Bill Text: NY A06054 | 2017-2018 | General Assembly | Introduced
Bill Title: Makes numerous modifications to provisions of various laws relating to child custody matters; provides for shared parenting custody; provides for parenting time rather than visitation; provides for mediation and counseling in matrimonial actions involving children; establishes sanctions for interference with parenting time; provides for equality in the burden of child support between parents; bases child support on net income exclusive of income and FICA taxes; provides that child support ceases at age 18; requires contract support collection agents to be audited; deals with DNA evidence when question of paternity; increases parental access to information.
Spectrum: Partisan Bill (Republican 8-0)
Status: (Introduced - Dead) 2018-05-31 - held for consideration in judiciary [A06054 Detail]
Download: New_York-2017-A06054-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6054 2017-2018 Regular Sessions IN ASSEMBLY February 23, 2017 ___________ Introduced by M. of A. KOLB, CROUCH, FINCH, MONTESANO, LALOR -- Multi- Sponsored by -- M. of A. GIGLIO, HAWLEY -- read once and referred to the Committee on Judiciary AN ACT to amend the domestic relations law, in relation to establishing a presumption of shared parenting of minor children in matrimonial proceedings; to amend the domestic relations law, the social services law and the family court act, in relation to changing the denotation of visitation to parenting time; to amend the domestic relations law, in relation to matrimonial actions involving custody of children; and in relation to the obligations of child support; to amend the social services law, in relation to audits of support collection fiscal agents; to amend the family court act, in relation to opening all family court proceedings to the public; to amend the family court act, in relation to the review of evidence; to amend the family court act, in relation to DNA evidence when question of paternity; to amend the domestic relations law, in relation to parental access to information; and to amend the family court act and the social services law, in relation to the payment of child support The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative findings and intent. The legislature hereby 2 finds that, in cases of child custody, the court's paramount concern is 3 always the best interests of the child. Shared parenting, where both 4 parents share as equally as possible in the legal responsibility, living 5 experience, and physical care of the child, has been found to be in the 6 child's best interests in certain circumstances. Where the relationship 7 between the parent and child is free from domestic violence, abuse, 8 neglect and other harmful circumstances, shared parenting is beneficial 9 to both parent and child. This legislation seeks to encourage courts and 10 interested parties to work towards the goal of shared parenting whenever 11 practical and when in the best interests of the child. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03587-01-7A. 6054 2 1 § 2. Short title. This act shall be known and may be cited as the 2 "family court reform act of 2017". 3 § 3. The domestic relations law is amended by adding a new section 4 240-d to read as follows: 5 § 240-d. Custody of children. 1. Where the court considers awarding 6 shared parenting pursuant to the provisions of this section "shared 7 parenting" shall mean an order awarding custody of the child to both 8 parties so that both parties share equally the legal responsibility and 9 control of such child and share equally the living experience in time 10 and physical care to assure frequent and continuing contact with both 11 parties, as the court deems to be in the best interests of the child, 12 taking into consideration the location and circumstances of each party. 13 The term "shared parenting" will be considered interchangeable with 14 "nearly equal shared parenting". An award of joint physical and legal 15 custody obligates the parties to exchange information concerning the 16 health, education and welfare of the minor child, and unless allocated, 17 apportioned, or decreed, the parents or parties shall confer with one 18 another in the exercise of decision-making rights, responsibilities and 19 authority. 20 1-a. (a) Upon the initial appearance in court in an action for 21 divorce, nullity or separate maintenance where custody, visitation or 22 support of a minor child is at issue, and where both parties agree to 23 shared parenting, the court shall appoint an independent evaluator with 24 expertise in the field, including but not limited to, child psychology, 25 domestic violence counseling, etc., to investigate the family dynamic 26 and interview the parents, children and other interested parties, 27 including but not limited to, family members, friends and co-workers. 28 The independent evaluator's goal is to determine whether shared parent- 29 ing is in the best interests of the child and to ensure that domestic 30 violence and/or any other type of abuse, reported or unreported by the 31 victim or by an appropriate federal, state or municipal agency, is not 32 present in the household setting. The court shall utilize the independ- 33 ent evaluator's analysis and report, along with other supporting docu- 34 ments provided by the parties, to determine the best interests of the 35 child and to award custody based on that determination. 36 (b) The court shall determine each party's ability to pay the cost 37 related to the evaluation. Any cost above and beyond the parents' abili- 38 ty to pay shall be incurred by the county. 39 (c) If either parent has been convicted of abuse, including but not 40 limited to, domestic violence and sexual abuse against either the other 41 parent and/or the child, shared parenting shall not be a custodial 42 option. If either parent accuses the other parent of domestic violence, 43 sexual abuse, etc., against him or herself, and/or the child, the court 44 shall suspend its determination as to whether or not shared parenting is 45 in the best interests of the child, until the accusation has been inves- 46 tigated and a determination has been made by law enforcement or appro- 47 priate federal, state or municipal agencies. If such agencies determine 48 that the abuse occurred, shared parenting shall not be a custodial 49 option. If such agency finds that abuse was not present, the court shall 50 resume its determination as to whether or not shared parenting is in the 51 best interests of the child. Should such allegations be proven false and 52 the court determined upon motion by the accused party that such allega- 53 tions were made maliciously and in bad faith, the court shall have the 54 authority to sanction the accusing party pursuant to the powers granted 55 to the court pursuant to section two hundred forty of this article.A. 6054 3 1 2. For the purposes of this article a "parenting plan" shall be 2 required to be submitted to the court if the court awards shared parent- 3 ing. 4 Each parent must agree to a parenting plan during mediation. The 5 parenting plan would provide for the minor children's physical care, 6 maintain the minor children's emotional stability, and provide for the 7 minor children's changing needs as he or she develops, in a manner which 8 minimizes the need for future modifications to the plan. The parties 9 would be encouraged to fulfill their parenting responsibilities through 10 agreements in the parenting plan rather than by relying on judicial 11 intervention. 12 The plan shall determine procedures for the day to day care of the 13 minor child and procedures for transporting the minor child from one 14 parent to the other parent at the start and conclusion of parenting 15 time. The plan shall include time spent with each parent on a weekly 16 basis, special occasions, including birthdays, religious and secular 17 holidays and vacations. The plan shall also specify how major decisions 18 regarding the minor child's health care, education, and religious 19 upbringing will be made. Those items that remain unresolved will go 20 before the judge for determination. The judge shall rely, in part, on 21 the testimony of the mediation counselor in all unresolved issues. 22 Other issues, including but not limited to property division, financial 23 issues and child support shall not be addressed in this plan. 24 The court shall have final approval over such plan and may modify, 25 suspend or nullify the plan at its discretion. The court shall have one 26 year to review the parenting plan to determine whether such plan is 27 being followed and continues to be in the best interests of the child. 28 At such time, the court shall retain the power to modify, suspend or 29 nullify the plan based on its findings. 30 § 4. The domestic relations law is amended by adding a new section 31 240-e to read as follows: 32 § 240-e. Parties in disagreement over shared parenting. 1. If the 33 parties are seeking a custody arrangement other than shared parenting or 34 where one parent objects to an award of shared parenting, the court must 35 determine what custody arrangement is in the best interests of the 36 child. If one party is seeking shared parenting and the other party is 37 seeking sole custody, both parties shall bear the burden of proof that 38 their requested arrangement is in the best interests of the child 39 through the introduction of testimony and supporting documents, etc. to 40 the court. 41 2. The court shall determine each party's ability to pay the cost 42 related to the evaluation. Any cost above and beyond the parents' abil- 43 ity to pay shall be incurred by the county. 44 3. The court shall appoint an independent evaluator with expertise in, 45 but not limited to, child psychology, domestic violence counseling, etc. 46 to investigate the family dynamic and interview the parents, children 47 and other interested parties, including but not limited to, family 48 members, friends and co-workers. The independent evaluator's goal is to 49 determine what custody arrangement is in the best interests of the child 50 and to ensure that domestic violence and/or any other type of abuse, 51 reported or unreported by the victim or by an appropriate federal, state 52 or municipal agency, is not present in the household setting. The court 53 shall utilize the independent evaluator's analysis and report, along 54 with other supporting documents provided by the parties, to determine 55 the best interests of the child and to award custody based on that 56 determination. If one party sought shared parenting, and the court foundA. 6054 4 1 that such an award would not be in the best interests of the child, the 2 court must state its reasoning behind such determination in the order 3 setting out the custody award. 4 4. The court, in its discretion, may require the parent who was not 5 awarded shared parenting to fulfill certain conditions, including but 6 not limited to, parenting classes, general counseling, anger management 7 classes, and substance abuse counseling, and shall list such conditions 8 on the custody order. 9 5. Upon the non-custodial parent's motion, the court shall, one year 10 following the initial award of custody, revisit its findings and make a 11 subsequent determination whether or not shared parenting is in the best 12 interests of the child. Such review is contingent on the non-custodial 13 parent's completion of the conditions set forth in the custody order. 14 § 5. Subdivision (b) of section 70 of the domestic relations law, as 15 added by chapter 457 of the laws of 1988, is amended to read as follows: 16 (b) Any order under this section which applies to rights of visitation 17 or parenting time with a child remanded or placed in the care of a 18 person, official, agency or institution pursuant to article ten of the 19 family court act or pursuant to an instrument approved under section 20 three hundred fifty-eight-a of the social services law, shall be 21 enforceable pursuant to the provisions of part eight of article ten of 22 [such] the family court act, sections three hundred fifty-eight-a and 23 three hundred eighty-four-a of the social services law and other appli- 24 cable provisions of law against any person or official having care and 25 custody, or temporary care and custody, of such child. 26 § 6. Subdivision 1 of section 235 of the domestic relations law, as 27 amended by chapter 122 of the laws of 1979, is amended to read as 28 follows: 29 1. An officer of the court with whom the proceedings in a matrimonial 30 action or a written agreement of separation or an action or proceeding 31 for custody, visitation, parenting time or maintenance of a child are 32 filed, or before whom the testimony is taken, or his clerk, either 33 before or after the termination of the suit, shall not permit a copy of 34 any of the pleadings, affidavits, findings of fact, conclusions of law, 35 judgment of dissolution, written agreement of separation or memorandum 36 thereof, or testimony, or any examination or perusal thereof, to be 37 taken by any other person than a party, or the attorney or counsel of a 38 party, except by order of the court. 39 § 7. Subdivision (b) of section 237 of the domestic relations law, as 40 amended by chapter 329 of the laws of 2010, is amended to read as 41 follows: 42 (b) Upon any application to enforce, annul or modify an order or judg- 43 ment for alimony, maintenance, distributive award, distribution of mari- 44 tal property or for custody, [visitation] parenting time, or maintenance 45 of a child, made as in section two hundred thirty-six or section two 46 hundred forty of this article provided, or upon any application by writ 47 of habeas corpus or by petition and order to show cause concerning 48 custody, [visitation] parenting time or maintenance of a child, the 49 court may direct a spouse or parent to pay counsel fees and fees and 50 expenses of experts directly to the attorney of the other spouse or 51 parent to enable the other party to carry on or defend the application 52 or proceeding by the other spouse or parent as, in the court's 53 discretion, justice requires, having regard to the circumstances of the 54 case and of the respective parties. There shall be a rebuttable presump- 55 tion that counsel fees shall be awarded to the less monied spouse. In 56 exercising the court's discretion, the court shall seek to assure thatA. 6054 5 1 each party shall be adequately represented and that where fees and 2 expenses are to be awarded, they shall be awarded on a timely basis, 3 pendente lite, so as to enable adequate representation from the 4 commencement of the proceeding. Applications for the award of fees and 5 expenses may be made at any time or times prior to final judgment. Both 6 parties to the action or proceeding and their respective attorneys, 7 shall file an affidavit with the court detailing the financial agree- 8 ment, between the party and the attorney. Such affidavit shall include 9 the amount of any retainer, the amounts paid and still owing thereunder, 10 the hourly amount charged by the attorney, the amounts paid, or to be 11 paid, any experts, and any additional costs, disbursements or expenses. 12 Any applications for fees and expenses may be maintained by the attorney 13 for either spouse in counsel's own name in the same proceeding. Payment 14 of any retainer fees to the attorney for the petitioning party shall not 15 preclude any awards of fees and expenses to an applicant which would 16 otherwise be allowed under this section. 