Authorizes the issuance of an order of protection in a child protective proceeding against a parent of a child when such parent is found to have severely abused another child

Title of bill

An act to amend the family court act, in relation to the issuance of orders of protection in child protective proceedings

Purpose

This bill is meant to allow the family court to issue an order of protection against a person that is not the child's biological or adoptive parent in addition to being able to issue orders of protection against the biological parents found to have severely abused any child.

Summary of provisions

Section 1. Amends subdivision 4 of section 1056 of the family court act, as added by chapter 622 of the laws of 1990, summarized as follows:

Any person that is not the child's adoptive parent, biological parent, or is indeed the biological or adoptive parent, that is found to have severely abused any child can have an order of protection placed against them preventing contact with the child victim until their eighteenth birthday.

Section 2 is the enacting clause.

Justification

This law would allow - although not require - Family Court to issue a no contact order of protection, which lasts until the child's eighteenth birthday, in situations involving abusive parents or relatives. Currently, the law does not permit the court to issue orders of no contact for an abusive relative who is not the parent of the child seeking protection. Yet, some of the most serious cases of abuse have been at the hands of a stepparent. This bill would allow the court to have the option of ending the child's relationship with an abusive relative through an order of no contact that lasts until the child turns 18 years of age.

In addition, the law would provide greater safety in cases involving abuse by the parents, by extending the length of time for a no contact order of protection. Under current law, when the court determines that a parent is incapable of having safe contact with a child, a Judge can only issue an order of no contact for a period up to one year. This bill would allow a Judge to extend the order through the child's eighteenth birthday so that the child would not be at-risk on an annual basis when the court order expires. Aside from a no contact order, the only option is to terminate the parents' rights and free the child for adoption. However, that is not in the child's best interests when the child lives safely in the custody of a non-abusive parent. To promote child safety, Family Court should have the option to issue a no contact order that covers the child through age 18 when the circumstances require it.

Legislative history

2015: S.3936 (Felder); Passed the Senate 2014: S.7215 (Felder); Passed the Senate

Fiscal implications

To be determined.

Effective date

This act shall take effect on the thirtieth day after it shall have become a law.