WITHIN  AMOUNTS  APPROPRIATED
 FOR  SUCH PURPOSE, CONTRACT EXCLUSIVELY WITH THE ORGANIZATION DESIGNATED
 BY THE FEDERAL DEPARTMENT OF HEALTH AND  HUMAN  SERVICES  TO  COORDINATE
 STATEWIDE   IMPROVEMENTS   WITHIN  LOCAL  COMMUNITIES,  SOCIAL  SERVICES
 SYSTEMS, AND PROGRAMMING REGARDING THE PREVENTION  AND  INTERVENTION  OF
 DOMESTIC  VIOLENCE  IN  NEW YORK STATE 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 PARTNER-
 SHIP,  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  TRAINING  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;  COER-
 CIVE  CONTROL;  EXPLOITATION;  ABUSE; THREATS; CONTROLLING AND HARASSING
 A. 3346--A                          9
 
 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; UNLAWFUL DISSEMINATION OR PUBLICATION
 OF AN INTIMATE IMAGE; 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;
   (6)  HOW  TO  ASSESS  FINDINGS OR ALLEGATIONS OF CHILD ABUSE, DOMESTIC
 VIOLENCE, HEIGHTENED DANGER AND RISK OF LETHALITY TO A  CHILD'S  SAFETY,
 PURSUANT  TO  PARAGRAPH  (D)  OF SUBDIVISION TWO OF THIS SECTION 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
 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  AND THE DANGER OF BASING CHILD
 CUSTODY DECISIONS  ON  CLAIMS  THAT  A  CHILD'S  DEFICIENT  OR  NEGATIVE
 RELATIONSHIP WITH A PARENT IS CAUSED BY THE OTHER PARENT;
   (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.
   §  5.  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 THE COURT ISSUES ANY INITIAL  OR  SUCCESSIVE  TEMPORARY  ORDER  OF
 CUSTODY  OR  VISITATION OR PERMANENT ORDER OF CUSTODY OR VISITATION, THE
 COURT SHALL CONDUCT A REVIEW OF ANY FINDINGS  OR  ALLEGATIONS  OF  CHILD
 ABUSE,  DOMESTIC  VIOLENCE, HEIGHTENED DANGER AND RISK OF LETHALITY, AND
 THE DECISIONS AND REPORTS LISTED  IN  SUBPARAGRAPH  THREE  OF  PARAGRAPH
 (A-1)  OF  SUBDIVISION ONE OF SECTION TWO HUNDRED FORTY OF THIS CHAPTER,
 UNLESS SUCH A REVIEW HAS BEEN CONDUCTED WITHIN NINETY DAYS PRIOR TO  THE
 ISSUANCE OF SUCH ORDER.
 A. 3346--A                         10
 
   (II)  WHEN  ISSUING  ANY TEMPORARY ORDER OF CUSTODY OR VISITATION, THE
 COURT SHALL STATE ON THE RECORD, AND IN WRITING, ANY FINDINGS OR ALLEGA-
 TIONS OF CHILD ABUSE, DOMESTIC VIOLENCE, HEIGHTENED DANGER AND  RISK  OF
 LETHALITY,  AND  THE PRIOR DECISIONS AND REPORTS CONSIDERED IN RENDERING
 ITS  DECISION AND THE REASONS FOR ANY LIMITATIONS OR RESTRICTIONS PLACED
 ON A PARTY'S CUSTODY, VISITATION OR CONTACT WITH SUCH CHILD.  ANY  PARTY
 TO  A  PROCEEDING  FOR  A TEMPORARY ORDER PURSUANT TO THIS CHAPTER SHALL
 HAVE A RIGHT TO APPEAL TO THE APPROPRIATE APPELLATE  DIVISION,  PURSUANT
 TO ARTICLE ELEVEN OF THE FAMILY COURT ACT.
   (III)  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 SAFETY OF SUCH CHILD WHEN MAKING SUCH
 DETERMINATIONS. ONLY COMPETENT, MATERIAL AND RELEVANT  EVIDENCE  MAY  BE
 ADMITTED, PURSUANT TO ARTICLE TEN OF THE FAMILY COURT ACT. PROMOTING THE
 SAFETY  OF  A  CHILD  SHALL  INCLUDE  PREVENTING  DIRECT PHYSICAL AND/OR
 EMOTIONAL HARM TO SUCH CHILD AND SHALL BE ASSESSED  BY  CONSIDERING  ANY
 FINDINGS  OR  ALLEGATIONS  OF CHILD ABUSE, DOMESTIC VIOLENCE, HEIGHTENED
 DANGER AND RISK OF LETHALITY, AND DECISIONS AND  REPORTS  IDENTIFIED  IN
 SUBPARAGRAPH  THREE OF PARAGRAPH (A-1) OF SUBDIVISION ONE OF SECTION TWO
 HUNDRED FORTY OF THIS CHAPTER.
   (IV) 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  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.
   (V) IN CASES INVOLVING DOMESTIC VIOLENCE, CHILD ABUSE OR NEGLECT, OR A
 HISTORY  OF  COERCIVE  CONTROL,  OR WHERE THE PARTIES CANNOT EFFECTIVELY
 COMMUNICATE, COOPERATE WITH EACH OTHER AND MAKE JOINT DECISIONS CONCERN-
 ING THE CHILD, OR IN CASES WHERE THERE IS AN EXISTING OR PRIOR FULL STAY
 AWAY ORDER OF PROTECTION AGAINST A PARTY OR WHEN THERE  IS  AN  EXISTING
 TEMPORARY ORDER OF PROTECTION ENTERED EX PARTE, NO ORDER OF JOINT CUSTO-
 DY  SHALL  BE  MADE WITHOUT THE CONSENT OF BOTH PARTIES. THE COURT SHALL
 NOT SUGGEST THAT IN ORDER TO RETAIN CUSTODY, A PARTY MUST AGREE TO JOINT
 CUSTODY. THE COURT SHALL NOT USE A PARTY'S REFUSAL TO CONSENT  TO  JOINT
 CUSTODY  AGAINST  SUCH PARTY WHEN MAKING ITS FINAL CUSTODY OR VISITATION
 DETERMINATION, AS DESCRIBED IN SUBDIVISION FIVE OF SECTION  TWO  HUNDRED
 FORTY-E OF THIS CHAPTER.
   (VI)  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 PARAGRAPH  A  OF
 SUBDIVISION  SIX  OF  SECTION  TWO HUNDRED FORTY-E 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 PARAGRAPH (B) OF SUBDIVISION SIX  OF  SECTION  TWO
 HUNDRED FORTY-E OF THIS CHAPTER.
   § 6. Subdivision (b) of section 651 of the family court act as amended
 by chapter 657 of the laws of 2003, is amended to read as follows:
   (b)  (I)  When  initiated  in  the  family court, the family court has
 jurisdiction to determine, in accordance with subdivision one of section
 two hundred forty of the domestic relations law and with the same powers
 possessed by the supreme court in addition to  its  own  powers,  habeas
 corpus proceedings and proceedings brought by petition and order to show
 cause,  for  the  determination  of the custody or visitation of minors,
 A. 3346--A                         11
 