17 § 8. Subdivisions 1 and 1-a of section 240 of the domestic relations 18 law, subdivision 1 as amended by chapter 624 of the laws of 2002, para- 19 graph (a) of subdivision 1 as amended by chapter 567 of the laws of 20 2015, paragraph (a-1) of subdivision 1 as amended by chapter 295 of the 21 laws of 2009, paragraph (a-2) of subdivision 1 as added by chapter 473 22 of the laws of 2009, subparagraph 3 of paragraph (b) and paragraph (d) 23 of subdivision 1 as added and clause (iii) of subparagraph 2 of para- 24 graph (c) of subdivision 1 as amended by chapter 215 of the laws of 25 2009, and subdivision 1-a as amended by chapter 12 of the laws of 1996, 26 are amended to read as follows: 27 1. (a) In any action or proceeding brought (1) to annul a marriage or 28 to declare the nullity of a void marriage, or (2) for a separation, or 29 (3) for a divorce, or (4) to obtain, by a writ of habeas corpus or by 30 petition and order to show cause, the custody of or right to [visita-31tion] parenting time with any child of a marriage, the court shall 32 require verification of the status of any child of the marriage with 33 respect to such child's custody and support, including any prior orders, 34 and shall enter orders for custody and support as, in the court's 35 discretion, justice requires, having regard to the circumstances of the 36 case and of the respective parties and to the best interests of the 37 child and subject to the provisions of subdivision one-c of this 38 section. Where either party to an action concerning custody of or a 39 right to [visitation] parenting time with a child alleges in a sworn 40 petition or complaint or sworn answer, cross-petition, counterclaim or 41 other sworn responsive pleading that the other party has committed an 42 act of domestic violence against the party making the allegation or a 43 family or household member of either party, as such family or household 44 member is defined in article eight of the family court act, and such 45 allegations are proven by a preponderance of the evidence, the court 46 must consider the effect of such domestic violence upon the best inter- 47 ests of the child, together with such other facts and circumstances as 48 the court deems relevant in making a direction pursuant to this section 49 and state on the record how such findings, facts and circumstances 50 factored into the direction. However, should such allegations be proven 51 false, the court shall have within its power the authority to sanction 52 the accusing party. The subject of an unfounded report of domestic abuse 53 who believes the report was made maliciously and in bad faith may pres- 54 ent a written request to the court for a determination that the reporter 55 acted maliciously or in bad faith and must be sanctioned. If a parent 56 makes a good faith allegation based on a reasonable belief supported byA. 6054 6 1 facts that the child is the victim of child abuse, child neglect, or the 2 effects of domestic violence, and if that parent acts lawfully and in 3 good faith in response to that reasonable belief to protect the child or 4 seek treatment for the child, then that parent shall not be deprived of 5 custody, [visitation] parenting time or contact with the child, or 6 restricted in custody, [visitation] parenting time or contact, based 7 solely on that belief or the reasonable actions taken based on that 8 belief. If an allegation that a child is abused is supported by a 9 preponderance of the evidence, then the court shall consider such 10 evidence of abuse in determining the [visitation] parenting time 11 arrangement that is in the best interest of the child, and the court 12 shall not place a child in the custody of a parent who presents a 13 substantial risk of harm to that child, and shall state on the record 14 how such findings were factored into the determination. [Where a15proceeding filed pursuant to article ten or ten-A of the family court16act is pending at the same time as a proceeding brought in the supreme17court involving the custody of, or right to visitation with, any child18of a marriage, the court presiding over the proceeding under article ten19or ten-A of the family court act may jointly hear the dispositional20hearing on the petition under article ten or the permanency hearing21under article ten-A of the family court act and, upon referral from the22supreme court, the hearing to resolve the matter of custody or visita-23tion in the proceeding pending in the supreme court; provided however,24the court must determine custody or visitation in accordance with the25terms of this section.] 26 An order directing the payment of child support shall contain the 27 social security numbers of the named parties. [In all cases there shall28be no prima facie right to the custody of the child in either parent.29Such direction] Before the court makes any order awarding custody to a 30 person or persons other than a parent without consent of the parents, it 31 shall make a finding that an award of custody to a parent would be 32 detrimental to the child and the award to the nonparent is required to 33 serve the best interests of the child. Allegations that parental custody 34 would be detrimental to the child, other than a statement of the ulti- 35 mate fact, shall not appear in the pleadings. The court may, in its 36 discretion, exclude the public for the hearing on this issue. The court 37 shall state in writing the reasons for its decision and why the award 38 made was found to be in the best interest of the child. Any direction 39 made pursuant to this subdivision shall make provision for child support 40 out of the property of [either or] both parents. The court shall make 41 its award for child support pursuant to subdivision one-b of this 42 section. Such direction may provide for reasonable visitation rights to 43 the maternal and/or paternal grandparents of any child of the parties. 44 Such direction as it applies to rights of visitation or parenting time 45 with a child remanded or placed in the care of a person, official, agen- 46 cy or institution pursuant to article ten of the family court act, or 47 pursuant to an instrument approved under section three hundred fifty- 48 eight-a of the social services law, shall be enforceable pursuant to 49 part eight of article ten of the family court act and sections three 50 hundred fifty-eight-a and three hundred eighty-four-a of the social 51 services law and other applicable provisions of law against any person 52 having care and custody, or temporary care and custody, of the child. 53 Notwithstanding any other provision of law, any written application or 54 motion to the court for the establishment, modification or enforcement 55 of a child support obligation for persons not in receipt of public 56 assistance and care must contain either a request for child supportA. 6054 7 1 enforcement services which would authorize the collection of the support 2 obligation by the immediate issuance of an income execution for support 3 enforcement as provided for by this chapter, completed in the manner 4 specified in section one hundred eleven-g of the social services law; or 5 a statement that the applicant has applied for or is in receipt of such 6 services; or a statement that the applicant knows of the availability of 7 such services, has declined them at this time and where support enforce- 8 ment services pursuant to section one hundred eleven-g of the social 9 services law have been declined that the applicant understands that an 10 income deduction order may be issued pursuant to subdivision (c) of 11 section fifty-two hundred forty-two of the civil practice law and rules 12 without other child support enforcement services and that payment of an 13 administrative fee may be required. The court shall provide a copy of 14 any such request for child support enforcement services to the support 15 collection unit of the appropriate social services district any time it 16 directs payments to be made to such support collection unit. Addi- 17 tionally, the copy of any such request shall be accompanied by the name, 18 address and social security number of the parties; the date and place of 19 the parties' marriage; the name and date of birth of the child or chil- 20 dren; and the name and address of the employers and income payors of the 21 party from whom child support is sought or from the party ordered to pay 22 child support to the other party. Such direction may require the payment 23 of a sum or sums of money either directly to the custodial parent or to 24 third persons for goods or services furnished for such child, or for 25 both payments to the custodial parent and to such third persons; 26 provided, however, that unless the party seeking or receiving child 27 support has applied for or is receiving such services, the court shall 28 not direct such payments to be made to the support collection unit, as 29 established in section one hundred eleven-h of the social services law. 30 Every order directing the payment of support shall require that if 31 either parent currently, or at any time in the future, has health insur- 32 ance benefits available that may be extended or obtained to cover the 33 child, such parent is required to exercise the option of additional 34 coverage in favor of such child and execute and deliver to such person 35 any forms, notices, documents or instruments necessary to assure timely 36 payment of any health insurance claims for such child. 37 (a-1)(1) Permanent and initial temporary orders of custody or [visita-38tion] parenting time. Prior to the issuance of any permanent or initial 39 temporary order of custody or [visitation] parenting time, the court 40 shall conduct a review of the decisions and reports listed in subpara- 41 graph three of this paragraph. 42 (2) Successive temporary orders of custody or [visitation] parenting 43 time. Prior to the issuance of any successive temporary order of custody 44 or [visitation] parenting time, the court shall conduct a review of the 45 decisions and reports listed in subparagraph three of this paragraph, 46 unless such a review has been conducted within ninety days prior to the 47 issuance of such order. 48 (3) Decisions and reports for review. The court shall conduct a review 49 of the following: 50 (i) related decisions in court proceedings initiated pursuant to arti- 51 cle ten of the family court act, and all warrants issued under the fami- 52 ly court act; and 53 (ii) reports of the statewide computerized registry of orders of 54 protection established and maintained pursuant to section two hundred 55 twenty-one-a of the executive law, and reports of the sex offenderA. 6054 8 1 registry established and maintained pursuant to section one hundred 2 sixty-eight-b of the correction law. 3 (4) Notifying counsel and issuing orders. Upon consideration of deci- 4 sions pursuant to article ten of the family court act, and registry 5 reports and notifying counsel involved in the proceeding, or in the 6 event of a self-represented party, notifying such party of the results 7 thereof, including any court appointed attorney for children, the court 8 may issue a temporary, successive temporary or final order of custody or 9 [visitation] parenting time. 10 (5) Temporary emergency order. Notwithstanding any other provision of 11 the law, upon emergency situations, including computer malfunctions, to 12 serve the best interest of the child, the court may issue a temporary 13 emergency order for custody or [visitation] parenting time in the event 14 that it is not possible to timely review decisions and reports on regis- 15 tries as required pursuant to subparagraph three of this paragraph. 16 (6) After issuing a temporary emergency order. After issuing a tempo- 17 rary emergency order of custody or [visitation] parenting time, the 18 court shall conduct reviews of the decisions and reports on registries 19 as required pursuant to subparagraph three of this paragraph within 20 twenty-four hours of the issuance of such temporary emergency order. 21 Should such twenty-four hour period fall on a day when court is not in 22 session, then the required reviews shall take place the next day the 23 court is in session. Upon reviewing decisions and reports the court 24 shall notify associated counsel, self-represented parties and attorneys 25 for children pursuant to subparagraph four of this paragraph and may 26 issue temporary or permanent custody or [visitation] parenting time 27 orders. 28 (7) Feasibility study. The commissioner of the office of children and 29 family services, in conjunction with the office of court administration, 30 is hereby authorized and directed to examine, study, evaluate and make 31 recommendations concerning the feasibility of the utilization of comput- 32 ers in courts which are connected to the statewide central register of 33 child abuse and maltreatment established and maintained pursuant to 34 section four hundred twenty-two of the social services law, as a means 35 of providing courts with information regarding parties requesting orders 36 of custody or [visitation] parenting time. Such commissioner shall make 37 a preliminary report to the governor and the legislature of findings, 38 conclusions and recommendations not later than January first, two thou- 39 sand nine, and a final report of findings, conclusions and recommenda- 40 tions not later than June first, two thousand nine, and shall submit 41 with the reports such legislative proposals as are deemed necessary to 42 implement the commissioner's recommendations. 43 (a-2) Military service by parent; effect on child custody orders. (1) 44 During the period of time that a parent is activated, deployed or tempo- 45 rarily assigned to military service, such that the parent's ability to 46 continue as a joint caretaker or the primary caretaker of a minor child 47 is materially affected by such military service, any orders issued 48 pursuant to this section, based on the fact that the parent is acti- 49 vated, deployed or temporarily assigned to military service, which would 50 materially affect or change a previous judgment or order regarding 51 custody of that parent's child or children as such judgment or order 52 existed on the date the parent was activated, deployed, or temporarily 53 assigned to military service, shall be subject to review pursuant to 54 subparagraph three of this paragraph. Any relevant provisions of the 55 Service Member's Civil Relief Act shall apply to all proceedings 56 governed by this section.A. 6054 9 1 (2) During such period, the court may enter an order to modify custody 2 if there is clear and convincing evidence that the modification is in 3 the best interests of the child. An attorney for the child shall be 4 appointed in all cases where a modification is sought during such mili- 5 tary service. Such order shall be subject to review pursuant to subpara- 6 graph three of this paragraph. When entering an order pursuant to this 7 section, the court shall consider and provide for, if feasible and if in 8 the best interests of the child, contact between the military service 9 member and his or her child, including, but not limited to, electronic 10 communication by e-mail, webcam, telephone, or other available means. 11 During the period of the parent's leave from military service, the court 12 shall consider the best interests of the child when establishing a 13 parenting schedule, including [visiting] parenting time and other 14 contact. For such purposes, a "leave from military service" shall be a 15 period of not more than three months. 