Requires the court to consider a child's health and safety when making a decision regarding child custody and visitation; directs the court to review certain information as it relates to allegations of child abuse, domestic violence and child safety; requires the court to appoint an attorney to represent the child when credible allegations of serious risk to the child's safety have been made.
STATE OF NEW YORK
________________________________________________________________________
5998--B
2025-2026 Regular Sessions
IN SENATE
March 4, 2025
___________
Introduced by Sens. SKOUFIS, ADDABBO, ASHBY, BORRELLO, BROUK, CANZONER-
I-FITZPATRICK, CLEARE, COMRIE, COONEY, GALLIVAN, GOUNARDES, HARCKHAM,
HINCHEY, HOYLMAN-SIGAL, JACKSON, KRUEGER, MARTINEZ, MARTINS, MATTERA,
MAY, MAYER, MURRAY, MYRIE, OBERACKER, O'MARA, PALUMBO, RAMOS, RHOADS,
RIVERA, ROLISON, C. RYAN, SCARCELLA-SPANTON, SEPULVEDA, SERRANO,
STAVISKY, WEBB, WEBER, WEIK -- read twice and ordered printed, and
when printed to be committed to the Committee on Judiciary -- reported
favorably from said committee and committed to the Committee on Codes
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the domestic relations law and the family court act, in
relation to establishing "Kyra's Law"
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 "Kyra's Law".
3 § 2. Legislative intent. The legislature recognizes that the safety
4 of children is of paramount importance and is an integral element of
5 their best interests. To that end, the legislature finds that judicial
6 decisions regarding custody of, and access to, children shall promote
7 the safety of children as a threshold issue.
8 § 3. Paragraphs (a) and (a-1) of subdivision 1 of section 240 of the
9 domestic relations law, paragraph (a) as amended by chapter 567 of the
10 laws of 2015 and paragraph (a-1) as amended by chapter 295 of the laws
11 of 2009, are amended to read as follows:
12 (a) In any action or proceeding brought (1) to annul a marriage or to
13 declare the nullity of a void marriage, or (2) for a separation, or (3)
14 for a divorce, or (4) to obtain, by a writ of habeas corpus or by peti-
15 tion and order to show cause, the custody of or right to visitation with
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10304-08-5
S. 5998--B 2
1 any child of a marriage, the court shall require verification of the
2 status of any child of the marriage with respect to such child's custody
3 and support, including any prior orders, and shall enter orders for
4 custody and support as, in the court's discretion, justice requires,
5 having regard to the circumstances of the case and of the respective
6 parties and to the best interests of the child and subject to the
7 provisions of subdivision one-c of this section. When the parties first
8 appear in court, the court shall advise the parties before proceeding of
9 the right to be represented by counsel of their own choosing, of the
10 right to an adjournment of no longer than thirty days to confer with
11 counsel, and the right to seek counsel fees and expenses, pursuant to
12 section two hundred thirty-seven of this article. The court shall assign
13 counsel to the eligible parties and children, pursuant to article two of
14 the family court act and subdivisions seven and eight of section thir-
15 ty-five of the judiciary law. Where either party to an action concerning
16 custody of or a right to visitation with a child alleges in a sworn
17 petition or complaint or sworn answer, cross-petition, counterclaim or
18 other sworn responsive pleading that the other party has committed an
19 act of domestic violence against the party making the allegation or a
20 family or household member of either party, as such family or household
21 member is defined in article eight of the family court act, and such
22 allegations are proven by a preponderance of the evidence, the court
23 [must] shall consider the effect of such domestic violence upon the best
24 interests of the child, together with such other facts and circumstances
25 as the court deems relevant in making a direction pursuant to this
26 section and state on the record how such findings, facts and circum-
27 stances factored into the direction. If a parent makes a good faith
28 allegation based on a reasonable belief supported by facts that the
29 child is the victim of child abuse, child neglect, or the effects of
30 domestic violence, and if that parent acts lawfully and in good faith in
31 response to that reasonable belief to protect the child or seek treat-
32 ment for the child, then that parent shall not be deprived of custody,
33 visitation or contact with the child, or restricted in custody, visita-
34 tion or contact, based solely on that belief or the reasonable actions
35 taken based on that belief. If an allegation that a child is abused is
36 supported by a preponderance of the evidence, then the court shall
37 consider such evidence of abuse in determining the visitation arrange-
38 ment that is in the best interest of the child, and the court shall not
39 place a child in the custody of a parent who presents a substantial risk
40 of harm to that child, and shall state on the record how such findings
41 were factored into the determination. Where a proceeding filed pursuant
42 to article ten or ten-A of the family court act is pending at the same
43 time as a proceeding brought in the supreme court involving the custody
44 of, or right to visitation with, any child of a marriage, the court
45 presiding over the proceeding under article ten or ten-A of the family
46 court act may jointly hear the dispositional hearing on the petition
47 under article ten or the permanency hearing under article ten-A of the
48 family court act and, upon referral from the supreme court, the hearing
49 to resolve the matter of custody or visitation in the proceeding pending
50 in the supreme court; provided however, the court [must] shall determine
51 custody or visitation in accordance with the terms of this section.