 including applications by a grandparent or grandparents  for  visitation
 or  custody  rights pursuant to section seventy-two or two hundred forty
 of the domestic relations law.
   (II)  THE FAMILY COURT SHALL, IN COLLABORATION WITH THE OFFICE FOR THE
 PREVENTION OF DOMESTIC VIOLENCE, UPDATE ITS PETITION USED BY PARTIES  TO
 INITIATE  CHILD CUSTODY AND VISITATION PROCEEDINGS IN A MANNER TO PERMIT
 PETITIONERS TO IDENTIFY FINDINGS OR ALLEGATIONS OF CHILD ABUSE, DOMESTIC
 VIOLENCE, HEIGHTENED DANGER AND RISK OF LETHALITY TO A CHILD'S SAFETY.
   § 7. 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:
   (e) THE LEGISLATURE RECOGNIZES THAT THE SAFETY OF CHILDREN IS OF PARA-
 MOUNT IMPORTANCE AND IS AN INTEGRAL ELEMENT OF THEIR BEST INTERESTS.  TO
 THAT END, THE LEGISLATURE FINDS THAT JUDICIAL DECISIONS REGARDING CUSTO-
 DY OF, AND ACCESS TO, CHILDREN MUST ENSURE CHILDREN'S SAFETY AS A THRES-
 HOLD ISSUE.
   1.  Permanent  and  initial temporary orders of custody or visitation.
 Prior to the issuance of any permanent or  initial  temporary  order  of
 custody  or visitation, the court shall conduct a review of ANY FINDINGS
 OR ALLEGATIONS OF CHILD ABUSE, DOMESTIC VIOLENCE, HEIGHTENED DANGER  AND
 RISK  OF  LETHALITY  TO  A CHILD'S SAFETY, AND the decisions and reports
 listed in paragraph three of this subdivision. WHEN  THE  PARTIES  FIRST
 APPEAR IN COURT, THE COURT SHALL ADVISE THE PARTIES BEFORE PROCEEDING OF
 THE  RIGHT  TO  BE  REPRESENTED BY COUNSEL OF THEIR OWN CHOOSING, OF THE
 RIGHT TO HAVE AN ADJOURNMENT OF NO LONGER THAN FOURTEEN  COURT  DAYS  TO
 CONFER  WITH COUNSEL, AND THE RIGHT TO OBTAIN COUNSEL FEES AND EXPENSES,
 PURSUANT TO SECTION TWO HUNDRED THIRTY-SEVEN OF THE  DOMESTIC  RELATIONS
 LAW.  WHEN  APPROPRIATE,  THE COURT SHALL ASSIGN COUNSEL TO THE PARTIES,
 PURSUANT TO ARTICLE TWO OF THIS CHAPTER.
   2. Successive temporary orders of custody or visitation. Prior to  the
 issuance of any successive temporary order of custody or visitation, the
 court  shall  conduct  a  review of ANY FINDINGS OR ALLEGATIONS OF CHILD
 ABUSE, DOMESTIC VIOLENCE, HEIGHTENED DANGER AND RISK OF  LETHALITY,  AND
 the decisions and reports listed in paragraph three of this subdivision,
 unless  such a review has been conducted within ninety days prior to the
 issuance of such order.
   3. [Decisions] FINDINGS  AND  ALLEGATIONS  OF  CHILD  ABUSE,  DOMESTIC
 VIOLENCE, HEIGHTENED DANGER AND RISK OF LETHALITY, AND THE DECISIONS and
 reports for review. The court shall conduct a review of the following:
   (i) related decisions in court proceedings initiated pursuant to arti-
 cle ten of this act, and all warrants issued under this act; [and]
   (ii)  WHETHER  EITHER PARTY TO THE ACTION ALLEGES THAT THE OTHER PARTY
 TO THE PROCEEDING HAS COMMITTED, OR HAS THREATENED TO COMMIT, AN ACT  OF
 CHILD  ABUSE  AGAINST SUCH CHILD, OR HAS COMMITTED, OR HAS THREATENED TO
 COMMIT, AN ACT OF DOMESTIC VIOLENCE AGAINST THE PARTY MAKING THE ALLEGA-
 TION OR A FAMILY OR HOUSEHOLD MEMBER OF EITHER PARTY, AS SUCH FAMILY  OR
 HOUSEHOLD MEMBER IS DEFINED IN ARTICLE EIGHT OF THIS CHAPTER;
   (III)  A  HISTORY  OF DOMESTIC VIOLENCE, CHILD ABUSE OR NEGLECT, CHILD
 SEXUAL ABUSE OR INCIDENTS INVOLVING HARM, OR RISK OF HARM, TO A CHILD;
   (IV) POLICE REPORTS, INCLUDING  DOMESTIC  VIOLENCE  INCIDENT  REPORTS,
 REPORTING INCIDENTS INVOLVING CHILD ABUSE OR DOMESTIC VIOLENCE;
   (V)  FINDINGS  AND  ALLEGATIONS  OF  CHILD  ABUSE,  DOMESTIC VIOLENCE,
 HEIGHTENED DANGER AND RISK OF LETHALITY, INCLUDING BUT NOT LIMITED TO:
   (A) AN INCREASE IN FREQUENCY OR SEVERITY OF DOMESTIC VIOLENCE;
   (B) USE OR THREATS  TO  USE  A  WEAPON  OR  DANGEROUS  INSTRUMENT,  OR
 POSSESSION OF OR ACCESS TO FIREARMS;
 A. 3346--A                         12
 
   (C) THREATS TO HARM OR KILL THE CHILD, THE OTHER PARENT, THAT PARENT'S
 CHILDREN, SELF OR OTHERS, OR COMPANION ANIMALS;
   (D)  SEXUAL  ABUSE  OR  COERCED  SEXUAL ACTIVITY OF THE CHILD OR OTHER
 PARENT;
   (E) UNLAWFUL DISSEMINATION OR PUBLICATION OF AN INTIMATE IMAGE, PURSU-
 ANT TO SECTION 245.15 OF THE PENAL LAW;
   (F) INCIDENTS INVOLVING OBSTRUCTION OF BREATHING OR STRANGULATION;
   (G) A PARTY'S PATTERN OF ALCOHOL OR SUBSTANCE ABUSE  THAT  PLACES  THE
 CHILD AT HEIGHTENED DANGER OR RISK OF LETHALITY;
   (H) INCIDENTS OF VIOLENCE DURING PREGNANCY;
   (I) INCIDENTS OF STALKING OR CYBER STALKING; AND
   (J)  COERCIVE  CONTROL, AS DEFINED IN PARAGRAPH (D) OF SUBDIVISION ONE
 OF SECTION TWO HUNDRED FORTY-E OF THE DOMESTIC RELATIONS LAW; AND
   (VI) reports of the  statewide  computerized  registry  of  orders  of
 protection  established  and  maintained pursuant to section two hundred
 twenty-one-a of the executive law,  and  reports  of  the  sex  offender
 registry  established  and  maintained  pursuant  to section one hundred
 sixty-eight-b of the correction law.
   4. APPEAL. SUCH PERMANENT AND TEMPORARY ORDERS OF CUSTODY  OR  VISITA-
 TION  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.  A PREFERENCE IN ACCORDANCE WITH RULE FIFTY-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.  A NOTICE TO APPEAL UNDER THIS SUBDIVISION MUST  BE  TAKEN
 NO  LATER  THAN  TWENTY  COURT  DAYS AFTER THE SERVICE BY A PARTY OR THE
 CHILD'S ATTORNEY UPON THE APPELLANT OF ANY ORDER FROM WHICH  THE  APPEAL
 IS  TAKEN,  OR TWENTY COURT DAYS FROM RECEIPT OF THE ORDER BY THE APPEL-
 LANT IN COURT, WHICHEVER IS EARLIEST. EXCEPT FOR GOOD CAUSE  SHOWN,  THE
 APPEAL  HEARING  SHALL  BE EXPEDITED AND HELD NO LATER THAN NINETY COURT
 DAYS FROM THE NOTICE TO APPEAL. WHENEVER AN ATTORNEY HAS BEEN  APPOINTED
 TO  REPRESENT  A  PARTY IN A PROCEEDING DESCRIBED IN THIS PARAGRAPH, THE
 APPOINTMENT SHALL CONTINUE WITHOUT FURTHER COURT ORDER  OR  APPOINTMENT,
 PURSUANT  TO  SUBDIVISION  (B)  OF SECTION ELEVEN HUNDRED TWENTY OF THIS
 CHAPTER.
   5. 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.
   [5.] 6. Temporary emergency order. 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  custody or visitation in the event that it is not
 possible to  timely  review  decisions  and  reports  on  registries  as
 required pursuant to paragraph three of this subdivision.
   [6.]  7.  After  issuing  a temporary emergency order. After issuing a
 temporary emergency order of custody  or  visitation,  the  court  shall
 conduct  reviews  of the decisions and reports on registries as required
 pursuant to paragraph three of this subdivision within twenty-four hours
 of the issuance of such temporary emergency order. Should  such  twenty-
 four  hour  period  fall on a day when court is not in session, then the
 A. 3346--A                         13
 
 required reviews shall take place the next day the court is in  session.
 Upon  reviewing  decisions and reports the court shall notify associated
 counsel, self-represented parties and attorneys for children pursuant to
 paragraph  [four]  FIVE  of  this subdivision and may issue temporary or
 permanent custody or visitation orders.
   [7.] 8. Feasibility study. The commissioner of the office of  children
 and  family  services,  in conjunction with the office of court adminis-
 tration, is hereby authorized and directed to examine,  study,  evaluate
 and  make  recommendations concerning the feasibility of the utilization
 of computers in family courts  which  are  connected  to  the  statewide
 central  register  of child abuse and maltreatment established and main-
 tained pursuant  to  section  four  hundred  twenty-two  of  the  social
 services  law,  as  a  means of providing family courts with information
 regarding parties requesting  orders  of  custody  or  visitation.  Such
 commissioner  shall  make  a  preliminary report to the governor and the
 legislature of findings, conclusions and recommendations not later  than
 January thirty-first, two thousand nine, and a final report of findings,
 conclusions  and recommendations not later than June first, two thousand
 nine, and shall submit with the reports such  legislative  proposals  as
 are deemed necessary to implement the commissioner's recommendations.
   § 8. 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 PURSUANT TO SECTION SIX
 HUNDRED FIFTY-ONE 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]  FIFTY-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.
   § 9. This act shall take effect on the one hundred twentieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3346--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced  by  M. of A. HEVESI, SILLITTI, DICKENS, FAHY, CLARK, HUNTER,
   LAVINE,  SEAWRIGHT,  SIMON,  JACKSON,  RIVERA,  McDONOUGH,  MORINELLO,
   THIELE, BURDICK, K. BROWN, STIRPE, GONZALEZ-ROJAS, DURSO, OTIS, BRABE-
   NEC,  MANKTELOW, ANGELINO, COOK, GUNTHER, STERN, JEAN-PIERRE, DeSTEFA-
   NO, BLANKENBUSH, RA, FITZPATRICK,  PHEFFER AMATO,  ANDERSON,  MIKULIN,
   L. ROSENTHAL,  LUPARDO,  SIMPSON,  EPSTEIN,  KELLES,  JENSEN,  BURGOS,
   JONES, STECK,  ZINERMAN,  CRUZ,  AUBRY,  CUNNINGHAM,  HAWLEY,  PAULIN,
   BARRETT,    RAMOS,   GIBBS,   JACOBSON,   DINOWITZ,   REYES,   CONRAD,
   J. A. GIGLIO, MAHER, BLUMENCRANZ, BORES, GANDOLFO, SHIMSKY,  McDONALD,
   BRONSON,  DARLING,  BENDETT, DE LOS SANTOS, WOERNER, WILLIAMS, EACHUS,
   PRETLOW, ALVAREZ, DAVILA,  BENEDETTO,  SMITH,  MEEKS,  SIMONE,  TAPIA,
   BUTTENSCHON,  WALLACE,  ARDILA, LEVENBERG, RAGA, SEPTIMO, COLTON, LEE,
   GALLAHAN, FLOOD, WEPRIN -- read once and referred to the Committee  on
   Judiciary  -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted  to  said  committee  --  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 committee
 
