STATE OF NEW YORK ________________________________________________________________________ 5998 2025-2026 Regular Sessions IN SENATE March 4, 2025 ___________ Introduced by Sens. SKOUFIS, ADDABBO, ASHBY, CANZONERI-FITZPATRICK, CLEARE, COMRIE, COONEY, GALLIVAN, GOUNARDES, HARCKHAM, HINCHEY, HOYL- MAN-SIGAL, JACKSON, KRUEGER, MARTINEZ, MARTINS, MATTERA, MAY, MAYER, MURRAY, MYRIE, OBERACKER, O'MARA, PALUMBO, RAMOS, RHOADS, RIVERA, ROLISON, SCARCELLA-SPANTON, SEPULVEDA, WEBB, WEBER, WEIK -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the domestic relations law, the family court act and the civil practice law and rules, in relation to establishing "Kyra's Law" The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 "Kyra's Law". 3 § 2. Legislative intent. The legislature recognizes that the safety 4 of children is of paramount importance and is an integral element of 5 their best interests. To that end, the legislature finds that judicial 6 decisions regarding custody of, and access to, children shall promote 7 the safety of children as a threshold issue. 8 § 3. Paragraphs (a) and (a-1) of subdivision 1 of section 240 of the 9 domestic relations law, paragraph (a) as amended by chapter 567 of the 10 laws of 2015 and paragraph (a-1) as amended by chapter 295 of the laws 11 of 2009, are amended to read as follows: 12 (a) In any action or proceeding brought (1) to annul a marriage or to 13 declare the nullity of a void marriage, or (2) for a separation, or (3) 14 for a divorce, or (4) to obtain, by a writ of habeas corpus or by peti- 15 tion and order to show cause, the custody of or right to visitation with 16 any child of a marriage, the court shall require verification of the 17 status of any child of the marriage with respect to such child's custody 18 and support, including any prior orders, and shall enter orders for 19 custody and support as, in the court's discretion, justice requires, 20 having regard to the circumstances of the case and of the respective EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10304-01-5
S. 5998 2 1 parties and to the best interests of the child and subject to the 2 provisions of subdivision one-c of this section. When the parties first 3 appear in court, the court shall advise the parties before proceeding of 4 the right to be represented by counsel of their own choosing, of the 5 right to an adjournment of no longer than thirty days to confer with 6 counsel, and the right to seek counsel fees and expenses, pursuant to 7 section two hundred thirty-seven of this article. The court shall assign 8 counsel to the eligible parties and children, pursuant to article two of 9 the family court act and subdivisions seven and eight of section thir- 10 ty-five of the judiciary law. Where either party to an action concerning 11 custody of or a right to visitation with a child alleges in a sworn 12 petition or complaint or sworn answer, cross-petition, counterclaim or 13 other sworn responsive pleading that the other party has committed an 14 act of domestic violence against the party making the allegation or a 15 family or household member of either party, as such family or household 16 member is defined in article eight of the family court act, and such 17 allegations are proven by a preponderance of the evidence, the court 18 [must] shall consider the effect of such domestic violence upon the best 19 interests of the child, together with such other facts and circumstances 20 as the court deems relevant in making a direction pursuant to this 21 section and state on the record how such findings, facts and circum- 22 stances factored into the direction. If a parent makes a good faith 23 allegation based on a reasonable belief supported by facts that the 24 child is the victim of child abuse, child neglect, or the effects of 25 domestic violence, and if that parent acts lawfully and in good faith in 26 response to that reasonable belief to protect the child or seek treat- 27 ment for the child, then that parent shall not be deprived of custody, 28 visitation or contact with the child, or restricted in custody, visita- 29 tion or contact, based solely on that belief or the reasonable actions 30 taken based on that belief. If an allegation that a child is abused is 31 supported by a preponderance of the evidence, then the court shall 32 consider such evidence of abuse in determining the visitation arrange- 33 ment that is in the best interest of the child, and the court shall not 34 place a child in the custody of a parent who presents a substantial risk 35 of harm to that child, and shall state on the record how such findings 36 were factored into the determination. Where a proceeding filed pursuant 37 to article ten or ten-A of the family court act is pending at the same 38 time as a proceeding brought in the supreme court involving the custody 39 of, or right to visitation with, any child of a marriage, the court 40 presiding over the proceeding under article ten or ten-A of the family 41 court act may jointly hear the dispositional hearing on the petition 42 under article ten or the permanency hearing under article ten-A of the 43 family court act and, upon referral from the supreme court, the hearing 44 to resolve the matter of custody or visitation in the proceeding pending 45 in the supreme court; provided however, the court [must] shall determine 46 custody or visitation in accordance with the terms of this section. 47 An order directing the payment of child support shall contain the 48 social security numbers of the named parties. In all cases there shall 49 be no prima facie right to the custody of the child in either parent. 50 Such direction shall make provision for child support out of the proper- 51 ty of either or both parents. The court shall make its award for child 52 support pursuant to subdivision one-b of this section. Such direction 53 may provide for reasonable visitation rights to the [maternal and/or 54 paternal] grandparents of any child of the parties. Such direction as it 55 applies to rights of visitation with a child remanded or placed in the 56 care of a person, official, agency or institution pursuant to article
