S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6194
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 27, 2025
                                ___________
 
 Introduced  by  M.  of A. HEVESI, CLARK, HUNTER, LAVINE, SIMON, JACKSON,
   K. BROWN, STIRPE, GONZALEZ-ROJAS, DURSO,  OTIS,  BRABENEC,  MANKTELOW,
   ANGELINO,  COOK,  STERN,  BLANKENBUSH,  RA,  PHEFFER AMATO, ROSENTHAL,
   LUPARDO, SIMPSON, EPSTEIN, KELLES, JENSEN,  STECK,  CRUZ,  CUNNINGHAM,
   HAWLEY,  PAULIN,  BARRETT,  GIBBS,  DINOWITZ, GIGLIO, BORES, GANDOLFO,
   SHIMSKY, BRONSON, DE LOS SANTOS, WOERNER,  WILLIAMS,  ALVAREZ,  MEEKS,
   SIMONE, TAPIA, LEVENBERG, RAGA, COLTON, LEE, GALLAHAN, WEPRIN, SAYEGH,
   BICHOTTE HERMELYN,  TAYLOR, SLATER, NOVAKHOV -- read once and referred
   to the Committee on Judiciary
 
 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. Legislative intent.  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 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-
 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10304-01-5
              

 A. 6194                             2
 
 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 AN ADJOURNMENT OF NO LONGER THAN THIRTY  DAYS  TO  CONFER  WITH
 COUNSEL,  AND  THE  RIGHT TO SEEK 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  THIR-
 TY-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-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] 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  direction  pursuant  to  this
 section  and  state  on  the record how such findings, facts and circum-
 stances factored into the direction. If a  parent  makes  a  good  faith
 allegation  based  on  a  reasonable  belief supported by facts that the
 child is the victim of child abuse, child neglect,  or  the  effects  of
 domestic violence, and if that parent acts lawfully and in good faith in
 response  to  that reasonable belief to protect the child or seek treat-
 ment for the child, then that parent shall not be deprived  of  custody,
 visitation  or contact with the child, or restricted in custody, visita-
 tion or contact, based solely on that belief or the  reasonable  actions
 taken  based  on that belief. If an allegation that a child is abused is
 supported by a preponderance of  the  evidence,  then  the  court  shall
 consider  such  evidence of abuse in determining the visitation arrange-
 ment that is in the best interest of the child, and the court shall  not
 place a child in the custody of a parent who presents a substantial risk
 of  harm  to that child, and shall state on the record how such findings
 were factored into the determination. Where a proceeding filed  pursuant
 to  article  ten or ten-A of the family court act is pending at the same
 time as a proceeding brought in the supreme court involving the  custody
 of,  or  right  to  visitation  with, any child of a marriage, the court
 presiding over the proceeding under article ten or ten-A of  the  family
 court  act  may  jointly  hear the dispositional hearing on the petition
 under article ten or the permanency hearing under article ten-A  of  the
 family  court act and, upon referral from the supreme court, the hearing
 to resolve the matter of custody or visitation in the proceeding pending
 in the supreme court; provided however, the court [must] SHALL determine
 custody or visitation in accordance with the terms of this section.
   An order directing the payment of  child  support  shall  contain  the
 social  security  numbers of the named parties. In all cases there shall
 be no prima facie right to the custody of the child  in  either  parent.
 Such direction shall make provision for child support out of the proper-
 ty  of  either or both parents. The court shall make its award for child
 support pursuant to subdivision one-b of this  section.  Such  direction
 may  provide  for  reasonable  visitation rights to the [maternal and/or
 paternal] grandparents of any child of the parties. Such direction as it
 A. 6194                             3
 
 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
 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
 A. 6194                             4