52 An order directing the payment of child support shall contain the
53 social security numbers of the named parties. In all cases there shall
54 be no prima facie right to the custody of the child in either parent.
55 Such direction shall make provision for child support out of the proper-
56 ty of either or both parents. The court shall make its award for child
S. 5998--B 3
1 support pursuant to subdivision one-b of this section. Such direction
2 may provide for reasonable visitation rights to the [maternal and/or
3 paternal] grandparents of any child of the parties. Such direction as it
4 applies to rights of visitation with a child remanded or placed in the
5 care of a person, official, agency or institution pursuant to article
6 ten of the family court act, or pursuant to an instrument approved under
7 section three hundred fifty-eight-a of the social services law, shall be
8 enforceable pursuant to part eight of article ten of the family court
9 act and sections three hundred fifty-eight-a and three hundred eighty-
10 four-a of the social services law and other applicable provisions of law
11 against any person having care and custody, or temporary care and custo-
12 dy, of the child. Notwithstanding any other provision of law, any writ-
13 ten application or motion to the court for the establishment, modifica-
14 tion or enforcement of a child support obligation for persons not in
15 receipt of public assistance and care [must] shall contain either a
16 request for child support enforcement services which would authorize the
17 collection of the support obligation by the immediate issuance of an
18 income execution for support enforcement as provided for by this chap-
19 ter, completed in the manner specified in section one hundred eleven-g
20 of the social services law; or a statement that the applicant has
21 applied for or is in receipt of such services; or a statement that the
22 applicant knows of the availability of such services, has declined them
23 at this time and where support enforcement services pursuant to section
24 one hundred eleven-g of the social services law have been declined that
25 the applicant understands that an income deduction order may be issued
26 pursuant to subdivision (c) of section fifty-two hundred forty-two of
27 the civil practice law and rules without other child support enforcement
28 services and that payment of an administrative fee may be required. The
29 court shall provide a copy of any such request for child support
30 enforcement services to the support collection unit of the appropriate
31 social services district any time it directs payments to be made to such
32 support collection unit. Additionally, the copy of any such request
33 shall be accompanied by the name, address and social security number of
34 the parties; the date and place of the parties' marriage; the name and
35 date of birth of the child or children; and the name and address of the
36 employers and income payors of the party from whom child support is
37 sought or from the party ordered to pay child support to the other
38 party. Such direction may require the payment of a sum or sums of money
39 either directly to the custodial parent or to third persons for goods or
40 services furnished for such child, or for both payments to the custodial
41 parent and to such third persons; provided, however, that unless the
42 party seeking or receiving child support has applied for or is receiving
43 such services, the court shall not direct such payments to be made to
44 the support collection unit, as established in section one hundred
45 eleven-h of the social services law. Every order directing the payment
46 of support shall require that if either parent currently, or at any time
47 in the future, has health insurance benefits available that may be
48 extended or obtained to cover the child, such parent is required to
49 exercise the option of additional coverage in favor of such child and
50 execute and deliver to such person any forms, notices, documents or
51 instruments necessary to assure timely payment of any health insurance
52 claims for such child.
53 (a-1)(1) [Permanent and initial temporary orders of custody or visita-
54 tion. Prior to the issuance of any permanent or initial temporary order
55 of custody or visitation, the court shall conduct a review of the deci-
56 sions and reports listed in subparagraph three of this paragraph.