 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 and may be cited as
 "Kyra's Law".
   § 2. Subdivision 1 of section 240 of the  domestic  relations  law  is
 amended by adding a new opening paragraph to read as follows:
   THE LEGISLATURE RECOGNIZES THAT THE SAFETY OF CHILDREN IS OF PARAMOUNT
 IMPORTANCE  AND  IS AN INTEGRAL ELEMENT OF THEIR BEST INTERESTS. TO THAT
 END, THE LEGISLATURE FINDS THAT JUDICIAL DECISIONS REGARDING CUSTODY OF,
 AND ACCESS TO, CHILDREN MUST ENSURE CHILDREN'S  SAFETY  AS  A  THRESHOLD
 ISSUE.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06231-08-4
              

 A. 3346--B                          2
 
   §  3.  Paragraphs (a) and (a-1) of subdivision 1 of section 240 of the
 domestic relations law, paragraph (a) as amended by chapter 567  of  the
 laws  of  2015 and paragraph (a-1) as amended by chapter 295 of the laws
 of 2009, are amended to read as follows:
   (a)  In any action or proceeding brought (1) to annul a marriage or to
 declare the nullity of a void marriage, or (2) for a separation, or  (3)
 for  a divorce, or (4) to obtain, by a writ of habeas corpus or by peti-
 tion and order to show cause, the custody of or right to visitation with
 any child of a marriage, the court shall  require  verification  of  the
 status of any child of the marriage with respect to such child's custody
 and  support,  including  any  prior  orders, and shall enter orders for
 custody and support as, in the  court's  discretion,  justice  requires,
 having  regard  to  the  circumstances of the case and of the respective
 parties and to the best interests  of  the  child  and  subject  to  the
 provisions of subdivision one-c of this section.  WHEN THE PARTIES FIRST
 APPEAR IN COURT, THE COURT SHALL ADVISE THE PARTIES BEFORE PROCEEDING OF
 THE  RIGHT  TO  BE  REPRESENTED BY COUNSEL OF THEIR OWN CHOOSING, OF THE
 RIGHT TO HAVE AN ADJOURNMENT OF NO LONGER THAN FOURTEEN  COURT  DAYS  TO
 CONFER  WITH COUNSEL, AND THE RIGHT TO OBTAIN COUNSEL FEES AND EXPENSES,
 PURSUANT TO SECTION TWO HUNDRED THIRTY-SEVEN OF THIS ARTICLE. THE  COURT
 SHALL  ASSIGN  COUNSEL  TO THE PARTIES AND CHILDREN, PURSUANT TO ARTICLE
 TWO OF THE FAMILY COURT ACT. Where either party to an action  concerning
 custody  of  or  a  right  to visitation with a child alleges in a sworn
 petition or complaint or sworn answer, cross-petition,  counterclaim  or
 other  sworn  responsive  pleading that the other party has 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,  and  such
 allegations  are  proven  by  a preponderance of the evidence, the court
 must consider the effect of such domestic violence upon the best  inter-
 ests  of  the child, together with such other facts and circumstances as
 the court deems relevant in making a direction pursuant to this  section
 and  state  on  the  record  how  such findings, facts and circumstances
 factored into the direction. If a parent makes a good  faith  allegation
 based  on  a  reasonable belief supported by facts that the child is the
 victim of child  abuse,  child  neglect,  or  the  effects  of  domestic
 violence, and if that parent acts lawfully and in good faith in response
 to that reasonable belief to protect the child or seek treatment for the
 child,  then that parent 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.  If an allegation that a child is abused is supported by a
 preponderance of the  evidence,  then  the  court  shall  consider  such
 evidence  of  abuse in determining the visitation arrangement that is in
 the best interest of the child, and the court shall not place a child in
 the custody of a parent who presents a substantial risk of harm to  that
 child,  and  shall  state  on the record how such findings were factored
 into the determination. Where a proceeding filed pursuant to article ten
 or ten-A of the family court act is  pending  at  the  same  time  as  a
 proceeding  brought  in  the  supreme court involving the custody of, or
 right to visitation with, any child of a marriage, the  court  presiding
 over  the  proceeding under article ten or ten-A of the family court act
 may jointly hear the dispositional hearing on the petition under article
 ten or the permanency hearing under article ten-A of  the  family  court
 act  and,  upon  referral from the supreme court, the hearing to resolve
 the matter of custody or visitation in the  proceeding  pending  in  the
 A. 3346--B                          3
 
 supreme  court;  provided  however,  the court must determine custody or
 visitation in accordance with the terms of this section.
   An  order  directing  the  payment  of child support shall contain the
 social security numbers of the named parties. In all cases  there  shall
 be  no  prima  facie right to the custody of the child in either parent.
 Such direction shall make provision for child support out of the proper-
 ty of either or both parents. The court shall make its award  for  child
 support  pursuant  to  subdivision one-b of this section. Such direction
 may provide for reasonable visitation  rights  to  the  maternal  and/or
 paternal  grandparents of any child of the parties. Such direction as it
 applies to rights of visitation with a child remanded or placed  in  the
 care  of  a  person, official, agency or institution pursuant to article
 ten of the family court act, or pursuant to an instrument approved under
 section three hundred fifty-eight-a of the social services law, shall be
 enforceable pursuant to part eight of article ten of  the  family  court
 act  and  sections three hundred fifty-eight-a and three hundred eighty-
 four-a of the social services law and other applicable provisions of law
 against any person having care and custody, or temporary care and custo-
 dy, of the child. Notwithstanding any other provision of law, any  writ-
 ten  application or motion to the court for the establishment, modifica-
 tion or enforcement of a child support obligation  for  persons  not  in
 receipt  of public assistance and care must contain either a request for
 child support enforcement services which would authorize the  collection
 of  the  support  obligation  by  the  immediate  issuance  of an income
 execution for support enforcement  as  provided  for  by  this  chapter,
 completed in the manner specified in section one hundred eleven-g of the
 social  services  law; or a statement that the applicant has applied for
 or is in receipt of such services; or a  statement  that  the  applicant
 knows  of  the  availability of such services, has declined them at this
 time and where support enforcement  services  pursuant  to  section  one
 hundred  eleven-g of the social services law have been declined that the
 applicant understands that an  income  deduction  order  may  be  issued
 pursuant  to  subdivision  (c) of section fifty-two hundred forty-two of
 the civil practice law and rules without other child support enforcement
 services and that payment of an administrative fee may be required.  The
 court  shall  provide  a  copy  of  any  such  request for child support
 enforcement services to the support collection unit of  the  appropriate
 social services district any time it directs payments to be made to such
 support  collection  unit.  Additionally,  the  copy of any such request
 shall be accompanied by the name, address and social security number  of
 the  parties;  the date and place of the parties' marriage; the name and
 date of birth of the child or children; and the name and address of  the
 employers  and  income  payors  of  the party from whom child support is
 sought or from the party ordered to  pay  child  support  to  the  other
 party.  Such direction may require the payment of a sum or sums of money
 either directly to the custodial parent or to third persons for goods or
 services furnished for such child, or for both payments to the custodial
 parent and to such third persons; provided,  however,  that  unless  the
 party seeking or receiving child support has applied for or is receiving
 such  services,  the  court shall not direct such payments to be made to
 the support collection unit,  as  established  in  section  one  hundred
 eleven-h  of  the social services law. Every order directing the payment
 of support shall require that if either parent currently, or at any time
 in the future, has health  insurance  benefits  available  that  may  be
 extended  or  obtained  to  cover  the child, such parent is required to
 exercise the option of additional coverage in favor of  such  child  and
 A. 3346--B                          4