16 (3) Unless the parties have otherwise stipulated or agreed, if an 17 order is issued pursuant to this paragraph, the return of the parent 18 from active military service, deployment or temporary assignment shall 19 be considered a substantial change in circumstances. Upon the request of 20 either parent, the court shall determine on the basis of the child's 21 best interests whether the custody judgment or order previously in 22 effect should be modified. 23 (4) This paragraph shall not apply to assignments to permanent duty 24 stations or permanent changes of station. 25 (b) As used in this section, the following terms shall have the 26 following meanings: 27 (1) "Health insurance benefits" means any medical, dental, optical and 28 prescription drugs and health care services or other health care bene- 29 fits that may be provided for a dependent through an employer or organ- 30 ization, including such employers or organizations which are self 31 insured, or through other available health insurance or health care 32 coverage plans. 33 (2) "Available health insurance benefits" means any health insurance 34 benefits that are reasonable in cost and that are reasonably accessible 35 to the person on whose behalf the petition is brought. Health insurance 36 benefits that are not reasonable in cost or whose services are not 37 reasonably accessible to such person, shall be considered unavailable. 38 (3) When the person on whose behalf the petition is brought is a child 39 in accordance with paragraph (c) of this subdivision, health insurance 40 benefits shall be considered "reasonable in cost" if the cost of health 41 insurance benefits does not exceed five percent of the combined parental 42 gross income. The cost of health insurance benefits shall refer to the 43 cost of the premium and deductible attributable to adding the child or 44 children to existing coverage or the difference between such costs for 45 self-only and family coverage. Provided, however, the presumption that 46 the health insurance benefits are reasonable in cost may be rebutted 47 upon a finding that the cost is unjust or inappropriate which finding 48 shall be based on the circumstances of the case, the cost and comprehen- 49 siveness of the health insurance benefits for which the child or chil- 50 dren may otherwise be eligible, and the best interests of the child or 51 children. In no instance shall health insurance benefits be considered 52 "reasonable in cost" if a parent's share of the cost of extending such 53 coverage would reduce the income of that parent below the self-support 54 reserve. Health insurance benefits are "reasonably accessible" if the 55 child lives within the geographic area covered by the plan or lives 56 within thirty minutes or thirty miles of travel time from the child'sA. 6054 10 1 residence to the services covered by the health insurance benefits or 2 through benefits provided under a reciprocal agreement; provided, howev- 3 er, this presumption may be rebutted for good cause shown including, but 4 not limited to, the special health needs of the child. The court shall 5 set forth such finding and the reasons therefor in the order of support. 6 (c) When the person on whose behalf the petition is brought is a 7 child, the court shall consider the availability of health insurance 8 benefits to all parties and shall take the following action to ensure 9 that health insurance benefits are provided for the benefit of the 10 child: 11 (1) Where the child is presently covered by health insurance benefits, 12 the court shall direct in the order of support that such coverage be 13 maintained, unless either parent requests the court to make a direction 14 for health insurance benefits coverage pursuant to paragraph two of this 15 subdivision. 16 (2) Where the child is not presently covered by health insurance bene- 17 fits, the court shall make a determination as follows: 18 (i) If only one parent has available health insurance benefits, the 19 court shall direct in the order of support that such parent provide 20 health insurance benefits. 21 (ii) If both parents have available health insurance benefits the 22 court shall direct in the order of support that either parent or both 23 parents provide such health insurance. The court shall make such deter- 24 mination based on the circumstances of the case, including, but not 25 limited to, the cost and comprehensiveness of the respective health 26 insurance benefits and the best interests of the child. 27 (iii) If neither parent has available health insurance benefits, the 28 court shall direct in the order of support that the custodial parent 29 apply for the state's child health insurance plan pursuant to title 30 one-A of article twenty-five of the public health law and the medical 31 assistance program established pursuant to title eleven of article five 32 of the social services law. A direction issued under this subdivision 33 shall not limit or alter either parent's obligation to obtain health 34 insurance benefits at such time as they become available, as required 35 pursuant to paragraph (a) of this subdivision. Nothing in this subdivi- 36 sion shall alter or limit the authority of the medical assistance 37 program to determine when it is considered cost effective to require a 38 custodial parent to enroll a child in an available group health insur- 39 ance plan pursuant to paragraphs (b) and (c) of subdivision one of 40 section three hundred sixty-seven-a of the social services law. 41 (d) The cost of providing health insurance benefits or benefits under 42 the state's child health insurance plan or the medical assistance 43 program, pursuant to paragraph (c) of this subdivision, shall be deemed 44 cash medical support, and the court shall determine the obligation of 45 either or both parents to contribute to the cost thereof pursuant to 46 subparagraph five of paragraph (c) of subdivision one-b of this section. 47 (e) The court shall provide in the order of support that the legally 48 responsible relative immediately notify the other party, or the other 49 party and the support collection unit when the order is issued on behalf 50 of a child in receipt of public assistance and care or in receipt of 51 services pursuant to section one hundred eleven-g of the social services 52 law, of any change in health insurance benefits, including any termi- 53 nation of benefits, change in the health insurance benefit carrier, 54 premium, or extent and availability of existing or new benefits. 55 (f) Where the court determines that health insurance benefits are 56 available, the court shall provide in the order of support that theA. 6054 11 1 legally responsible relative immediately enroll the eligible dependents 2 named in the order who are otherwise eligible for such benefits without 3 regard to any seasonal enrollment restrictions. Such order shall further 4 direct the legally responsible relative to maintain such benefits as 5 long as they remain available to such relative. Such order shall further 6 direct the legally responsible relative to assign all insurance 7 reimbursement payments for health care expenses incurred for his or her 8 eligible dependents to the provider of such services or the party actu- 9 ally having incurred and satisfied such expenses, as appropriate. 10 (g) When the court issues an order of child support or combined child 11 and spousal support on behalf of persons in receipt of public assistance 12 and care or in receipt of services pursuant to section one hundred 13 eleven-g of the social services law, such order shall further direct 14 that the provision of health care benefits shall be immediately enforced 15 pursuant to section fifty-two hundred forty-one of the civil practice 16 law and rules. 17 (h) When the court issues an order of child support or combined child 18 and spousal support on behalf of persons other than those in receipt of 19 public assistance and care or in receipt of services pursuant to section 20 one hundred eleven-g of the social services law, the court shall also 21 issue a separate order which shall include the necessary direction to 22 ensure the order's characterization as a qualified medical child support 23 order as defined by section six hundred nine of the employee retirement 24 income security act of 1974 (29 USC 1169). Such order shall: (i) clearly 25 state that it creates or recognizes the existence of the right of the 26 named dependent to be enrolled and to receive benefits for which the 27 legally responsible relative is eligible under the available group 28 health plans, and shall clearly specify the name, social security number 29 and mailing address of the legally responsible relative, and of each 30 dependent to be covered by the order; (ii) provide a clear description 31 of the type of coverage to be provided by the group health plan to each 32 such dependent or the manner in which the type of coverage is to be 33 determined; and (iii) specify the period of time to which the order 34 applies. The court shall not require the group health plan to provide 35 any type or form of benefit or option not otherwise provided under the 36 group health plan except to the extent necessary to meet the require- 37 ments of a law relating to medical child support described in section 38 one thousand three hundred and ninety-six g of title forty-two of the 39 United States code. 40 (i) Upon a finding that a legally responsible relative wilfully failed 41 to obtain health insurance benefits in violation of a court order, such 42 relative will be presumptively liable for all health care expenses 43 incurred on behalf of such dependents from the first date such depen- 44 dents were eligible to be enrolled to receive health insurance benefits 45 after the issuance of the order of support directing the acquisition of 46 such coverage. 47 (j) The order shall be effective as of the date of the application 48 therefor, and any retroactive amount of child support due shall be 49 support arrears/past due support and shall, except as provided for here- 50 in, be paid in one lump sum or periodic sums, as the court shall direct, 51 taking into account any amount of temporary support which has been paid. 52 In addition, such retroactive child support shall be enforceable in any 53 manner provided by law including, but not limited to, an execution for 54 support enforcement pursuant to subdivision (b) of section fifty-two 55 hundred forty-one of the civil practice law and rules. When a child 56 receiving support is a public assistance recipient, or the order ofA. 6054 12 1 support is being enforced or is to be enforced pursuant to section one 2 hundred eleven-g of the social services law, the court shall establish 3 the amount of retroactive child support and notify the parties that such 4 amount shall be enforced by the support collection unit pursuant to an 5 execution for support enforcement as provided for in subdivision (b) of 6 section fifty-two hundred forty-one of the civil practice law and rules, 7 or in such periodic payments as would have been authorized had such an 8 execution been issued. In such case, the courts shall not direct the 9 schedule of repayment of retroactive support. Where such direction is 10 for child support and paternity has been established by a voluntary 11 acknowledgement of paternity as defined in section forty-one hundred 12 thirty-five-b of the public health law, the court shall inquire of the 13 parties whether the acknowledgement has been duly filed, and unless 14 satisfied that it has been so filed shall require the clerk of the court 15 to file such acknowledgement with the appropriate registrar within five 16 business days. Such direction may be made in the final judgment in such 17 action or proceeding, or by one or more orders from time to time before 18 or subsequent to final judgment, or by both such order or orders and the 19 final judgment. Such direction may be made notwithstanding that the 20 court for any reason whatsoever, other than lack of jurisdiction, 21 refuses to grant the relief requested in the action or proceeding. Any 22 order or judgment made as in this section provided may combine in one 23 lump sum any amount payable to the custodial parent under this section 24 with any amount payable to such parent under section two hundred thir- 25 ty-six of this article. Upon the application of either parent, or of any 26 other person or party having the care, custody and control of such child 27 pursuant to such judgment or order, after such notice to the other 28 party, parties or persons having such care, custody and control and 29 given in such manner as the court shall direct, the court may annul or 30 modify any such direction, whether made by order or final judgment, or 31 in case no such direction shall have been made in the final judgment 32 may, with respect to any judgment of annulment or declaring the nullity 33 of a void marriage rendered on or after September first, nineteen 34 hundred forty, or any judgment of separation or divorce whenever 35 rendered, amend the judgment by inserting such direction. Subject to 36 the provisions of section two hundred forty-four of this article, no 37 such modification or annulment shall reduce or annul arrears accrued 38 prior to the making of such application unless the defaulting party 39 shows good cause for failure to make application for relief from the 40 judgment or order directing such payment prior to the accrual of such 41 arrears. Such modification may increase such child support nunc pro tunc 42 as of the date of application based on newly discovered evidence. Any 43 retroactive amount of child support due shall be support arrears/past 44 due support and shall be paid in one lump sum or periodic sums, as the 45 court shall direct, taking into account any amount of temporary child 46 support which has been paid. In addition, such retroactive child support 47 shall be enforceable in any manner provided by law including, but not 48 limited to, an execution for support enforcement pursuant to subdivision 49 (b) of section fifty-two hundred forty-one of the civil practice law and 50 rules. 51 1-a. In any proceeding brought pursuant to this section to determine 52 the custody or [visitation] parenting time of minors, a report made to 53 the statewide central register of child abuse and maltreatment, pursuant 54 to title six of article six of the social services law, or a portion 55 thereof, which is otherwise admissible as a business record pursuant to 56 rule forty-five hundred eighteen of the civil practice law and rulesA. 6054 13 1 shall not be admissible in evidence, notwithstanding such rule, unless 2 an investigation of such report conducted pursuant to title six of arti- 3 cle six of the social services law has determined that there is some 4 credible evidence of the alleged abuse or maltreatment and that the 5 subject of the report has been notified that the report is indicated. In 6 addition, if such report has been reviewed by the state commissioner of 7 [social services] children and family services or his or her designee 8 and has been determined to be unfounded, it shall not be admissible in 9 evidence. If such report has been so reviewed and has been amended to 10 delete any finding, each such deleted finding shall not be admissible. 11 If the state commissioner of [social services] children and family 12 services or his or her designee has amended the report to add any new 13 finding, each such new finding, together with any portion of the 14 original report not deleted by the commissioner or his designee, shall 15 be admissible if it meets the other requirements of this subdivision and 16 is otherwise admissible as a business record. If such a report, or 17 portion thereof, is admissible in evidence but is uncorroborated, it 18 shall not be sufficient to make a fact finding of abuse or maltreatment 19 in such proceeding. Any other evidence tending to support the reliabil- 20 ity of such report shall be sufficient corroboration. 