S. 5998--B 4
1 (2) Successive temporary orders of custody or visitation. Prior to the
2 issuance of any successive temporary order of custody or visitation, the
3 court shall conduct a review of the decisions and reports listed in
4 subparagraph three of this paragraph, unless such a review has been
5 conducted within ninety days prior to the issuance of such order.
6 (3) Decisions and reports for review. The court shall conduct a review
7 of the following:] Decisions and reports for review. Prior to the issu-
8 ance of any permanent or temporary order of custody or visitation, the
9 court shall conduct a review of the following:
10 (i) related decisions in court proceedings initiated pursuant to arti-
11 cle ten of the family court act, and all warrants issued under the fami-
12 ly court act; and
13 (ii) reports of the statewide computerized registry of orders of
14 protection established and maintained pursuant to section two hundred
15 twenty-one-a of the executive law, and reports of the sex offender
16 registry established and maintained pursuant to section one hundred
17 sixty-eight-b of the correction law.
18 (2) Information to review. The court shall consider:
19 (i) any party's history of domestic violence or child abuse or inci-
20 dents involving harm to a child;
21 (ii) police reports, including domestic violence incident reports or
22 reporting of incidents involving child abuse or domestic violence by a
23 party; and
24 (iii) evidence and prior judicial findings of child abuse or domestic
25 violence including but not limited to:
26 (A) an increase in frequency or severity of domestic violence;
27 (B) use or threats to use a weapon or dangerous instrument, or unlaw-
28 ful possession of firearms;
29 (C) threats to harm or kill the child, the other party, the other
30 party's children, self or others, or companion animals;
31 (D) sexual abuse or other sexual offenses against the child or the
32 other party;
33 (E) unlawful dissemination or publication of an intimate image, pursu-
34 ant to section 245.15 of the penal law;
35 (F) incidents involving obstruction of breathing or strangulation;
36 (G) any party's pattern of alcohol or substance abuse that threatens
37 the child's safety;
38 (H) incidents of violence during pregnancy;
39 (I) incidents of stalking or cyber stalking;
40 (J) coercive control, as defined in paragraph (b) of subdivision one
41 of section two hundred forty-e of this article; and
42 (K) any other considerations the court deems appropriate.
43 (3) Conditions of custody or visitation. After conducting such review
44 the court may set forth limitations or conditions on a party's custody,
45 visitation or contact with a child in a temporary order of custody or
46 visitation.
47 (i) If the court sets forth limitations or conditions on a party's
48 custody, visitation or contact with a child the court shall consider
49 such limitation or conditions as a significant factor when determining a
50 temporary order of custody or visitation, sole or joint custody or visi-
51 tation that is unsupervised or without sufficient protections of the
52 child's safety to a party against whom such limitations or conditions
53 apply. Supervision in such cases may also be provided by a relative or
54 other resource deemed appropriate by the court.
S. 5998--B 5
1 (ii) The court shall state in writing or on the record the consider-
2 ations it reviewed to set forth conditions of custody or visitation in a
3 temporary order of custody.
4 (iii) Nothing contained in this subparagraph shall be deemed in any
5 way to limit, restrict, expand or impair the rights of any party to file
6 for a modification of a temporary order as is otherwise provided by law.
7 (4) Notifying counsel and issuing orders. Upon consideration of deci-
8 sions pursuant to article ten of the family court act, and registry
9 reports and notifying counsel involved in the proceeding, or in the
10 event of a self-represented party, notifying such party of the results
11 thereof, including any court appointed attorney for children, the court
12 may issue a temporary, successive temporary or final order of custody or
13 visitation.
14 (5) Temporary emergency order. Notwithstanding any other provision of
15 the law, upon emergency situations, including computer malfunctions, to
16 serve the best interest of the child, the court may issue a temporary
17 emergency order for custody or visitation in the event that it is not
18 possible to timely review decisions and reports on registries as
19 required pursuant to subparagraph [three] one of this paragraph.
20 (6) After issuing a temporary emergency order. After issuing a tempo-
21 rary emergency order of custody or visitation, the court shall conduct
22 reviews of the decisions and reports on registries as required pursuant
23 to subparagraph [three] one of this paragraph within twenty-four hours
24 of the issuance of such temporary emergency order. Should such twenty-
25 four hour period fall on a day when court is not in session, then the
26 required reviews shall take place the next day the court is in session.