 execute  and  deliver  to  such  person any forms, notices, documents or
 instruments necessary to assure timely payment of any  health  insurance
 claims for such child.
   (a-1)(1) [Permanent and initial temporary orders of custody or visita-
 tion.  Prior to the issuance of any permanent or initial temporary order
 of custody or visitation, the court shall conduct a review of the  deci-
 sions and reports listed in subparagraph three of this paragraph.
   (2) Successive temporary orders of custody or visitation. Prior to the
 issuance of any successive temporary order of custody or visitation, the
 court  shall  conduct  a  review  of the decisions and reports listed in
 subparagraph three of this paragraph, unless  such  a  review  has  been
 conducted within ninety days prior to the issuance of such order.
   (3)  Decisions  and  reports  for  review.  The  court shall conduct a
 review] PROMPT EVIDENTIARY HEARING. UPON THE APPLICATION OF A  PARTY  TO
 AN  ACTION  CONCERNING  CUSTODY  OF OR VISITATION WITH A CHILD, OR OF AN
 ATTORNEY FOR THE CHILD, CREDIBLY  ALLEGING  THAT  THE  OTHER  PARTY  HAS
 COMMITTED,  HAS  THREATENED  TO COMMIT, OR IS LIKELY TO COMMIT AN ACT OF
 CHILD ABUSE OR NEGLECT AGAINST SUCH CHILD, OR HAS COMMITTED, HAS THREAT-
 ENED TO COMMIT, OR IS LIKELY TO COMMIT  DOMESTIC  VIOLENCE  AGAINST  THE
 PARTY  MAKING  THE  ALLEGATION OR A FAMILY OR HOUSEHOLD MEMBER OF EITHER
 PARTY, AND THAT ALLEGATION, IF TRUE, WOULD POSE A SERIOUS  RISK  TO  THE
 SAFETY  OF  THE CHILD, THE COURT SHALL HOLD A PROMPT EVIDENTIARY 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 HOUSE-
 HOLD MEMBER OF EITHER PARTY IS NECESSARY TO AVOID SERIOUS  RISK  TO  THE
 CHILD'S SAFETY. EXCEPT FOR GOOD CAUSE SHOWN, THE HEARING FOR SUCH DETER-
 MINATION  SHALL COMMENCE WITHIN TWENTY COURT DAYS OF THE APPLICATION FOR
 SUCH HEARING. PARTIES SHALL BE NOTIFIED OF THEIR RIGHT TO THE ASSISTANCE
 OF COUNSEL AT THE INITIATION OF SUCH HEARING. DURING SUCH HEARING,  ONLY
 MATERIAL  AND RELEVANT EVIDENCE SHALL BE ADMITTED. 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-
 TION UNDER THIS SECTION MAY BE MADE AT ANY TIME DURING THE  PENDENCY  OF
 THE PROCEEDINGS.  DURING THE HEARING, THE COURT SHALL CONDUCT AN ASSESS-
 MENT OF SERIOUS RISK TO THE CHILD'S SAFETY, WHICH SHALL INCLUDE, BUT NOT
 BE LIMITED TO, CONSIDERATION of the following:
   (i) related decisions in court proceedings initiated pursuant to arti-
 cle ten of the family court act, and all warrants issued under the fami-
 ly court act; [and]
   (ii)  A  PARTY'S HISTORY OF DOMESTIC VIOLENCE, CHILD ABUSE OR NEGLECT,
 CHILD SEXUAL ABUSE OR INCIDENTS INVOLVING HARM, OR RISK OF  HARM,  TO  A
 CHILD;
   (III)  POLICE REPORTS, INCLUDING DOMESTIC VIOLENCE INCIDENT REPORTS OF
 INCIDENTS INVOLVING CHILD ABUSE OR DOMESTIC VIOLENCE BY A PARTY;
   (IV) EVIDENCE AND FINDINGS OF CHILD ABUSE, DOMESTIC VIOLENCE,  SERIOUS
 RISK OF SAFETY OR RISK OF LETHALITY BY A PARTY, INCLUDING BUT NOT LIMIT-
 ED TO:
   (A) AN INCREASE IN FREQUENCY OR SEVERITY OF DOMESTIC VIOLENCE;
   (B)  USE OR THREATS TO USE A WEAPON OR DANGEROUS INSTRUMENT, OR UNLAW-
 FUL POSSESSION OF FIREARMS;
   (C) THREATS TO HARM OR KILL THE CHILD,  THE  OTHER  PARTY,  THE  OTHER
 PARTY'S CHILDREN, SELF OR OTHERS, OR COMPANION ANIMALS;
   (D)  SEXUAL  ABUSE  OR  OTHER SEXUAL OFFENSES AGAINST THE CHILD OR THE
 OTHER PARTY;
 A. 3346--B                          5
 
   (E) UNLAWFUL DISSEMINATION OR PUBLICATION OF AN INTIMATE IMAGE, PURSU-
 ANT TO SECTION 245.15 OF THE PENAL LAW;
   (F) INCIDENTS INVOLVING OBSTRUCTION OF BREATHING OR STRANGULATION;
   (G)  A  PARTY'S  PATTERN OF ALCOHOL OR SUBSTANCE ABUSE THAT PLACES THE
 CHILD AT SERIOUS RISK OR RISK OF LETHALITY;
   (H) INCIDENTS OF VIOLENCE DURING PREGNANCY;
   (I) INCIDENTS OF STALKING OR CYBER STALKING; AND
   (J) COERCIVE CONTROL, AS DEFINED IN PARAGRAPH (C) OF  SUBDIVISION  ONE
 OF SECTION TWO HUNDRED FORTY-E OF THIS ARTICLE; AND
   (V)  reports  of  the  statewide  computerized  registry  of orders of
 protection established and maintained pursuant to  section  two  hundred
 twenty-one-a  of  the  executive  law,  and  reports of the sex offender
 registry established and maintained  pursuant  to  section  one  hundred
 sixty-eight-b of the correction law.
   [(4)]  (2)  CONDITIONS  OF CUSTODY OR VISITATION.  IF THE COURT DETER-
 MINES THAT LIMITATIONS OR RESTRICTIONS OF A PARTY'S CUSTODY,  VISITATION
 OR  CONTACT  WITH  THE  CHILD  ARE NECESSARY PURSUANT TO A REVIEW OF ANY
 FINDINGS OR CREDIBLE ALLEGATIONS  OF  CHILD  ABUSE,  DOMESTIC  VIOLENCE,
 SERIOUS RISK OF SAFETY AND RISK OF LETHALITY TO THE CHILD, AND THE DECI-
 SIONS  AND  REPORTS  LISTED  IN  SUBPARAGRAPH ONE OF THIS PARAGRAPH, THE
 COURT SHALL SET FORTH CONDITIONS OF CUSTODY OR VISITATION IN A TEMPORARY
 ORDER OF CUSTODY OR VISITATION THAT PRIORITIZES THE AVOIDANCE OF SERIOUS
 RISK TO THE CHILD'S SAFETY.  WHEN THE COURT DECIDES TO ISSUE OR  TO  NOT
 ISSUE SUCH TEMPORARY ORDER, THE PARTIES SHALL BE NOTIFIED OF THEIR RIGHT
 TO APPEAL, PURSUANT TO ARTICLE ELEVEN OF THE FAMILY COURT ACT.
   (I)  THERE  SHALL BE A REBUTTABLE PRESUMPTION THAT THE COURT SHALL NOT
 AWARD, IN A TEMPORARY ORDER FOR CUSTODY OR  VISITATION,  SOLE  OR  JOINT
 CUSTODY  OR  UNSUPERVISED VISITATION TO A PARTY WHO POSES A SERIOUS RISK
 TO THE CHILD'S SAFETY.
   (II) THE COURT SHALL STATE ON THE RECORD, AND IN WRITING, ANY FINDINGS
 OR CREDIBLE ALLEGATIONS OF CHILD ABUSE, DOMESTIC VIOLENCE, SERIOUS  RISK
 OF SAFETY OR RISK OF LETHALITY, AND ANY DECISIONS AND REPORTS 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.
   (III)  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 ORDER AS IS OTHERWISE PROVIDED BY LAW.
   (3) Notifying counsel and issuing orders. Upon consideration of  deci-
 sions  pursuant  to  article  ten  of the family court 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, including any court appointed attorney for children, the  court
 may issue a temporary, successive temporary or final order of custody or
 visitation.
   [(5)]   (4)  Temporary  emergency  order.  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 custody or visitation in the event
 that it is not possible to timely review decisions and reports on regis-
 tries as required pursuant to subparagraph [three]  ONE  of  this  para-
 graph.
   [(6)]  (5)  After issuing a temporary emergency order. After issuing a
 temporary emergency order of custody  or  visitation,  the  court  shall
 conduct  reviews  of the decisions and reports on registries as required
 pursuant to subparagraph [three] ONE of this  paragraph  within  twenty-
 A. 3346--B                          6
 
