NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6306
SPONSOR: Thiele TITLE OF BILL:
An act to amend the family court act, in relation to temporary orders of
protection
PURPOSE:
The purpose of this bill is to allow for an application for a temporary
order of protection by the county probation department in the adjustment
process.
SUMMARY OF PROVISIONS:
Section 1. Section 304.2 of the family court act, as added by chapter
683 of the laws of 1984 is amended to provide the county probation
department with the ability to apply for a temporary order of protection
as part of the adjustment process pursuant to CFR 204.31 and section
205.31 of the uniform rules for the family court.
Section 2. Is the enacting clause.
JUSTIFICATION:
The Juvenile Delinquent Diversion process is an effort to avoid court
intervention for youth. This is typically applied to what are considered
low-level offenses including but not limited to graffiti, petit larceny,
and trespassing. Diversion programs utilize other resources such as
counseling, youth court, mediation, substance abuse treatment services,
etc. Currently, when an order of protection is sought, the respondent
(the youth) must appear in court. This bill would allow for the applica-
tion of a temporary order of protection by the county probation depart-
ment, and further provide a Family Court Judge with the discretion to
issue such temporary order of protection, during the adjustment process.
This alleviates the requirement of the youth offender appearing in
court, which is in alignment with the diversion mechanism.
PRIOR LEGISLATIVE HISTORY:
2023: New Legislation
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
6306
2023-2024 Regular Sessions
IN ASSEMBLY
April 3, 2023
___________
Introduced by M. of A. THIELE -- read once and referred to the Committee
on Children and Families
AN ACT to amend the family court act, in relation to temporary orders of
protection
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 304.2 of the family court act, as added by chapter
2 683 of the laws of 1984, is amended to read as follows:
3 § 304.2. Temporary order of protection. (1) Upon application by the
4 presentment agency, the court may issue a temporary order of protection
5 against a respondent for good cause shown, ex parte or upon notice, at
6 any time after a juvenile is taken into custody, pursuant to section
7 305.1 or 305.2 or upon the issuance of an appearance ticket pursuant to
8 section 307.1 or upon the filing of a petition pursuant to section 310.1
9 or upon application of the county probation department as a part of the
10 adjustment process pursuant to CFR 204.31 and section 205.31 of the
11 uniform rules for the family court.
12 (2) A temporary order of protection may contain any of the provisions
13 authorized on the making of an order of protection under section 352.3.
14 (3) A temporary order of protection is not a finding of wrongdoing.
15 (4) A temporary order of protection may remain in effect until an
16 order of disposition is entered.
17 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06389-04-3
