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S1409Senate2017-2018 Session

Protect Kids from Abusive Parents

Official title

“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”

Sponsor Tony AvellaSD-11+1 co-sponsorAffects Health
Status
In Assembly Committee
Children And Families
Impact
4/10
Low
Passage
0%

Bill progress

Step 5 of 7

In Assembly · Children And Families

What's happening

The bill expands who can be subject to orders of protection in child protective cases to include abusive biological or adoptive parents.

Why it matters

  1. Expands court authority to issue orders of protection. The bill allows family courts to issue protective orders not only against non-parental figures but also specifically against biological or adoptive parents who have been found to have severely abused any child, broadening the scope of who can be legally kept away from a child in protective cases.

  2. Addresses gaps in current law. Previously, the law limited protective orders mostly to individuals outside the immediate family or household, sometimes excluding abusive parents from such orders. This amendment closes that loophole, offering more comprehensive protection for children.

  3. Potentially increases child safety and judicial flexibility. By empowering courts to issue long-term orders (up to the child’s 18th birthday) against abusive parents, the bill gives judges more tools to protect at-risk children and tailor protective conditions to each case’s needs.

  4. Signals a shift toward prioritizing child welfare over parental rights in severe abuse cases. The change reflects a policy emphasis on children's health and safety, even when it means imposing restrictions on biological or adoptive parents, marking a significant legal and cultural stance on child protection.

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Who cares

Headline styles

Protect Kids from Abusive Parents

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Tony Avella

Senator · Senate District 11

Chair, Children And Families

1 Co-sponsor

History

  1. Referred to children and families
  2. Delivered to assembly
  3. Passed senateVote 59–0
  4. Advanced to third reading
  5. 2nd report cal.
  6. 1st report cal.128
  7. Referred to children and families
  8. Returned to senate
  9. Died in assembly
  10. Referred to children and families
  11. Delivered to assembly
  12. Passed senateVote 60–0
Show 4 earlier actions
  1. Advanced to third reading
  2. 2nd report cal.
  3. 1st report cal.189
  4. Referred to children and families

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

1409

2017-2018 Regular Sessions

IN SENATE

January 9, 2017

Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families

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

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision 4 of section 1056 of the family court act, as added by chapter 622 of the laws of 1990, is amended to read as follows:

4. The court may enter an order of protection independently of any other order made under this part, against a person who [was a member of the child's household or a person legally responsible as defined in section one thousand twelve of this chapter, and who is no longer a member of such household at the time of the disposition and who is not related by blood or marriage to the child or a member of the child's household] is not the child's biological parent or adoptive parent, or against a child's biological or adoptive parent who has been found to have severely abused any child. An order of protection entered pursuant to this subdivision may be for any period of time up to the child's eighteenth birthday and upon such conditions as the court deems necessary and proper to protect the health and safety of the child and the child's caretaker.

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

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD01248-01-7

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

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 order s 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.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.