 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  the  following:] PROMPT EVIDENTIARY HEARING. UPON THE APPLICATION OF
 ANY PARTY TO AN ACTION CONCERNING CUSTODY OF OR VISITATION WITH A CHILD,
 OR OF AN ATTORNEY FOR THE CHILD,  ASSERTING  FACIALLY  CREDIBLE  ALLEGA-
 TIONS,  INCLUDING,  BUT NOT LIMITED TO, ALLEGATIONS OF DOMESTIC VIOLENCE
 THAT, IF TRUE, WOULD POSE A SUBSTANTIAL 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 AGAINST WHOM SUCH ALLEGATIONS HAVE BEEN MADE ARE  NECESSARY
 TO AVOID A SUBSTANTIAL 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 WITH AN ADJOURNMENT OF UP
 TO THIRTY DAYS, IF NEEDED, FOR THE APPEARANCE BY COUNSEL FOR THE PARTIES
 AND ATTORNEY FOR THE CHILD.  THE COURT SHALL REMIND THE PARTIES OF THEIR
 RIGHT TO THE ASSISTANCE OF COUNSEL FOR THE PROMPT  EVIDENTIARY  HEARING.
 DURING  SUCH  HEARING,  ONLY  COMPETENT,  MATERIAL AND RELEVANT EVIDENCE
 SHALL BE ADMITTED; PROVIDED, HOWEVER, THAT CERTIFICATION OR  AUTHENTICA-
 TION OF A LAW ENFORCEMENT RECORD OR MEDICAL RECORD SHALL NOT BE REQUIRED
 FOR THE RECORD, OR A PORTION THEREOF, TO BE ADMITTED.  IF A PARTY WAIVES
 THEIR 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.
   (2) DECISIONS AND REPORTS FOR REVIEW. THE COURT SHALL CONDUCT A REVIEW
 OF THE FOLLOWING:
   (i) related decisions in court proceedings initiated pursuant to arti-
 cle ten of the family court act, and all warrants issued under the fami-
 ly court act; and
   (ii)  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.
   (2-A)  EVIDENCE. THE COURT SHALL ALSO CONSIDER COMPETENT, MATERIAL AND
 RELEVANT EVIDENCE, IF PRESENTED TO THE COURT, INCLUDING, BUT NOT LIMITED
 TO, THE FOLLOWING; PROVIDED, HOWEVER, THAT CERTIFICATION OR  AUTHENTICA-
 TION OF A LAW ENFORCEMENT RECORD OR MEDICAL RECORD SHALL NOT BE REQUIRED
 FOR THE RECORD, OR A PORTION THEREOF, TO BE ADMITTED:
   (I) ANY PARTY'S HISTORY OF DOMESTIC VIOLENCE OR CHILD ABUSE, INCIDENTS
 INVOLVING HARM TO A CHILD, OR SUBSTANTIAL RISK TO THE CHILD'S SAFETY;
   (II)  POLICE  REPORTS, INCLUDING DOMESTIC VIOLENCE INCIDENT REPORTS OR
 REPORTING OF INCIDENTS INVOLVING CHILD ABUSE OR DOMESTIC VIOLENCE  BY  A
 PARTY; AND
   (III)  EVIDENCE  AND  PRIOR JUDICIAL FINDINGS OF CHILD ABUSE, DOMESTIC
 VIOLENCE, OR SUBSTANTIAL 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;
 A. 6194                             5
 
