S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3170
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2023
                                ___________
 
 Introduced   by   Sens.   SKOUFIS,  BORRELLO,  CLEARE,  COMRIE,  COONEY,
   GOUNARDES, HARCKHAM, KRUEGER, PALUMBO, RAMOS, SEPULVEDA, WEIK --  read
   twice  and  ordered  printed,  and when printed to be committed 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-
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06231-01-3
 S. 3170                             2
              

 
 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
 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-
 S. 3170                             3

 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.
   (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.
 S. 3170                             4
 
   (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-
 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
 S. 3170                             5
 
 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
 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
 S. 3170                             6
 
   (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;
   (8) THE INVESTIGATION PROCESS ONCE A LAW ENFORCEMENT AGENCY OR A LOCAL
 DEPARTMENT OF SOCIAL SERVICES HAS RECEIVED A REPORT OF  SUSPECTED  CHILD
 S. 3170                             7
 
 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.
 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
 S. 3170                             8

 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-1) OF SUBDIVISION ONE OF SECTION TWO HUNDRED FORTY  OF  THE  DOMESTIC
 RELATIONS LAW.
 S. 3170                             9
 
   (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
 ________________________________________________________________________
 
                                  3170--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2023
                                ___________
 
 Introduced  by Sens. SKOUFIS, ADDABBO, ASHBY, BORRELLO, BRESLIN, CANZON-
   ERI-FITZPATRICK, CHU, CLEARE,  COMRIE,  COONEY,  GOUNARDES,  HARCKHAM,
   HINCHEY,  HOYLMAN-SIGAL,  KENNEDY,  KRUEGER,  MARTINS,  MATTERA,  MAY,
   MAYER, MURRAY,  MYRIE,  OBERACKER,  O'MARA,  PALUMBO,  RAMOS,  RHOADS,
   RIVERA,  ROLISON,  SCARCELLA-SPANTON,  SEPULVEDA, WEBB, WEBER, WEIK --
   read twice and ordered printed, and when printed to  be  committed  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 Senate
   Rule  6,  sec.  8  --  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.
   §  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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06231-09-4
              

 S. 3170--B                          2
 
 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
 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
 S. 3170--B                          3
 
 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 the deci-
 sions and reports listed in subparagraph three of this paragraph.
 S. 3170--B                          4

   (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;
   (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
 S. 3170--B                          5
 
   (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-
 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.
 S. 3170--B                          6
 
   [(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.
   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
 S. 3170--B                          7
 
 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
 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.
 S. 3170--B                          8
 
   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:
   (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;
 S. 3170--B                          9
 
   (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-
 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
 S. 3170--B                         10
 
 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
 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.
 S. 3170--B                         11
 
   § 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;
   (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;
 S. 3170--B                         12
 
   (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
 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
 S. 3170--B                         13
 
 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
 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
 S. 3170--B                         14
 
 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
 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,
 S. 3170--B                         15
 
 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.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3170--C
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2023
                                ___________
 
 Introduced  by Sens. SKOUFIS, ADDABBO, ASHBY, BORRELLO, BRESLIN, CANZON-
   ERI-FITZPATRICK, CHU, CLEARE,  COMRIE,  COONEY,  GOUNARDES,  HARCKHAM,
   HINCHEY,  HOYLMAN-SIGAL,  KRUEGER,  MARTINEZ,  MARTINS,  MATTERA, MAY,
   MAYER, MURRAY,  MYRIE,  OBERACKER,  O'MARA,  PALUMBO,  RAMOS,  RHOADS,
   RIVERA,  ROLISON,  SCARCELLA-SPANTON,  SEPULVEDA, WEBB, WEBER, WEIK --
   read twice and ordered printed, and when printed to  be  committed  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 Senate
   Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
   reprinted  as  amended  and recommitted to said committee -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the domestic relations law, the family court act and the
   civil practice law and rules, 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 SHALL PROMOTE THE SAFETY OF CHILDREN AS A THRES-
 HOLD 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 amended by chapter 295 of  the  laws
 of 2009, are amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06231-13-4
 S. 3170--C                          2
              

 
   (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 ELIGIBLE PARTIES AND CHILDREN,  PURSUANT  TO
 ARTICLE  TWO OF THE FAMILY COURT ACT AND SUBDIVISIONS SEVEN AND EIGHT OF
 SECTION THIRTY-FIVE OF THE JUDICIARY  LAW.  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-peti-
 tion,  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] SHALL 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 direc-
 tion 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 proceed-
 ing  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 arti-
 cle 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] SHALL determine custody or  visitation  in  accordance  with  the
 terms of this section.
 S. 3170--C                          3
 
   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]  SHALL  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  chap-
 ter,  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
 S. 3170--C                          4
 