S. 5998 3 1 ten of the family court act, or pursuant to an instrument approved under 2 section three hundred fifty-eight-a of the social services law, shall be 3 enforceable pursuant to part eight of article ten of the family court 4 act and sections three hundred fifty-eight-a and three hundred eighty- 5 four-a of the social services law and other applicable provisions of law 6 against any person having care and custody, or temporary care and custo- 7 dy, of the child. Notwithstanding any other provision of law, any writ- 8 ten application or motion to the court for the establishment, modifica- 9 tion or enforcement of a child support obligation for persons not in 10 receipt of public assistance and care [must] shall contain either a 11 request for child support enforcement services which would authorize the 12 collection of the support obligation by the immediate issuance of an 13 income execution for support enforcement as provided for by this chap- 14 ter, completed in the manner specified in section one hundred eleven-g 15 of the social services law; or a statement that the applicant has 16 applied for or is in receipt of such services; or a statement that the 17 applicant knows of the availability of such services, has declined them 18 at this time and where support enforcement services pursuant to section 19 one hundred eleven-g of the social services law have been declined that 20 the applicant understands that an income deduction order may be issued 21 pursuant to subdivision (c) of section fifty-two hundred forty-two of 22 the civil practice law and rules without other child support enforcement 23 services and that payment of an administrative fee may be required. The 24 court shall provide a copy of any such request for child support 25 enforcement services to the support collection unit of the appropriate 26 social services district any time it directs payments to be made to such 27 support collection unit. Additionally, the copy of any such request 28 shall be accompanied by the name, address and social security number of 29 the parties; the date and place of the parties' marriage; the name and 30 date of birth of the child or children; and the name and address of the 31 employers and income payors of the party from whom child support is 32 sought or from the party ordered to pay child support to the other 33 party. Such direction may require the payment of a sum or sums of money 34 either directly to the custodial parent or to third persons for goods or 35 services furnished for such child, or for both payments to the custodial 36 parent and to such third persons; provided, however, that unless the 37 party seeking or receiving child support has applied for or is receiving 38 such services, the court shall not direct such payments to be made to 39 the support collection unit, as established in section one hundred 40 eleven-h of the social services law. Every order directing the payment 41 of support shall require that if either parent currently, or at any time 42 in the future, has health insurance benefits available that may be 43 extended or obtained to cover the child, such parent is required to 44 exercise the option of additional coverage in favor of such child and 45 execute and deliver to such person any forms, notices, documents or 46 instruments necessary to assure timely payment of any health insurance 47 claims for such child. 48 (a-1)(1) [Permanent and initial temporary orders of custody or visita- 49 tion. Prior to the issuance of any permanent or initial temporary order 50 of custody or visitation, the court shall conduct a review of the deci- 51 sions and reports listed in subparagraph three of this paragraph. 52 (2) Successive temporary orders of custody or visitation. Prior to the 53 issuance of any successive temporary order of custody or visitation, the 54 court shall conduct a review of the decisions and reports listed in 55 subparagraph three of this paragraph, unless such a review has been 56 conducted within ninety days prior to the issuance of such order.
S. 5998 4 1 (3) Decisions and reports for review. The court shall conduct a review 2 of the following:] Prompt evidentiary hearing. Upon the application of 3 any party to an action concerning custody of or visitation with a child, 4 or of an attorney for the child, asserting facially credible allega- 5 tions, including, but not limited to, allegations of domestic violence 6 that, if true, would pose a substantial risk to the safety of the child, 7 the court shall hold a prompt evidentiary hearing to determine whether 8 temporary limitations or conditions on the custody or visitation rights 9 of the party against whom such allegations have been made are necessary 10 to avoid a substantial risk to the child's safety. Except for good cause 11 shown, the hearing for such determination shall commence within twenty 12 court days of the application for such hearing with an adjournment of up 13 to thirty days, if needed, for the appearance by counsel for the parties 14 and attorney for the child. The court shall remind the parties of their 15 right to the assistance of counsel for the prompt evidentiary hearing. 16 During such hearing, only competent, material and relevant evidence 17 shall be admitted; provided, however, that certification or authentica- 18 tion of a law enforcement record or medical record shall not be required 19 for the record, or a portion thereof, to be admitted. If a party waives 20 their right to a hearing under this section, the court shall advise such 21 party at that time that, notwithstanding such waiver, an application 22 under this section may be made at any time during the pendency of the 23 proceedings. After a hearing has been held pursuant to this provision, 24 a party may request a subsequent prompt evidentiary hearing during the 25 pendency of litigation for good cause shown. 26 (2) Decisions and reports for review. The court shall conduct a review 27 of the following: 28 (i) related decisions in court proceedings initiated pursuant to arti- 29 cle ten of the family court act, and all warrants issued under the fami- 30 ly court act; and 31 (ii) reports of the statewide computerized registry of orders of 32 protection established and maintained pursuant to section two hundred 33 twenty-one-a of the executive law, and reports of the sex offender 34 registry established and maintained pursuant to section one hundred 35 sixty-eight-b of the correction law. 36 (2-a) Evidence. The court shall also consider competent, material and 37 relevant evidence, if presented to the court, including, but not limited 38 to, the following; provided, however, that certification or authentica- 39 tion of a law enforcement record or medical record shall not be required 40 for the record, or a portion thereof, to be admitted: 41 (i) any party's history of domestic violence or child abuse, incidents 42 involving harm to a child, or substantial risk to the child's safety; 43 (ii) police reports, including domestic violence incident reports or 44 reporting of incidents involving child abuse or domestic violence by a 45 party; and 46 (iii) evidence and prior judicial findings of child abuse, domestic 47 violence, or substantial risk to the child's safety, including but not 48 limited to: 49 (A) an increase in frequency or severity of domestic violence; 50 (B) use or threats to use a weapon or dangerous instrument, or unlaw- 51 ful possession of firearms; 52 (C) threats to harm or kill the child, the other party, the other 53 party's children, self or others, or companion animals; 54 (D) sexual abuse or other sexual offenses against the child or the 55 other party;
