Bill Text: NY A10325 | 2023-2024 | General Assembly | Introduced
Bill Title: Requires the court in proceedings in which an order of protection or temporary order of protection has been issued and a child is the protected party to notify such child's school of such order of protection or temporary order or protection on the same day of the issuance of such order of protection or temporary order or protection.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-05-17 - referred to children and families [A10325 Detail]
Download: New_York-2023-A10325-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10325 IN ASSEMBLY May 17, 2024 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Hevesi) -- read once and referred to the Committee on Children and Families AN ACT to amend the family court act, the criminal procedure law and the education law, in relation to notifying school districts of orders of protection and temporary orders of protection The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 842 of the family court act is amended by adding a 2 new closing paragraph to read as follows: 3 In any proceeding in which a child is the protected party in whose 4 favor an order of protection or temporary order of protection has been 5 issued, and such child legally attends a school in the state of New 6 York, the court shall notify such school or board of cooperative educa- 7 tional services of such school district on the same day as the issuance, 8 modification, extension, dismissal, or expiration of the order of 9 protection or temporary order of protection, or as soon thereafter as 10 practicable, when such order of protection or temporary order of 11 protection requires the parent or the person legally responsible for 12 such child's care, or the spouse of the parent or other person legally 13 responsible for such child's care, to stay away from such child's 14 school. The presentation of a copy of such order to such school or 15 board of cooperative educational services of such school district shall 16 not impose on such school or board of cooperative educational services 17 of such school district any duty of care greater than what is legally 18 required. The court shall be required to adopt a process by which the 19 school district superintendent, school building principal, or school 20 administrator of the school such child legally attends is confidentially 21 notified by mail, fax, or secure electronic document. 22 § 2. Subdivisions 6 and 8 of section 530.12 of the criminal procedure 23 law, as amended by chapter 480 of the laws of 2013, are amended to read 24 as follows: 25 6. An order of protection or a temporary order of protection issued 26 pursuant to subdivision one, two, three, four or five of this section 27 shall bear in a conspicuous manner the term "order of protection" or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15509-01-4A. 10325 2 1 "temporary order of protection" as the case may be and a copy shall be 2 filed by the clerk of the court with the sheriff's office in the county 3 in which the complainant resides, or, if the complainant resides within 4 a city, with the police department of such city. The order of protection 5 or temporary order of protection shall also contain the following 6 notice: "This order of protection will remain in effect even if the 7 protected party has, or consents to have, contact or communication with 8 the party against whom the order is issued. This order of protection can 9 only be modified or terminated by the court. The protected party cannot 10 be held to violate this order nor be arrested for violating this 11 order."[.] The absence of such language shall not affect the validity of 12 such order. A copy of such order of protection or temporary order of 13 protection may from time to time be filed by the clerk of the court with 14 any other police department or sheriff's office having jurisdiction of 15 the residence, work place, and school of anyone intended to be protected 16 by such order. In any proceeding in which a child is the protected party 17 in whose favor an order of protection or temporary order of protection 18 has been issued, and such child legally attends a public or private 19 elementary, middle, or secondary school in the state of New York, the 20 clerk of the court shall confidentially notify the school superinten- 21 dent, school district superintendent, building principal, and/or other 22 school administrator of such school or board of cooperative educational 23 services of such school district pursuant to subdivision eight of this 24 section. A copy of the order may also be filed by the complainant at the 25 appropriate police department or sheriff's office having jurisdiction. 26 Any subsequent amendment or revocation of such order shall be filed in 27 the same manner as herein provided. 28 Such order of protection shall plainly state the date that such order 29 expires. 