 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
 of]  PROMPT EVIDENTIARY HEARING. UPON THE APPLICATION OF ANY PARTY TO AN
 ACTION CONCERNING CUSTODY OF OR VISITATION WITH A CHILD, OR OF AN ATTOR-
 NEY FOR THE  CHILD,  ASSERTING  CREDIBLE  ALLEGATIONS  OF  INCIDENTS  OR
 THREATS  OF  DOMESTIC  VIOLENCE,  CHILD  ABUSE OR CHILD NEGLECT THAT, IF
 TRUE, WOULD POSE A SERIOUS OR IMMINENT 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 OR THREATENED TO COMMIT
 DOMESTIC VIOLENCE, CHILD ABUSE OR CHILD NEGLECT ARE NECESSARY  TO  AVOID
 SERIOUS  OR  IMMINENT  RISK TO THE CHILD'S SAFETY. EXCEPT FOR GOOD CAUSE
 SHOWN, THE HEARING FOR SUCH DETERMINATION SHALL COMMENCE  WITHIN  TWENTY
 COURT  DAYS OF THE APPLICATION FOR SUCH HEARING.  THE COURT SHALL REMIND
 THE PARTIES OF THEIR RIGHT TO THE ASSISTANCE OF COUNSEL FOR  THE  PROMPT
 EVIDENTIARY  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  APPLICATION  UNDER  THIS
 SECTION  MAY BE MADE AT ANY TIME DURING THE PENDENCY OF THE PROCEEDINGS.
 AFTER A HEARING HAS BEEN HELD PURSUANT TO THIS PROVISION,  A  PARTY  MAY
 REQUEST  A  SUBSEQUENT PROMPT EVIDENTIARY HEARING DURING THE PENDENCY OF
 LITIGATION FOR GOOD CAUSE SHOWN.  DURING A PROMPT  EVIDENTIARY  HEARING,
 THE COURT SHALL CONSIDER the following, IF AVAILABLE:
   (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)  ANY  PARTY'S  HISTORY OF DOMESTIC VIOLENCE, CHILD ABUSE OR CHILD
 NEGLECT, CHILD SEXUAL ABUSE OR INCIDENTS INVOLVING HARM TO A  CHILD,  OR
 SERIOUS OR IMMINENT RISK TO THE CHILD'S SAFETY;
   (III)  POLICE REPORTS, INCLUDING DOMESTIC VIOLENCE INCIDENT REPORTS OR
 REPORTING OF INCIDENTS INVOLVING CHILD ABUSE, CHILD NEGLECT OR  DOMESTIC
 VIOLENCE BY A PARTY;
   (IV)  EVIDENCE  AND  FINDINGS  OF CHILD ABUSE, CHILD NEGLECT, DOMESTIC
 VIOLENCE, OR SERIOUS OR IMMINENT RISK TO THE CHILD'S  SAFETY,  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 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;
   (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;
 S. 3170--C                          5
 
   (G) ANY PARTY'S PATTERN OF ALCOHOL OR SUBSTANCE ABUSE THAT POSES SERI-
 OUS OR IMMINENT RISK TO THE CHILD'S SAFETY;
   (H) INCIDENTS OF VIOLENCE DURING PREGNANCY;
   (I) INCIDENTS OF STALKING OR CYBER STALKING; AND
   (J)  COERCIVE  CONTROL, AS DEFINED IN PARAGRAPH (B) 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, CHILD NEGLECT, DOMESTIC
 VIOLENCE,  OR  SERIOUS  OR  IMMINENT RISK TO THE CHILD'S SAFETY, AND THE
 DECISIONS 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
 OR IMMINENT RISK TO THE CHILD'S SAFETY.
   (I)  THERE  SHALL BE A REBUTTABLE PRESUMPTION THAT THE COURT SHALL NOT
 AWARD, IN A TEMPORARY ORDER OF CUSTODY  OR  VISITATION,  SOLE  OR  JOINT
 CUSTODY  OR  VISITATION  THAT  IS  UNSUPERVISED  OR  WITHOUT  SUFFICIENT
 PROTECTIONS OF THE CHILD'S SAFETY TO A PARTY  WHO  POSES  A  SERIOUS  OR
 IMMINENT RISK TO THE CHILD'S SAFETY.
   (II)  THE  COURT  SHALL  STATE IN WRITING ANY FINDINGS OF CHILD ABUSE,
 CHILD NEGLECT, DOMESTIC VIOLENCE, OR SERIOUS OR  IMMINENT  RISK  TO  THE
 CHILD'S  SAFETY,  AND  THE  FACTORS, DECISIONS AND REPORTS CONSIDERED IN
 MAKING SUCH FINDINGS AND THE REASONS FOR THE LIMITATIONS OR RESTRICTIONS
 PLACED ON A PARTY'S CUSTODY, VISITATION  OR  CONTACT  WITH  SUCH  CHILD.
 WHEN  A  PROMPT  EVIDENTIARY  HEARING HAS BEEN HELD REGARDING SERIOUS OR
 IMMINENT RISK TO THE CHILD'S SAFETY AND  THE  COURT  HAS  RENDERED  SUCH
 DECISION, THE PARTIES SHALL BE NOTIFIED OF THEIR RIGHT TO APPEAL.
   (III)  IN ADDITION TO THE RIGHT OF APPEAL REGARDING A FINAL ORDER, ANY
 PARTY OR THE ATTORNEY FOR THE CHILD IN  A  PROCEEDING  FOR  A  TEMPORARY
 ORDER  OF CUSTODY OR VISITATION PURSUANT TO THIS SUBPARAGRAPH IN WHICH A
 PROMPT EVIDENTIARY HEARING HAS BEEN HELD REGARDING IMMINENT RISK TO  THE
 CHILD'S SAFETY PURSUANT TO THE PROVISIONS OF THIS PARAGRAPH SHALL HAVE A
 RIGHT  TO  APPEAL  THE GRANTING OR DENIAL OF THE TEMPORARY ORDER, OR THE
 TERMS OF SUCH ORDER, TO THE APPROPRIATE APPELLATE  DIVISION.  AN  APPEAL
 UNDER  THIS  SUBPARAGRAPH  SHALL  BE GIVEN A PREFERENCE PURSUANT TO RULE
 FIVE THOUSAND FIVE HUNDRED TWENTY-ONE OF  THE  CIVIL  PRACTICE  LAW  AND
 RULES.
   A  NOTICE  OF APPEAL REGARDING THE GRANTING OR DENIAL OF THE TEMPORARY
 ORDER, OR THE TERMS OF SUCH ORDER,  BY  THE  SUPREME  COURT  UNDER  THIS
 SUBPARAGRAPH  SHALL  BE  FILED  IN  ACCORDANCE  WITH  SUBDIVISION (A) OF
 SECTION FIVE THOUSAND FIVE HUNDRED THIRTEEN OF THE  CIVIL  PRACTICE  LAW
 AND  RULES.  A  NOTICE OF APPEAL REGARDING THE GRANTING OR DENIAL OF THE
 TEMPORARY ORDER, OR THE TERMS OF SUCH ORDER, BY  A  FAMILY  COURT  UNDER
 THIS  SUBDIVISION  SHALL  BE  FILED  NO LATER THAN THIRTY 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 RECEIPT OF THE ORDER IN COURT OR
 THIRTY-FIVE DAYS FROM MAILING OR ELECTRONIC TRANSMISSION OF THE ORDER BY
 THE COURT, WHICHEVER IS EARLIEST.
   PENDING  THE  DETERMINATION  OF SUCH APPEAL, THE APPELLATE DIVISION IN
 WHICH THE APPEAL IS PENDING MAY STAY THE ORDER  ON  APPEAL  PURSUANT  TO
 S. 3170--C                          6
 