27 Upon reviewing decisions and reports the court shall notify associated
28 counsel, self-represented parties and attorneys for children pursuant to
29 subparagraph four of this paragraph and may issue temporary or permanent
30 custody or visitation orders.
31 (7) Expedited hearing request. Nothing in this paragraph shall be
32 construed to limit the ability of a party or the child's attorney to
33 request, or the ability of the court to hold, an expedited hearing to
34 address other new matters that affect the child's well-being.
35 (8) Feasibility study. The commissioner of the office of children and
36 family services, in conjunction with the office of court administration,
37 is hereby authorized and directed to examine, study, evaluate and make
38 recommendations concerning the feasibility of the utilization of comput-
39 ers in courts which are connected to the statewide central register of
40 child abuse and maltreatment established and maintained pursuant to
41 section four hundred twenty-two of the social services law, as a means
42 of providing courts with information regarding parties requesting orders
43 of custody or visitation. Such commissioner shall make a preliminary
44 report to the governor and the legislature of findings, conclusions and
45 recommendations not later than January first, two thousand nine, and a
46 final report of findings, conclusions and recommendations not later than
47 June first, two thousand nine, and shall submit with the reports such
48 legislative proposals as are deemed necessary to implement the commis-
49 sioner's recommendations.
50 § 4. The domestic relations law is amended by adding a new section
51 240-e to read as follows:
52 § 240-e. Custody and visitation; safety of the child. 1. For the
53 purposes of this section, the following terms shall have the following
54 meanings:
55 (a) "Victim of domestic violence" shall have the same meaning as
56 defined in section four hundred fifty-nine-a of the social services law.
S. 5998--B 6
1 (b) "Coercive control" means a pattern of behavior that unreasonably
2 restricts a party's safety or autonomy through threats, or intimidation,
3 or by compelling compliance. This conduct includes, but is not limited
4 to:
5 (i) isolating the other party from friends, family or other sources of
6 support;
7 (ii) interfering with a party's freedom of movement;
8 (iii) depriving the other party of basic necessities such as food,
9 sleep, clothing, housing, medication or medical care;
10 (iv) controlling, regulating, surveilling or monitoring the other
11 party's movements, communications, daily behavior, appearance, finances,
12 economic resources or access to services;
13 (v) compelling the other party by force, threat of force or intim-
14 idation, including but not limited to threats based on actual or
15 suspected immigration status, to engage in conduct from which the other
16 party has a right to abstain or to abstain from conduct in which the
17 other party has a right to engage;
18 (vi) interfering with the other party's education or employment;
19 (vii) forcing or compelling the other party to perform sex acts, or
20 threats of a sexual nature, including but not limited to threatened acts
21 of sexual conduct, threats based on a person's sexuality or threats to
22 release intimate images; or
23 (viii) cleaning, accessing, displaying, using or wearing a firearm or
24 other dangerous weapon in an intimidating or threatening manner.
25 2. Notwithstanding any other provision of law to the contrary, before
26 a court makes a final determination of custody or visitation based on
27 the best interests of a child pursuant to the provisions of this chap-
28 ter, such court shall conduct a review of any allegations of domestic
29 violence or child abuse made by either party against the other party,
30 including, but not limited to:
31 (a) whether any party to the proceeding has committed, or has threat-
32 ened to commit an act of child abuse against the child, or has committed
33 or threatened to commit an act of domestic violence against the party
34 making the allegation, or a family or household member of either party
35 as such family or household member is defined in article eight of the
36 family court act;
37 (b) any party's history of domestic violence, child abuse or incidents
38 involving harm to a child;
39 (c) police reports, including domestic violence incident reports or
40 reporting of incidents involving child abuse or domestic violence by a
41 party;
42 (d) incidents of child abuse or domestic violence, including but not
43 limited to:
44 (i) an increase in frequency or severity of domestic violence;
45 (ii) use or threats to use a weapon or dangerous instrument, or unlaw-
46 ful possession of firearms;
47 (iii) threats to harm or kill the child, the other party, the other
48 party's children, self or others, or companion animals;
49 (iv) sexual abuse or other sexual offenses against the child or other
50 party;
51 (v) unlawful dissemination or publication of an intimate image, pursu-
52 ant to section 245.15 of the penal law;
53 (vi) incidents involving obstruction of breathing or strangulation;
54 (vii) any party's pattern of alcohol or substance abuse that threatens
55 the child's safety;
56 (viii) incidents of violence during pregnancy;
S. 5998--B 7
1 (ix) incidents of stalking or cyber stalking; and
2 (x) coercive control, as defined in paragraph (b) of subdivision one
3 of this section;
4 (e) whether any party has been found to have committed an act pursuant
5 to section eight hundred twelve of the family court act between spouses
6 or former spouses, or between parent and child or between members of the
7 same family or household;
8 (f) whether any party has used or threatened to use a dangerous
9 instrument to harm the other party, child, or a third party, including a
10 firearm, except in incidents involving self-defense, or has unlawfully
11 possessed a weapon or firearm, or has been convicted of criminal
12 possession of a weapon or criminal use of a firearm pursuant to article
13 two hundred sixty-five of the penal law, or is or has been subject to an
14 extreme risk protection order, pursuant to article sixty-three-A of the
15 civil practice law and rules; and
16 (g) any other considerations the court deems appropriate.