 four  hours  of  the  issuance of such temporary emergency order. Should
 such twenty-four hour period fall on a day when court is not in session,
 then the required reviews shall take place the next day the court is  in
 session.  Upon  reviewing  decisions  and reports the court shall notify
 associated counsel, self-represented parties and attorneys for  children
 pursuant  to  subparagraph  [four] THREE of this paragraph and may issue
 temporary or permanent custody or visitation orders.
   [(7)] (6) Feasibility study. The commissioner of the office  of  chil-
 dren and family services, in conjunction with the office of court admin-
 istration, is hereby authorized and directed to examine, study, evaluate
 and  make  recommendations concerning the feasibility of the utilization
 of computers in courts which are  connected  to  the  statewide  central
 register  of  child  abuse  and  maltreatment established and maintained
 pursuant to section four hundred twenty-two of the social services  law,
 as  a  means  of  providing  courts  with  information regarding parties
 requesting orders of custody or visitation. Such commissioner shall make
 a preliminary report to the governor and the  legislature  of  findings,
 conclusions  and recommendations not later than January first, two thou-
 sand nine, and a final report of findings, conclusions  and  recommenda-
 tions  not  later  than  June first, two thousand nine, and shall submit
 with the reports such legislative proposals as are deemed  necessary  to
 implement the commissioner's recommendations.
   §  4.  The  domestic  relations law is amended by adding a new section
 240-e to read as follows:
   § 240-E. CUSTODY AND VISITATION; SAFETY  OF  THE  CHILD.  1.  FOR  THE
 PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS:
   (A) "VICTIM OF DOMESTIC VIOLENCE"  SHALL  HAVE  THE  SAME  MEANING  AS
 DEFINED IN SECTION FOUR HUNDRED FIFTY-NINE-A OF THE SOCIAL SERVICES LAW.
   (B)  "FRIENDLY PARENT" MEANS THE ACTIONS OF A PARENT OR LEGAL GUARDIAN
 THAT SUPPORT A CHILD'S CONTACT AND RELATIONSHIP WITH THE OTHER PARENT OR
 LEGAL GUARDIAN.
   (C) "COERCIVE CONTROL" MEANS A PATTERN OF BEHAVIOR THAT IN PURPOSE  OR
 EFFECT  UNREASONABLY  RESTRICTS  A  PARTY'S  SAFETY  OR AUTONOMY THROUGH
 IMPLICIT OR EXPLICIT THREATS, OR INTIMIDATION, OR BY COMPELLING  COMPLI-
 ANCE. THIS CONDUCT INCLUDES, BUT IS NOT LIMITED TO:
   (I) ISOLATING THE OTHER PARTY FROM FRIENDS, FAMILY OR OTHER SOURCES OF
 SUPPORT;
   (II) INTERFERING WITH A PARTY'S FREEDOM OF MOVEMENT;
   (III)  DEPRIVING  THE  OTHER  PARTY OF BASIC NECESSITIES SUCH AS FOOD,
 SLEEP, CLOTHING, HOUSING, MEDICATION OR MEDICAL CARE;
   (IV) CONTROLLING, REGULATING,  SURVEILLING  OR  MONITORING  THE  OTHER
 PARTY'S MOVEMENTS, COMMUNICATIONS, DAILY BEHAVIOR, APPEARANCE, FINANCES,
 ECONOMIC RESOURCES OR ACCESS TO SERVICES;
   (V)  COMPELLING  THE  OTHER  PARTY BY FORCE, THREAT OF FORCE OR INTIM-
 IDATION, INCLUDING BUT  NOT  LIMITED  TO  THREATS  BASED  ON  ACTUAL  OR
 SUSPECTED  IMMIGRATION STATUS, TO ENGAGE IN CONDUCT FROM WHICH THE OTHER
 PARTY HAS A RIGHT TO ABSTAIN OR TO ABSTAIN FROM  CONDUCT  IN  WHICH  THE
 OTHER PARTY HAS A RIGHT TO ENGAGE;
   (VI) INTERFERING WITH THE OTHER PARTY'S EDUCATION OR EMPLOYMENT;
   (VII)  FORCING  OR  COMPELLING THE OTHER PARTY TO PERFORM SEX ACTS, OR
 THREATS OF A SEXUAL NATURE, INCLUDING BUT NOT LIMITED TO THREATENED ACTS
 OF SEXUAL CONDUCT, THREATS BASED ON A PERSON'S SEXUALITY OR  THREATS  TO
 RELEASE INTIMATE IMAGES; OR
   (VIII)  CLEANING, ACCESSING, DISPLAYING, USING OR WEARING A FIREARM OR
 OTHER DANGEROUS WEAPON IN AN INTIMIDATING OR THREATENING MANNER.
 A. 3346--B                          7
 
   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 SAFETY OF SUCH CHILD WHEN MAKING SUCH  DETER-
 MINATIONS.  ONLY  COMPETENT,  MATERIAL,  AND  RELEVANT EVIDENCE SHALL BE
 ADMITTED, HOWEVER, THE HEARSAY STATEMENTS OF THE CHILD MAY  BE  ADMITTED
 WHEN  CORROBORATED  BY  OTHER  EVIDENCE,  PURSUANT TO ARTICLE TEN OF THE
 FAMILY COURT ACT. PROMOTING THE SAFETY OF A CHILD SHALL INCLUDE PREVENT-
 ING DIRECT PHYSICAL AND/OR EMOTIONAL HARM TO SUCH CHILD.    FACTORS  THE
 COURT SHALL CONSIDER IN MAKING SUCH DETERMINATION SHALL INCLUDE, BUT NOT
 BE LIMITED TO:
   (A) WHICH PARTY IS MORE LIKELY TO PROTECT THE SAFETY OF THE CHILD, AND
 WHETHER EITHER PARTY POSES A SERIOUS RISK TO THE SAFETY OF THE CHILD;
   (B)  A  HISTORY  OF  DOMESTIC  VIOLENCE, CHILD ABUSE OR NEGLECT, CHILD
 SEXUAL ABUSE OR INCIDENTS INVOLVING HARM, OR RISK OF HARM, TO A CHILD;
   (C) ANY FINDINGS OR CREDIBLE  ALLEGATIONS  OF  CHILD  ABUSE,  DOMESTIC
 VIOLENCE,  SERIOUS RISK OR RISK OF LETHALITY TO THE CHILD, INCLUDING BUT
 NOT LIMITED TO:
   (I) AN INCREASE IN FREQUENCY OR SEVERITY OF DOMESTIC VIOLENCE;
   (II) USE OR THREATS TO USE A WEAPON OR DANGEROUS INSTRUMENT, OR UNLAW-
 FUL POSSESSION OF FIREARMS;
   (III) THREATS TO HARM OR KILL THE CHILD, THE OTHER  PARTY,  THE  OTHER
 PARTY'S CHILDREN, SELF OR OTHERS, OR COMPANION ANIMALS;
   (IV)  SEXUAL  ABUSE  OR  COERCED SEXUAL ACTIVITY OF THE CHILD OR OTHER
 PARTY;
   (V) UNLAWFUL DISSEMINATION OR PUBLICATION OF AN INTIMATE IMAGE, PURSU-
 ANT TO SECTION 245.15 OF THE PENAL LAW;
   (VI) INCIDENTS INVOLVING OBSTRUCTION OF BREATHING OR STRANGULATION;
   (VII) A PARTY'S PATTERN OF ALCOHOL OR SUBSTANCE ABUSE THAT PLACES  THE
 CHILD AT SERIOUS RISK OR RISK OF LETHALITY;
   (VIII) INCIDENTS OF VIOLENCE DURING PREGNANCY;
   (IX) INCIDENTS OF STALKING OR CYBER STALKING; AND
   (X)  COERCIVE  CONTROL, AS DEFINED IN PARAGRAPH (C) OF SUBDIVISION ONE
 OF THIS SECTION;
   (D) WHETHER EITHER PARTY HAS BEEN FOUND TO HAVE COMMITTED AN ACT WHICH
 WOULD CONSTITUTE DISORDERLY CONDUCT, UNLAWFUL DISSEMINATION OR  PUBLICA-
 TION 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,  STALKING  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 BREATH-
 ING OR BLOOD CIRCULATION, STRANGULATION IN THE SECOND DEGREE, STRANGULA-
 TION  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 SUBDIVISIONS 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;
   (E)  WHETHER  EITHER  PARTY  HAS USED OR THREATENED TO USE A DANGEROUS
 INSTRUMENT TO HARM THE OTHER PARTY, CHILD, OR A THIRD PARTY, INCLUDING A
 FIREARM, EXCEPT IN INCIDENTS INVOLVING SELF-DEFENSE, OR  HAS  UNLAWFULLY
 A. 3346--B                          8
 