 SUBDIVISION  (C)  OF  SECTION FIVE THOUSAND FIVE HUNDRED NINETEEN OF THE
 CIVIL PRACTICE LAW AND RULES WHERE SUCH COURT DETERMINES THAT THE EFFECT
 OF THE ORDER ON APPEALS CREATES AN IMMINENT RISK TO THE  SAFETY  OF  THE
 CHILD  AND THAT A STAY IS NECESSARY TO AVOID SUCH RISK. THE PARTY APPLY-
 ING FOR THE STAY SHALL NOTIFY THE ATTORNEYS  FOR  ALL  PARTIES  AND  THE
 ATTORNEY  FOR  THE  CHILD OF THE TIME AND PLACE OF SUCH APPLICATION. THE
 PARTY APPLYING FOR THE STAY SHALL STATE IN THE APPLICATION THE ERRORS OF
 FACT OR LAW ALLEGEDLY COMMITTED BY THE TRIAL COURT. A PARTY APPLYING  TO
 THE  APPELLATE  DIVISION FOR THE STAY SHALL MAKE EVERY REASONABLE EFFORT
 TO OBTAIN A COMPLETE TRANSCRIPT OF THE PROCEEDING BEFORE THE TRIAL COURT
 IN ACCORDANCE WITH THE RULES OF THE APPLICABLE APPELLATE DIVISION.
   (IV) 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-
 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:
 S. 3170--C                          7
 
   § 240-E. CUSTODY AND VISITATION; SAFETY OF THE CHILD.  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  LEGISLA-
 TURE  FINDS THAT JUDICIAL DECISIONS REGARDING CUSTODY OF, AND ACCESS TO,
 CHILDREN  SHALL  PROMOTE THE SAFETY OF CHILDREN AS A THRESHOLD ISSUE. 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) "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.
   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 OR EMOTIONAL HARM TO SUCH CHILD.    IN  MAKING  SUCH
 FINAL DETERMINATIONS, THE COURT, IF POSSIBLE, SHOULD CONSIDER:
   (A) WHICH PARTY IS MORE LIKELY TO PROTECT THE SAFETY OF THE CHILD, AND
 WHETHER  ANY PARTY POSES A SERIOUS OR IMMINENT RISK TO THE SAFETY OF THE
 CHILD;
   (B) WHETHER ANY PARTY TO THE PROCEEDING HAS COMMITTED, OR HAS  THREAT-
 ENED  TO  COMMIT,  AN  ACT  OF  CHILD ABUSE OR CHILD NEGLECT AGAINST THE
 CHILD, OR HAS COMMITTED OR THREATENED  TO  COMMIT  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  MEMBER  IS
 DEFINED IN ARTICLE EIGHT OF THE FAMILY COURT ACT;
   (C)  ANY  PARTY'S  HISTORY  OF DOMESTIC VIOLENCE, CHILD ABUSE OR CHILD
 NEGLECT, CHILD SEXUAL ABUSE OR INCIDENTS INVOLVING HARM TO  A  CHILD  OR
 SERIOUS OR IMMINENT RISK TO THE CHILD'S SAFETY;
 S. 3170--C                          8
 