S. 5998 5 1 (E) unlawful dissemination or publication of an intimate image, pursu- 2 ant to section 245.15 of the penal law; 3 (F) incidents involving obstruction of breathing or strangulation; 4 (G) any party's pattern of alcohol or substance abuse that poses 5 substantial risk to the child's safety; 6 (H) incidents of violence during pregnancy; 7 (I) incidents of stalking or cyber stalking; and 8 (J) coercive control, as defined in paragraph (b) of subdivision one 9 of section two hundred forty-e of this article. 10 (3) Conditions of custody or visitation. If the court finds upon the 11 evidence adduced at the hearing that a substantial risk exists to the 12 safety of the child, the court shall set forth conditions of custody or 13 visitation in a temporary order of custody or visitation that prior- 14 itizes the avoidance of substantial risk to the child's safety. 15 (i) There shall be a rebuttable presumption that the court shall not 16 award, in a temporary order of custody or visitation, sole or joint 17 custody or visitation that is unsupervised or without sufficient 18 protections of the child's safety to a party who poses a substantial 19 risk to the child's safety. Supervision in such cases may also be 20 provided by a relative or other resource deemed appropriate by the 21 court. 22 (ii) The court shall state in writing or on the record its determi- 23 nation of whether a substantial risk exists to the child's safety, and 24 the factors, decisions and reports considered in making such findings 25 and the reasons for the limitations or restrictions placed on a party's 26 custody, visitation or contact with such child. When a prompt evidenti- 27 ary hearing has been held regarding an allegation of a substantial risk 28 to the child's safety and the court has rendered its decision, the 29 parties shall be notified of their right to appeal. 30 (iii) In addition to the right of appeal regarding a final order, any 31 party or the attorney for the child in a proceeding for a temporary 32 order of custody or visitation pursuant to this subparagraph in which a 33 prompt evidentiary hearing has been held regarding a facially credible 34 allegation of a substantial risk to the child's safety pursuant to the 35 provisions of this paragraph shall have a right to appeal the granting 36 or denial of the temporary order, or the terms of such order, to the 37 appropriate appellate division. An appeal under this subparagraph shall 38 be given a preference pursuant to rule five thousand five hundred twen- 39 ty-one of the civil practice law and rules. 40 A notice of appeal regarding the granting or denial of the temporary 41 order, or the terms of such order, by the supreme court under this 42 subparagraph shall be filed in accordance with subdivision (a) of 43 section five thousand five hundred thirteen of the civil practice law 44 and rules. A notice of appeal regarding the granting or denial of the 45 temporary order, or the terms of such order, by a family court under 46 this subdivision shall be filed no later than thirty days after the 47 service by a party or the child's attorney upon the appellant of any 48 order from which the appeal is taken or receipt of the order in court or 49 thirty-five days from mailing or electronic transmission of the order by 50 the court, whichever is earliest. 51 Pending the determination of such appeal, the appellate division in 52 which the appeal is pending may stay the order on appeal pursuant to 53 subdivision (c) of section five thousand five hundred nineteen of the 54 civil practice law and rules where such court determines that the effect 55 of the order on appeal creates a substantial risk to the safety of the 56 child and that a stay is necessary to avoid such risk. The party apply-
S. 5998 6 1 ing for the stay shall provide reasonable notice to the attorneys for 2 all parties and the attorney for the child of the time and place of such 3 application. The party applying for the stay shall state in the applica- 4 tion the errors of fact or law allegedly committed by the trial court. A 5 party applying to the appellate division for the stay shall make reason- 6 able effort to obtain a complete transcript of the proceeding before the 7 trial court in accordance with the rules of the applicable appellate 8 division. 9 (iv) Nothing contained in this subparagraph shall be deemed in any way 10 to limit, restrict, expand or impair the rights of any party to file for 11 a modification of a temporary order as is otherwise provided by law. 12 (4) Notifying counsel and issuing orders. Upon consideration of deci- 13 sions pursuant to article ten of the family court act, and registry 14 reports and notifying counsel involved in the proceeding, or in the 15 event of a self-represented party, notifying such party of the results 16 thereof, including any court appointed attorney for children, the court 17 may issue a temporary, successive temporary or final order of custody or 18 visitation. 19 (5) Temporary emergency order. Notwithstanding any other provision of 20 the law, upon emergency situations, including computer malfunctions, to 21 serve the best interest of the child, the court may issue a temporary 22 emergency order for custody or visitation in the event that it is not 23 possible to timely review decisions and reports on registries as 24 required pursuant to subparagraph [three] two of this paragraph. 25 (6) After issuing a temporary emergency order. After issuing a tempo- 26 rary emergency order of custody or visitation, the court shall conduct 27 reviews of the decisions and reports on registries as required pursuant 28 to subparagraph [three] two of this paragraph within twenty-four hours 29 of the issuance of such temporary emergency order. Should such twenty- 30 four hour period fall on a day when court is not in session, then the 31 required reviews shall take place the next day the court is in session. 32 Upon reviewing decisions and reports the court shall notify associated 33 counsel, self-represented parties and attorneys for children pursuant to 34 subparagraph four of this paragraph and may issue temporary or permanent 35 custody or visitation orders. 