17 3. If the court sets forth limitations or conditions on a party's
18 custody, visitation or contact with a child, the court shall consider
19 such limitation or conditions as a significant factor in determining a
20 temporary order of custody or visitation, sole or joint custody or visi-
21 tation that is unsupervised or without sufficient protections of the
22 child's safety to a party against whom such limitations or conditions
23 apply. Supervision in such cases may also be provided by a relative or
24 other resource deemed appropriate by the court.
25 4. (a) In any proceeding for custody or visitation where a party
26 asserts allegations of domestic violence, or child abuse, the court
27 shall not find that protective behaviors to safeguard the child which
28 were engaged in by the party who has made such allegations constitute
29 failure to support the child's relationship with the other party.
30 (b) The court shall not presume that a child's reluctance to interact
31 with a party was caused by the other party, nor shall a party be given
32 custody for the sole purpose of improving a relationship between the
33 child and such party or in an attempt to address the child's reluctance
34 to interact with such party. Where appropriate, however, the court may
35 enter an order directing one or more parties to refrain from disparaging
36 the other party or parties in the presence of the child or children.
37 (c) Nothing in this section shall be construed to create an exception
38 to section seven hundred fifty-three of the judiciary law, or any other
39 enforcement provision, such that a party may seek to enforce any proper
40 ruling of the court, unless stayed, concerning access to the child or
41 conditions of access to the child.
42 5. The chief administrator of the courts shall promulgate comprehen-
43 sive training on topics necessary to conduct a review of allegations of
44 domestic violence, child abuse and child neglect to judges, referees,
45 and other hearing officers presiding over child custody proceedings.
46 This comprehensive training shall be part of the mandatory annual train-
47 ing administered by the office of court administration.
48 § 5. Section 70 of the domestic relations law, as amended by chapter
49 457 of the laws of 1988, is amended to read as follows:
50 § 70. Habeas corpus for child detained by parent. (a) (i) Where a
51 minor child is residing within this state, either parent may apply to
52 the supreme court for a writ of habeas corpus to have such minor child
53 brought before such court; and on the return thereof, the court, on due
54 consideration, may award the natural guardianship, charge and custody of
55 such child to either parent for such time, under such regulations and
56 restrictions, and with such provisions and directions, as the case may
S. 5998--B 8
1 require, and may at any time thereafter vacate or modify such order. In
2 all cases there shall be no prima facie right to the custody of the
3 child in either parent, but the court shall determine solely what is for
4 the best interest of the child, and what will best promote its welfare
5 and happiness, and make award accordingly. Where the court issues any
6 initial or successive temporary order of custody or visitation or perma-
7 nent order of custody or visitation, the court shall conduct a review of
8 the decisions and reports listed in subparagraph two of paragraph (a-1)
9 of subdivision one of section two hundred forty of this chapter, unless
10 such a review has been conducted within ninety days prior to the issu-
11 ance of such order.
12 (ii) When issuing any temporary order of custody or visitation, or
13 denying an application for a temporary order after conducting a review
14 of allegations of domestic violence or child abuse, the court shall
15 state in writing or on the record the considerations it reviewed to set
16 forth any limitations or conditions placed on a party's custody, visita-
17 tion or contact with such child.