   (D)  POLICE  REPORTS,  INCLUDING DOMESTIC VIOLENCE INCIDENT REPORTS OR
 REPORTING OF INCIDENTS INVOLVING CHILD ABUSE, CHILD NEGLECT OR  DOMESTIC
 VIOLENCE BY A PARTY;
   (E)  EVIDENCE  AND  FINDINGS  OR  ALLEGATIONS  OF  CHILD  ABUSE, CHILD
 NEGLECT, DOMESTIC VIOLENCE, OR SERIOUS OR IMMINENT RISK TO  THE  CHILD'S
 SAFETY, 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 OTHER SEXUAL OFFENSES AGAINST 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)  ANY  PARTY'S  PATTERN  OF ALCOHOL OR SUBSTANCE ABUSE THAT POSES
 SERIOUS OR IMMINENT RISK TO THE CHILD'S SAFETY;
   (VIII) INCIDENTS OF VIOLENCE DURING PREGNANCY;
   (IX) INCIDENTS OF STALKING OR CYBER STALKING; AND
   (X) COERCIVE CONTROL, AS DEFINED IN PARAGRAPH (B) OF  SUBDIVISION  ONE
 OF THIS SECTION;
   (F) WHETHER ANY PARTY HAS BEEN FOUND TO HAVE COMMITTED AN ACT PURSUANT
 TO  SECTION EIGHT HUNDRED TWELVE OF THE FAMILY COURT ACT BETWEEN SPOUSES
 OR FORMER SPOUSES, OR BETWEEN PARENT AND CHILD OR BETWEEN MEMBERS OF THE
 SAME FAMILY OR HOUSEHOLD;
   (G) WHETHER ANY 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
   (H) WHICH PARTY HAS BEEN THE PRIMARY CARETAKER OF THE CHILD, PRIMARILY
 ATTENDING  TO  THE  PHYSICAL, EMOTIONAL, DEVELOPMENTAL, EDUCATIONAL, AND
 ANY SPECIAL NEEDS OF THE CHILD.
   3. THERE SHALL BE A REBUTTABLE PRESUMPTION THAT CUSTODY OR  VISITATION
 THAT  IS  UNSUPERVISED  OR  WITHOUT SUFFICIENT PROTECTION OF THE CHILD'S
 SAFETY SHALL NOT BE AWARDED TO A PARTY WHO POSES A SERIOUS  OR  IMMINENT
 RISK TO THE CHILD'S SAFETY.
   4.  (A)  IN  ANY  PROCEEDING  FOR  CUSTODY OR VISITATION WHERE A PARTY
 ASSERTS  CREDIBLE  ALLEGATIONS  OF  INCIDENTS  OR  THREATS  OF  DOMESTIC
 VIOLENCE,  CHILD  ABUSE  OR CHILD NEGLECT, THE COURT SHALL NOT FIND THAT
 THE PARTY WHO HAS MADE SUCH ALLEGATIONS HAS ALIENATED THE CHILD  AGAINST
 THE  OTHER  PARTY OR FAILED TO SUPPORT THE CHILD'S RELATIONSHIP WITH THE
 OTHER PARTY.
   (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) IN CASES INVOLVING  DOMESTIC  VIOLENCE,  COERCIVE  CONTROL,  CHILD
 ABUSE  OR  CHILD  NEGLECT,  THE  COURT  SHALL  NOT  ORDER THE CHILD TO A
 REUNIFICATION CAMP WITH A PARTY THAT POSES A SERIOUS OR IMMINENT RISK TO
 THE CHILD'S SAFETY.
 S. 3170--C                          9
 
