Bill Text: NY A07644 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to severe child abuse and orders of protection in child abuse and neglect cases.

Spectrum: Slight Partisan Bill (Democrat 15-5)

Status: (Introduced - Dead) 2015-06-15 - substituted by s5054 [A07644 Detail]

Download: New_York-2015-A07644-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7644
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 20, 2015
                                      ___________
       Introduced by M. of A. FAHY -- (at request of the Office of Court Admin-
         istration)  -- read once and referred to the Committee on Children and
         Families
       AN ACT to amend the family court act and the executive law, in  relation
         to  severe  child  abuse  and  orders of protection in child abuse and
         neglect cases
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision (e) of section 1051 of the family court act, as
    2  amended  by  chapter  430  of  the  laws  of 2013, is amended to read as
    3  follows:
    4    (e) If the court makes a finding of abuse, it shall specify the  para-
    5  graph or paragraphs of subdivision (e) of section one thousand twelve of
    6  this  act  which  it  finds  have been established. If the court makes a
    7  finding of abuse as defined in paragraph (iii)  of  subdivision  (e)  of
    8  section one thousand twelve of this act, it shall make a further finding
    9  of  the specific sex offense as defined in article one hundred thirty of
   10  the penal law. In addition to a finding of abuse, the court may enter  a
   11  finding  of  severe abuse or repeated abuse, as defined in subparagraphs
   12  (i), (ii) and (iii) of paragraph (a) or subparagraphs (i)  and  (ii)  of
   13  paragraph   (b)   of   subdivision   eight   of  section  three  hundred
   14  eighty-four-b of the social services law, which shall be admissible in a
   15  proceeding to terminate parental rights pursuant  to  paragraph  (e)  of
   16  subdivision  four  of  section three hundred eighty-four-b of the social
   17  services law; PROVIDED, HOWEVER, THAT A FINDING OF  SEVERE  OR  REPEATED
   18  ABUSE  UNDER  THIS SECTION MAY BE MADE AGAINST ANY RESPONDENT AS DEFINED
   19  IN SUBDIVISION (A) OF SECTION ONE THOUSAND TWELVE OF THIS ACT.   If  the
   20  court  makes  such additional finding of severe abuse or repeated abuse,
   21  the court shall state the grounds for its determination, which shall  be
   22  based upon clear and convincing evidence.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09651-01-5
       A. 7644                             2
    1    S 2. Subdivision 1 of section 221-a of the executive law, as separate-
    2  ly  amended by sections 14 and 67 of part A of chapter 56 of the laws of
    3  2010, is amended to read as follows:
    4    1.  The  superintendent, in consultation with the division of criminal
    5  justice services, office of court administration, and the office for the
    6  prevention of domestic violence, shall develop a comprehensive plan  for
    7  the  establishment  and maintenance of a statewide computerized registry
    8  of all orders of protection issued pursuant to articles four, five,  six
    9  [and],  eight  AND  TEN  of  the family court act, section 530.12 of the
   10  criminal procedure law and, insofar as they involve victims of  domestic
   11  violence  as  defined by section four hundred fifty-nine-a of the social
   12  services law, section 530.13 of the criminal procedure law and  sections
   13  two  hundred  forty  and two hundred fifty-two of the domestic relations
   14  law, and orders of protection issued by courts of competent jurisdiction
   15  in another state, territorial or tribal jurisdiction, special orders  of
   16  conditions  issued pursuant to subparagraph (i) or (ii) of paragraph (o)
   17  of subdivision one of section 330.20 of the criminal procedure law inso-
   18  far as they involve a victim or victims of domestic violence as  defined
   19  by  subdivision  one  of section four hundred fifty-nine-a of the social
   20  services law or a designated  witness  or  witnesses  to  such  domestic
   21  violence,  and  all  warrants  issued  pursuant  to sections one hundred
   22  fifty-three and eight hundred twenty-seven of the family court act,  and
   23  arrest and bench warrants as defined in subdivisions twenty-eight, twen-
   24  ty-nine  and thirty of section 1.20 of the criminal procedure law, inso-
   25  far as such warrants pertain to orders of protection or temporary orders
   26  of protection; provided,  however,  that  warrants  issued  pursuant  to
   27  section  one  hundred  fifty-three of the family court act pertaining to
   28  articles three[,] AND seven [and ten] of such act and section 530.13  of
   29  the  criminal  procedure  law shall not be included in the registry. The
   30  superintendent shall  establish  and  maintain  such  registry  for  the
   31  purposes  of  ascertaining the existence of orders of protection, tempo-
   32  rary orders of protection, warrants and special  orders  of  conditions,
   33  and for enforcing the provisions of paragraph (b) of subdivision four of
   34  section 140.10 of the criminal procedure law.
   35    S  3.  This  act shall take effect on the ninetieth day after it shall
   36  have become a law.