18 (iii) Notwithstanding any other provision of law to the contrary, a
19 court making a final determination of custody or visitation based on the
20 best interests of a child pursuant to the provisions of this chapter
21 shall conduct a review of any allegations of domestic violence or child
22 abuse made by either party against the other party, pursuant to para-
23 graph (a) of subdivision one of section two hundred forty of this chap-
24 ter. Such review shall include decisions and reports identified in
25 subparagraph two of paragraph (a-1) of subdivision one of section two
26 hundred forty of this chapter.
27 (iv) In making a decision pursuant to paragraph (i) of this subdivi-
28 sion, the court shall be bound by the presumptions and admissibility
29 described pursuant to section two hundred forty of this chapter.
30 (v) Before judges, referees and other hearing officers preside over
31 child custody proceedings in which one or more parties have alleged
32 domestic violence or child abuse, they shall complete initial training
33 for the handling of such cases as described pursuant to paragraph (a) of
34 subdivision six of section two hundred forty-e of this chapter and in
35 accordance with the rules of the chief administrator of the courts. Once
36 initial training requirements have been met, judges, referees and other
37 hearing officers shall complete additional training every two years
38 thereafter to remain eligible to preside over such proceedings as
39 described pursuant to subdivision five of section two hundred forty-e of
40 this chapter and in accordance with such rules.
41 (b) Any order under this section which applies to rights of visitation
42 with a child remanded or placed in the care of a person, official, agen-
43 cy or institution pursuant to article ten of the family court act or
44 pursuant to an instrument approved under section three hundred fifty-
45 eight-a of the social services law, shall be enforceable pursuant to the
46 provisions of part eight of article ten of such act, sections three
47 hundred fifty-eight-a and three hundred eighty-four-a of the social
48 services law and other applicable provisions of law against any person
49 or official having care and custody, or temporary care and custody, of
50 such child.
51 § 6. Subdivision (b) of section 651 of the family court act, as
52 amended by chapter 657 of the laws of 2003, is amended to read as
53 follows:
54 (b) (i) When initiated in the family court, the family court has
55 jurisdiction to determine, in accordance with subdivision one of section
56 two hundred forty of the domestic relations law and with the same powers
S. 5998--B 9
1 possessed by the supreme court in addition to its own powers, habeas
2 corpus proceedings and proceedings brought by petition and order to show
3 cause, for the determination of the custody or visitation of minors,
4 including applications by a grandparent or grandparents for visitation
5 or custody rights pursuant to section seventy-two or two hundred forty
6 of the domestic relations law.
7 (ii) The family court shall update its petition used by parties to
8 initiate child custody and visitation proceedings in a manner to permit
9 petitioners to specify allegations of child abuse or domestic violence.
10 § 7. Subdivision (e) of section 651 of the family court act, as
11 amended by chapter 295 of the laws of 2009, is amended to read as
12 follows:
13 (e) 1. Permanent and initial temporary orders of custody or visita-
14 tion. Prior to the issuance of any permanent or initial temporary order
15 of custody or visitation, the court shall conduct a review of [the deci-
16 sions and reports listed in paragraph three of this subdivision.] any
17 allegations of domestic violence or child abuse made by either party to
18 an action concerning custody of or a right to visitation with a child
19 against the other party, pursuant to paragraph (a-1) of subdivision one
20 of section two hundred forty and section two hundred forty-e of the
21 domestic relations law. When the parties first appear in court, the
22 court shall advise the parties before proceeding of the right to be
23 represented by counsel of their own choosing, of the right to have an
24 adjournment of no longer than thirty days to confer with counsel, and
25 the right to seek counsel fees and expenses, pursuant to section two
26 hundred thirty-seven of the domestic relations law. The court shall
27 assign counsel to the eligible parties and children, pursuant to article
28 two of this act and subdivisions seven and eight of section thirty-five
29 of the judiciary law.
30 2. [Successive temporary orders of custody or visitation. Prior to the
31 issuance of any successive temporary order of custody or visitation, the
32 court shall conduct a review of the decisions and reports listed in
33 paragraph three of this subdivision, unless such a review has been
34 conducted within ninety days prior to the issuance of such order.
35 3.] Decisions and reports for review. The court shall conduct a review
36 of the following:
37 (i) related decisions in court proceedings initiated pursuant to arti-
38 cle ten of this act, and all warrants issued under this act; and
39 (ii) reports of the statewide computerized registry of orders of
40 protection established and maintained pursuant to section two hundred
41 twenty-one-a of the executive law, and reports of the sex offender
42 registry established and maintained pursuant to section one hundred
43 sixty-eight-b of the correction law.