   (D) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO CREATE AN  EXCEPTION
 TO  SECTION SEVEN HUNDRED FIFTY-THREE OF THE JUDICIARY LAW, OR ANY OTHER
 ENFORCEMENT PROVISION, SUCH THAT A PARTY MAY SEEK TO ENFORCE ANY  PROPER
 RULING  OF  THE  COURT, UNLESS STAYED, CONCERNING ACCESS TO THE CHILD OR
 CONDITIONS OF ACCESS TO THE CHILD.
   5. IN CASES INVOLVING DOMESTIC VIOLENCE, COERCIVE CONTROL, CHILD ABUSE
 OR  CHILD NEGLECT, THERE SHALL BE A REBUTTABLE PRESUMPTION THAT NO ORDER
 OF JOINT CUSTODY SHALL BE MADE. 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) THE CHIEF ADMINISTRATOR OF  THE  COURTS  SHALL  PROMULGATE  AND
 ENFORCE  RULES  MANDATING  COMPREHENSIVE  TRAINING ON DOMESTIC VIOLENCE,
 CHILD ABUSE AND CHILD NEGLECT 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  AND  SUPPLEMENTAL
 TRAINING  EVERY  TWO YEARS THEREAFTER TO REMAIN ELIGIBLE TO PRESIDE OVER
 SUCH PROCEEDINGS. SUCH TRAINING SHALL ADDRESS CURRENT KNOWLEDGE AND  LAW
 RELATING  TO  DOMESTIC VIOLENCE, CHILD ABUSE AND CHILD NEGLECT, WITH THE
 GOAL OF MAKING APPROPRIATE CUSTODY AND VISITATION DECISIONS THAT  PRIOR-
 ITIZE CHILDREN'S SAFETY AND ARE CULTURALLY SENSITIVE AND APPROPRIATE FOR
 DIVERSE COMMUNITIES. THE OFFICE OF COURT ADMINISTRATION, IN CONSULTATION
 WITH  THE  OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE, SHALL DEVELOP
 AND CONDUCT SUCH TRAINING, WHICH SHALL BE REVIEWED AND UPDATED AT  LEAST
 ONCE  EVERY  TWO YEARS.  SUCH TRAINING SHALL INCLUDE, BUT NOT BE LIMITED
 TO:
   (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 CONSIDER SERIOUS AND IMMINENT  RISK  TO  A  CHILD  OR  SUCH
 CHILD'S PARENT, PURSUANT TO SUBDIVISION ONE OF SECTION TWO HUNDRED FORTY
 OF  THIS ARTICLE FOR THE PURPOSE OF ISSUING A TEMPORARY ORDER OF CUSTODY
 OR VISITATION;
   (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.
 S. 3170--C                         10
 
   §  5.  Section 70 of the domestic relations law, as amended by chapter
 457 of the laws of 1988, is amended to read as follows:
   § 70. Habeas corpus for child detained by parent.  (a) 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 LEGISLA-
 TURE FINDS THAT JUDICIAL DECISIONS REGARDING CUSTODY OF, AND ACCESS  TO,
 CHILDREN SHALL PROMOTE THE SAFETY OF CHILDREN AS A THRESHOLD ISSUE.
   (B)(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.
 [(b)] 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, CHILD NEGLECT, DOMESTIC VIOLENCE, OR SERIOUS OR IMMINENT
 RISK TO THE CHILD'S SAFETY, 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 ISSUANCE OF SUCH ORDER.
   (II)  WHEN  ISSUING  ANY TEMPORARY ORDER OF CUSTODY OR VISITATION, THE
 COURT SHALL STATE IN WRITING ANY FINDINGS OF CHILD ABUSE, CHILD NEGLECT,
 DOMESTIC VIOLENCE, OR SERIOUS OR IMMINENT RISK TO  THE  CHILD'S  SAFETY,
 AND  THE  FACTORS, DECISIONS AND REPORTS CONSIDERED IN MAKING SUCH FIND-
 INGS, AND THE REASONS FOR ANY LIMITATIONS OR RESTRICTIONS  PLACED  ON  A
 PARTY'S CUSTODY, VISITATION OR CONTACT WITH SUCH CHILD. ANY PARTY OR THE
 ATTORNEY  FOR THE CHILD IN A PROCEEDING FOR A TEMPORARY ORDER IN WHICH A
 PROMPT EVIDENTIARY HEARING HAS BEEN HELD REGARDING IMMINENT RISK TO  THE
 CHILD'S  SAFETY 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 OR EMOTIONAL HARM TO SUCH CHILD AND SHALL BE ASSESSED BY
 CONSIDERING  ANY  FINDINGS OR CREDIBLE ALLEGATIONS OF CHILD ABUSE, CHILD
 NEGLECT, DOMESTIC VIOLENCE, OR SERIOUS OR IMMINENT RISK TO  THE  CHILD'S
 SAFETY,  AND  DECISIONS  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
 S. 3170--C                         11
 
 PARTY  IS  MARRIED, WAS FORMERLY MARRIED OR HAS EVER BEEN MARRIED TO THE
 OTHER PARTY OR ANYONE ELSE.
   (V)  IN  CASES  INVOLVING  DOMESTIC  VIOLENCE, COERCIVE CONTROL, CHILD
 ABUSE OR CHILD NEGLECT, THERE SHALL BE A REBUTTABLE PRESUMPTION THAT  NO
 ORDER  OF  JOINT CUSTODY SHALL BE MADE. 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  DETERMI-
 NATION,  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
 THEREAFTER TO REMAIN  ELIGIBLE  TO  PRESIDE  OVER  SUCH  PROCEEDINGS  AS
 DESCRIBED  PURSUANT  TO  PARAGRAPH (A) OF SUBDIVISION SIX OF SECTION TWO
 HUNDRED FORTY-E OF THIS CHAPTER.
   (C) Any order under this section which applies to rights of visitation
 with a child remanded or placed in the care of a person, official, agen-
 cy 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 the
 provisions of part eight of article ten  of  such  act,  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
 or  official  having care and custody, or temporary care and custody, of
 such child.
   § 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
 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,  CHILD
 NEGLECT,  DOMESTIC  VIOLENCE,  OR  SERIOUS OR IMMINENT RISK 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 SHALL PROMOTE THE SAFETY OF CHILDREN AS A
 THRESHOLD ISSUE.
 S. 3170--C                         12
 
