Bill Text: NY A03807 | 2019-2020 | General Assembly | Introduced
Bill Title: Requires the state, by and through the secretary of state, to make good faith efforts to notify a non-custodial parent when a minor is the victim of a crime of violence and/or sexual abuse; requires the court upon the arraignment of a criminal defendant to investigate whether the defendant is the parent of a minor child and if so, to instruct the defendant to make an appropriate plan for the child; requires the court to notify a non-custodial parent of the custodial parent's arrest for the commission of a felony; and requires family courts to require parties to a custody and/or visitation proceeding, one of which who was previously arrested on a felony charge, to immediately notify the other parent of such arrest.
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced - Dead) 2020-01-08 - referred to children and families [A03807 Detail]
Download: New_York-2019-A03807-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3807 2019-2020 Regular Sessions IN ASSEMBLY January 31, 2019 ___________ Introduced by M. of A. McDONOUGH, CROUCH, RAIA, MORINELLO, BRABENEC -- Multi-Sponsored by -- M. of A. M. L. MILLER -- read once and referred to the Committee on Children and Families AN ACT to amend the executive law, in relation to requiring the super- intendent of state police to develop and disseminate policies and procedures in regard to notifying a non-custodial parent of a minor child when such child has been the victim of violence or sexual abuse; to amend the criminal procedure law, in relation to notifying a non- custodial parent of the custodial parent's arrest for the commission of a felony; and to amend the family court act, in relation to requir- ing family courts to include such notice requirements within the text of child custody determinations The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 214-a of the executive law, as added by chapter 504 2 of the laws of 1988, is amended to read as follows: 3 § 214-a. Child abuse prevention. The superintendent shall, for all 4 members of the state police: 5 (1) develop, maintain and disseminate written policies and procedures 6 pursuant to title six of article six of the social services law and 7 applicable provisions of article ten of the family court act, regarding 8 the mandatory reporting of child abuse or neglect, reporting procedures 9 and obligations of persons required to report, provisions for taking a 10 child into protective custody, mandatory reporting of deaths, immunity 11 from liability, penalties for failure to report and obligations for the 12 provision of services and procedures necessary to safeguard the life or 13 health of the child; [and] 14 (2) develop, maintain and disseminate written policies and procedures 15 regarding mandatory notification to a non-custodial parent of a minor 16 child when such minor child has been the victim of a crime of violence 17 or sexual abuse; and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01724-01-9A. 3807 2 1 (3) establish, and implement on an ongoing basis, a training program 2 for all current and new employees regarding the policies and procedures 3 established pursuant to this section. 4 § 2. Section 170.10 of the criminal procedure law is amended by adding 5 two new subdivisions 11 and 12 to read as follows: 6 11. Upon the arraignment, the court shall instruct the defendant that 7 if the defendant is the custodial parent of a child, the defendant shall 8 immediately make an appropriate plan for the child while the defendant 9 remains in custody. The court shall further instruct the defendant that 10 failure to make an appropriate plan for the child may be considered 11 child neglect and/or abuse pursuant to article ten of the family court 12 act. 13 If the court discovers that the defendant has left a child at home 14 without adult supervision, the court shall immediately contact the 15 office of children and family services. 16 12. Notwithstanding any other provision of law to the contrary, if a 17 person is charged with the commission of a felony, the court shall: 18 (a) Upon the arraignment, inquire whether the defendant is the custo- 19 dial parent of a minor child. The court shall exercise due diligence in 20 obtaining the whereabouts and contact information of such minor child 21 and the name and contact information of the non-custodial parent, if 22 any. For purposes of this subdivision, "non-custodial parent" shall mean 23 any person recognized as the biological parent of a minor child, includ- 24 ing, but not limited to, persons named on such minor child's birth 25 certificate and/or named within a child support or custody/visitation 26 order issued by a court of competent jurisdiction, and who does not have 27 physical custody of the child at the time of the person's arrest; and 28 (b) Within ten days after the arraignment, contact the non-custodial 29 parent and inform such parent of such arrest. 30 (c) The provisions of this subdivision shall not apply where an order 31 of protection has been issued against the non-custodial parent by a 32 court of competent jurisdiction. 33 § 3. The family court act is amended by adding a new section 658 to 34 read as follows: 35 § 658. Required conditions to a child custody determination when a 36 party to the custody and/or visitation proceeding has been previously 37 arrested on a felony charge. Where a party to a custody and/or visita- 38 tion proceeding has been previously arrested and/or convicted on a felo- 39 ny charge, the court shall not accept or issue a child custody determi- 40 nation without requiring the following conditions: 41 (a) If either party to the custody and/or visitation proceeding is 42 subsequently arrested on a felony charge, such party shall immediately 43 notify the other party of their arrest; 44 (b) If either party to the custody and/or visitation proceeding relo- 45 cates to another state, the relocating party shall register the custody 46 and/or visitation determination with the other state within thirty days 47 after relocation and such party's failure to register the determination 48 within the specified time period shall be considered a per se violation 49 of the child custody determination of this state; and 50 (c) Both parties shall promptly notify the state in which the child 51 currently resides of any change in address and/or other contact informa- 52 tion deemed appropriate. 53 § 4. This act shall take effect the first of January next succeeding 54 the date on which it shall have become a law.