21 § 9. Paragraph c of subdivision 3 of section 240 of the domestic 22 relations law, as amended by chapter 597 of the laws of 1998, is amended 23 to read as follows: 24 c. An order of protection entered pursuant to this subdivision may be 25 made in the final judgment in any matrimonial action or in a proceeding 26 to obtain custody of or [visitation] parenting time with any child under 27 this section, or by one or more orders from time to time before or 28 subsequent to final judgment, or by both such order or orders and the 29 final judgment. The order of protection may remain in effect after entry 30 of a final matrimonial judgment and during the minority of any child 31 whose custody or [visitation] parenting time is the subject of a 32 provision of a final judgment or any order. An order of protection may 33 be entered notwithstanding that the court for any reason whatsoever, 34 other than lack of jurisdiction, refuses to grant the relief requested 35 in the action or proceeding. 36 § 10. Section 241 of the domestic relations law, as amended by chapter 37 892 of the laws of 1986, is amended to read as follows: 38 § 241. Interference with or withholding of [visitation] parenting time 39 rights; alimony or maintenance suspension. When it appears to the satis- 40 faction of the court that a custodial parent receiving alimony or main- 41 tenance pursuant to an order, judgment or decree of a court of competent 42 jurisdiction has wrongfully interfered with or withheld [visitation] 43 parenting time rights provided by such order, judgment or decree, the 44 court, in its discretion, [may] shall suspend such payments or cancel 45 any arrears that may have accrued during the time that [visitation] 46 parenting time rights have been or are being interfered with or with- 47 held. Nothing in this section shall constitute a defense in any court to 48 an application to enforce payment of child support or grounds for the 49 cancellation of arrears for child support. 50 § 11. Section 251 of the domestic relations law, as added by chapter 51 164 of the laws of 1973, is amended to read as follows: 52 § 251. Filing of order in family court. When, in a matrimonial action, 53 the supreme court refers the issues of support, custody or [visitation] 54 parenting time to the family court, the order or judgment shall provide 55 that a copy thereof shall be filed by the plaintiff's attorney, within 56 ten days, with the clerk of the family court therein specified.A. 6054 14 1 § 12. Paragraph (b) of subdivision 1 of section 252 of the domestic 2 relations law, as amended by chapter 526 of the laws of 2013, is amended 3 to read as follows: 4 (b) to permit a parent, or a person entitled to visitation or parent- 5 ing time by a court order or a separation agreement, to visit the child 6 at stated periods; 7 § 13. Subdivision 3 of section 252 of the domestic relations law, as 8 added by chapter 349 of the laws of 1995, is amended to read as follows: 9 3. An order of protection entered pursuant to this subdivision may be 10 made in the final judgment in any matrimonial action, or by one or more 11 orders from time to time before or subsequent to final judgment, or by 12 both such order or orders and the final judgment. The order of 13 protection may remain in effect after entry of a final matrimonial judg- 14 ment and during the minority of any child whose custody or [visitation] 15 parenting time is the subject of a provision of a final judgment or any 16 order. An order of protection may be entered notwithstanding that the 17 court for any reason whatsoever, other than lack of jurisdiction, 18 refuses to grant the relief requested in the action or proceeding. 19 § 14. Subdivision 10 of section 358-a of the social services law, as 20 added by chapter 457 of the laws of 1988, paragraphs (b) and (c) as 21 amended by chapter 41 of the laws of 2010, is amended to read as 22 follows: 23 (10) Visitation and parenting time rights; non-custodial parents and 24 grandparents. (a) Where a social services official incorporates in an 25 instrument visitation or parenting time rights set forth in an order, 26 judgment or agreement as described in paragraph (d) of subdivision two 27 of section three hundred eighty-four-a of this chapter, such official 28 shall make inquiry of the state central register of child abuse and 29 maltreatment to determine whether or not the person having such visita- 30 tion or parenting time rights is a subject or another person named in an 31 indicated report of child abuse or maltreatment, as such terms are 32 defined in section four hundred twelve of this chapter, and shall 33 further ascertain, to the extent practicable, whether or not such person 34 is a respondent in a proceeding under article ten of the family court 35 act whereby the respondent has been alleged or adjudicated to have 36 abused or neglected such child. 37 (b) Where a social services official or the attorney for the child 38 opposes incorporation of an order, judgment or agreement conferring 39 visitation rights or parenting time as provided for in paragraph (e) of 40 subdivision two of section three hundred eighty-four-a of this chapter, 41 the social services official or attorney for the child shall apply for 42 an order determining that the provisions of such order, judgment or 43 agreement should not be incorporated into the instrument executed pursu- 44 ant to such section. Such order shall be granted upon a finding, based 45 on competent, relevant and material evidence, that the child's life or 46 health would be endangered by incorporation and enforcement of visita- 47 tion rights or parenting time as described in such order, judgment or 48 agreement. Otherwise, the court shall deny such application. 49 (c) Where visitation rights or parenting time pursuant to an order, 50 judgment or agreement are incorporated in an instrument, the parties may 51 agree to an alternative schedule of visitation or parenting time equiv- 52 alent to and consistent with the original or modified visitation or 53 parenting time order, judgment, or agreement where such alternative 54 schedule reflects changed circumstances of the parties and is consistent 55 with the best interests of the child. In the absence of such an agree- 56 ment between the parties, the court may, in its discretion, upon appli-A. 6054 15 1 cation of any party or the child's attorney, order an alternative sched- 2 ule of visitation or parenting time, as described herein, where it 3 determines that such schedule is necessary to facilitate visitation or 4 parenting time and to protect the best interests of the child. 5 (d) The order providing an alternative schedule of visitation or 6 parenting time shall remain in effect for the length of the placement of 7 the child as provided for in such instrument unless such order is subse- 8 quently modified by the court for good cause shown. Whenever the court 9 makes an order denying or modifying visitation or parenting time rights 10 pursuant to this subdivision, the instrument described in section three 11 hundred eighty-four-a of this chapter shall be deemed amended according- 12 ly. 13 § 15. Paragraphs (b), (d) and (f) of subdivision 2 of section 384-a of 14 the social services law, paragraph (b) as added by chapter 669 of the 15 laws of 1976, paragraph (d) as added by chapter 457 of the laws of 1988 16 and paragraph (f) as amended by chapter 41 of the laws of 2010, are 17 amended to read as follows: 18 (b) No provisions set forth in any such instrument regarding the right 19 of the parent or guardian to visit the child or to have services 20 provided to the child and to the parent or guardian to strengthen the 21 parental relationship may be terminated or limited by the authorized 22 agency having the care and custody of the child unless: (i) the instru- 23 ment shall have been amended to so limit or terminate such right, pursu- 24 ant to subdivision three of this section; or (ii) the right of visita- 25 tion or parenting time or to such services would be contrary to or 26 inconsistent with a court order obtained in any proceeding in which the 27 parent or guardian was a party. 28 (d) In any case where a parent who has transferred care and custody of 29 a child to a social services official pursuant to this section informs 30 the social services official that an order or judgment conferring [visi-31tation] parenting time rights relating to the child has been entered by 32 the family court or supreme court or that a written agreement as 33 described in section two hundred thirty-six of the domestic relations 34 law between the parents confers such rights, any instrument executed 35 pursuant to this section shall incorporate the provisions of such order, 36 judgment or agreement to the extent that [visitation] parenting time 37 rights are affected and shall provide for [visitation] parenting time or 38 other rights as required by such order, judgment or agreement. Such 39 incorporation shall not preclude a social services official from exer- 40 cising his authority pursuant to paragraph (e) or (f) of this subdivi- 41 sion. 42 (f) Nothing in this section shall be deemed to prohibit a social 43 services official or an attorney for the child, if any, from making an 44 application to modify the terms of a visitation or parenting time order, 45 incorporated pursuant to this section, for good cause shown, upon notice 46 to all interested parties, or to limit the right of a non-custodial 47 parent or grandparent to seek visitation or parenting time pursuant to 48 applicable provisions of law. 49 § 16. Subparagraph (iv) of paragraph (c) of subdivision 2 of section 50 384-a of the social services law, as amended by chapter 256 of the laws 51 of 1990, is amended to read as follows: 52 (iv) that the parent or guardian has a right to supportive services, 53 which shall include preventive and other supportive services authorized 54 to be provided pursuant to the state's consolidated services plan, to 55 visit the child, and to determine jointly with the agency the terms and 56 frequency of visitation or parenting time;A. 6054 16 1 § 17. Subparagraph 5 of paragraph (f) of subdivision 7 of section 2 384-b of the social services law, as amended by chapter 113 of the laws 3 of 2010, is amended to read as follows: 4 (5) making suitable arrangements with a correctional facility and 5 other appropriate persons for an incarcerated parent to [visit] have 6 parenting time with the child within the correctional facility, if such 7 [visiting] parenting time is in the best interests of the child. When no 8 [visitation] parenting time between child and incarcerated parent has 9 been arranged for or permitted by the authorized agency because such 10 [visitation] parenting time is determined not to be in the best interest 11 of the child, then no permanent neglect proceeding under this subdivi- 12 sion shall be initiated on the basis of the lack of such [visitation] 13 parenting time. Such arrangements shall include, but shall not be 14 limited to, the transportation of the child to the correctional facili- 15 ty, and providing or suggesting social or rehabilitative services to 16 resolve or correct the problems other than incarceration itself which 17 impair the incarcerated parent's ability to maintain contact with the 18 child. When the parent is incarcerated in a correctional facility 19 located outside the state, the provisions of this subparagraph shall be 20 construed to require that an authorized agency make such arrangements 21 with the correctional facility only if reasonably feasible and permissi- 22 ble in accordance with the laws and regulations applicable to such 23 facility; and 24 § 18. Paragraph (o) of subdivision 6 of section 398 of the social 25 services law, as added by chapter 457 of the laws of 1988, is amended to 26 read as follows: 27 (o) Compliance with a court order enforcing visitation or parenting 28 time rights of a non-custodial parent or grandparent pursuant to part 29 eight of article ten of the family court act, subdivision ten of section 30 three hundred fifty-eight-a or paragraph (d) of subdivision two of 31 section three hundred eighty-four-a of this chapter, and responsibility 32 for the return of such child after visitation or parenting time so 33 ordered. 34 § 19. Subdivision 1 of section 398-d of the social services law, as 35 added by chapter 83 of the laws of 1995, is amended to read as follows: 36 1. The legislature finds that the centralized delivery of child 37 protective services, preventive services, adoption services and foster 38 care services in a social [service] services district with a population 39 of more than two million hinders their effective delivery and adds 40 unnecessary costs. Numerous studies have recommended that such services 41 serve small areas, be located in such areas, and be integrated. Such 42 relocation will: give caseworkers greater knowledge of their assigned 43 community, the residents of that community and the availability of 44 community-based services; increase the availability of caseworkers; 45 reduce travel time for caseworkers; enable children in foster care to 46 remain in their own communities and schools and maintain their friend- 47 ships; enable children in foster care to have greater [visitation] 48 parenting time with their parents; provide for more effective delivery 49 of preventive services; and expedite adoptions and otherwise reduce the 50 amount of time children spend in foster care. 51 The relocation of child welfare service delivery to the community 52 sites will strengthen efforts to provide a wide range of community-based 53 early intervention programs including, but not limited to, school-based 54 health clinics and community schools, thereby ensuring the continued 55 development of a critical mass of community services.A. 6054 17 1 § 20. Subparagraph 9 of paragraph (f) of subdivision 1 of section 413 2 of the family court act, as amended by chapter 567 of the laws of 1989, 3 is amended to read as follows: 4 (9) Provided that the child is not on public assistance (i) extraor- 5 dinary expenses incurred by the non-custodial parent in exercising 6 [visitation] parenting time, or (ii) expenses incurred by the non-custo- 7 dial parent in extended [visitation] parenting time provided that the 8 custodial parent's expenses are substantially reduced as a result there- 9 of; and 10 § 21. Subdivisions (a) and (c) of section 439 of the family court act, 11 subdivision (a) as amended by section 1 of chapter 468 of the laws of 12 2012 and subdivision (c) as amended by chapter 576 of the laws of 2005, 13 are amended to read as follows: 14 (a) The chief administrator of the courts shall provide, in accordance 15 with subdivision (f) of this section, for the appointment of a suffi- 16 cient number of support magistrates to hear and determine support 17 proceedings. Except as hereinafter provided, support magistrates shall 18 be empowered to hear, determine and grant any relief within the powers 19 of the court in any proceeding under this article, articles five, 20 five-A, and five-B and sections two hundred thirty-four and two hundred 21 thirty-five of this act, and objections raised pursuant to section five 22 thousand two hundred forty-one of the civil practice law and rules. 