44 3. Information to review. The court shall also consider:
45 (i) any party's history of domestic violence or child abuse or inci-
46 dents involving harm to a child;
47 (ii) police reports, including domestic violence incident reports, or
48 reports of incidents involving child abuse or domestic violence by a
49 party; and
50 (iii) evidence and prior judicial findings of incidents of child abuse
51 or domestic violence including but not limited to:
52 (A) an increase in frequency or severity of domestic violence;
53 (B) use or threats to use a weapon or dangerous instrument, or unlaw-
54 ful possession of firearms;
55 (C) threats to harm or kill the child, the other party, the other
56 party's children, self or others, or companion animals;
S. 5998--B 10
1 (D) sexual abuse or other sexual offenses against the child or other
2 party;
3 (E) unlawful dissemination or publication of an intimate image, pursu-
4 ant to section 245.15 of the penal law;
5 (F) incidents involving obstruction of breathing or strangulation;
6 (G) any party's pattern of alcohol or substance abuse that threatens
7 the child's safety;
8 (H) incidents of violence during pregnancy;
9 (I) incidents of stalking or cyber stalking;
10 (J) coercive control, as defined in paragraph (b) of subdivision one
11 of section two hundred forty-e of the domestic relations law; and
12 (K) any other considerations the court deems appropriate.
13 4. Notifying counsel and issuing orders. Upon consideration of deci-
14 sions pursuant to article ten of this act, and registry reports and
15 notifying counsel involved in the proceeding, or in the event of a self-
16 represented party, notifying such party of the results thereof, includ-
17 ing any court appointed attorney for children, the court may issue a
18 temporary, successive temporary or final order of custody or visitation.
19 5. Temporary emergency order. Notwithstanding any other provision of
20 the law, upon emergency situations, including computer malfunctions, to
21 serve the best interest of the child, the court may issue a temporary
22 emergency order for custody or visitation in the event that it is not
23 possible to timely review decisions and reports on registries as
24 required pursuant to paragraph [three] two of this subdivision.
25 6. After issuing a temporary emergency order. After issuing a tempo-
26 rary emergency order of custody or visitation, the court shall conduct
27 reviews of the decisions and reports on registries as required pursuant
28 to paragraph [three] two of this subdivision within twenty-four hours of
29 the issuance of such temporary emergency order. Should such twenty-four
30 hour period fall on a day when court is not in session, then the
31 required reviews shall take place the next day the court is in session.
32 Upon reviewing decisions and reports the court shall notify associated
33 counsel, self-represented parties and attorneys for children pursuant to
34 paragraph four of this subdivision and may issue temporary or permanent
35 custody or visitation orders.
36 7. Expedited hearing request. Nothing in this paragraph shall be
37 construed to limit the ability of a party or the child's attorney to
38 request, or the ability of the court to hold, an expedited hearing to
39 address other new matters that affect the child's well-being.
40 8. Feasibility study. The commissioner of the office of children and
41 family services, in conjunction with the office of court administration,
42 is hereby authorized and directed to examine, study, evaluate and make
43 recommendations concerning the feasibility of the utilization of comput-
44 ers in family courts which are connected to the statewide central regis-
45 ter of child abuse and maltreatment established and maintained pursuant
46 to section four hundred twenty-two of the social services law, as a
47 means of providing family courts with information regarding parties
48 requesting orders of custody or visitation. Such commissioner shall make
49 a preliminary report to the governor and the legislature of findings,
50 conclusions and recommendations not later than January thirty-first, two
51 thousand nine, and a final report of findings, conclusions and recommen-
52 dations not later than June first, two thousand nine, and shall submit
53 with the reports such legislative proposals as are deemed necessary to
54 implement the commissioner's recommendations.