30 8. In any proceeding in which an order of protection or temporary 31 order of protection or a warrant has been issued under this section, the 32 clerk of the court shall issue to the complainant and defendant and 33 defense counsel and to any other person affected by the order a copy of 34 the order of protection or temporary order of protection and ensure that 35 a copy of the order of protection or temporary order of protection be 36 transmitted to the local correctional facility where the individual is 37 or will be detained, the state or local correctional facility where the 38 individual is or will be imprisoned, and the supervising probation 39 department or department of corrections and community supervision where 40 the individual is under probation or parole supervision. In any 41 proceeding in which a child is the protected party in whose favor an 42 order of protection or temporary order of protection has been issued, 43 and such child legally attends a public or private elementary, middle, 44 or secondary school in the state of New York, the clerk of the court 45 shall confidentially notify the school superintendent, school district 46 superintendent, building principal, and/or other school administrator of 47 such school or board of cooperative educational services of such school 48 district by mail, fax, or secure electronic format on the same day as 49 the issuance, modification, extension, dismissal, or expiration of the 50 order of protection or temporary order of protection, or as soon there- 51 after as practicable, when such order of protection or temporary order 52 of protection requires the parent or the person legally responsible for 53 such child's care, or the spouse of the parent or other person legally 54 responsible for such child's care, to stay away from such child's 55 school. The presentation of a copy of such order to such school or board 56 of cooperative educational services of such school district shall notA. 10325 3 1 impose on such school or board of cooperative educational services of 2 such school district any duty of care greater than what is legally 3 required. The presentation of a copy of such order or a warrant to any 4 peace officer acting pursuant to [his or her] such peace officer's 5 special duties or police officer shall constitute authority for [him or6her] such officer to arrest a person who has violated the terms of such 7 order and bring such person before the court and, otherwise, so far as 8 lies within [his or her] such officer's power, to aid in securing the 9 protection such order was intended to afford. The protected party in 10 whose favor the order of protection or temporary order of protection is 11 issued may not be held to violate an order issued in [his or her] such 12 party's favor nor may such protected party be arrested for violating 13 such order. 14 § 3. Paragraph e of subdivision 4 of section 2-d of the education law, 15 as added by section 1 of subpart L of part AA of chapter 56 of the laws 16 of 2014, is amended to read as follows: 17 e. Except as required by law or in the case of educational enrollment 18 data, school districts shall not report to the department the following 19 student data elements: 20 (1) juvenile delinquency records; 21 (2) criminal records; 22 (3) medical and health records; [and] 23 (4) student biometric information; and 24 (5) orders of protection in which the student is the protected party. 25 § 4. Paragraph c of subdivision 1 of section 3210 of the education 26 law, as added by chapter 549 of the laws of 1986, is amended to read as 27 follows: 28 c. In the event that a person requests the release of a minor required 29 by the provisions of part one of this article to attend upon instruc- 30 tion, the identity of such person shall be verified against a list of 31 names provided by the person or persons in parental relation to the 32 minor, as defined in section two of this chapter, at the time of such 33 minor's enrollment. The school district may adopt appropriate procedures 34 for the purpose of submitting a list of names at a later date or updat- 35 ing the list of names provided by the person or persons in parental 36 relation. If such person is identified as one of those persons included 37 on such list, such minor may be released from attendance. If such person 38 is identified as a person not included on such list, such minor may not 39 be released except in the event of an emergency as determined in the 40 sole discretion of the principal of the school, or his designee, 41 provided that the person or persons in parental relation to the minor 42 have been contacted and have agreed to such release. A school district 43 may presume that either parent of the student has authority to obtain 44 the release of said minor unless the school district has been provided 45 with a certified copy of the legally binding instrument, such as the 46 court order or decree of divorce, separation or custody which provides 47 evidence to the contrary, or an order of protection pursuant to section 48 eight hundred forty-two of the family court act or subdivisions six and 49 eight of section 530.12 of the criminal procedure law. No situation 50 shall be deemed an emergency until the facts of such situation have been 51 verified by such principal or [his] such principal's designee. No civil 52 or criminal liability shall arise or attach to any school district or 53 employee thereof for any act or omission to act as a result of, or in 54 connection with, the duties or activities authorized or directed by this 55 paragraph. The foregoing procedure shall not apply to release of a minorA. 10325 4 1 pursuant to the protective custody provisions of the social services law 2 and the family court act. 3 § 5. This act shall take effect on the ninetieth day after it shall 4 have become a law. Effective immediately, the addition, amendment and/or 5 repeal of any rule or regulation necessary for the implementation of 6 this act on its effective date are authorized to be made and completed 7 on or before such effective date.