   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 the decisions
 and  reports  listed  in  paragraph  three  of this subdivision.] 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,  ASSERTING  CREDIBLE  ALLEGATIONS OF INCIDENTS OR THREATS OF
 DOMESTIC VIOLENCE, CHILD ABUSE OR CHILD NEGLECT THAT,   IF  TRUE,  WOULD
 POSE  A  SERIOUS  OR IMMINENT 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 OR THREATENED TO COMMIT  DOMESTIC
 VIOLENCE, CHILD ABUSE OR CHILD NEGLECT ARE NECESSARY TO AVOID SERIOUS OR
 IMMINENT  RISK  TO  THE  CHILD'S  SAFETY, PURSUANT TO PARAGRAPH (A-1) OF
 SUBDIVISION ONE OF SECTION TWO HUNDRED FORTY  AND  SECTION  TWO  HUNDRED
 FORTY-E  OF THE DOMESTIC RELATIONS LAW. 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 ELIGIBLE PARTIES AND CHILDREN, PURSU-
 ANT TO ARTICLE TWO OF THIS CHAPTER AND SUBDIVISIONS SEVEN AND  EIGHT  OF
 SECTION THIRTY-FIVE OF THE JUDICIARY LAW.
   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
 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, CHILD NEGLECT,
 DOMESTIC VIOLENCE, AND SERIOUS OR IMMINENT RISK TO A CHILD'S SAFETY, AND
 THE DECISIONS and reports for review. The court shall conduct  a  review
 of the following, IF AVAILABLE:
   (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  ANY PARTY TO THE ACTION ALLEGES THAT THE OTHER PARTY TO
 THE PROCEEDING HAS COMMITTED, OR HAS THREATENED TO  COMMIT,  AN  ACT  OF
 CHILD ABUSE OR CHILD NEGLECT AGAINST THE CHILD, OR HAS COMMITTED, OR HAS
 THREATENED  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 THIS
 CHAPTER;
   (III) ANY PARTY'S HISTORY OF DOMESTIC VIOLENCE, CHILD ABUSE  OR  CHILD
 NEGLECT,  CHILD  SEXUAL ABUSE OR INCIDENTS INVOLVING HARM TO A CHILD, OR
 SERIOUS OR IMMINENT RISK TO A CHILD'S SAFETY;
   (IV) POLICE REPORTS, INCLUDING DOMESTIC VIOLENCE INCIDENT REPORTS,  OR
 REPORTING  OF INCIDENTS INVOLVING CHILD ABUSE, CHILD NEGLECT OR DOMESTIC
 VIOLENCE BY A PARTY;
   (V) EVIDENCE, FINDINGS AND CREDIBLE ALLEGATIONS OF CHILD ABUSE,  CHILD
 NEGLECT,  DOMESTIC  VIOLENCE,  OR  SERIOUS OR IMMINENT RISK TO A CHILD'S
 SAFETY, 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  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;
 S. 3170--C                         13
 