23 Support magistrates shall not be empowered to hear, determine and grant 24 any relief with respect to issues specified in section four hundred 25 fifty-five of this article, issues of contested paternity involving 26 claims of equitable estoppel, custody, [visitation] parenting time 27 including [visitation] parenting time as a defense, and orders of 28 protection or exclusive possession of the home, which shall be referred 29 to a judge as provided in subdivision (b) or (c) of this section. Where 30 an order of filiation is issued by a judge in a paternity proceeding and 31 child support is in issue, the judge, or support magistrate upon refer- 32 ral from the judge, shall be authorized to immediately make a temporary 33 or final order of support, as applicable. A support magistrate shall 34 have the authority to hear and decide motions and issue summonses and 35 subpoenas to produce persons pursuant to section one hundred fifty-three 36 of this act, hear and decide proceedings and issue any order authorized 37 by subdivision (g) of section five thousand two hundred forty-one of the 38 civil practice law and rules, issue subpoenas to produce prisoners 39 pursuant to section two thousand three hundred two of the civil practice 40 law and rules and make a determination that any person before the 41 support magistrate is in violation of an order of the court as author- 42 ized by section one hundred fifty-six of this act subject to confirma- 43 tion by a judge of the court who shall impose any punishment for such 44 violation as provided by law. A determination by a support magistrate 45 that a person is in willful violation of an order under subdivision 46 three of section four hundred fifty-four of this article and that recom- 47 mends commitment shall be transmitted to the parties, accompanied by 48 findings of fact, but the determination shall have no force and effect 49 until confirmed by a judge of the court. 50 (c) The support magistrate, in any proceeding in which issues speci- 51 fied in section four hundred fifty-five of this [act] article, or issues 52 of custody, [visitation] parenting time, including [visitation] parent- 53 ing time as a defense, orders of protection or exclusive possession of 54 the home are present or in which paternity is contested on the grounds 55 of equitable estoppel, shall make a temporary order of support and refer 56 the proceeding to a judge. Upon determination of such issue by a judge,A. 6054 18 1 the judge may make a final determination of the issue of support, or 2 immediately refer the proceeding to a support magistrate for further 3 proceedings regarding child support or other matters within the authori- 4 ty of the support magistrate. 5 § 22. Subdivision (a) of section 439 of the family court act, as 6 amended by section 2 of chapter 468 of the laws of 2012, is amended to 7 read as follows: 8 (a) The chief administrator of the courts shall provide, in accordance 9 with subdivision (f) of this section, for the appointment of a suffi- 10 cient number of support magistrates to hear and determine support 11 proceedings. Except as hereinafter provided, support magistrates shall 12 be empowered to hear, determine and grant any relief within the powers 13 of the court in any proceeding under this article, articles five, 14 five-A, and five-B and sections two hundred thirty-four and two hundred 15 thirty-five of this act, and objections raised pursuant to section five 16 thousand two hundred forty-one of the civil practice law and rules. 17 Support magistrates shall not be empowered to hear, determine and grant 18 any relief with respect to issues specified in section four hundred 19 fifty-five of this article, issues of contested paternity involving 20 claims of equitable estoppel, custody, [visitation] parenting time 21 including [visitation] parenting time as a defense, and orders of 22 protection or exclusive possession of the home, which shall be referred 23 to a judge as provided in subdivision (b) or (c) of this section. Where 24 an order of filiation is issued by a judge in a paternity proceeding and 25 child support is in issue, the judge, or support magistrate upon refer- 26 ral from the judge, shall be authorized to immediately make a temporary 27 or final order of support, as applicable. A support magistrate shall 28 have the authority to hear and decide motions and issue summonses and 29 subpoenas to produce persons pursuant to section one hundred fifty-three 30 of this act, hear and decide proceedings and issue any order authorized 31 by subdivision (g) of section five thousand two hundred forty-one of the 32 civil practice law and rules, issue subpoenas to produce prisoners 33 pursuant to section two thousand three hundred two of the civil practice 34 law and rules and make a determination that any person before the 35 support magistrate is in violation of an order of the court as author- 36 ized by section one hundred fifty-six of this act subject to confirma- 37 tion by a judge of the court who shall impose any punishment for such 38 violation as provided by law. A determination by a support magistrate 39 that a person is in willful violation of an order under subdivision 40 three of section four hundred fifty-four of this article and that recom- 41 mends commitment shall be transmitted to the parties, accompanied by 42 findings of fact, but the determination shall have no force and effect 43 until confirmed by a judge of the court. 44 § 23. Subdivision (b) of section 446 of the family court act, as 45 amended by chapter 526 of the laws of 2013, is amended to read as 46 follows: 47 (b) to permit a parent, or a person entitled to visitation or parent- 48 ing time by a court order or a separation agreement, to visit or have 49 time with the child at stated periods; 50 § 24. Section 447 of the family court act, subdivision (a) as amended 51 by chapter 85 of the laws of 1996, is amended to read as follows: 52 § 447. Order of [visitation] parenting time. (a) In the absence of an 53 order of custody or of [visitation] parenting time entered by the 54 supreme court, the court may make an order of custody or of [visitation] 55 parenting time, in accordance with subdivision one of section two 56 hundred forty of the domestic relations law, requiring one parent toA. 6054 19 1 permit the other to visit the children at stated periods without an 2 order of protection, even where the parents are divorced and the support 3 order is for a child only. 4 (b) Any order of the family court under this section shall terminate 5 when the supreme court makes an order of custody or of [visitation] 6 parenting time concerning the children, unless the supreme court contin- 7 ues the order of the family court. 8 § 25. Subdivision (a) of section 456 of the family court act, as 9 amended by chapter 809 of the laws of 1963, is amended to read as 10 follows: 11 (a) No person may be placed on probation under this article unless the 12 court makes an order to that effect, either at the time of the making of 13 an order of support or under section four hundred fifty-four of this 14 part. The period of probation may continue so long as an order of 15 support, order of protection or order of [visitation] parenting time 16 applies to such person. 17 § 26. Subdivisions (a) and (b) of section 467 of the family court act, 18 as amended by chapter 40 of the laws of 1981, are amended to read as 19 follows: 20 (a) In an action for divorce, separation or annulment, the supreme 21 court may refer to the family court the determination of applications to 22 fix temporary or permanent custody or [visitation] parenting time, 23 applications to enforce judgments and orders of custody or [visitation] 24 parenting time, and applications to modify judgments and orders of 25 custody which modification may be granted only upon a showing to the 26 family court that there has been a subsequent change of circumstances, 27 such as loss of employment or change in income, and that modification is 28 required. 29 (b) In the event no such referral has been made and unless the supreme 30 court provides in the order or judgment awarding custody or [visitation] 31 parenting time in an action for divorce, separation or annulment, that 32 it may be enforced or modified only in the supreme court, the family 33 court may: (i) determine an application to enforce the order or judgment 34 awarding custody or [visitation] parenting time, or (ii) determine an 35 application to modify the order or judgment awarding custody or [visita-36tion] parenting time upon a showing that there has been a subsequent 37 change of circumstances and modification is required. 38 § 27. Section 511 of the family court act, as amended by chapter 533 39 of the laws of 1999, is amended to read as follows: 40 § 511. Jurisdiction. Except as otherwise provided, the family court 41 has exclusive original jurisdiction in proceedings to establish paterni- 42 ty and, in any such proceedings in which it makes a finding of paterni- 43 ty, to order support and to make orders of custody or of [visitation] 44 parenting time, as set forth in this article. On its own motion, the 45 court may at any time in the proceedings also direct the filing of a 46 neglect petition in accord with the provisions of article ten of this 47 act. In accordance with the provisions of section one hundred eleven-b 48 of the domestic relations law, the surrogate's court has original juris- 49 diction concurrent with the family court to determine the issues relat- 50 ing to the establishment of paternity. 51 § 28. Section 549 of the family court act, as added by chapter 952 of 52 the laws of 1971, subdivision (a) as amended by chapter 85 of the laws 53 of 1996, is amended to read as follows: 54 § 549. Order of [visitation] parenting time. (a) If an order of fili- 55 ation is made or if a paternity agreement or compromise is approved by 56 the court, in the absence of an order of custody or of [visitation]A. 6054 20 1 parenting time entered by the supreme court the family court may make an 2 order of custody or of [visitation] parenting time, in accordance with 3 subdivision one of section two hundred forty of the domestic relations 4 law, requiring one parent to permit the other to visit the child or 5 children at stated periods. 6 (b) Any order of the family court under this section shall terminate 7 when the supreme court makes an order of custody or of [visitation] 8 parenting time concerning the child or children, unless the supreme 9 court continues the order of the family court. 10 § 29. Subdivision (b) of section 551 of the family court act, as 11 amended by chapter 526 of the laws of 2013, is amended to read as 12 follows: 13 (b) to permit a parent, or a person entitled to visitation or parent- 14 ing time by a court order or a separation agreement to visit the child 15 at stated periods; 16 § 30. Section 651 of the family court act, as amended by chapter 85 of 17 the laws of 1996, subdivision (b) as amended by chapter 657 of the laws 18 of 2003, subdivision (c-1) as added by chapter 567 of the laws of 2015, 19 subdivision (d) as amended by chapter 41 of the laws of 2010, subdivi- 20 sion (e) as amended by chapter 295 of the laws of 2009, and subdivision 21 (f) as added by chapter 473 of the laws of 2009, is amended to read as 22 follows: 23 § 651. Jurisdiction over habeas corpus proceedings and petitions for 24 custody [and] of, visitation of, or parenting time with minors. (a) When 25 referred from the supreme court or county court to the family court, the 26 family court has jurisdiction to determine, in accordance with subdivi- 27 sion one of section two hundred forty of the domestic relations law and 28 with the same powers possessed by the supreme court in addition to its 29 own powers, habeas corpus proceedings and proceedings brought by peti- 30 tion and order to show cause, for the determination of the custody [or] 31 of, visitation of or parenting time with minors. 32 (b) When initiated in the family court, the family court has jurisdic- 33 tion to determine, in accordance with subdivision one of section two 34 hundred forty of the domestic relations law and with the same powers 35 possessed by the supreme court in addition to its own powers, habeas 36 corpus proceedings and proceedings brought by petition and order to show 37 cause, for the determination of the custody of or visitation of or 38 parenting time with minors, including applications by a grandparent or 39 grandparents for visitation or custody rights pursuant to section seven- 40 ty-two or two hundred forty of the domestic relations law. 41 (c) When initiated in the family court pursuant to a petition under 42 part eight of article ten of this act or section three hundred fifty- 43 eight-a of the social services law, the family court has jurisdiction to 44 enforce or modify orders or judgments of the supreme court relating to 45 the visitation of or parenting time with minors in foster care, notwith- 46 standing any limitation contained in subdivision (b) of section four 47 hundred sixty-seven of this act. 48 (c-1) Where a proceeding filed pursuant to article ten or ten-A of 49 this act is pending at the same time as a proceeding brought in the 50 family court pursuant to this article, the court presiding over the 51 proceeding under article ten or ten-A of this act may jointly hear the 52 hearing on the custody [and], visitation and parenting time petition 53 under this article and the dispositional hearing on the petition under 54 article ten or the permanency hearing under article ten-A of this act; 55 provided, however, the court must determine the custody [and], visita-A. 6054 21 1 tion and parenting time petition in accordance with the terms of this 2 article. 3 (d) With respect to applications by a grandparent or grandparents for 4 visitation or custody rights, made pursuant to section seventy-two or 5 two hundred forty of the domestic relations law, with a child remanded 6 or placed in the care of a person, official, agency or institution 7 pursuant to the provisions of article ten of this act, the applicant, in 8 such manner as the court shall prescribe, shall serve a copy of the 9 application upon the social services official having care and custody of 10 such child, and the child's attorney, who shall be afforded an opportu- 11 nity to be heard thereon. 12 (e) 1. Permanent and initial temporary orders of custody or visitation 13 or parenting time. Prior to the issuance of any permanent or initial 14 temporary order of custody or visitation, the court shall conduct a 15 review of the decisions and reports listed in paragraph three of this 16 subdivision. 17 2. Successive temporary orders of custody [or], visitation or parent- 18 ing time. Prior to the issuance of any successive temporary order of 19 custody or visitation, or parenting time the court shall conduct a 20 review of the decisions and reports listed in paragraph three of this 21 subdivision, unless such a review has been conducted within ninety days 22 prior to the issuance of such order. 23 3. Decisions and reports for review. The court shall conduct a review 24 of the following: 25 (i) related decisions in court proceedings initiated pursuant to arti- 26 cle ten of this act, and all warrants issued under this act; and 27 (ii) reports of the statewide computerized registry of orders of 28 protection established and maintained pursuant to section two hundred 29 twenty-one-a of the executive law, and reports of the sex offender 30 registry established and maintained pursuant to section one hundred 31 sixty-eight-b of the correction law. 32 4. Notifying counsel and issuing orders. Upon consideration of deci- 33 sions pursuant to article ten of this act, and registry reports and 34 notifying counsel involved in the proceeding, or in the event of a self- 35 represented party, notifying such party of the results thereof, includ- 36 ing any court appointed attorney for children, the court may issue a 37 temporary, successive temporary or final order of custody [or], visita- 38 tion or parenting time. 39 5. Temporary emergency order. Notwithstanding any other provision of 40 the law, upon emergency situations, including computer malfunctions, to 41 serve the best interest of the child, the court may issue a temporary 42 emergency order for custody [or], visitation or parenting time in the 43 event that it is not possible to timely review decisions and reports on 44 registries as required pursuant to paragraph three of this subdivision. 