36 (7) Expedited hearing request. Nothing in this paragraph shall be 37 construed to limit the ability of a party or the child's attorney to 38 request, or the ability of the court to hold, an expedited hearing to 39 address other urgent matters that affect the child's well-being. 40 (8) Feasibility study. The commissioner of the office of children and 41 family services, in conjunction with the office of court administration, 42 is hereby authorized and directed to examine, study, evaluate and make 43 recommendations concerning the feasibility of the utilization of comput- 44 ers in courts which are connected to the statewide central register of 45 child abuse and maltreatment established and maintained pursuant to 46 section four hundred twenty-two of the social services law, as a means 47 of providing courts with information regarding parties requesting orders 48 of custody or visitation. Such commissioner shall make a preliminary 49 report to the governor and the legislature of findings, conclusions and 50 recommendations not later than January first, two thousand nine, and a 51 final report of findings, conclusions and recommendations not later than 52 June first, two thousand nine, and shall submit with the reports such 53 legislative proposals as are deemed necessary to implement the commis- 54 sioner's recommendations. 55 § 4. The domestic relations law is amended by adding a new section 56 240-e to read as follows:
S. 5998 7 1 § 240-e. Custody and visitation; safety of the child. 1. For the 2 purposes of this section, the following terms shall have the following 3 meanings: 4 (a) "Victim of domestic violence" shall have the same meaning as 5 defined in section four hundred fifty-nine-a of the social services law. 6 (b) "Coercive control" means a pattern of behavior that unreasonably 7 restricts a party's safety or autonomy through threats, or intimidation, 8 or by compelling compliance. This conduct includes, but is not limited 9 to: 10 (i) isolating the other party from friends, family or other sources of 11 support; 12 (ii) interfering with a party's freedom of movement; 13 (iii) depriving the other party of basic necessities such as food, 14 sleep, clothing, housing, medication or medical care; 15 (iv) controlling, regulating, surveilling or monitoring the other 16 party's movements, communications, daily behavior, appearance, finances, 17 economic resources or access to services; 18 (v) compelling the other party by force, threat of force or intim- 19 idation, including but not limited to threats based on actual or 20 suspected immigration status, to engage in conduct from which the other 21 party has a right to abstain or to abstain from conduct in which the 22 other party has a right to engage; 23 (vi) interfering with the other party's education or employment; 24 (vii) forcing or compelling the other party to perform sex acts, or 25 threats of a sexual nature, including but not limited to threatened acts 26 of sexual conduct, threats based on a person's sexuality or threats to 27 release intimate images; or 28 (viii) cleaning, accessing, displaying, using or wearing a firearm or 29 other dangerous weapon in an intimidating or threatening manner. 30 2. Notwithstanding any other provision of law to the contrary, a court 31 making a final determination of custody or visitation based on the best 32 interests of a child pursuant to the provisions of this chapter shall 33 prioritize and promote the safety of such child when making such deter- 34 minations. Only competent, material, and relevant evidence shall be 35 admitted. Promoting the safety of a child shall include efforts to 36 prevent physical or emotional harm to such child. In making such final 37 determinations, the court should consider evidence, if any, presented by 38 the parties and attorney for the child including, but not limited to: 39 (a) which party is more likely to protect the safety of the child, and 40 whether any party poses a substantial risk to the safety of the child; 41 (b) whether any party to the proceeding has committed, or has threat- 42 ened to commit an act of child abuse against the child, or has committed 43 or threatened to commit an act of domestic violence against the party 44 making the allegation, or a family or household member of either party 45 as such family or household member is defined in article eight of the 46 family court act; 47 (c) any party's history of domestic violence, child abuse, incidents 48 involving harm to a child or substantial risk to the child's safety; 49 (d) police reports, including domestic violence incident reports or 50 reporting of incidents involving child abuse or domestic violence by a 51 party; 52 (e) incidents of child abuse, domestic violence, or substantial risk 53 to the child's safety, including but not limited to: 54 (i) an increase in frequency or severity of domestic violence; 55 (ii) use or threats to use a weapon or dangerous instrument, or unlaw- 56 ful possession of firearms;
S. 5998 8 1 (iii) threats to harm or kill the child, the other party, the other 2 party's children, self or others, or companion animals; 3 (iv) sexual abuse or other sexual offenses against the child or other 4 party; 5 (v) unlawful dissemination or publication of an intimate image, pursu- 6 ant to section 245.15 of the penal law; 7 (vi) incidents involving obstruction of breathing or strangulation; 8 (vii) any party's pattern of alcohol or substance abuse that poses a 9 substantial risk to the child's safety; 10 (viii) incidents of violence during pregnancy; 11 (ix) incidents of stalking or cyber stalking; and 12 (x) coercive control, as defined in paragraph (b) of subdivision one 13 of this section; 14 (f) whether any party has been found to have committed an act pursuant 15 to section eight hundred twelve of the family court act between spouses 16 or former spouses, or between parent and child or between members of the 17 same family or household; and 18 (g) whether any party has used or threatened to use a dangerous 19 instrument to harm the other party, child, or a third party, including a 20 firearm, except in incidents involving self-defense, or has unlawfully 21 possessed a weapon or firearm, or has been convicted of criminal 22 possession of a weapon or criminal use of a firearm pursuant to article 23 two hundred sixty-five of the penal law, or is or has been subject to an 24 extreme risk protection order, pursuant to article sixty-three-A of the 25 civil practice law and rules. 