   (D) SEXUAL ABUSE OR OTHER SEXUAL OFFENSES AGAINST 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) ANY PARTY'S PATTERN OF ALCOHOL OR SUBSTANCE ABUSE THAT POSES SERI-
 OUS OR IMMINENT RISK TO THE CHILD'S SAFETY;
   (H) INCIDENTS OF VIOLENCE DURING PREGNANCY;
   (I) INCIDENTS OF STALKING OR CYBER STALKING; AND
   (J)  COERCIVE  CONTROL, AS DEFINED IN PARAGRAPH (B) 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.
   3. APPEAL. IN ADDITION TO THE RIGHT OF APPEAL REGARDING A FINAL ORDER,
 ANY PARTY OR THE ATTORNEY FOR THE CHILD IN A PROCEEDING FOR A  TEMPORARY
 ORDER  OF  CUSTODY  OR  VISITATION PURSUANT TO THIS PARAGRAPH IN WHICH A
 PROMPT EVIDENTIARY HEARING HAS BEEN HELD REGARDING IMMINENT RISK TO  THE
 CHILD'S SAFETY BY REASON OF A FAMILY OFFENSE OR CHILD MALTREATMENT IN AN
 APPLICATION  FOR A PERMANENT OR TEMPORARY ORDER OF CUSTODY OR VISITATION
 SHALL HAVE A RIGHT TO APPEAL THE GRANTING OR  DENIAL  OF  THE  TEMPORARY
 ORDER,  OR  THE  TERMS OF SUCH ORDER, TO THE APPROPRIATE APPELLATE DIVI-
 SION. AN APPEAL UNDER THIS SUBPARAGRAPH  SHALL  BE  GIVEN  A  PREFERENCE
 PURSUANT  TO  RULE  FIVE  THOUSAND  FIVE HUNDRED TWENTY-ONE OF THE CIVIL
 PRACTICE LAW AND RULES.
   A NOTICE OF APPEAL REGARDING THE GRANTING OR DENIAL OF  THE  TEMPORARY
 ORDER,  OR  THE  TERMS  OF  SUCH  ORDER, BY THE SUPREME COURT UNDER THIS
 SUBDIVISION SHALL BE FILED IN ACCORDANCE WITH SUBDIVISION (A) OF SECTION
 FIVE THOUSAND FIVE HUNDRED THIRTEEN OF THE CIVIL PRACTICE LAW AND RULES.
 A NOTICE OF APPEAL REGARDING THE GRANTING OR  DENIAL  OF  THE  TEMPORARY
 ORDER, OR THE TERMS OF SUCH ORDER, BY A FAMILY COURT UNDER THIS SUBDIVI-
 SION  SHALL  BE  FILED  NO LATER THAN THIRTY 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 RECEIPT OF THE ORDER IN COURT OR THIRTY-FIVE DAYS
 FROM MAILING OR ELECTRONIC TRANSMISSION  OF  THE  ORDER  BY  THE  COURT,
 WHICHEVER IS EARLIEST.
   PENDING  THE  DETERMINATION  OF SUCH APPEAL, THE APPELLATE DIVISION IN
 WHICH THE APPEAL IS PENDING MAY STAY THE ORDER  ON  APPEAL  PURSUANT  TO
 SUBDIVISION  (C)  OF  SECTION FIVE THOUSAND FIVE HUNDRED NINETEEN OF THE
 CIVIL PRACTICE LAW AND RULES WHERE SUCH COURT DETERMINES THAT THE EFFECT
 OF THE ORDER ON APPEALS CREATES AN IMMINENT RISK TO THE  SAFETY  OF  THE
 CHILD  AND THAT A STAY IS NECESSARY TO AVOID SUCH RISK. THE PARTY APPLY-
 ING FOR THE STAY SHALL NOTIFY THE ATTORNEYS  FOR  ALL  PARTIES  AND  THE
 ATTORNEY  FOR  THE  CHILD OF THE TIME AND PLACE OF SUCH APPLICATION. THE
 PARTY APPLYING FOR THE STAY SHALL STATE IN THE APPLICATION THE ERRORS OF
 FACT OR LAW ALLEGEDLY COMMITTED BY THE TRIAL COURT. A PARTY APPLYING  TO
 THE  APPELLATE  DIVISION FOR THE STAY SHALL MAKE EVERY REASONABLE EFFORT
 TO OBTAIN A COMPLETE TRANSCRIPT OF THE PROCEEDING BEFORE THE TRIAL COURT
 IN ACCORDANCE WITH THE RULES OF THE APPLICABLE APPELLATE DIVISION.
   4. Notifying counsel and issuing orders. Upon consideration  of  deci-
 sions  pursuant  to  article  ten  of this act, and registry reports and
 notifying counsel involved in the proceeding, or in the event of a self-
 represented party, notifying such party of the results thereof,  includ-
 S. 3170--C                         14
 
 ing  any  court  appointed  attorney for children, the court may issue a
 temporary, successive temporary or final order of custody or visitation.
   5.  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] TWO of this subdivision.
   6. After issuing a temporary emergency order. After issuing  a  tempo-
 rary  emergency  order of custody or visitation, the court shall conduct
 reviews of the decisions and reports on registries as required  pursuant
 to paragraph [three] TWO 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
 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 of this subdivision and may issue temporary or permanent
 custody or visitation orders.
   7. Feasibility study. The commissioner of the office of  children  and
 family services, in conjunction with the office of court administration,
 is  hereby  authorized and directed to examine, study, evaluate and make
 recommendations concerning the feasibility of the utilization of comput-
 ers in family courts which are connected to the statewide central regis-
 ter 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 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 recommen-
 dations 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 MAY BE TAKEN AS OF RIGHT TO THE
 APPROPRIATE APPELLATE DIVISION OF THE SUPREME COURT from an intermediate
 or final order in a case involving abuse or neglect [may be taken as  of
 right  to the appellate division of the supreme court] UNDER ARTICLE TEN
 OF THIS ACT OR FROM AN ORDER OF THE COURT  AFTER  A  PROMPT  EVIDENTIARY
 HEARING  UNDER  SECTION  SIX  HUNDRED  FIFTY-ONE  OF THIS ACT OR SECTION
 SEVENTY OR TWO HUNDRED FORTY OF THE DOMESTIC RELATIONS  LAW  DETERMINING
 AN  ALLEGATION  OF  IMMINENT  RISK TO THE CHILD'S SAFETY AND GRANTING OR
 DENYING A TEMPORARY EMERGENCY ORDER OF CUSTODY OR VISITATION.  (I) Pend-
 ing the determination of such appeal, such order shall be  stayed  where
 the  effect  of  [such]  THE  order  ON APPEAL 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] IN A CASE ALLEGING ABUSE OR NEGLECT PURSUANT
 TO ARTICLE TEN OF THIS ACT.  IN AN APPEAL FROM AN ORDER IN A CUSTODY  OR
 VISITATION  PROCEEDING  UNDER ARTICLE SIX OF THIS ACT OR SECTION SEVENTY
 OR TWO HUNDRED FORTY OF THE DOMESTIC RELATIONS LAW THAT WAS ISSUED  UPON
 S. 3170--C                         15