55 § 8. Subdivision (a) of section 249 of the family court act, as
56 amended by chapter 3 of the laws of 2012, is amended to read as follows:
S. 5998--B 11
1 (a) In a proceeding under article three, seven, ten, ten-A or ten-C of
2 this act or where a revocation of an adoption consent is opposed under
3 section one hundred fifteen-b of the domestic relations law or in any
4 proceeding under section three hundred fifty-eight-a, three hundred
5 eighty-three-c, three hundred eighty-four or three hundred eighty-four-b
6 of the social services law or when a minor is sought to be placed in
7 protective custody under section one hundred fifty-eight of this act or
8 in any proceeding where a minor is detained under or governed by the
9 interstate compact for juveniles established pursuant to section five
10 hundred one-e of the executive law, the family court shall appoint an
11 attorney to represent a minor who is the subject of the proceeding or
12 who is sought to be placed in protective custody, if independent legal
13 representation is not available to such minor. In any proceeding to
14 extend or continue the placement of a juvenile delinquent or person in
15 need of supervision pursuant to section seven hundred fifty-six or 353.3
16 of this act or any proceeding to extend or continue a commitment to the
17 custody of the commissioner of mental health or the commissioner of
18 people with developmental disabilities pursuant to section 322.2 of this
19 act, the court shall not permit the respondent to waive the right to be
20 represented by counsel chosen by the respondent, respondent's parent, or
21 other person legally responsible for the respondent's care, or by
22 assigned counsel. In any proceeding under article ten-B of this act, the
23 family court shall appoint an attorney to represent a youth, under the
24 age of twenty-one, who is the subject of the proceeding, if independent
25 legal representation is not available to such youth. In any proceeding
26 under article six of this act, the court shall appoint an attorney to
27 represent the child when allegations of domestic violence or child abuse
28 have been made. In any other proceeding in which the court has jurisdic-
29 tion, including all proceedings under article six of this act, the court
30 may appoint an attorney to represent the child, when, in the opinion of
31 the family court judge, such representation will serve the purposes of
32 this act, if independent legal counsel is not available to the child.
33 The family court on its own motion may make such appointment.
34 § 9. Subdivision (a) of section 249 of the family court act, as
35 amended by chapter 672 of the laws of 2019, is amended to read as
36 follows:
37 (a) In a proceeding under article three, seven, ten, ten-A or ten-C of
38 this act or where a revocation of an adoption consent is opposed under
39 section one hundred fifteen-b of the domestic relations law or in any
40 proceeding under section three hundred fifty-eight-a, three hundred
41 eighty-three-c, three hundred eighty-four or three hundred eighty-four-b
42 of the social services law or when a minor is sought to be placed in
43 protective custody under section one hundred fifty-eight of this act,
44 the family court shall appoint an attorney to represent a minor who is
45 the subject of the proceeding or who is sought to be placed in protec-
46 tive custody, if independent legal representation is not available to
47 such minor. In any proceeding to extend or continue the placement of a
48 juvenile delinquent or person in need of supervision pursuant to section
49 seven hundred fifty-six or 353.3 of this act or any proceeding to extend
50 or continue a commitment to the custody of the commissioner of mental
51 health or the commissioner of the office for people with developmental
52 disabilities pursuant to section 322.2 of this act, the court shall not
53 permit the respondent to waive the right to be represented by counsel
54 chosen by the respondent, respondent's parent, or other person legally
55 responsible for the respondent's care, or by assigned counsel. In any
56 proceeding under article ten-B of this act, the family court shall
S. 5998--B 12
1 appoint an attorney to represent a youth, under the age of twenty-one,
2 who is the subject of the proceeding, if independent legal represen-
3 tation is not available to such youth. In any proceeding under article
4 six of this act, the court shall appoint an attorney to represent the
5 child when allegations of domestic violence or child abuse have been
6 made. In any other proceeding in which the court has jurisdiction,
7 including all proceedings under article six of this act, the court may
8 appoint an attorney to represent the child, when, in the opinion of the
9 family court judge, such representation will serve the purposes of this
10 act, if independent legal counsel is not available to the child. The
11 family court on its own motion may make such appointment.
12 § 10. This act shall take effect on the two hundred seventieth day
13 after it shall have become a law; provided, however, that the amendments
14 to subdivision (a) of section 249 of the family court act made by
15 section eight of this act shall be subject to the expiration and rever-
16 sion of such subdivision pursuant to section 8 of chapter 29 of the laws
17 of 2011, as amended, when upon such date the provisions of section nine
18 of this act shall take effect. Effective immediately, the addition,
19 amendment and/or repeal of any rule or regulation necessary for the
20 implementation of this act on its effective date are authorized to be
21 made and completed on or before such effective date.
