What's happening
This bill allows courts to issue orders of protection in child protective cases against any non-parent or parents found to have severely abused any child.
Why it matters
Expands protection for children. By allowing courts to issue orders of protection against any non-parent or parents found to have severely abused any child, this bill broadens the scope of who can be legally restrained from contacting or approaching the child, increasing safeguards for vulnerable minors.
Addresses severe abuse regardless of parental status. Previously, orders of protection were limited by the abuser’s relationship to the child’s household or family. The new language ensures that even biological or adoptive parents found to have severely abused any child (not just their own) can be subject to protective orders, closing loopholes in the law.
Long-term safety options. The bill permits orders of protection to last until the child’s eighteenth birthday, providing a long-term legal mechanism to keep abusers away and allowing the court to set conditions deemed necessary for the child’s health and safety.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Children and their caretakers
The bill would allow independent orders of protection against a child's biological or adoptive parent found to have severely abused any child, with protections lasting up to the child's eighteenth birthday.
Biological and adoptive parents
A finding that they severely abused any child could subject them to an independent order of protection in their own child's protective proceeding.
Relatives and other nonparent adults
The bill would remove restrictions limiting these independent orders to certain former household members or legally responsible people unrelated to the child or household members.
Family Court judges
The bill would broaden whom they may issue independent orders of protection against while retaining their discretion to set conditions necessary to protect the child and caretaker.
Headline styles
Protect Kids From Abusive Parents
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to children and families
- Referred to children and families
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3556
2019-2020 Regular Sessions
IN SENATE
February 8, 2019
Introduced by Sen. KENNEDY -- 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.
LBD05556-01-9
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 adop- tive 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. Current- ly, 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 19 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
2017-18: S.1409 (Avella); Passed the Senate 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.