 A PROMPT EVIDENTIARY HEARING REGARDING AN ALLEGATION OF IMMINENT RISK TO
 A  CHILD'S  SAFETY,  THE COURT BEFORE WHICH THE APPEAL IS TAKEN MAY STAY
 THE ORDER ON APPEAL WHERE THE ORDER WOULD CAUSE AN IMMINENT RISK TO  THE
 CHILD'S  SAFETY  DURING  THE PENDENCY OF THE APPEAL AND WHERE SUCH COURT
 FINDS THAT A STAY IS NECESSARY TO AVOID SUCH  IMMINENT  RISK.    (II)  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 AND APPEALS FROM ORDERS ISSUED UNDER PART THREE OF ARTICLE
 SIX OF THIS ACT OR SECTION SEVENTY OR TWO HUNDRED FORTY OF THE  DOMESTIC
 RELATIONS  LAW UPON A PROMPT EVIDENTIARY HEARING REGARDING AN ALLEGATION
 OF IMMINENT RISK TO THE CHILD'S SAFETY.
   § 9. Subdivision (d) of section 1114  of  the  family  court  act,  as
 amended  by  chapter  41  of  the  laws  of  2010, is amended to read as
 follows:
   (d) Any party to a child protective proceeding, or  the  attorney  for
 the  child,  may apply to a justice of the appellate division for a stay
 of an order issued pursuant to part two of article ten of  this  chapter
 returning  a  child to the custody of a respondent.  SUCH AN APPLICATION
 MAY ALSO BE MADE IN ACCORDANCE WITH SECTION  ONE  THOUSAND  ONE  HUNDRED
 TWELVE  OF  THIS  ACT  OR  SUBDIVISION (C) OF SECTION FIVE THOUSAND FIVE
 HUNDRED NINETEEN OF THE CIVIL PRACTICE LAW AND RULES  TO  STAY  A  COURT
 ORDER  OF  CUSTODY  OR  VISITATION  PURSUANT TO THIS ACT OR THE DOMESTIC
 RELATIONS LAW WHERE THE ORDER ON APPEAL WOULD CAUSE AN IMMINENT RISK  TO
 THE CHILD'S SAFETY AND WHERE THE COURT BEFORE WHICH SUCH APPEAL IS PEND-
 ING FINDS THAT SUCH A STAY IS NECESSARY TO AVOID SUCH IMMINENT RISK. The
 party  applying  for the stay shall notify the attorneys for all parties
 and the attorney for the child of the time and place  of  such  applica-
 tion.  If  requested by any party present, oral argument shall be had on
 the application, except for good cause stated upon the record. The party
 applying for the stay shall state in the application the errors of  fact
 or law allegedly committed by the [family] TRIAL court. A party applying
 to  the  [court]  APPELLATE DIVISION for the granting or continuation of
 such stay shall make every reasonable effort to obtain a complete  tran-
 script  of  the proceeding before the [family] TRIAL court IN ACCORDANCE
 WITH THE RULES OF THE APPLICABLE APPELLATE DIVISION.
   § 10. 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
 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
 S. 3170--C                         16

 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 OR IMMINENT
 RISK TO THE CHILD'S SAFETY HAVE BEEN MADE. In any  other  proceeding  in
 which  the court has jurisdiction, INCLUDING ALL PROCEEDINGS UNDER ARTI-
 CLE SIX OF THIS ACT, the court may appoint an attorney to represent  the
 child,  when,  in  the opinion of the family court judge, such represen-
 tation 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.
   §  11.  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  OR IMMINENT RISK TO THE
 CHILD'S SAFETY HAVE BEEN MADE. In any  other  proceeding  in  which  the
 court  has  jurisdiction, INCLUDING ALL PROCEEDINGS UNDER ARTICLE SIX OF
 THIS ACT, 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
 appointment.
 S. 3170--C                         17
 
   § 12. Subdivision (b) of rule 5521  of  the  civil  practice  law  and
 rules, as amended by chapter 707 of the laws of 2019, is amended to read
 as follows:
   (b) Consistent with the provisions of section one thousand one hundred
 twelve  of  the  family  court  act,  appeals  from orders, judgments or
 decrees in proceedings brought pursuant to articles  three,  seven,  ten
 and  ten-A and parts one and two of article six of the family court act,
 and pursuant to 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, and  pursuant  to  paragraph  (d)  of
 subdivision  four  and subparagraph (ii) of paragraph (d) of subdivision
 five of section eighty-nine of the public officers law, AND APPEALS FROM
 ORDERS ISSUED UNDER PART THREE OF ARTICLE SIX OF THE FAMILY COURT ACT OR
 SECTION SEVENTY OR TWO HUNDRED FORTY OF THE DOMESTIC RELATIONS LAW  UPON
 A PROMPT EVIDENTIARY HEARING REGARDING AN ALLEGATION OF IMMINENT RISK TO
 A  CHILD'S  SAFETY  shall  be given preference and may be brought on for
 argument on such terms and conditions as the court  may  direct  without
 the necessity of a motion.
   §  13.  This  act  shall  take effect on the one hundred twentieth day
 after it shall have become a law; provided, however, that the amendments
 to subdivision (a) of section 249  of  the  family  court  act  made  by
 section ten of this act shall be subject to the expiration and reversion
 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  eleven
 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.