   (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)  ANY  PARTY'S  PATTERN  OF  ALCOHOL  OR SUBSTANCE ABUSE THAT POSES
 SUBSTANTIAL 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.
   (3)  CONDITIONS OF CUSTODY OR VISITATION.  IF THE COURT FINDS UPON THE
 EVIDENCE ADDUCED AT THE HEARING THAT A SUBSTANTIAL RISK  EXISTS  TO  THE
 SAFETY  OF THE CHILD, THE COURT SHALL SET FORTH CONDITIONS OF CUSTODY OR
 VISITATION IN A TEMPORARY ORDER OF CUSTODY  OR  VISITATION  THAT  PRIOR-
 ITIZES THE AVOIDANCE OF SUBSTANTIAL 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  SUBSTANTIAL
 RISK  TO  THE  CHILD'S  SAFETY.    SUPERVISION IN SUCH CASES MAY ALSO BE
 PROVIDED BY A RELATIVE OR  OTHER  RESOURCE  DEEMED  APPROPRIATE  BY  THE
 COURT.
   (II)  THE  COURT  SHALL STATE IN WRITING OR ON THE RECORD ITS DETERMI-
 NATION OF WHETHER A SUBSTANTIAL RISK EXISTS 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 EVIDENTI-
 ARY  HEARING HAS BEEN HELD REGARDING AN ALLEGATION OF A SUBSTANTIAL RISK
 TO THE CHILD'S SAFETY AND THE  COURT  HAS  RENDERED  ITS  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 A  FACIALLY  CREDIBLE
 ALLEGATION  OF  A SUBSTANTIAL 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 TWEN-
 TY-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
 SUBDIVISION (C) OF SECTION FIVE THOUSAND FIVE HUNDRED  NINETEEN  OF  THE
 CIVIL PRACTICE LAW AND RULES WHERE SUCH COURT DETERMINES THAT THE EFFECT
 A. 6194                             6
 
 OF  THE  ORDER ON APPEAL CREATES A SUBSTANTIAL 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 PROVIDE REASONABLE NOTICE TO 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 APPLICA-
 TION THE ERRORS OF FACT OR LAW ALLEGEDLY COMMITTED BY THE TRIAL COURT. A
 PARTY APPLYING TO THE APPELLATE DIVISION FOR THE STAY SHALL MAKE REASON-
 ABLE 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.
   (4) 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)  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 subparagraph [three] TWO of this paragraph.
   (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  subparagraph  [three] TWO 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 of this paragraph and may issue temporary or permanent
 custody or visitation orders.
   (7) EXPEDITED HEARING REQUEST. NOTHING  IN  THIS  PARAGRAPH  SHALL  BE
 CONSTRUED  TO  LIMIT  THE  ABILITY OF A PARTY OR THE CHILD'S ATTORNEY TO
 REQUEST, OR THE ABILITY OF THE COURT TO HOLD, AN  EXPEDITED  HEARING  TO
 ADDRESS OTHER URGENT MATTERS THAT AFFECT THE CHILD'S WELL-BEING.
   (8)  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  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 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  commis-
 sioner's recommendations.
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   §  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) "COERCIVE CONTROL" MEANS A PATTERN OF BEHAVIOR  THAT  UNREASONABLY
 RESTRICTS A PARTY'S SAFETY OR AUTONOMY THROUGH THREATS, OR INTIMIDATION,
 OR  BY  COMPELLING COMPLIANCE. 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.    PROMOTING  THE  SAFETY  OF A CHILD SHALL INCLUDE EFFORTS TO
 PREVENT PHYSICAL OR EMOTIONAL HARM TO SUCH CHILD.  IN MAKING SUCH  FINAL
 DETERMINATIONS, THE COURT SHOULD CONSIDER EVIDENCE, IF ANY, PRESENTED BY
 THE PARTIES AND ATTORNEY FOR THE CHILD INCLUDING, BUT NOT LIMITED TO:
   (A) WHICH PARTY IS MORE LIKELY TO PROTECT THE SAFETY OF THE CHILD, AND
 WHETHER ANY PARTY POSES A SUBSTANTIAL 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 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 HOUSEHOLD 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, INCIDENTS
 INVOLVING HARM TO A CHILD OR SUBSTANTIAL RISK TO THE CHILD'S SAFETY;
   (D) POLICE REPORTS, INCLUDING DOMESTIC VIOLENCE  INCIDENT  REPORTS  OR
 REPORTING  OF  INCIDENTS INVOLVING CHILD ABUSE OR DOMESTIC VIOLENCE BY A
 PARTY;
   (E) INCIDENTS OF CHILD ABUSE, DOMESTIC VIOLENCE, OR  SUBSTANTIAL  RISK
 TO THE CHILD'S SAFETY, INCLUDING BUT NOT LIMITED TO:
   (I) AN INCREASE IN FREQUENCY OR SEVERITY OF DOMESTIC VIOLENCE;
 A. 6194                             8
 