26 3. There shall be a rebuttable presumption that custody or visitation 27 that is unsupervised or without sufficient protection of the child's 28 safety shall not be awarded to a party who poses a substantial risk to 29 the child's safety. Supervision in such cases may also be provided by a 30 relative or other resource deemed appropriate by the court. 31 4. (a) In any proceeding for custody or visitation where a party 32 asserts credible allegations of incidents or threats of domestic 33 violence, child abuse or a substantial risk to the child's safety, the 34 court shall not find that protective behaviors to safeguard the child 35 which were engaged in by the party who has made such allegations consti- 36 tute failure to support the child's relationship with the other party. 37 (b) The court shall not presume that a child's reluctance to interact 38 with a party was caused by the other party, nor shall a party be given 39 custody for the sole purpose of improving a relationship between the 40 child and such party or in an attempt to address the child's reluctance 41 to interact with such party. Where appropriate, however, the court may 42 enter an order directing one or more parties to refrain from disparaging 43 the other party or parties in the presence of the child or children. 44 (c) Nothing in this section shall be construed to create an exception 45 to section seven hundred fifty-three of the judiciary law, or any other 46 enforcement provision, such that a party may seek to enforce any proper 47 ruling of the court, unless stayed, concerning access to the child or 48 conditions of access to the child. 49 5. The chief administrator of the courts shall promulgate and enforce 50 rules mandating comprehensive training on domestic violence, child abuse 51 and child neglect before judges, referees, and other hearing officers 52 preside over child custody proceedings in which one or more parties have 53 alleged substantial risk to the child's safety, and supplemental train- 54 ing every two years thereafter to remain eligible to preside over such 55 proceedings. Such training shall address current knowledge and law 56 relating to domestic violence, child abuse and child neglect, with the
S. 5998 9 1 goal of making appropriate custody and visitation decisions that prior- 2 itize children's safety and are culturally sensitive and appropriate for 3 diverse communities. Such training shall include, but not be limited 4 to, trauma-informed judicial practices, the dynamics and effects of 5 domestic violence and child abuse, including, but not limited to, 6 emotional, financial, physical, technological and sexual abuse; assess- 7 ment of domestic violence, coercive control, child abuse, lethality risk 8 factors and heightened danger to a child's safety; tactics used by abuse 9 partners, including, but not limited to allegations of parental alien- 10 ation and parental gatekeeping, litigation abuse, and cyber abuse; and 11 the distinction between inappropriate interference with the child-parent 12 relationship and protective parenting in the context of domestic 13 violence or child abuse. The office of court administration, in consul- 14 tation with the office for the prevention of domestic violence, shall 15 develop and conduct such training, which shall be reviewed and updated 16 at least once every two years. 17 § 5. Section 70 of the domestic relations law, as amended by chapter 18 457 of the laws of 1988, is amended to read as follows: 19 § 70. Habeas corpus for child detained by parent. (a) (i) Where a 20 minor child is residing within this state, either parent may apply to 21 the supreme court for a writ of habeas corpus to have such minor child 22 brought before such court; and on the return thereof, the court, on due 23 consideration, may award the natural guardianship, charge and custody of 24 such child to either parent for such time, under such regulations and 25 restrictions, and with such provisions and directions, as the case may 26 require, and may at any time thereafter vacate or modify such order. In 27 all cases there shall be no prima facie right to the custody of the 28 child in either parent, but the court shall determine solely what is for 29 the best interest of the child, and what will best promote its welfare 30 and happiness, and make award accordingly. Where the court issues any 31 initial or successive temporary order of custody or visitation or perma- 32 nent order of custody or visitation, the court shall conduct a review of 33 the decisions and reports listed in subparagraph two of paragraph (a-1) 34 of subdivision one of section two hundred forty of this chapter, unless 35 such a review has been conducted within ninety days prior to the issu- 36 ance of such order. 37 (ii) When issuing any temporary order of custody or visitation, or 38 denying an application for a temporary order after a prompt evidentiary 39 hearing, the court shall state in writing or on the record its determi- 40 nation of whether there is a substantial risk to the child's safety, and 41 the factors, decisions and reports considered in making such findings, 42 and the reasons for any limitations or restrictions placed on a party's 43 custody, visitation or contact with such child. Any party or the attor- 44 ney for the child in a proceeding for a temporary order in which a 45 prompt evidentiary hearing has been held regarding a substantial risk to 46 the child's safety pursuant to this chapter shall have a right to appeal 47 to the appropriate appellate division, pursuant to article eleven of the 48 family court act. 49 (iii) Notwithstanding any other provision of law to the contrary, a 50 court making a final determination of custody or visitation based on the 51 best interests of a child pursuant to the provisions of this chapter 52 shall prioritize and promote the safety of such child when making such 53 determinations. Only competent, material and relevant evidence shall be 54 admitted. Promoting the safety of a child shall include efforts to 55 prevent physical or emotional harm to such child and shall be assessed 56 by considering any evidence adduced of a substantial risk to the child's