45 6. After issuing a temporary emergency order. After issuing a tempo- 46 rary emergency order of custody [or], visitation or parenting time, the 47 court shall conduct reviews of the decisions and reports on registries 48 as required pursuant to paragraph three of this subdivision within twen- 49 ty-four hours of the issuance of such temporary emergency order. Should 50 such twenty-four hour period fall on a day when court is not in session, 51 then the required reviews shall take place the next day the court is in 52 session. Upon reviewing decisions and reports the court shall notify 53 associated counsel, self-represented parties and attorneys for children 54 pursuant to paragraph four of this subdivision and may issue temporary 55 or permanent custody [or], visitation or parenting time orders.A. 6054 22 1 7. Feasibility study. The commissioner of the office of children and 2 family services, in conjunction with the office of court administration, 3 is hereby authorized and directed to examine, study, evaluate and make 4 recommendations concerning the feasibility of the utilization of comput- 5 ers in family courts which are connected to the statewide central regis- 6 ter of child abuse and maltreatment established and maintained pursuant 7 to section four hundred twenty-two of the social services law, as a 8 means of providing family courts with information regarding parties 9 requesting orders of custody or visitation. Such commissioner shall make 10 a preliminary report to the governor and the legislature of findings, 11 conclusions and recommendations not later than January thirty-first, two 12 thousand nine, and a final report of findings, conclusions and recommen- 13 dations not later than June first, two thousand nine, and shall submit 14 with the reports such legislative proposals as are deemed necessary to 15 implement the commissioner's recommendations. 16 (f) Military service by parent; effect on child custody orders. 1. 17 During the period of time that a parent is activated, deployed or tempo- 18 rarily assigned to military service, such that the parent's ability to 19 continue as a joint caretaker or the primary caretaker of a minor child 20 is materially affected by such military service, any orders issued 21 pursuant to this section, based on the fact that the parent is acti- 22 vated, deployed or temporarily assigned to military service, which would 23 materially affect or change a previous judgment or order regarding 24 custody of that parent's child or children as such judgment or order 25 existed on the date the parent was activated, deployed, or temporarily 26 assigned to military service, shall be subject to review pursuant to 27 paragraph three of this subdivision. Any relevant provisions of the 28 Service Member's Civil Relief Act shall apply to all proceedings 29 governed by this section. 30 2. During such period, the court may enter an order to modify custody 31 if there is clear and convincing evidence that the modification is in 32 the best interests of the child. An attorney for the child shall be 33 appointed in all cases where a modification is sought during such mili- 34 tary service. Such order shall be subject to review pursuant to para- 35 graph three of this subdivision. When entering an order pursuant to this 36 section, the court shall consider and provide for, if feasible and if in 37 the best interests of the child, contact between the military service 38 member and his or her child including, but not limited to, electronic 39 communication by e-mail, webcam, telephone, or other available means. 40 During the period of the parent's leave from military service, the court 41 shall consider the best interests of the child when establishing a 42 parenting schedule, including [visiting] parenting time and other 43 contact. For such purpose, a "leave from military service" shall be a 44 period of not more than three months. 45 3. Unless the parties have otherwise stipulated or agreed, if an order 46 is issued pursuant to this subdivision, the return of the parent from 47 active military service, deployment or temporary assignment shall be 48 considered a substantial change in circumstances. Upon the request of 49 either parent, the court shall determine on the basis of the child's 50 best interests whether the custody judgment or order previously in 51 effect should be modified. 52 4. This subdivision shall not apply to assignments to permanent duty 53 stations or permanent changes of station. 54 § 31. Section 651-a of the family court act, as amended by chapter 12 55 of the laws of 1996, is amended to read as follows:A. 6054 23 1 § 651-a. Reports of child abuse and maltreatment; admissibility. In 2 any proceeding brought pursuant to this section to determine the custody 3 [or], visitation or parenting time of minors, a report made to the 4 statewide central register of child abuse and maltreatment, pursuant to 5 title six of article six of the social services law, or a portion there- 6 of, which is otherwise admissible as a business record pursuant to rule 7 forty-five hundred eighteen of the civil practice law and rules shall 8 not be admissible in evidence, notwithstanding such rule, unless an 9 investigation of such report conducted pursuant to title six of article 10 six of the social services law has determined that there is some credi- 11 ble evidence of the alleged abuse or maltreatment, that the subject of 12 the report has been notified that the report is indicated. In addition, 13 if such report has been reviewed by the state commissioner of [social14services] the office of children and family services or his or her 15 designee and has been determined to be unfounded, it shall not be admis- 16 sible in evidence. If such report has been so reviewed and has been 17 amended to delete any finding, each such deleted finding shall not be 18 admissible. If the state commissioner of [social services] the office of 19 children and family services or his or her designee has amended the 20 report to add any new finding, each such new finding, together with any 21 portion of the original report not deleted by the commissioner or his or 22 her designee, shall be admissible if it meets the other requirements of 23 this section and is otherwise admissible as a business record. If such a 24 report, or portion thereof, is admissible in evidence but is uncorrob- 25 orated, it shall not be sufficient to make a fact finding of abuse or 26 maltreatment in such proceeding. Any other evidence tending to support 27 the reliability of such report shall be sufficient corroboration. 28 § 32. Subdivisions (a) and (b) of section 652 of the family court act, 29 as amended by chapter 40 of the laws of 1981, are amended to read as 30 follows: 31 (a) When referred from the supreme court to the family court, the 32 family court has jurisdiction to determine, with the same powers 33 possessed by the supreme court, applications to fix temporary or perma- 34 nent custody and applications to modify judgments and orders of custody 35 or [visitation] parenting time in actions and proceedings for marital 36 separation, divorce, annulment of marriage and dissolution of marriage. 37 Applications to modify judgments and orders of custody may be granted by 38 the family court under this section only upon the showing to the family 39 court that there has been a subsequent change of circumstances and that 40 modification is required. 41 (b) In the event no such referral has been made and unless the supreme 42 court provides in the order or judgment awarding custody or [visitation] 43 parenting time in an action for divorce, separation or annulment, that 44 it may be enforced or modified only in the supreme court, the family 45 court may: (i) determine an application to enforce the order or judgment 46 awarding custody or [visitation] parenting time, or (ii) determine an 47 application to modify the order or judgment awarding custody or [visita-48tion] parenting time upon a showing that there has been a subsequent 49 change of circumstances and modification is required. 50 § 33. Subdivision (b) of section 656 of the family court act, as 51 amended by chapter 526 of the laws of 2013, is amended to read as 52 follows: 53 (b) to permit a parent, or a person entitled to visitation or parent- 54 ing time by a court order or a separation agreement, to visit the child 55 at stated periods;A. 6054 24 1 § 34. Subdivision (b) of section 759 of the family court act, as 2 amended by chapter 483 of the laws of 1995, is amended to read as 3 follows: 4 (b) to permit a parent, or a person entitled to visitation or parent- 5 ing time by a court order or a separation agreement, to visit the child 6 at stated periods; 7 § 35. Subdivision (b) of section 842 of the family court act, as 8 amended by chapter 526 of the laws of 2013, is amended to read as 9 follows: 10 (b) to permit a parent, or a person entitled to visitation or parent- 11 ing time by a court order or a separation agreement, to visit the child 12 at stated periods; 13 § 36. Section 1030 of the family court act, as added by chapter 457 of 14 the laws of 1988, and subdivisions (b) and (d) as amended by chapter 41 15 of the laws of 2010, is amended to read as follows: 16 § 1030. Order of visitation or parenting time by a respondent. (a) A 17 respondent shall have the right to reasonable and regularly scheduled 18 visitation or parenting time with a child in the temporary custody of a 19 social services official pursuant to this part or pursuant to subdivi- 20 sion (d) of section one thousand fifty-one of this article, unless 21 limited by an order of the family court. 22 (b) A respondent who has not been afforded such visitation or parent- 23 ing time may apply to the court for an order requiring the local social 24 services official having temporary custody of the child pursuant to this 25 part or pursuant to subdivision (d) of section one thousand fifty-one of 26 this article, to permit the respondent to visit the child at stated 27 periods. Such application shall be made upon notice to the local social 28 services official and to any attorney appointed to represent the child, 29 who shall be afforded an opportunity to be heard thereon. 30 (c) A respondent shall be granted reasonable and regularly scheduled 31 visitation or parenting time unless the court finds that the child's 32 life or health would be endangered thereby, but the court may order 33 visitation or parenting time under the supervision of an employee of a 34 local social services department upon a finding that such supervised 35 visitation or parenting time is in the best interest of the child. 36 (d) An order made under this section may be modified by the court for 37 good cause shown, upon application by any party or the child's attorney, 38 and upon notice of such application to all other parties and the child's 39 attorney, who shall be afforded an opportunity to be heard thereon. 40 (e) An order made under this section shall terminate upon the entry of 41 an order of disposition pursuant to part five of this article. 42 (f) Interference with or withholding of parenting time without cause 43 shall result in immediate sanctions. A judge who sanctions a party for 44 failure to comply with an order of parenting time shall have available 45 the following remedies: 46 (1) awarding of counsel fees of the aggrieved party against the party 47 who violated the terms of the order; 48 (2) mediation education; 49 (3) community service; 50 (4) awarding of compensatory time with the child for which the party 51 was deprived; and 52 (5) other economic sanctions which may be decided on a case to case 53 basis. 54 § 37. Subdivision (e) of section 1035 of the family court act, as 55 amended by chapter 526 of the laws of 2003, is amended to read as 56 follows:A. 6054 25 1 (e) The summons, petition and notice of pendency of a child protective 2 proceeding served on the child's non-custodial parent in accordance with 3 subdivision (d) of this section shall, if applicable, be served together 4 with a notice that the child was removed from his or her home by a 5 social services official. Such notice shall also include the name and 6 address of the official to whom temporary custody of the child has been 7 transferred, the name and address of the agency or official with whom 8 the child has been temporarily placed, if different, and shall advise 9 such parent of the right to request temporary and permanent custody and 10 to seek enforcement of [visitation] parenting time rights with the child 11 as provided for in part eight of this article. 12 § 38. Paragraph (b) of subdivision 1 of section 1056 of the family 13 court act, as amended by chapter 526 of the laws of 2013, is amended to 14 read as follows: 15 (b) to permit a parent, or a person entitled to visitation or parent- 16 ing time by a court order or a separation agreement, to visit the child 17 at stated periods; 18 § 39. Part 8 of article 10 of the family court act, as added by chap- 19 ter 457 of the laws of 1988, section 1081 as amended by chapter 242 of 20 the laws of 2016, paragraph (b) of subdivision 1, subdivision 2 of 21 section 1082 and subdivision 4 of section 1085 as amended by chapter 41 22 of the laws of 2010, and section 1085 as amended by chapter 378 of the 23 laws of 1999, is amended to read as follows: 24 PART 8 25 VISITATION [OF] AND PARENTING TIME WITH 26 MINORS IN FOSTER CARE 27 Section 1081. Visitation or parenting time rights. 28 1082. Approval, modification or denial of visitation or parent- 29 ing time rights. 30 1083. Duration of orders affecting visitation or parenting time 31 rights. 32 1084. Out-of-wedlock children; paternity. 33 1085. Visitation, parenting time and custody rights unenforcea- 34 ble; murder of parent, custodian, guardian, or child. 35 § 1081. Visitation or parenting time rights. 1. A non-custodial parent 36 or grandparent shall have the visitation or parenting time rights with a 37 child remanded or placed in the care of a social services official 38 pursuant to this article as conferred by order of the family court or by 39 any order or judgment of the supreme court, or by written agreement 40 between the parents as described in section two hundred thirty-six of 41 the domestic relations law, subject to the provisions of section one 42 thousand eighty-two of this part. 43 2. (a) A non-custodial parent or any grandparent or grandparents who 44 have not been afforded the visitation or parenting time rights described 45 in subdivision one of this section shall have the right to petition the 46 court for enforcement of visitation or parenting time rights with a 47 child remanded or placed in the care of a social services official 48 pursuant to this article, as such visitation or parenting time rights 49 have been conferred by order of the family court or by any order or 50 judgment of the supreme court, or by written agreement between the 51 parents as described in section two hundred thirty-six of the domestic 52 relations law. 53 (b) A child remanded or placed in the care of a social services offi- 54 cial pursuant to this article shall have the right to move for visita- 55 tion or parenting time and contact with his or her siblings. The 56 siblings of a child remanded or placed in the care of a social servicesA. 