   (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 A
 SUBSTANTIAL 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; AND
   (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.
   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 SUBSTANTIAL RISK TO
 THE CHILD'S SAFETY.  SUPERVISION IN SUCH CASES MAY ALSO BE PROVIDED BY A
 RELATIVE OR OTHER RESOURCE DEEMED APPROPRIATE BY THE COURT.
   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 A SUBSTANTIAL RISK TO THE CHILD'S  SAFETY,  THE
 COURT  SHALL  NOT  FIND THAT PROTECTIVE BEHAVIORS TO SAFEGUARD THE CHILD
 WHICH WERE ENGAGED IN BY THE PARTY WHO HAS MADE SUCH ALLEGATIONS CONSTI-
 TUTE FAILURE 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 SOLE 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.  WHERE APPROPRIATE, HOWEVER, THE COURT  MAY
 ENTER AN ORDER DIRECTING ONE OR MORE PARTIES TO REFRAIN FROM DISPARAGING
 THE OTHER PARTY OR PARTIES IN THE PRESENCE OF THE CHILD OR CHILDREN.
   (C)  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.  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, AND  OTHER  HEARING  OFFICERS
 PRESIDE OVER CHILD CUSTODY PROCEEDINGS IN WHICH ONE OR MORE PARTIES HAVE
 ALLEGED  SUBSTANTIAL RISK TO THE CHILD'S SAFETY, AND SUPPLEMENTAL TRAIN-
 ING EVERY TWO YEARS THEREAFTER TO REMAIN ELIGIBLE TO PRESIDE  OVER  SUCH
 A. 6194                             9
 
 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.    SUCH TRAINING SHALL INCLUDE, BUT NOT BE LIMITED
 TO, TRAUMA-INFORMED JUDICIAL PRACTICES,  THE  DYNAMICS  AND  EFFECTS  OF
 DOMESTIC  VIOLENCE  AND  CHILD  ABUSE,  INCLUDING,  BUT  NOT LIMITED TO,
 EMOTIONAL, FINANCIAL, PHYSICAL, TECHNOLOGICAL AND SEXUAL ABUSE;  ASSESS-
 MENT OF DOMESTIC VIOLENCE, COERCIVE CONTROL, CHILD ABUSE, LETHALITY RISK
 FACTORS AND HEIGHTENED DANGER TO A CHILD'S SAFETY; TACTICS USED BY ABUSE
 PARTNERS,  INCLUDING,  BUT NOT LIMITED TO ALLEGATIONS OF PARENTAL ALIEN-
 ATION AND PARENTAL GATEKEEPING, LITIGATION ABUSE, AND CYBER ABUSE;   AND
 THE DISTINCTION BETWEEN INAPPROPRIATE INTERFERENCE WITH THE CHILD-PARENT
 RELATIONSHIP  AND  PROTECTIVE  PARENTING  IN  THE  CONTEXT  OF  DOMESTIC
 VIOLENCE OR CHILD ABUSE.  THE OFFICE OF COURT ADMINISTRATION, IN CONSUL-
 TATION 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.
   § 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) (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 thereof, the court, on  due
 consideration, may award the natural guardianship, 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 PERMA-
 NENT ORDER OF CUSTODY OR VISITATION, THE COURT SHALL CONDUCT A REVIEW OF
 THE  DECISIONS AND REPORTS LISTED IN SUBPARAGRAPH TWO 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,  OR
 DENYING  AN APPLICATION FOR A TEMPORARY ORDER AFTER A PROMPT EVIDENTIARY
 HEARING, THE COURT SHALL STATE IN WRITING OR ON THE RECORD ITS  DETERMI-
 NATION OF WHETHER THERE IS A SUBSTANTIAL RISK TO THE CHILD'S SAFETY, AND
 THE  FACTORS,  DECISIONS AND REPORTS CONSIDERED IN MAKING SUCH FINDINGS,
 AND THE REASONS FOR ANY LIMITATIONS OR RESTRICTIONS PLACED ON A  PARTY'S
 CUSTODY,  VISITATION OR CONTACT WITH SUCH CHILD. ANY PARTY OR THE ATTOR-
 NEY FOR THE CHILD IN A PROCEEDING FOR  A  TEMPORARY  ORDER  IN  WHICH  A
 PROMPT EVIDENTIARY HEARING HAS BEEN HELD REGARDING A SUBSTANTIAL 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.  PROMOTING  THE  SAFETY  OF  A  CHILD SHALL INCLUDE EFFORTS TO
 A. 6194                            10

