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