Assembly Bill A7680

2023-2024 Legislative Session

Relates to orders of protection in child abuse and neglect proceedings in family court

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Children And Families Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-A7680 (ACTIVE) - Details

See Senate Version of this Bill:
S7446
Current Committee:
Senate Children And Families
Law Section:
Family Court Act
Laws Affected:
Amd §1056, Fam Ct Act

2023-A7680 (ACTIVE) - Summary

Relates to orders of protection in child abuse and neglect proceedings in family court.

2023-A7680 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7680
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 5, 2023
                                ___________
 
 Introduced  by  M.  of  A. McMAHON -- (at request of the Office of Court
   Administration) -- read once and referred to the Committee on Children
   and Families
 
 AN ACT to  amend  the  family  court  act,  in  relation  to  orders  of
   protection in child abuse and neglect proceedings in family court

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph of subdivision 1 of section  1056  of
 the  family court act, as amended by chapter 526 of the laws of 2013, is
 amended to read as follows:
   The court may [make] ISSUE an order of protection in assistance or  as
 a  condition  of  any  other  order  made under this part. Such order of
 protection shall remain in effect concurrently  with,  shall  expire  no
 later  than  the  expiration  date  of, and may be extended concurrently
 with, such other order made under  this  part,  except  as  provided  in
 subdivision  four  AND  SUBDIVISION FOUR-A of this section. The order of
 protection may  set  forth  reasonable  conditions  of  behavior  to  be
 observed for a specified time by a person who is before the court and is
 a  parent  or  a  person legally responsible for the child's care or the
 spouse of the parent or other person legally responsible for the child's
 care, or both. Such an order may require any such person:
   § 2. Section 1056 of the family court act is amended by adding  a  new
 subdivision 4-a to read as follows:
   4-A.  THE  COURT MAY ISSUE AN ORDER OF PROTECTION AGAINST A PERSON WHO
 WAS A MEMBER OF THE CHILD'S HOUSEHOLD OR A PERSON LEGALLY RESPONSIBLE AS
 DEFINED IN SECTION ONE THOUSAND TWELVE OF THIS ARTICLE AND WHO IS NOT  A
 PARENT  OF  THE  CHILD, INDEPENDENTLY OF ANY OTHER ORDER MADE UNDER THIS
 PART WHICH MAY CONTAIN ANY PROVISION AUTHORIZED UNDER SUBDIVISION ONE OF
 THIS SECTION. SUCH ORDER OF PROTECTION ISSUED  UNDER  THIS  SECTION  MAY
 REMAIN  IN EFFECT FOR A PERIOD OF UP TO TWO YEARS OR, IF THE COURT FINDS
 SPECIAL CIRCUMSTANCES, A PERIOD OF UP TO FIVE  YEARS.  FOR  PURPOSES  OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08978-01-3

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