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Who cares
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Sponsors
No co-sponsors yet.
History
- Committee discharged and committed to children and families
- Referred to social services, children and families
- Referred to children and families
- Referred to social services, children and families
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to provisions of orders of protection
In Assembly Committee · Judiciary · Sponsor Joseph Errigo
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the family court act, in relation to orders of protection in abuse and neglect cases
Purpose
This legislation seeks to grant family court judges the discretion to require a respondent and his or her parent(s) to participate in family counseling if such counseling is in the best interests of the child.
Summary of provisions
Section 1056 of the Family Court Act is amended by adding a new Subdivision (g) to enable the court to require a respondent and his/her parents "to participate in family counseling or other professional counseling activities conducted by an authorized person or an authorized agency to which the child has been referred or placed. provided that such family counseling or other type of counseling is not contrary to such person's religious beliefs and is deemed to be in the best interest of the child."
Existing law
Current law provides that courts may order respondents to stay away from the home, school, business or place of employment of the other spouse and to refrain from committing further acts that endanger the health and/or welfare of the child. The court may order either parent to provide for expenses incurred for medical care and treatment arising from the incident or incidents forming the basis for the issuance of the order. Finally, the court may impose other conditions as are necessary to further the purposes of protecting the child.
Justification
Under current law, parents who have neglected or abused their children have little or no motivation to cooperate with appropriate treatment or counseling programs. By giving judges the option of directing such cooperation and participation in family counseling programs, the court could exercise additional supervision. The penalties for violating such an order of protection would provide the incentive needed for cooperation and an ultimately positive outcome.
Legislative history
2007-08: S.2712/A.4899. 2006: S.6992/A.10351. 2005: A.5120. 2004: A.2200. 2001: A.3290. 2000: A.3966. 1998: A.9644.
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.