S. 5998 10 1 safety, including decisions and reports identified in subparagraph two 2 of paragraph (a-1) of subdivision one of section two hundred forty of 3 this chapter. 4 (iv) In making a decision pursuant to paragraph (i) of this subdivi- 5 sion, the court shall be bound by the presumptions and admissibility 6 described pursuant to section two hundred forty of this chapter. 7 (v) Before judges, referees and other hearing officers preside over 8 child custody proceedings in which one or more parties have alleged 9 domestic violence or child abuse, they shall complete initial training 10 for the handling of such cases as described pursuant to paragraph (a) of 11 subdivision six of section two hundred forty-e of this chapter and in 12 accordance with the rules of the chief administrator of the courts. Once 13 initial training requirements have been met, judges, referees and other 14 hearing officers shall complete additional training every two years 15 thereafter to remain eligible to preside over such proceedings as 16 described pursuant to subdivision five of section two hundred forty-e of 17 this chapter and in accordance with such rules. 18 (b) Any order under this section which applies to rights of visitation 19 with a child remanded or placed in the care of a person, official, agen- 20 cy or institution pursuant to article ten of the family court act or 21 pursuant to an instrument approved under section three hundred fifty- 22 eight-a of the social services law, shall be enforceable pursuant to the 23 provisions of part eight of article ten of such act, sections three 24 hundred fifty-eight-a and three hundred eighty-four-a of the social 25 services law and other applicable provisions of law against any person 26 or official having care and custody, or temporary care and custody, of 27 such child. 28 § 6. Subdivision (b) of section 651 of the family court act, as 29 amended by chapter 657 of the laws of 2003, is amended to read as 30 follows: 31 (b) (i) When initiated in the family court, the family court has 32 jurisdiction to determine, in accordance with subdivision one of section 33 two hundred forty of the domestic relations law and with the same powers 34 possessed by the supreme court in addition to its own powers, habeas 35 corpus proceedings and proceedings brought by petition and order to show 36 cause, for the determination of the custody or visitation of minors, 37 including applications by a grandparent or grandparents for visitation 38 or custody rights pursuant to section seventy-two or two hundred forty 39 of the domestic relations law. 40 (ii) The family court shall update its petition used by parties to 41 initiate child custody and visitation proceedings in a manner to permit 42 petitioners to specify allegations of child abuse, domestic violence, or 43 a substantial risk to a child's safety. 44 § 7. Subdivision (e) of section 651 of the family court act, as 45 amended by chapter 295 of the laws of 2009, is amended to read as 46 follows: 47 (e) 1. [Permanent and initial temporary orders of custody or visita- 48 tion. Prior to the issuance of any permanent or initial temporary order 49 of custody or visitation, the court shall conduct a review of the deci- 50 sions and reports listed in paragraph three of this subdivision.] Prompt 51 evidentiary hearing. Upon the application of a party to an action 52 concerning custody of or visitation with a child, or of an attorney for 53 the child, asserting facially credible allegations, including allega- 54 tions of domestic violence that, if true, would pose a substantial risk 55 to the safety of the child, the court shall hold a prompt evidentiary 56 hearing to determine whether temporary limitations or conditions on the
S. 5998 11 1 custody or visitation rights of the party against whom such allegations 2 have been made are necessary to avoid a substantial risk to the child's 3 safety, pursuant to paragraph (a-1) of subdivision one of section two 4 hundred forty and section two hundred forty-e of the domestic relations 5 law. When the parties first appear in court, the court shall advise the 6 parties before proceeding of the right to be represented by counsel of 7 their own choosing, of the right to have an adjournment of no longer 8 than thirty days to confer with counsel, and the right to seek counsel 9 fees and expenses, pursuant to section two hundred thirty-seven of the 10 domestic relations law. The court shall assign counsel to the eligible 11 parties and children, pursuant to article two of this chapter and subdi- 12 visions seven and eight of section thirty-five of the judiciary law. 13 2. [Successive temporary orders of custody or visitation. Prior to the 14 issuance of any successive temporary order of custody or visitation, the 15 court shall conduct a review of the decisions and reports listed in 16 paragraph three of this subdivision, unless such a review has been 17 conducted within ninety days prior to the issuance of such order. 18 3.] Decisions and reports for review. The court shall conduct a review 19 of the following: 20 (i) related decisions in court proceedings initiated pursuant to arti- 21 cle ten of this act, and all warrants issued under this act; and 22 (ii) reports of the statewide computerized registry of orders of 23 protection established and maintained pursuant to section two hundred 24 twenty-one-a of the executive law, and reports of the sex offender 25 registry established and maintained pursuant to section one hundred 26 sixty-eight-b of the correction law. 27 2-a. Evidence. The court shall also consider competent, material and 28 relevant evidence, if presented to the court, including, but not limited 29 to, the following; provided, however, that certification or authentica- 30 tion of a law enforcement record or medical record shall not be required 31 for the record, or a portion thereof, to be admitted: 32 (i) any party's history of domestic violence or child abuse, incidents 33 involving harm to a child, or a substantial risk to a child's safety; 34 (ii) police reports, including domestic violence incident reports, or 35 reports of incidents involving child abuse or domestic violence by a 36 party; and 37 (iii) evidence and prior judicial findings of incidents of child 38 abuse, domestic violence, or a substantial risk to a child's safety, 39 including but not limited to: 40 (A) an increase in frequency or severity of domestic violence; 41 (B) use or threats to use a weapon or dangerous instrument, or unlaw- 42 ful possession of firearms; 43 (C) threats to harm or kill the child, the other party, the other 44 party's children, self or others, or companion animals; 45 (D) sexual abuse or other sexual offenses against the child or other 46 party; 47 (E) unlawful dissemination or publication of an intimate image, pursu- 48 ant to section 245.15 of the penal law; 49 (F) incidents involving obstruction of breathing or strangulation; 50 (G) any party's pattern of alcohol or substance abuse that poses a 51 substantial risk to the child's safety; 52 (H) incidents of violence during pregnancy; 53 (I) incidents of stalking or cyber stalking; and 54 (J) coercive control, as defined in paragraph (b) of subdivision one 55 of section two hundred forty-e of the domestic relations law.
