S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5998
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               March 4, 2025
                                ___________
 
 Introduced  by  Sens.  SKOUFIS,  ADDABBO,  ASHBY, CANZONERI-FITZPATRICK,
   CLEARE, COMRIE, COONEY, GALLIVAN, GOUNARDES, HARCKHAM, HINCHEY,  HOYL-
   MAN-SIGAL,  JACKSON,  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
 
 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
 custody  and  support  as,  in the court's discretion, justice requires,
 having regard to the circumstances of the case  and  of  the  respective

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

 S. 5998                             2
 
 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
 applies to rights of visitation with a child remanded or placed  in  the
 care  of  a  person, official, agency or institution pursuant to article
 S. 5998                             3
 
 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
 subparagraph three of this paragraph, unless  such  a  review  has  been
 conducted within ninety days prior to the issuance of such order.
 S. 5998                             4

   (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;
   (D)  SEXUAL  ABUSE  OR  OTHER SEXUAL OFFENSES AGAINST THE CHILD OR THE
 OTHER PARTY;
 S. 5998                             5
 
   (E) UNLAWFUL DISSEMINATION OR PUBLICATION OF AN INTIMATE IMAGE, PURSU-
 ANT TO SECTION 245.15 OF THE PENAL LAW;
   (F) INCIDENTS INVOLVING OBSTRUCTION OF BREATHING OR STRANGULATION;
   (G)  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
 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-
 S. 5998                             6
 
 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.
   §  4.  The  domestic  relations law is amended by adding a new section
 240-e to read as follows:
 S. 5998                             7
 
   § 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;
   (II) USE OR THREATS TO USE A WEAPON OR DANGEROUS INSTRUMENT, OR UNLAW-
 FUL POSSESSION OF FIREARMS;
 S. 5998                             8
 
   (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
 PROCEEDINGS. SUCH TRAINING  SHALL  ADDRESS  CURRENT  KNOWLEDGE  AND  LAW
 RELATING  TO  DOMESTIC VIOLENCE, CHILD ABUSE AND CHILD NEGLECT, WITH THE
 S. 5998                             9
 
 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
 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
 S. 5998                            10
 
 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
 TO THE SAFETY OF THE CHILD, THE COURT SHALL HOLD  A  PROMPT  EVIDENTIARY
 HEARING  TO DETERMINE WHETHER TEMPORARY LIMITATIONS OR CONDITIONS ON THE
 S. 5998                            11
 
 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
   (J)  COERCIVE  CONTROL, AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE
 OF SECTION TWO HUNDRED FORTY-E OF THE DOMESTIC RELATIONS LAW.
 S. 5998                            12

   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
 required reviews shall take place the next day the court is in  session.
 Upon  reviewing  decisions and reports the court shall notify associated
 S. 5998                            13
 
 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
 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
 S. 5998                            14
 
 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
 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
 S. 5998                            15
 
 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-
 four-b  of  the  social  services  law, and pursuant to paragraph (d) of
 subdivision four and subparagraph (ii) of paragraph (d)  of  subdivision
 S. 5998                            16
 
 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.