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A6848Assembly2019-2020 SessionSame asS4955

Clarify Police Role in Custody

Official title

“Relates to requiring orders of custody to state whether law enforcement is authorized to remove a child or children”

Sponsor Amy PaulinAD-88+23 co-sponsorsAffects Legal
Status
In Assembly Committee
Judiciary
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Judiciary

What's happening

This bill requires family court custody or visitation orders to specify if law enforcement can remove children to enforce the orders.

Why it matters

  1. Clarifies law enforcement’s role. By requiring custody and visitation orders to explicitly state whether police can remove children to enforce those orders, the bill removes ambiguity for families, courts, and law enforcement, reducing the risk of overreach or hesitation in sensitive situations.

  2. Impacts family safety and conflict resolution. Clear directives on police involvement can help prevent traumatic or chaotic removals, ensuring that law enforcement only intervenes when explicitly authorized, which may help de-escalate contentious custody disputes.

  3. Enhances legal transparency and accountability. Parents and guardians will know in advance what to expect regarding enforcement, increasing fairness and predictability in how custody and visitation orders are upheld.

  4. May affect how quickly orders are enforced. The requirement to specify law enforcement authority could speed up or slow down interventions, depending on what the court orders, potentially affecting the immediate safety and well-being of children involved.

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Headline styles

Clarify Police Role in Custody

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

Sponsors

History

  1. Referred to judiciary
  2. Referred to judiciary

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.

S4955Senate

Clarify Police Role in Custody

In Senate Committee · Children And Families · Sponsor Brad Hoylman-Sigal

Impact 4 · Low0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

6848

2019-2020 Regular Sessions

IN ASSEMBLY

March 21, 2019

Introduced by M. of A. PAULIN, JAFFEE, BUCHWALD, OTIS, SAYEGH, MOSLEY, ARROYO, AUBRY, BLAKE, BUTTENSCHON, DICKENS, D'URSO, ENGLEBRIGHT, PICHARDO, STIRPE, WILLIAMS, MONTESANO, MORINELLO, DeSTEFANO, LAWRENCE, McDONOUGH, B. MILLER, REILLY -- Multi-Sponsored by -- M. of A. GIGLIO, WRIGHT -- read once and referred to the Committee on Judiciary

AN ACT to amend the family court act, in relation to the removal of children by orders of custody

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

Section 1. Paragraph 4 of subdivision (e) of section 651 of the family court act, as amended by chapter 295 of the laws of 2009, is amended to read as follows:

4. Notifying counsel and issuing orders. Upon consideration of decisions pursuant to article ten of this act, and registry reports and notifying counsel involved in the proceeding, or in the event of a selfrepresented party, notifying such party of the results thereof, including any court appointed attorney for children, the court may issue a temporary, successive temporary or final order of custody or visitation. Such orders shall state whether law enforcement is authorized to remove the child or children in order to comply with and enforce said orders.

§ 2. Subdivisions (a) and (b) of section 652 of the family court act, as amended by chapter 40 of the laws of 1981, are amended to read as follows:

(a) When referred from the supreme court to the family court, the family court has jurisdiction to determine, with the same powers possessed by the supreme court, applications to fix temporary or permanent custody and applications to modify judgments and orders of custody or visitation in actions and proceedings for marital separation, divorce, annulment of marriage and dissolution of marriage. Applications to modify judgments and orders of custody may be granted by the family court under this section only upon the showing to the family court that

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

[ ] is old law to be omitted.

LBD10822-01-9

A. 6848 2

there has been a subsequent change of circumstances and that modification is required. Such determinations, including modifications of judgments or orders of custody, shall state whether law enforcement is authorized to remove the child or children in order to comply with and enforce court judgments or orders.

(b) In the event no such referral has been made and unless the supreme court provides in the order or judgment awarding custody or visitation in an action for divorce, separation or annulment, that it may be enforced or modified only in the supreme court, the family court may: (i) determine an application to enforce the order or judgment awarding custody or visitation, or (ii) determine an application to modify the order or judgment awarding custody or visitation upon a showing that there has been a subsequent change of circumstances and modification is required. Such determinations, including modifications of judgments or orders of custody, shall state whether law enforcement is authorized to remove the child or children in order to comply with and enforce court judgments or orders.

§ 3. This act shall take effect immediately.

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

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