6054 26 1 official pursuant to this article shall have a right to petition the 2 court for visitation or parenting time and contact with such child. For 3 purposes of this section, "siblings" shall include half-siblings and 4 those who would be deemed siblings or half-siblings but for the termi- 5 nation of parental rights or death of a parent. 6 3. (a) The petition by a non-custodial parent shall allege that such 7 parent has [visitation] parenting time rights conferred by order of the 8 family court or by any order or judgment of the supreme court or by 9 written agreement between the parents as described in section two 10 hundred thirty-six of the domestic relations law, shall have a copy of 11 such order, judgment or agreement attached thereto, shall request 12 enforcement of such rights pursuant to this part, and shall state, when 13 known by the petitioner, that [visitation] parenting time rights with 14 the child by any grandparent or grandparents have been conferred by 15 order of the supreme court or family court pursuant to section seventy- 16 two or two hundred forty of the domestic relations law, and shall 17 provide the name and address of such grandparent or grandparents. 18 (b) A petition by a grandparent or grandparents shall allege that such 19 grandparent or grandparents have been granted visitation rights with the 20 child pursuant to section seventy-two or two hundred forty of the domes- 21 tic relations law, or subdivision (b) of section six hundred fifty-one 22 of this act, shall have a copy of such order or judgment attached there- 23 to, and shall request enforcement of such rights pursuant to this part. 24 (c) A motion by a child remanded or placed in the care of a social 25 services official pursuant to this article or a petition by a sibling of 26 such child shall allege that visitation or parenting time and contact 27 would be in the best interests of both the child who has been remanded 28 or placed and the child's sibling. 29 4. (a) A petition filed under paragraphs (a) or (b) of subdivision 30 three of this section shall be served upon the respondent in a proceed- 31 ing under this article, the local social services official having the 32 care of the child, any grandparent or grandparents named in the petition 33 as having visitation rights conferred by court order pursuant to section 34 seventy-two or two hundred forty of the domestic relations law, and upon 35 the child's attorney. The petition shall be served in such manner as the 36 court may direct. 37 (b) A petition or motion filed under paragraph (c) of subdivision 38 three of this section shall be served upon: (i) the respondent in the 39 proceeding under this article; (ii) the local social services official 40 having the care of the child; (iii) other persons having care, custody 41 and control of the child, if any; (iv) the parents or other persons 42 having care, custody and control of the sibling to be visited or with 43 whom contact is sought; (v) any non-respondent parent in the proceeding 44 under this article; (vi) such sibling himself or herself if ten years of 45 age or older; and (vii) such sibling's attorney, if any. The petition or 46 motion shall be served in such manner as the court may direct. 47 5. (a) Upon receipt of a petition filed under paragraphs (a) or (b) of 48 subdivision three of this section, the court shall, subject to the 49 provisions of section one thousand eighty-two of this part, require that 50 any order of a family court or order or judgment of the supreme court, 51 or any agreement between the parents as described in subdivision one of 52 this section, granting visitation or parenting time rights to the non- 53 custodial parent, grandparent or grandparents, be incorporated in any 54 preliminary order or order of placement made under this article to the 55 extent that such order, judgment or agreement confers visitation or 56 parenting time rights. In any case where a dispositional hearing has notA. 6054 27 1 been held or will not be held within thirty days of the filing of such 2 petition the court shall order the person, official, agency or institu- 3 tion caring for the child pursuant to this article to comply with such 4 part of the order, judgment or agreement granting visitation or parent- 5 ing time rights. 6 (b) Upon receipt of a petition or motion filed under paragraph (c) of 7 subdivision three of this section, the court shall determine, after 8 giving notice and an opportunity to be heard to persons served under 9 subdivision four of this section, whether visitation or parenting time 10 and contact would be in the best interests of the child and his or her 11 sibling. The court's determination may be included in the dispositional 12 order issued pursuant to section one thousand fifty-two of this article. 13 (c) Violation of an order issued under this section shall be punisha- 14 ble pursuant to section seven hundred fifty-three of the judiciary law. 15 § 1082. Approval, modification or denial of visitation or parenting 16 time rights. 1. (a) Upon receipt of a petition pursuant to subdivision 17 four of section one thousand eighty-one of this part, the local depart- 18 ment of social services shall make inquiry of the state central register 19 of child abuse and maltreatment to determine whether or not the peti- 20 tioner is a subject of an indicated report of child abuse or maltreat- 21 ment, as such terms are defined in section four hundred twelve of the 22 social services law, and shall further ascertain whether or not the 23 petitioner is a respondent in a proceeding under this article whereby 24 the child with whom visitation or parenting time is sought has been 25 allegedly abused or neglected or has been adjudicated as an abused or 26 neglected child. 27 (b) The department, the child's attorney and the respondent in a 28 proceeding under this article, shall have the right to be heard with 29 respect to a petition for an order to enforce visitation or parenting 30 time rights under this part. 31 2. Where the local department of social services or the child's attor- 32 ney opposes a petition described in section one thousand eighty-one of 33 this part, the department or the child's attorney as appropriate shall 34 serve and file an answer to the petition. The court shall, upon the 35 filing of such answer, set a date for a hearing on such petition and 36 shall notify the parents, grandparent or grandparents, the department 37 and the child's attorney of such hearing date. 38 3. Whenever a hearing described in subdivision two of this section is 39 to be held within ten court days of a dispositional hearing authorized 40 under this article, the court may in its discretion hear such petition 41 as part of such dispositional hearing. 42 4. In any hearing under this section, the court shall approve such 43 petition unless the court finds upon competent, relevant and material 44 evidence that enforcement of visitation or parenting time rights as 45 described in the order, judgment or agreement would endanger the child's 46 life or health. Upon such a finding, the court shall make an order deny- 47 ing such petition or make such other order affecting enforcement of 48 visitation or parenting time rights as the court deems to be in the best 49 interests of the child. 50 5. (a) Where a petition is approved pursuant to this section the 51 parties may agree in writing to an alternative schedule of visitation or 52 parenting time equivalent to and consistent with the original or modi- 53 fied visitation or parenting time order or agreement where such alterna- 54 tive schedule reflects changed circumstances of the parties and is 55 consistent with the best interests of the child.A. 6054 28 1 (b) In the absence of such an agreement between the parties, the court 2 may, in its discretion, order an alternative schedule of visitation or 3 parenting time as defined herein, where it determines that such schedule 4 is necessary to facilitate visitation or parenting time and to protect 5 the best interests of the child. 6 § 1083. Duration of orders affecting visitation or parenting time 7 rights. 1. Where an order of the court has been made incorporating an 8 order, judgment or agreement conferring visitation or parenting time 9 rights with a child on a non-custodial parent or grandparent into a 10 dispositional order under this article, or where the court otherwise 11 orders compliance by a person, official, agency or institution caring 12 for the child, with an order, judgment or agreement granting visitation 13 or parenting time rights, such order shall remain in effect for the 14 length of time the child remains in such care pursuant to this article, 15 unless such order is subsequently modified by the court for good cause 16 shown. 17 2. Where the court makes an order denying a petition seeking enforce- 18 ment of visitation or parenting time rights or makes an order modifying 19 visitation or parenting time rights, pursuant to the provisions of 20 section one thousand eighty-two of this part, such order shall remain in 21 effect for the length of time the child is placed with a person, offi- 22 cial, agency or institution caring for the child pursuant to this arti- 23 cle, unless such order is subsequently modified by the court for good 24 cause shown. 25 § 1084. Out-of-wedlock children; paternity. No [visitation] parenting 26 time right shall be enforceable under this part concerning any person 27 claiming to be a parent of an out-of-wedlock child without an adjudi- 28 cation of the paternity of such person by a court of competent jurisdic- 29 tion, or without an acknowledgement of the paternity of such person 30 executed pursuant to applicable provisions of law. 31 § 1085. Visitation, parenting time and custody rights unenforceable; 32 murder of parent, custodian, guardian, or child. 1. No visitation, 33 parenting time or custody order shall be enforceable under this part by 34 a person who has been convicted of murder in the first or second degree 35 in this state, or convicted of an offense in another jurisdiction which, 36 if committed in this state, would constitute either murder in the first 37 or second degree, of a parent, legal custodian, legal guardian, sibling, 38 half-sibling or step-sibling of the child unless: 39 (i) (A) such child is of suitable age to signify assent and such child 40 assents to such visitation, parenting time or custody; or 41 (B) if such child is not of suitable age to signify assent the child's 42 custodian or legal guardian assents to such order; or 43 (C) the person who has been convicted of murder in the first or second 44 degree, or an offense in another jurisdiction which if committed in this 45 state, would constitute either murder in the first or second degree, can 46 prove by a preponderance of the evidence that: 47 (1) he or she, or a family or household member of either party, was a 48 victim of domestic violence by the victim of such murder; and 49 (2) the domestic violence was causally related to the commission of 50 such murder; and 51 (ii) the court finds that such visitation, parenting time or custody 52 is in the best interest of the child. 53 2. Pending determination of a petition for visitation, parenting time 54 or custody such child shall not visit and no person shall visit, with 55 such child present, such person, legal guardian or legal custodian who 56 has been convicted of murder in the first or second degree in thisA. 6054 29 1 state, or an offense in another jurisdiction which, if committed in this 2 state, would constitute either murder in the first or second degree, of 3 the other parent, legal guardian, legal custodian, sibling, half-sibling 4 or step-sibling of such child, without the consent of such child's 5 custodian or legal guardian. 6 3. Nothing contained in this section shall be construed to require a 7 court, without petition from any of the interested parties, to review a 8 previously issued order of visitation, parenting time or custody or 9 denial of such petition. 10 4. For the purposes of making a determination pursuant to subparagraph 11 (C) of paragraph (i) of subdivision one of this section, the court shall 12 not be bound by the findings of fact, conclusions of law or ultimate 13 conclusion as determined by the proceedings leading to the conviction of 14 murder in the first or second degree in this state or of an offense in 15 another jurisdiction which, if committed in this state, would constitute 16 murder in either the first or second degree, of a parent, legal guardi- 17 an, legal custodian, sibling, half-sibling or step-sibling of a child 18 who is the subject of the proceeding. In all proceedings under this 19 section, an attorney shall be appointed for the child. 20 § 40. The domestic relations law is amended by adding a new section 21 242 to read as follows: 22 § 242. Matrimonial actions involving custody of children; mediation 23 and family counselling. In any matrimonial action involving the custody 24 of children, the court shall direct the parties to attend mediation and 25 family counselling sessions prior to the entry of any orders or judg- 26 ments, except for temporary orders of protection or support, as provided 27 for in the rules of the chief administrator of the courts, who shall 28 promulgate rules and regulations therefor. 29 § 41. Clause (i) of subparagraph 5 of paragraph (b) of subdivision 1-b 30 of section 240 of the domestic relations law, as added by chapter 567 of 31 the laws of 1989, is amended to read as follows: 32 (i) gross (total) income less any federal, state, and local personal 33 income taxes paid and contributions required pursuant to the federal 34 insurance contributions act (social security and medicare), as should 35 have been or should be reported in the most recent federal income tax 36 return. If an individual files his/her federal income tax return as a 37 married person filing jointly, such person shall be required to prepare 38 a form, sworn to under penalty of law, disclosing his/her gross income 39 individually; 40 § 42. Subdivision 11 of section 111-h of the social services law, as 41 amended by chapter 502 of the laws of 1990, is amended to read as 42 follows: 43 11. The department may provide for the performance of the collection 44 and disbursement functions of the support collection units by contract 45 with a fiscal agent. For purposes of any reference to support collection 46 unit in this chapter or any other law, the fiscal agent under contract 47 with the department shall be deemed to be part of all support collection 48 units for which the fiscal agent performs collection and disbursement 49 functions. The department shall provide by rule for an annual audit and 50 performance appraisal of each fiscal agent. 51 § 43. The family court act is amended by adding a new section 385.3 to 52 read as follows: 53 § 385.3. Evidence. Notwithstanding any other provision of law, a fami- 54 ly court judge shall, in every proceeding and hearing under his or her 55 jurisdiction, review all evidence including law guardian reports, child 56 advocate reports, physician reports, psychologist reports and counselingA. 6054 30 1 reports, as well as all third party communications related to the 2 proceeding or hearing. 