S. 5998 12 1 3. Appeal. In addition to the right of appeal regarding a final order, 2 any party or the attorney for the child in a proceeding for a temporary 3 order of custody or visitation pursuant to this paragraph in which a 4 prompt evidentiary hearing has been held regarding an allegation of a 5 substantial risk to the child's safety by reason of a family offense or 6 child maltreatment in an application for a permanent or temporary order 7 of custody or visitation shall have a right to appeal the granting or 8 denial of the temporary order, or the terms of such order, to the appro- 9 priate appellate division. An appeal under this subparagraph shall be 10 given a preference pursuant to subdivision (b) of rule five thousand 11 five hundred twenty-one of the civil practice law and rules. 12 A notice of appeal regarding the granting or denial of the temporary 13 order, or the terms of such order, by the supreme court under this 14 subdivision shall be filed in accordance with subdivision (a) of section 15 five thousand five hundred thirteen of the civil practice law and rules. 16 A notice of appeal regarding the granting or denial of the temporary 17 order, or the terms of such order, by a family court under this subdivi- 18 sion shall be filed no later than thirty days after the service by a 19 party or the child's attorney upon the appellant of any order from which 20 the appeal is taken or receipt of the order in court or thirty-five days 21 from mailing or electronic transmission of the order by the court, 22 whichever is earliest. 23 Pending the determination of such appeal, the appellate division in 24 which the appeal is pending may stay the order on appeal pursuant to 25 subdivision (c) of section five thousand five hundred nineteen of the 26 civil practice law and rules where such court determines that the effect 27 of the order on appeal creates a substantial risk to the safety of the 28 child and that a stay is necessary to avoid such risk. The party apply- 29 ing for the stay shall provide reasonable notice to the attorneys for 30 all parties and the attorney for the child of the time and place of such 31 application. The party applying for the stay shall state in the applica- 32 tion the errors of fact or law allegedly committed by the trial court. A 33 party applying to the appellate division for the stay shall make reason- 34 able effort to obtain a complete transcript of the proceeding before the 35 trial court in accordance with the rules of the applicable appellate 36 division. 37 4. Notifying counsel and issuing orders. Upon consideration of deci- 38 sions pursuant to article ten of this act, and registry reports and 39 notifying counsel involved in the proceeding, or in the event of a self- 40 represented party, notifying such party of the results thereof, includ- 41 ing any court appointed attorney for children, the court may issue a 42 temporary, successive temporary or final order of custody or visitation. 43 5. Temporary emergency order. Notwithstanding any other provision of 44 the law, upon emergency situations, including computer malfunctions, to 45 serve the best interest of the child, the court may issue a temporary 46 emergency order for custody or visitation in the event that it is not 47 possible to timely review decisions and reports on registries as 48 required pursuant to paragraph [three] two of this subdivision. 49 6. After issuing a temporary emergency order. After issuing a tempo- 50 rary emergency order of custody or visitation, the court shall conduct 51 reviews of the decisions and reports on registries as required pursuant 52 to paragraph [three] two of this subdivision within twenty-four hours of 53 the issuance of such temporary emergency order. Should such twenty-four 54 hour period fall on a day when court is not in session, then the 55 required reviews shall take place the next day the court is in session. 56 Upon reviewing decisions and reports the court shall notify associated
S. 5998 13 1 counsel, self-represented parties and attorneys for children pursuant to 2 paragraph four of this subdivision and may issue temporary or permanent 3 custody or visitation orders. 4 7. Expedited hearing request. Nothing in this paragraph shall be 5 construed to limit the ability of a party or the child's attorney to 6 request, or the ability of the court to hold, an expedited hearing to 7 address other urgent matters that affect the child's well-being. 8 8. Feasibility study. The commissioner of the office of children and 9 family services, in conjunction with the office of court administration, 10 is hereby authorized and directed to examine, study, evaluate and make 11 recommendations concerning the feasibility of the utilization of comput- 12 ers in family courts which are connected to the statewide central regis- 13 ter of child abuse and maltreatment established and maintained pursuant 14 to section four hundred twenty-two of the social services law, as a 15 means of providing family courts with information regarding parties 16 requesting orders of custody or visitation. Such commissioner shall make 17 a preliminary report to the governor and the legislature of findings, 18 conclusions and recommendations not later than January thirty-first, two 19 thousand nine, and a final report of findings, conclusions and recommen- 20 dations not later than June first, two thousand nine, and shall submit 21 with the reports such legislative proposals as are deemed necessary to 22 implement the commissioner's recommendations. 23 § 8. Subdivision a of section 1112 of the family court act, as amended 24 by section 28 of part A of chapter 3 of the laws of 2005, is amended to 25 read as follows: 26 a. An appeal may be taken as of right from any order of disposition 27 and, in the discretion of the appropriate appellate division, from any 28 other order under this act. An appeal may be taken as of right to the 29 appropriate appellate division of the supreme court from an intermediate 30 or final order in a case involving abuse or neglect [may be taken as of 31 right to the appellate division of the supreme court] under article ten 32 of this act or from an order of the court after a prompt evidentiary 33 hearing under section six hundred fifty-one of this act or section 34 seventy or two hundred forty of the domestic relations law determining 35 an allegation of a substantial risk to the child's safety and granting 36 or denying a temporary emergency order of custody or visitation. (i) 37 Pending the determination of such appeal, such order shall be stayed 38 where the effect of [such] the order