 PREVENT PHYSICAL OR EMOTIONAL HARM TO SUCH CHILD AND SHALL  BE  ASSESSED
 BY CONSIDERING ANY EVIDENCE ADDUCED OF A SUBSTANTIAL RISK TO THE CHILD'S
 SAFETY,  INCLUDING  DECISIONS AND REPORTS IDENTIFIED IN SUBPARAGRAPH TWO
 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.
   (V) 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 AND IN
 ACCORDANCE WITH THE RULES OF THE CHIEF ADMINISTRATOR OF THE COURTS. 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 SUBDIVISION FIVE OF SECTION TWO HUNDRED FORTY-E OF
 THIS CHAPTER AND IN ACCORDANCE WITH SUCH RULES.
   (b) 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 UPDATE ITS PETITION  USED  BY  PARTIES  TO
 INITIATE  CHILD CUSTODY AND VISITATION PROCEEDINGS IN A MANNER TO PERMIT
 PETITIONERS TO SPECIFY ALLEGATIONS OF CHILD ABUSE, DOMESTIC VIOLENCE, OR
 A SUBSTANTIAL 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) 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 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 FACIALLY CREDIBLE  ALLEGATIONS,  INCLUDING  ALLEGA-
 TIONS OF DOMESTIC VIOLENCE THAT,  IF TRUE, WOULD POSE A SUBSTANTIAL RISK
 A. 6194                            11
 
 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 AGAINST WHOM SUCH ALLEGATIONS
 HAVE  BEEN MADE ARE NECESSARY TO AVOID A SUBSTANTIAL 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 THIRTY DAYS TO CONFER WITH COUNSEL, AND THE RIGHT TO  SEEK  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, PURSUANT TO ARTICLE TWO OF THIS CHAPTER AND SUBDI-
 VISIONS 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 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)  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.
   2-A.  EVIDENCE.  THE COURT SHALL ALSO CONSIDER COMPETENT, MATERIAL AND
 RELEVANT EVIDENCE, IF PRESENTED TO THE COURT, INCLUDING, BUT NOT LIMITED
 TO, THE FOLLOWING; PROVIDED, HOWEVER, THAT CERTIFICATION OR  AUTHENTICA-
 TION OF A LAW ENFORCEMENT RECORD OR MEDICAL RECORD SHALL NOT BE REQUIRED
 FOR THE RECORD, OR A PORTION THEREOF, TO BE ADMITTED:
   (I) ANY PARTY'S HISTORY OF DOMESTIC VIOLENCE OR CHILD ABUSE, INCIDENTS
 INVOLVING HARM TO A CHILD, OR A SUBSTANTIAL RISK TO A CHILD'S SAFETY;
   (II)  POLICE REPORTS, INCLUDING DOMESTIC VIOLENCE INCIDENT REPORTS, OR
 REPORTS OF INCIDENTS INVOLVING CHILD ABUSE OR  DOMESTIC  VIOLENCE  BY  A
 PARTY; AND
   (III)  EVIDENCE  AND  PRIOR  JUDICIAL  FINDINGS  OF INCIDENTS OF CHILD
 ABUSE, DOMESTIC VIOLENCE, OR A SUBSTANTIAL 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;
   (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  A
 SUBSTANTIAL RISK TO THE CHILD'S SAFETY;
   (H) INCIDENTS OF VIOLENCE DURING PREGNANCY;
   (I) INCIDENTS OF STALKING OR CYBER STALKING; AND
 A. 6194                            12
 