 POSSESSED  A  WEAPON  OR  FIREARM,  OR  HAS  BEEN  CONVICTED OF CRIMINAL
 POSSESSION OF A WEAPON OR CRIMINAL USE OF A FIREARM PURSUANT TO  ARTICLE
 TWO HUNDRED SIXTY-FIVE OF THE PENAL LAW, OR IS OR HAS BEEN SUBJECT TO AN
 EXTREME  RISK PROTECTION ORDER, PURSUANT TO ARTICLE SIXTY-THREE-A OF THE
 CIVIL PRACTICE LAW AND RULES; AND
   (F) WHICH PARTY HAS BEEN ATTENDING TO THE DAILY  PHYSICAL,  EMOTIONAL,
 DEVELOPMENTAL, EDUCATIONAL, AND SPECIAL NEEDS OF THE CHILD.
   3.  THERE  SHALL  BE A REBUTTABLE PRESUMPTION THAT CUSTODY OR UNSUPER-
 VISED VISITATION SHALL NOT BE AWARDED TO A  PARTY  WHO  JEOPARDIZES  THE
 SAFETY OF THE CHILD.
   4. (A) IN ANY PROCEEDING FOR CUSTODY OR VISITATION WHERE A PARTY CRED-
 IBLY  ALLEGES DOMESTIC VIOLENCE OR CHILD ABUSE, ALLEGATIONS THAT A PARTY
 IS NOT A FRIENDLY PARENT OR HAS ALIENATED THE CHILD OR CHILDREN  AGAINST
 THE  OTHER PARTY SHALL NOT BE CONSIDERED IN ASSESSING A CHILD'S OR CHIL-
 DREN'S BEST INTERESTS.
   (B) THE COURT SHALL NOT PRESUME THAT A CHILD'S RELUCTANCE TO  INTERACT
 WITH  A  PARTY WAS CAUSED BY THE OTHER PARTY, NOR SHALL A PARTY BE GIVEN
 CUSTODY FOR THE PURPOSE OF IMPROVING A RELATIONSHIP  BETWEEN  THE  CHILD
 AND  SUCH  PARTY  OR  IN AN ATTEMPT TO ADDRESS THE CHILD'S RELUCTANCE TO
 INTERACT WITH SUCH PARTY.
   (C) NO PSYCHOLOGICAL OR MEDICAL THEORIES RELATED TO A  CHILD'S  RELUC-
 TANCE  TO  INTERACT  WITH  A  PARTY  SHALL  BE ADMITTED INTO EVIDENCE OR
 CONSIDERED BY THE COURT UNLESS BASED ON EMPIRICAL  PROOF  OF  SCIENTIFIC
 RELIABILITY  AND  VALIDITY  AND GENERALLY ACCEPTED BY THE SCIENTIFIC AND
 PROFESSIONAL COMMUNITY.
   (D) NO TREATMENT PROGRAM INTENDED TO REUNITE A CHILD WITH A PARTY WHOM
 THAT CHILD IS ESTRANGED SHALL BE ORDERED BY THE COURT WITHOUT CONSENT OF
 BOTH PARTIES AND THE ATTORNEY FOR THE CHILD AND SUPPORTED  BY  SCIENTIF-
 ICALLY VALID AND GENERALLY ACCEPTED PROOF OF THE EFFECTIVENESS AND THER-
 APEUTIC VALUE OF SUCH PROGRAM.
   5.  IN CASES INVOLVING DOMESTIC VIOLENCE, CHILD ABUSE OR NEGLECT, OR A
 HISTORY OF COERCIVE CONTROL, OR WHERE  THE  PARTIES  CANNOT  EFFECTIVELY
 COMMUNICATE, COOPERATE WITH EACH OTHER AND MAKE JOINT DECISIONS CONCERN-
 ING THE CHILD, OR IN CASES WHERE THERE IS AN EXISTING OR PRIOR FULL STAY
 AWAY  ORDER  OF  PROTECTION AGAINST A PARTY OR WHEN THERE IS AN EXISTING
 TEMPORARY ORDER OF PROTECTION ENTERED EX PARTE, NO ORDER OF JOINT CUSTO-
 DY SHALL BE MADE WITHOUT THE CONSENT OF BOTH PARTIES.  THE  COURT  SHALL
 NOT SUGGEST THAT IN ORDER TO RETAIN CUSTODY, A PARTY MUST AGREE TO JOINT
 CUSTODY.  THE  COURT SHALL NOT USE A PARTY'S REFUSAL TO CONSENT TO JOINT
 CUSTODY AGAINST SUCH PARTY WHEN MAKING ITS FINAL CUSTODY  OR  VISITATION
 DETERMINATION.
   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  COMPREHENSIVE
 TRAINING  ON  DOMESTIC  VIOLENCE  AND CHILD ABUSE THAT ADDRESSES CURRENT
 KNOWLEDGE AND LAW RELATING TO DOMESTIC  VIOLENCE  AND  CHILD  ABUSE  AND
 NEGLECT,  WITH  THE  GOAL  OF  MAKING APPROPRIATE CUSTODY AND VISITATION
 DECISIONS THAT PRIORITIZE CHILDREN'S SAFETY AND ARE CULTURALLY SENSITIVE
 AND APPROPRIATE FOR DIVERSE COMMUNITIES. SUCH JUDGES, REFEREES AND OTHER
 HEARING OFFICERS SHALL COMPLETE SUPPLEMENTAL TRAINING  EVERY  TWO  YEARS
 THEREAFTER  TO  REMAIN  ELIGIBLE  TO  PRESIDE OVER SUCH PROCEEDINGS. THE
 OFFICE OF COURT ADMINISTRATION, IN CONSULTATION WITH THE OFFICE FOR  THE
 PREVENTION  OF  DOMESTIC VIOLENCE, SHALL DEVELOP AND CONDUCT SUCH TRAIN-
 ING, WHICH SHALL BE REVIEWED AND UPDATED AT LEAST ONCE EVERY TWO  YEARS.
 SUCH TRAINING SHALL INCLUDE, BUT NOT BE LIMITED TO:
 A. 3346--B                          9
 
   (1) RELEVANT STATUTES AND CASE LAW PERTAINING TO DOMESTIC VIOLENCE AND
 CHILD ABUSE;
   (2)  THE  POWER  AND  CONTROL  DYNAMICS OF DOMESTIC VIOLENCE AND CHILD
 ABUSE, INCLUDING BUT NOT LIMITED TO, STALKING, AND EMOTIONAL, FINANCIAL,
 PHYSICAL, TECHNOLOGICAL, CYBER, SEXUAL, AND LITIGATION  ABUSE,  AND  THE
 TACTICS  COMMONLY  USED  TO  INDUCE  FEAR IN OR TO DOMINATE OR CONTROL A
 PARTNER OR CHILD, INCLUDING COERCIVE CONTROL;
   (3) THE BARRIERS AND FEARS ASSOCIATED WITH REPORTING DOMESTIC VIOLENCE
 AND CHILD ABUSE AND  NEGLECT,  AND  THE  INCREASED  RISK  OF  ESCALATING
 VIOLENCE DURING CHILD CUSTODY AND VISITATION PROCEEDINGS;
   (4)  THE  SCIENCE  AND  EXPERIENCE  OF  TRAUMA AND OTHER PSYCHOLOGICAL
 IMPACTS OF ABUSE IN ADULTS AND CHILDREN,  INCLUDING  THE  IMPORTANCE  OF
 JUDGES  MAINTAINING TRAUMA-INFORMED COURTS, AND THE DANGERS AND INADMIS-
 SIBILITY  OF  NON-SCIENTIFIC  THEORIES,  SUCH  AS  PARENTAL  ALIENATION,
 PARENTAL  ALIENATION SYNDROME, PARENTAL GATEKEEPING, OR ANY OTHER THEORY
 THAT IS NOT SUPPORTED BY SCIENTIFIC RESEARCH AND NOT GENERALLY  ACCEPTED
 BY THE SCIENTIFIC COMMUNITY;
   (5) THE DISTINCTION BETWEEN INAPPROPRIATE INTERFERENCE WITH THE CHILD-
 PARENT RELATIONSHIP VERSUS PROTECTIVE PARENTING IN THE CONTEXT OF DOMES-
 TIC VIOLENCE OR CHILD ABUSE AND NEGLECT;
   (6) HOW TO CONDUCT AN ASSESSMENT OF SERIOUS RISK AND RISK OF LETHALITY
 TO  A CHILD OR SUCH CHILD'S PARENT, PURSUANT TO SUBDIVISION FOUR OF THIS
 SECTION FOR THE PURPOSE OF ISSUING A TEMPORARY ORDER OF CUSTODY OR VISI-
 TATION;
   (7) BEST PRACTICES IN ASSESSING ALLEGATIONS OF DOMESTIC  VIOLENCE  AND
 CHILD  ABUSE  AND  NEGLECT;  IN  ASSESSING  THE VALUE AND LIMITATIONS OF
 REPORTS OF SUSPECTED CHILD ABUSE OR NEGLECT CONDUCTED BY LAW ENFORCEMENT
 OR DEPARTMENTS OF SOCIAL SERVICES; AND
   (8) ASSESSING THE QUALIFICATIONS AND REPORTS OF CHILD  CUSTODY  EVALU-
 ATORS AND MENTAL HEALTH TREATMENT PROVIDERS.
   §  5.  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 THE COURT ISSUES ANY INITIAL  OR  SUCCESSIVE  TEMPORARY  ORDER  OF
 CUSTODY  OR  VISITATION OR PERMANENT ORDER OF CUSTODY OR VISITATION, THE
 COURT SHALL CONDUCT A REVIEW OF ANY FINDINGS OR CREDIBLE ALLEGATIONS  OF
 CHILD  ABUSE, DOMESTIC VIOLENCE, SERIOUS RISK AND RISK OF LETHALITY, AND
 THE DECISIONS AND REPORTS LISTED IN SUBPARAGRAPH ONE OF PARAGRAPH  (A-1)
 OF  SUBDIVISION ONE OF SECTION TWO HUNDRED FORTY OF THIS CHAPTER, UNLESS
 SUCH A REVIEW HAS BEEN CONDUCTED WITHIN NINETY DAYS PRIOR TO  THE  ISSU-
 ANCE OF SUCH ORDER.
   (II)  WHEN  ISSUING  ANY TEMPORARY ORDER OF CUSTODY OR VISITATION, THE
 COURT SHALL STATE ON THE RECORD, AND IN WRITING, ANY FINDINGS OR  CREDI-
 BLE  ALLEGATIONS OF CHILD ABUSE, DOMESTIC VIOLENCE, SERIOUS RISK OR RISK
 OF LETHALITY, AND THE PRIOR DECISIONS AND REPORTS CONSIDERED IN  RENDER-
 A. 3346--B                         10
 
