Relates to the basis for removal of children; provides a safe harbor for a non-abusive spouse to report abuse while retaining custody of children

BILL NUMBER:S7429

Title of bill

An act to amend the family court act, in relation to the basis for removal of children

Purpose

This bill would provide a safe harbor for families in cases of domestic abuse. Abusive spouses often threaten the removal of children by Child Protective Services (CPS) should the abused spouse wish to report the abuse. This bill would take away the threat of the removal of the children by CPS, should the abused spouse report the domestic violence. This act shall be known as "Melinda's Law".

Summary of provisions

Section 1017 of the family course act is amended by adding a new subdivision 1-a, which would allow the court to determine whether there is a suitable parent or person related to the child with whom the child can reside under. This section also adds a series of protocols that the court must follow in determining whether the child's best interest is in the custody of the battered spouse.

Paragraphs (vi) and (vii) of subdivision (a) of section 1023 of the family court act are renumbered (vii) and (viii) and new paragraph (vi) is added. This would issue an order of protection against the respondent abuser pursuant to paragraph (v) of this subdivision.

Subdivision (a) of section 1028 of the family court act, as amended by chapter 41 of the laws of 2010, is amended to allow the parent/guardian of the child who is temporarily removed to apply for the legal guardianship of the child given that the child's attorney issues an order returning the child to the patent/ guardian.

Justification

Melinda is a woman suffering from battered women's syndrome. Her husband has abused her for over twenty years. The abuse has been physical, verbal, and psychological. She has taken the abuse with the belief that her children need a father. However, the abuse now includes their children. This abuse consists of locking a young teenager in the basement, pushing a five-year old to the ground, and hitting his teenage son with a wooden rod. When Melinda Warned her husband that she would call the police, her husband threatened that if she reported him that her children would be taken away from her by CPS. Out of the fear of losing her children to CPS, Melinda has not reported her husband to authorities, and as a result, the abuse has escalated.

This bill would allow for abused spouses, like Melinda, the opportunity to keep their children under their guardianship and report their abusive spouses without the threat of losing the

children to CPS. It is often out of fear of losing their children that crimes of domestic abuse go unreported. This bill would provide a safe harbor for many battered spouses to report their abuser to authorities, taking away the fear of losing their children. This bill gives the non-abusive parent the ability to save themselves along with their children from the domestic violence that the abusive spouse has inflicted on their family.

Legislative history

New bill.

Fiscal implications

None.

Effective date

This act shall take effect immediately.