   (J)  COERCIVE  CONTROL, AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE
 OF SECTION TWO HUNDRED FORTY-E OF THE DOMESTIC RELATIONS 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 AN ALLEGATION OF A
 SUBSTANTIAL 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 APPRO-
 PRIATE  APPELLATE  DIVISION.  AN APPEAL UNDER THIS SUBPARAGRAPH SHALL BE
 GIVEN A PREFERENCE PURSUANT TO SUBDIVISION (B)  OF  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 APPEAL CREATES A SUBSTANTIAL 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 PROVIDE REASONABLE NOTICE TO 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 APPLICA-
 TION THE ERRORS OF FACT OR LAW ALLEGEDLY COMMITTED BY THE TRIAL COURT. A
 PARTY APPLYING TO THE APPELLATE DIVISION FOR THE STAY SHALL MAKE REASON-
 ABLE 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-
 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
 A. 6194                            13
 
 required  reviews shall take place the next day the court is in session.
 Upon reviewing decisions and reports the court shall  notify  associated
 counsel, self-represented parties and attorneys for children pursuant to
 paragraph  four of this subdivision and may issue temporary or permanent
 custody or visitation orders.
   7. EXPEDITED HEARING REQUEST.  NOTHING  IN  THIS  PARAGRAPH  SHALL  BE
 CONSTRUED  TO  LIMIT  THE  ABILITY OF A PARTY OR THE CHILD'S ATTORNEY TO
 REQUEST, OR THE ABILITY OF THE COURT TO HOLD, AN  EXPEDITED  HEARING  TO
 ADDRESS OTHER URGENT MATTERS THAT AFFECT THE CHILD'S WELL-BEING.
   8.  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 A SUBSTANTIAL RISK TO THE CHILD'S SAFETY  AND  GRANTING
 OR  DENYING  A  TEMPORARY EMERGENCY ORDER OF CUSTODY OR VISITATION.  (I)
 Pending 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
 A PROMPT EVIDENTIARY HEARING REGARDING AN ALLEGATION  OF  A  SUBSTANTIAL
 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 A SUBSTANTIAL 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 RISK.  (II) A prefer-
 ence  in  accordance  with rule five thousand five hundred twenty-one of
 the civil practice law and rules shall be afforded, without the necessi-
 ty 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
 A. 6194                            14
 
 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 A FACIALLY CREDIBLE
 ALLEGATION OF A SUBSTANTIAL 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 A  SUBSTANTIAL  RISK
 TO  THE  CHILD'S  SAFETY AND WHERE THE COURT BEFORE WHICH SUCH APPEAL IS
 PENDING FINDS THAT SUCH A STAY IS NECESSARY  TO  AVOID  SUCH  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]  IN  AN APPEAL FROM AN ORDER OF ABUSE OF NEGLECT PURSUANT TO
 ARTICLE TEN OF THIS ACT, IF requested by any party present,  oral  argu-
 ment  shall be had on the application, except for good cause stated upon
 the record. [The] IN ALL APPLICATIONS FOR STAYS UNDER THIS  SUBDIVISION,
 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 transcript of the proceeding before the [family] TRIAL court
 IN ACCORDANCE WITH THE RULES OF THE APPLICABLE APPELLATE DIVISION.
   If a stay is granted, a schedule shall be set for an expedited appeal.
   § 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
 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
 A. 6194                            15
 
 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 FACIALLY CREDIBLE  ALLEGATIONS  OF  SUBSTANTIAL
 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 FACIALLY CREDIBLE ALLEGATIONS  OF  SUBSTANTIAL  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.
   §  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-
 A. 6194                            16
 
 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 A FACIALLY CREDIBLE ALLEGATION OF
 A SUBSTANTIAL 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  two  hundred  seventieth  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.