 ING  ITS  DECISION  AND  THE REASONS FOR ANY LIMITATIONS OR RESTRICTIONS
 PLACED ON A PARTY'S CUSTODY, VISITATION OR CONTACT WITH SUCH CHILD.  ANY
 PARTY  TO  A  PROCEEDING  FOR A TEMPORARY ORDER PURSUANT TO THIS CHAPTER
 SHALL  HAVE  A  RIGHT  TO  APPEAL TO THE APPROPRIATE APPELLATE DIVISION,
 PURSUANT TO ARTICLE ELEVEN OF THE FAMILY COURT ACT.
   (III) 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 SAFETY OF SUCH CHILD WHEN  MAKING  SUCH
 DETERMINATIONS.  ONLY COMPETENT, MATERIAL AND RELEVANT EVIDENCE SHALL BE
 ADMITTED, PURSUANT TO ARTICLE TEN OF THE FAMILY COURT ACT,  HOWEVER  THE
 HEARSAY  STATEMENTS  OF  THE  CHILD MAY BE ADMITTED WHEN CORROBORATED BY
 OTHER EVIDENCE. PROMOTING THE SAFETY OF A CHILD SHALL INCLUDE PREVENTING
 DIRECT PHYSICAL AND/OR  EMOTIONAL  HARM  TO  SUCH  CHILD  AND  SHALL  BE
 ASSESSED  BY  CONSIDERING  ANY FINDINGS OR CREDIBLE ALLEGATIONS OF CHILD
 ABUSE, DOMESTIC VIOLENCE, SERIOUS RISK AND RISK OF LETHALITY, AND  DECI-
 SIONS  AND  REPORTS IDENTIFIED IN SUBPARAGRAPH ONE OF PARAGRAPH (A-1) OF
 SUBDIVISION ONE OF SECTION TWO HUNDRED FORTY OF THIS CHAPTER.
   (IV) 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  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.
   (V) IN CASES INVOLVING DOMESTIC VIOLENCE, CHILD ABUSE OR NEGLECT, OR A
 HISTORY  OF  COERCIVE  CONTROL,  OR WHERE THE PARTIES CANNOT EFFECTIVELY
 COMMUNICATE, COOPERATE WITH EACH OTHER AND MAKE JOINT DECISIONS CONCERN-
 ING THE CHILD, OR IN CASES WHERE THERE IS AN EXISTING OR PRIOR FULL STAY
 AWAY ORDER OF PROTECTION AGAINST A PARTY OR WHEN THERE  IS  AN  EXISTING
 TEMPORARY ORDER OF PROTECTION ENTERED EX PARTE, NO ORDER OF JOINT CUSTO-
 DY  SHALL  BE  MADE WITHOUT THE CONSENT OF BOTH PARTIES. THE COURT SHALL
 NOT SUGGEST THAT IN ORDER TO RETAIN CUSTODY, A PARTY MUST AGREE TO JOINT
 CUSTODY. THE COURT SHALL NOT USE A PARTY'S REFUSAL TO CONSENT  TO  JOINT
 CUSTODY  AGAINST  SUCH PARTY WHEN MAKING ITS FINAL CUSTODY OR VISITATION
 DETERMINATION, AS DESCRIBED IN SUBDIVISION FIVE OF SECTION  TWO  HUNDRED
 FORTY-E OF THIS CHAPTER.
   (VI)  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 PARAGRAPH  A  OF
 SUBDIVISION  SIX  OF  SECTION  TWO HUNDRED FORTY-E 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 PARAGRAPH (A) OF SUBDIVISION SIX  OF  SECTION  TWO
 HUNDRED FORTY-E OF THIS CHAPTER.
   §  6.  Subdivision  (b)  of  section  651  of the family court act, as
 amended by chapter 657 of the laws  of  2003,  is  amended  to  read  as
 follows:
   (b)  (I)  When  initiated  in  the  family court, the family court has
 jurisdiction to determine, in accordance with subdivision one of section
 two hundred forty of the domestic relations law and with the same powers
 possessed by the supreme court in addition to  its  own  powers,  habeas
 corpus proceedings and proceedings brought by petition and order to show
 cause,  for  the  determination  of the custody or visitation of minors,
 including applications by a grandparent or grandparents  for  visitation
 A. 3346--B                         11
 
 or  custody  rights pursuant to section seventy-two or two hundred forty
 of the domestic relations law.
   (II)  THE FAMILY COURT SHALL, IN COLLABORATION WITH THE OFFICE FOR THE
 PREVENTION OF DOMESTIC VIOLENCE, UPDATE ITS PETITION USED BY PARTIES  TO
 INITIATE  CHILD CUSTODY AND VISITATION PROCEEDINGS IN A MANNER TO PERMIT
 PETITIONERS TO IDENTIFY FINDINGS OR ALLEGATIONS OF CHILD ABUSE, DOMESTIC
 VIOLENCE, SERIOUS RISK OR RISK OF LETHALITY TO A CHILD'S SAFETY.
   § 7. 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:
   (e) THE LEGISLATURE RECOGNIZES THAT THE SAFETY OF CHILDREN IS OF PARA-
 MOUNT IMPORTANCE AND IS AN INTEGRAL ELEMENT OF THEIR BEST INTERESTS.  TO
 THAT END, THE LEGISLATURE FINDS THAT JUDICIAL DECISIONS REGARDING CUSTO-
 DY OF, AND ACCESS TO, CHILDREN MUST ENSURE CHILDREN'S SAFETY AS A THRES-
 HOLD ISSUE.
   1.  Permanent  and  initial temporary orders of custody or visitation.
 Prior to the issuance of any permanent or  initial  temporary  order  of
 custody  or visitation, the court shall conduct a review of ANY FINDINGS
 OR CREDIBLE ALLEGATIONS OF CHILD ABUSE, DOMESTIC VIOLENCE, SERIOUS  RISK
 AND RISK OF LETHALITY TO A CHILD'S SAFETY, AND the decisions and reports
 listed  in  [paragraph  three  of  this subdivision] SUBPARAGRAPH ONE OF
 PARAGRAPH (A-1) OF SUBDIVISION ONE OF SECTION TWO HUNDRED FORTY OF  THIS
 CHAPTER.  WHEN THE PARTIES FIRST APPEAR IN COURT, THE COURT SHALL ADVISE
 THE  PARTIES BEFORE PROCEEDING OF THE RIGHT TO BE REPRESENTED BY COUNSEL
 OF THEIR OWN CHOOSING, OF THE RIGHT TO HAVE AN ADJOURNMENT OF NO  LONGER
 THAN FOURTEEN COURT DAYS TO CONFER WITH COUNSEL, AND THE RIGHT TO OBTAIN
 COUNSEL  FEES AND EXPENSES, PURSUANT TO SECTION TWO HUNDRED THIRTY-SEVEN
 OF THE DOMESTIC RELATIONS LAW. THE COURT SHALL  ASSIGN  COUNSEL  TO  THE
 PARTIES AND CHILDREN, PURSUANT TO ARTICLE TWO OF THIS CHAPTER.
   2.  Successive temporary orders of custody or visitation. Prior to the
 issuance of any successive temporary order of custody or visitation, the
 court shall conduct a review of ANY FINDINGS OR CREDIBLE ALLEGATIONS  OF
 CHILD  ABUSE, DOMESTIC VIOLENCE, SERIOUS RISK AND RISK OF LETHALITY, AND
 the decisions and reports listed in [paragraph three  of  this  subdivi-
 sion,] SUBPARAGRAPH ONE OF PARAGRAPH (A-1) OF SUBDIVISION ONE OF SECTION
 TWO  HUNDRED  FORTY  OF  THIS  CHAPTER  unless  such  a  review has been
 conducted within ninety days prior to the issuance of such order.
   3. [Decisions] FINDINGS  AND  ALLEGATIONS  OF  CHILD  ABUSE,  DOMESTIC
 VIOLENCE,  SERIOUS  RISK  OR  RISK  OF  LETHALITY, AND THE DECISIONS and
 reports for review. The court shall conduct a review of the following:
   (i) related decisions in court proceedings initiated pursuant to arti-
 cle ten of this act, and all warrants issued under this act; [and]
   (ii) WHETHER EITHER PARTY TO THE ACTION ALLEGES THAT THE  OTHER  PARTY
 TO  THE PROCEEDING HAS COMMITTED, OR HAS THREATENED TO COMMIT, AN ACT OF
 CHILD ABUSE AGAINST SUCH CHILD, OR HAS COMMITTED, OR HAS  THREATENED  TO
 COMMIT, AN ACT OF DOMESTIC VIOLENCE AGAINST THE PARTY MAKING THE ALLEGA-
 TION  OR A FAMILY OR HOUSEHOLD MEMBER OF EITHER PARTY, AS SUCH FAMILY OR
 HOUSEHOLD MEMBER IS DEFINED IN ARTICLE EIGHT OF THIS CHAPTER;
   (III) A HISTORY OF DOMESTIC VIOLENCE, CHILD ABUSE  OR  NEGLECT,  CHILD
 SEXUAL ABUSE OR INCIDENTS INVOLVING HARM, OR RISK OF HARM, TO A CHILD;
   (IV)  POLICE  REPORTS,  INCLUDING  DOMESTIC VIOLENCE INCIDENT REPORTS,
 REPORTING INCIDENTS INVOLVING CHILD ABUSE OR DOMESTIC VIOLENCE;
   (V)  FINDINGS  AND  CREDIBLE  ALLEGATIONS  OF  CHILD  ABUSE,  DOMESTIC
 VIOLENCE,  SERIOUS  RISK OR RISK OF LETHALITY, INCLUDING BUT NOT LIMITED
 TO:
   (A) AN INCREASE IN FREQUENCY OR SEVERITY OF DOMESTIC VIOLENCE;
 A. 3346--B                         12
 