3 § 44. Subdivision (a) of section 418 of the family court act, as 4 amended by chapter 214 of the laws of 1998, is amended to read as 5 follows: 6 (a) The court, on its own motion or motion of any party, when paterni- 7 ty is contested, shall order the mother, the child and the alleged 8 father to submit to one or more genetic marker or DNA marker tests of a 9 type generally acknowledged as reliable by an accreditation body desig- 10 nated by the secretary of the federal department of health and human 11 services and performed by a laboratory approved by such an accreditation 12 body and by the commissioner of health or by a duly qualified physician 13 to aid in the determination of whether the alleged father is or is not 14 the father of the child. No such test shall be ordered, however, upon a 15 written finding by the court that it is not in the best interests of the 16 child on the basis of res judicata, equitable estoppel or the presump- 17 tion of legitimacy of a child born to a married woman. The record or 18 report of the results of any such genetic marker or DNA test shall be 19 received in evidence, pursuant to subdivision (e) of rule forty-five 20 hundred eighteen of the civil practice law and rules where no timely 21 objection in writing has been made thereto. Any order pursuant to this 22 section shall state in plain language that the results of such test 23 shall be admitted into evidence, pursuant to rule forty-five hundred 24 eighteen of the civil practice law and rules absent timely objections 25 thereto and that if such timely objections are not made, they shall be 26 deemed waived and shall not be heard by the court. If the record or 27 report of results of any such genetic marker or DNA test or tests indi- 28 cate at least a ninety-five percent probability of paternity, the admis- 29 sion of such record or report shall create a rebuttable presumption of 30 paternity, and, if unrebutted, shall establish the paternity of and 31 liability for the support of a child pursuant to this article and arti- 32 cle five of this act. If child support is being paid and the record or 33 report of results of any genetic marker or DNA test or tests do not 34 indicate at least a ninety-five percent probability of paternity, if 35 unrebutted, the court shall order the immediate cessation of all child 36 support regardless of the length of time that child support has been 37 paid, except in a case where a sperm donor was used and the putative 38 father was aware of and consented to such use in which case there shall 39 not be a cessation of support. 40 § 45. The domestic relations law is amended by adding a new section 41 74-a to read as follows: 42 § 74-a. Parental access to information. Unless prohibited by federal 43 or state law, a parent shall have complete access to records and infor- 44 mation pertaining to the health, education and welfare of his or her 45 minor child, regardless of whether or not he or she is the custodial 46 parent, unless a court decrees that access to the information is not in 47 the best interest of the child. 48 § 46. Subparagraph 3 of paragraph (b) of subdivision 1 of section 413 49 of the family court act, as amended by chapter 567 of the laws of 1989, 50 is amended to read as follows: 51 (3) "Child support percentage" shall mean: 52 (i) seventeen percent of the combined parental income for one child, 53 except in a case of shared parenting in which case ten percent of the 54 combined parental income for one child;A. 6054 31 1 (ii) twenty-five percent of the combined parental income for two chil- 2 dren, except in a case of shared parenting in which case sixteen percent 3 of the combined parental income for two children; 4 (iii) twenty-nine percent of the combined parental income for three 5 children, except in a case of shared parenting in which case twenty-six 6 percent of the combined parental income for three children; 7 (iv) thirty-one percent of the combined parental income for four chil- 8 dren; and 9 (v) no less than thirty-five percent of the combined parental income 10 for five or more children. 11 In addition to the percentages established in this subparagraph for 12 shared parenting, the court may include an additional seven percent upon 13 the demonstration of necessity, based upon receipts, for clothing, care, 14 medical attention, the expense of education, payment of funeral 15 expenses, and other proper and reasonable expenses. 16 § 47. Paragraph (c) of subdivision 1 of section 413 of the family 17 court act is amended by adding a new subparagraph 8 to read as follows: 18 (8) Where the court determines that the custodial parent will receive 19 tax savings because of being able to file as head of a household, take a 20 child related tax deduction and/or take a child related earned income 21 tax credit, the court shall add the amount saved to the custodial 22 parent's income when determining combined parental income. 23 § 48. Section 413 of the family court act is amended by adding a new 24 subdivision 2-a to read as follows: 25 2-a. Nothing in this article shall impose any liability upon a person 26 to support any minor child who has become emancipated, married, has 27 ceased to attend school, or who, if it has been determined by the court, 28 has become self-supporting. Such liability shall not be imposed for so 29 long as the minor remains emancipated, married, has ceased to attend 30 school or is self-supporting. 31 § 49. Paragraph (e) of subdivision 4-a of section 111-b of the social 32 services law, as added by chapter 398 of the laws of 1997, is amended to 33 read as follows: 34 (e) Information maintained as part of the state case registry shall 35 be made available to other state and federal agencies as provided for in 36 federal statutes and regulations promulgated by the federal secretary of 37 health and human services. Every January, May and September, a support 38 payer's information shall be mailed to him or her by first class mail 39 from the New York state child support collection unit to the support 40 obligor's known home address or such other place where the support obli- 41 gor is likely to receive first class mail. This shall include all 42 payments, including arrearages, received by the child support collection 43 unit. 44 § 50. Subdivision (a) of section 458-a of the family court act, as 45 amended by chapter 624 of the laws of 2002, is amended to read as 46 follows: 47 (a) If the respondent has accumulated support arrears equivalent to or 48 greater than the amount of support due pursuant to court order for a 49 period of four months, the court may order the department of motor vehi- 50 cles to suspend the respondent's driving privileges, and if such order 51 issues, the respondent may apply to the department of motor vehicles for 52 a restricted use license pursuant to section five hundred thirty of the 53 vehicle and traffic law. If the court finds that the respondent has in 54 the past been timely in paying his or her support due then the respond- 55 ent's driving privileges cannot be suspended without a hearing. The 56 court may at any time upon payment of arrears or partial payment ofA. 6054 32 1 arrears by the respondent order the department of motor vehicles to 2 terminate the suspension of respondent's driving privileges. For 3 purposes of determining whether a support obligor has accumulated 4 support arrears equivalent to or greater than the amount of support due 5 for a period of four months, the amount of any retroactive support, 6 other than periodic payments of retroactive support which are past due, 7 shall not be included in the calculation of support arrears pursuant to 8 this section. 9 § 51. Subdivision 1 of section 454 of the family court act, as amended 10 by chapter 892 of the laws of 1986, is amended to read as follows: 11 1. If a respondent is brought before the court for failure to obey any 12 lawful order of support [and if, after hearing,] the parties can choose 13 to have a hearing before the court or to go through an arbitrator, in 14 order to avoid a court appearance. An arbitrator shall be established 15 through child support collection to arbitrate disputes when there are 16 accusations of child support arrearage in order to avert a court appear- 17 ance. If the court is satisfied by competent proof that the respondent 18 has failed to obey any such order, the court may use any or all of the 19 powers conferred upon it by this part. The court has the power to use 20 any or all enforcement powers in every proceeding brought for violation 21 of a court order under this part regardless of the relief requested in 22 the petition. 23 § 52. Paragraph (a) of subdivision 3 of section 454 of the family 24 court act, as amended by chapter 892 of the laws of 1986, is amended to 25 read as follows: 26 (a) commit the respondent to jail for a term not to exceed six months. 27 For purposes of this subdivision, failure to pay support, as ordered, 28 shall constitute prima facie evidence of a willful violation. However, 29 the court shall consider real circumstances when finding that a respond- 30 ent has failed to comply with any lawful order of support, such as that 31 a parent presently has voluntarily or involuntarily reduced resources or 32 income. Such commitment may be served upon certain specified days or 33 parts of days as the court may direct, and the court may, at any time 34 within the term of such sentence, revoke such suspension and commit the 35 respondent for the remainder of the original sentence, or suspend the 36 remainder of such sentence. Such commitment does not prevent the court 37 from subsequently committing the respondent for failure thereafter to 38 comply with any such order; or 39 § 53. Section 451 of the family court act, as amended by chapter 373 40 of the laws of 2014, is amended to read as follows: 41 § 451. Continuing jurisdiction. 1. (a) Except as provided in article 42 five-B of this act, the court has continuing jurisdiction over any 43 support proceeding brought under this article until its judgment is 44 completely satisfied and may modify, set aside or vacate any order 45 issued in the course of the proceeding, provided, however, that the 46 modification, set aside or vacatur shall not reduce or annul child 47 support arrears accrued prior to the making of an application pursuant 48 to this section. The court shall not reduce or annul any other arrears 49 unless the defaulting party shows good cause for failure to make appli- 50 cation for relief from the judgment or order directing payment prior to 51 the accrual of the arrears, in which case the facts and circumstances 52 constituting such good cause shall be set forth in a written memorandum 53 of decision. A modification may increase support payments nunc pro tunc 54 as of the date of the initial application for support based on newly 55 discovered evidence. Any retroactive amount of support due shall be paid 56 and be enforceable as provided in section four hundred forty of thisA. 6054 33 1 article. Upon an application to set aside or vacate an order of support, 2 no hearing shall be required unless such application shall be supported 3 by affidavit and other evidentiary material sufficient to establish a 4 prima facie case for the relief requested. 5 (b) Once a year, a motion may be made by a child support obligor to 6 require an accounting by the parent receiving the child support on 7 behalf of the child or children. The accounting shall account for all 8 funds expended on the child or children and shall be used by the court 9 in determining whether the funds are being misused or not fulfilling the 10 child's or children's needs. The accounting shall include, but not be 11 limited to, the disposition of all funds paid by the child support obli- 12 gor and all funds expended on behalf of the child or children. Any 13 motion filed by a child support obligor pursuant to this subdivision 14 shall be accompanied by a sworn affidavit that the obligor has reason- 15 able grounds to question whether the child support funds are being used 16 appropriately and shall state the grounds in the affidavit. 17 2. A proceeding to modify an order of support shall be commenced by 18 the filing of a petition which shall allege facts sufficient to meet one 19 or more of the grounds enumerated in subdivision three of this section. 20 3. (a) The court may modify an order of child support, including an 21 order incorporating without merging an agreement or stipulation of the 22 parties, upon a showing of a substantial change in circumstances. 23 Incarceration shall not be a bar to finding a substantial change in 24 circumstances provided such incarceration is not the result of non-pay- 25 ment of a child support order, or an offense against the custodial 26 parent or child who is the subject of the order or judgment. 27 (b) In addition, unless the parties have specifically opted out of the 28 following provisions in a validly executed agreement or stipulation 29 entered into between the parties, the court may modify an order of child 30 support where: 31 (i) three years have passed since the order was entered, last modified 32 or adjusted; or 33 (ii) there has been a change in either party's gross income by fifteen 34 percent or more since the order was entered, last modified, or adjusted. 35 A reduction in income shall not be considered as a ground for modifica- 36 tion unless it was involuntary and the party has made diligent attempts 37 to secure employment commensurate with his or her education, ability, 38 and experience. 39 § 54. The closing paragraph of subdivision 1 of section 460 of the 40 family court act, as amended by chapter 815 of the laws of 1987, is 41 amended to read as follows: 42 and the party defaults in paying any sum of money due as required by the 43 order directing the payment thereof, the court, without regard to the 44 amount due, shall make an order directing the entry of judgment for the 45 amount of child support arrears, together with costs and disbursements. 46 This judgment shall be directed to be paid each month, at a rate not to 47 exceed ten percent of the defaulting party's regular monthly child 48 support payment, until the arrears are paid. The court shall make an 49 order directing the entry of judgment for the amount of arrears of any 50 other payments so directed, together with costs and disbursements, 51 unless the defaulting party shows good cause for failure to make appli- 52 cation for relief from the judgment or order directing such payment 53 prior to the accrual of such arrears. The court shall not make an order 54 reducing or [cancelling] canceling such arrears unless the facts and 55 circumstances constituting good cause are set forth in a written memo- 56 randum of decision. The application for such order shall be made uponA. 6054 34 1 such notice to the party or other person as the court may direct. Such 2 judgment shall provide for the payment of interest on the amount of any 3 arrears if the default was willful, in that the defaulting party know- 4 ingly, consciously and voluntarily disregarded the obligation under a 5 lawful court order. Such interest shall be computed from the date on 6 which the payment was due, at the prevailing rate of interest on judg- 7 ments as provided in the civil practice law and rules. 8 § 55. This act shall take effect on the first of January next succeed- 9 ing the date on which it shall have become a law, provided that the 10 amendments to subdivision (a) of section 439 of the family court act 11 made by section twenty-one of this act shall be subject to the expira- 12 tion and reversion of such subdivision pursuant to subdivision 19 of 13 section 246 of chapter 81 of the laws of 1995, as amended, when upon 14 such date the provisions of section twenty-two of this act shall take 15 effect and provided further that any and all rules and regulations and 16 any other measures necessary to implement this act on its effective date 17 may be promulgated or taken on or before such date.
