Requires family court judges to order counseling for children as direct or indirect victims in family offense proceeding, where there is a demonstrated need

BILL NUMBER:S5516A

Title of bill

An act to amend the family court act, in relation to orders of protection in family offense proceedings; counseling for children

Purpose or general idea of bill

To provide that a family court judge may order counseling for children who have lived with family violence or psychological abuse, even when the children have not been the direct targets of the violence or abuse.

Summary of specific provisions

Family Court Act § 842 is amended by the addition of a new undesignated paragraph which provides: The court may order counseling for children when one member of the family or household has been charged with or found to have committed a family offense against another member of the family or household, even if the children were not the direct victims.

Justification

Psychological studies show that children suffer profound psychological distress with accompanying somatic symptoms from observing abuse of one parent by the other. Wohl and Kaufman, Silent Screams and Hidden Cries, 135 (Brunner/Hazel, New York 1985); Levine, M., "Interparental Violence and Its Effects on Children: A Study of 50 Families in a General Practice," 15 Med. Sci. Law 172, 175 (1975); Porter & O'Leary, "Marital Discord and Childhood Behavior Problems," J. of Abnormal Child Psychology 287, 292-293 (1980), Pfouts, Schopler and Henley, "Forgotten Victims of Family Violence," Social Work, 367, 368 (July 1982); Pagelow, "Children in Violent Families: Direct and Indirect Victims," in Hill & Barnes eds., Young Children and Their Families, 47, 54 (Lexington Books, Mass., 1982). These children suffer from low self-esteem, guilt, skin rashes, stomach pains, night terrors, bed wetting, upper respiratory infections, and other complaints more frequently than children who have not been exposed to abuse of one parent by the other. Id. Courts have recognized this harm and suspended visitation by a parent who verbally or physically abused the custodial parent. Goldring v, Goldring, 73 A.D. 2d 955, 424 NYS 2d 270, 273, (2d Dept 1983); Serrano v. Serrano, NYLJ, Jan. 21, 1986, p. 17, Cal. 6 (Supreme Court Kings county). In one case the Appellate Division, Third Department, terminated a father's visitation because his abuse of his second wife caused his children to suffer serious emotional distress (even though the father's wife was not their mother). Moller v. Holier, 53 AD 2d 996, 386 NYS 2d 226, 227 (3rd Dept 1976).

Thus, the family court should have the authority to order counseling for children who have lived with family violence or psychological abuse when there is evidence that the children need this help.

PRIOR. LEGISLATIVE HISTORY: 2011-A.4846 2009-A.1415 2007-A.595 2006 -A.9374 2005 -A.572

Fiscal implications for state and local governments

None.

Effective date

Immediately.