   (B) USE OR THREATS TO USE A WEAPON OR DANGEROUS INSTRUMENT, OR  UNLAW-
 FUL POSSESSION OF FIREARMS;
   (C)  THREATS  TO  HARM  OR  KILL THE CHILD, THE OTHER PARTY, THE OTHER
 PARTY'S CHILDREN, SELF OR OTHERS, OR COMPANION ANIMALS;
   (D) SEXUAL ABUSE OR COERCED SEXUAL ACTIVITY  OF  THE  CHILD  OR  OTHER
 PARTY;
   (E) UNLAWFUL DISSEMINATION OR PUBLICATION OF AN INTIMATE IMAGE, PURSU-
 ANT TO SECTION 245.15 OF THE PENAL LAW;
   (F) INCIDENTS INVOLVING OBSTRUCTION OF BREATHING OR STRANGULATION;
   (G)  A  PARTY'S  PATTERN OF ALCOHOL OR SUBSTANCE ABUSE THAT PLACES THE
 CHILD AT SERIOUS RISK OR RISK OF LETHALITY;
   (H) INCIDENTS OF VIOLENCE DURING PREGNANCY;
   (I) INCIDENTS OF STALKING OR CYBER STALKING; AND
   (J) COERCIVE CONTROL, AS DEFINED IN PARAGRAPH (C) OF  SUBDIVISION  ONE
 OF SECTION TWO HUNDRED FORTY-E OF THE DOMESTIC RELATIONS LAW; AND
   (VI)  reports  of  the  statewide  computerized  registry of orders of
 protection established and maintained pursuant to  section  two  hundred
 twenty-one-a  of  the  executive  law,  and  reports of the sex offender
 registry established and maintained  pursuant  to  section  one  hundred
 sixty-eight-b of the correction law.
   4.  APPEAL.  SUCH PERMANENT AND TEMPORARY ORDERS OF CUSTODY OR VISITA-
 TION 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. A PREFERENCE IN ACCORDANCE WITH RULE FIFTY-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.   A NOTICE TO APPEAL UNDER THIS SUBDIVISION MUST BE TAKEN
 NO LATER THAN TWENTY COURT DAYS AFTER THE SERVICE  BY  A  PARTY  OR  THE
 CHILD'S  ATTORNEY  UPON THE APPELLANT OF ANY ORDER FROM WHICH THE APPEAL
 IS TAKEN, OR TWENTY COURT DAYS FROM RECEIPT OF THE ORDER BY  THE  APPEL-
 LANT  IN  COURT, WHICHEVER IS EARLIEST. EXCEPT FOR GOOD CAUSE SHOWN, THE
 APPEAL HEARING SHALL BE EXPEDITED AND HELD NO LATER  THAN  NINETY  COURT
 DAYS  FROM THE NOTICE TO APPEAL. WHENEVER AN ATTORNEY HAS BEEN APPOINTED
 TO REPRESENT A PARTY IN A PROCEEDING DESCRIBED IN  THIS  PARAGRAPH,  THE
 APPOINTMENT  SHALL  CONTINUE WITHOUT FURTHER COURT ORDER OR APPOINTMENT,
 PURSUANT TO SUBDIVISION (B) OF SECTION ELEVEN  HUNDRED  TWENTY  OF  THIS
 CHAPTER.
   5.  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.
   [5.] 6. Temporary emergency order. 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 custody or visitation in the event that  it  is  not
 possible  to  timely  review  decisions  and  reports  on  registries as
 required pursuant to paragraph three of this subdivision.
   [6.] 7. After issuing a temporary emergency  order.  After  issuing  a
 temporary  emergency  order  of  custody  or visitation, the court shall
 conduct reviews of the decisions and reports on registries  as  required
 pursuant to paragraph three of this subdivision within twenty-four hours
 A. 3346--B                         13
 
 of  the  issuance of such temporary emergency order. Should such twenty-
 four hour period fall on a day when court is not in  session,  then  the
 required  reviews shall take place the next day the court is in session.
 Upon  reviewing  decisions and reports the court shall notify associated
 counsel, self-represented parties and attorneys for children pursuant to
 paragraph [four] FIVE of this subdivision and  may  issue  temporary  or
 permanent custody or visitation orders.
   [7.]  8. Feasibility study. The commissioner of the office of children
 and family services, in conjunction with the office  of  court  adminis-
 tration,  is  hereby authorized and directed to examine, study, evaluate
 and make recommendations concerning the feasibility of  the  utilization
 of  computers  in  family  courts  which  are connected to the statewide
 central register of child abuse and maltreatment established  and  main-
 tained  pursuant  to  section  four  hundred  twenty-two  of  the social
 services law, as a means of providing  family  courts  with  information
 regarding  parties  requesting  orders  of  custody  or visitation. Such
 commissioner shall make a preliminary report to  the  governor  and  the
 legislature  of findings, conclusions and recommendations not later than
 January thirty-first, two thousand nine, and a final report of findings,
 conclusions and recommendations not later than June first, two  thousand
 nine,  and  shall  submit with the reports such legislative proposals as
 are deemed necessary to implement the commissioner's recommendations.
   § 8. 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  PURSUANT  TO  SECTION  SIX
 HUNDRED  FIFTY-ONE 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]  FIFTY-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.
   § 9. Subdivision (a) of section  249  of  the  family  court  act,  as
 amended by chapter 3 of the laws of 2012, is amended to read as follows:
   (a) In a proceeding under article three, seven, ten, ten-A or ten-C of
 this  act  or where a revocation of an adoption consent is opposed under
 section one hundred fifteen-b of the domestic relations law  or  in  any
 proceeding  under  section  three  hundred  fifty-eight-a, three hundred
 eighty-three-c, three hundred eighty-four or three hundred eighty-four-b
 of the social services law or when a minor is sought  to  be  placed  in
 protective  custody under section one hundred fifty-eight of this act or
 in any proceeding where a minor is detained under  or  governed  by  the
 interstate  compact  for  juveniles established pursuant to section five
 hundred one-e of the executive law, the family court  shall  appoint  an
 attorney  to  represent  a minor who is the subject of the proceeding or
 who is sought to be placed in protective custody, if  independent  legal
 representation  is  not  available  to  such minor. In any proceeding to
 A. 3346--B                         14
 
 extend or continue the placement of a juvenile delinquent or  person  in
 need of supervision pursuant to section seven hundred fifty-six or 353.3
 of  this act or any proceeding to extend or continue a commitment to the
 custody  of  the  commissioner  of  mental health or the commissioner of
 people with developmental disabilities pursuant to section 322.2 of this
 act, the court shall not permit the respondent to waive the right to  be
 represented by counsel chosen by the respondent, respondent's parent, or
 other  person  legally  responsible  for  the  respondent's  care, or by
 assigned counsel. In any proceeding under article ten-B of this act, the
 family court shall appoint an attorney to represent a youth,  under  the
 age  of twenty-one, who is the subject of the proceeding, if independent
 legal representation is not available to such youth.  IN ANY  PROCEEDING
 UNDER  ARTICLE  SIX  OF THIS ACT, THE COURT SHALL APPOINT AN ATTORNEY TO
 REPRESENT THE CHILD WHEN CREDIBLE ALLEGATIONS OF  SERIOUS  RISK  TO  THE
 CHILD'S  SAFETY  HAVE  BEEN  MADE.  In any other proceeding in which the
 court has jurisdiction, the court may appoint an attorney  to  represent
 the  child,  when, in the opinion of the family court judge, such repre-
 sentation will serve the purposes of  this  act,  if  independent  legal
 counsel  is  not  available  to  the  child. The family court on its own
 motion may make such appointment.
   § 10. Subdivision (a) of section 249  of  the  family  court  act,  as
 amended  by  chapter  672  of  the  laws  of 2019, is amended to read as
 follows:
   (a) In a proceeding under article three, seven, ten, ten-A or ten-C of
 this act or where a revocation of an adoption consent is  opposed  under
 section  one  hundred  fifteen-b of the domestic relations law or in any
 proceeding under section  three  hundred  fifty-eight-a,  three  hundred
 eighty-three-c, three hundred eighty-four or three hundred eighty-four-b
 of  the  social  services  law or when a minor is sought to be placed in
 protective custody under section one hundred fifty-eight  of  this  act,
 the  family  court shall appoint an attorney to represent a minor who is
 the subject of the proceeding or who is sought to be placed  in  protec-
 tive  custody,  if  independent legal representation is not available to
 such minor. In any proceeding to extend or continue the placement  of  a
 juvenile delinquent or person in need of supervision pursuant to section
 seven hundred fifty-six or 353.3 of this act or any proceeding to extend
 or  continue  a  commitment to the custody of the commissioner of mental
 health or the commissioner of the office for people  with  developmental
 disabilities  pursuant to section 322.2 of this act, the court shall not
 permit the respondent to waive the right to be  represented  by  counsel
 chosen  by  the respondent, respondent's parent, or other person legally
 responsible for the respondent's care, or by assigned  counsel.  In  any
 proceeding  under  article  ten-B  of  this  act, the family court shall
 appoint an attorney to represent a youth, under the age  of  twenty-one,
 who  is  the  subject  of the proceeding, if independent legal represen-
 tation is not available to such youth.  IN ANY PROCEEDING UNDER  ARTICLE
 SIX  OF  THIS  ACT, THE COURT SHALL APPOINT AN ATTORNEY TO REPRESENT THE
 CHILD WHEN CREDIBLE ALLEGATIONS OF SERIOUS RISK TO  THE  CHILD'S  SAFETY
 HAVE BEEN MADE. In any other proceeding in which the court has jurisdic-
 tion, the court may appoint an attorney to represent the child, when, in
 the  opinion  of  the family court judge, such representation will serve
 the purposes of this act, if independent legal counsel is not  available
 to  the child. The family court on its own motion may make such appoint-
 ment.
   § 11. This act shall take effect on  the  one  hundred  twentieth  day
 after it shall have become a law; provided, however, that the amendments
 A. 3346--B                         15
 
 to  subdivision  (a)  of  section  249  of  the family court act made by
 section nine of this act shall be subject to the expiration  and  rever-
 sion of such subdivision pursuant to section 8 of chapter 29 of the laws
 of  2011,  as amended, when upon such date the provisions of section ten
 of this act shall take  effect.  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 and completed on or before such effective date.