on appeal would be to discharge the 39 child[, if the family court or the court before which such appeal is 40 pending finds that such a stay is necessary to avoid imminent risk to 41 the child's life or health] in a case alleging abuse or neglect pursuant 42 to article ten of this act. In an appeal from an order in a custody or 43 visitation proceeding under article six of this act or section seventy 44 or two hundred forty of the domestic relations law that was issued upon 45 a prompt evidentiary hearing regarding an allegation of a substantial 46 risk to a child's safety, the court before which the appeal is taken may 47 stay the order on appeal where the order would cause a substantial risk 48 to the child's safety during the pendency of the appeal and where such 49 court finds that a stay is necessary to avoid such risk. (ii) A prefer- 50 ence in accordance with rule five thousand five hundred twenty-one of 51 the civil practice law and rules shall be afforded, without the necessi- 52 ty of a motion, for appeals under article three; parts one and two of 53 article six; articles seven, ten, and ten-A of this act; and sections 54 three hundred fifty-eight-a, three hundred eighty-three-c, three hundred 55 eighty-four, and three hundred eighty-four-b of the social services law 56 and appeals from orders issued under part three of article six of this
S. 5998 14 1 act or section seventy or two hundred forty of the domestic relations 2 law upon a prompt evidentiary hearing regarding a facially credible 3 allegation of a substantial risk to the child's safety. 4 § 9. Subdivision (d) of section 1114 of the family court act, as 5 amended by chapter 41 of the laws of 2010, is amended to read as 6 follows: 7 (d) Any party to a child protective proceeding, or the attorney for 8 the child, may apply to a justice of the appellate division for a stay 9 of an order issued pursuant to part two of article ten of this chapter 10 returning a child to the custody of a respondent. Such an application 11 may also be made in accordance with section one thousand one hundred 12 twelve of this act or subdivision (c) of section five thousand five 13 hundred nineteen of the civil practice law and rules to stay a court 14 order of custody or visitation pursuant to this act or the domestic 15 relations law where the order on appeal would cause a substantial risk 16 to the child's safety and where the court before which such appeal is 17 pending finds that such a stay is necessary to avoid such risk. The 18 party applying for the stay shall notify the attorneys for all parties 19 and the attorney for the child of the time and place of such applica- 20 tion. [If] In an appeal from an order of abuse of neglect pursuant to 21 article ten of this act, if requested by any party present, oral argu- 22 ment shall be had on the application, except for good cause stated upon 23 the record. [The] In all applications for stays under this subdivision, 24 the party applying for the stay shall state in the application the 25 errors of fact or law allegedly committed by the [family] trial court. A 26 party applying to the [court] appellate division for the granting or 27 continuation of such stay shall make [every] reasonable effort to obtain 28 a complete transcript of the proceeding before the [family] trial court 29 in accordance with the rules of the applicable appellate division. 30 If a stay is granted, a schedule shall be set for an expedited appeal. 31 § 10. Subdivision (a) of section 249 of the family court act, as 32 amended by chapter 3 of the laws of 2012, is amended to read as follows: 33 (a) In a proceeding under article three, seven, ten, ten-A or ten-C of 34 this act or where a revocation of an adoption consent is opposed under 35 section one hundred fifteen-b of the domestic relations law or in any 36 proceeding under section three hundred fifty-eight-a, three hundred 37 eighty-three-c, three hundred eighty-four or three hundred eighty-four-b 38 of the social services law or when a minor is sought to be placed in 39 protective custody under section one hundred fifty-eight of this act or 40 in any proceeding where a minor is detained under or governed by the 41 interstate compact for juveniles established pursuant to section five 42 hundred one-e of the executive law, the family court shall appoint an 43 attorney to represent a minor who is the subject of the proceeding or 44 who is sought to be placed in protective custody, if independent legal 45 representation is not available to such minor. In any proceeding to 46 extend or continue the placement of a juvenile delinquent or person in 47 need of supervision pursuant to section seven hundred fifty-six or 353.3 48 of this act or any proceeding to extend or continue a commitment to the 49 custody of the commissioner of mental health or the commissioner of 50 people with developmental disabilities pursuant to section 322.2 of this 51 act, the court shall not permit the respondent to waive the right to be 52 represented by counsel chosen by the respondent, respondent's parent, or 53 other person legally responsible for the respondent's care, or by 54 assigned counsel. In any proceeding under article ten-B of this act, the 55 family court shall appoint an attorney to represent a youth, under the 56 age of twenty-one, who is the subject of the proceeding, if independent
S. 5998 15 1 legal representation is not available to such youth. In any proceeding 2 under article six of this act, the court shall appoint an attorney to 3 represent the child when facially credible allegations of substantial 4 risk to the child's safety have been made. In any other proceeding in 5 which the court has jurisdiction, including all proceedings under arti- 6 cle six of this act, the court may appoint an attorney to represent the 7 child, when, in the opinion of the family court judge, such represen- 8 tation will serve the purposes of this act, if independent legal counsel 9 is not available to the child. The family court on its own motion may 10 make such appointment. 11 § 11. Subdivision (a) of section 249 of the family court act, as 12 amended by chapter 672 of the laws of 2019, is amended to read as 13 follows: 14 (a) In a proceeding under article three, seven, ten, ten-A or ten-C of 15 this act or where a revocation of an adoption consent is opposed under 16 section one hundred fifteen-b of the domestic relations law or in any 17 proceeding under section three hundred fifty-eight-a, three hundred 18 eighty-three-c, three hundred eighty-four or three hundred eighty-four-b 19 of the social services law or when a minor is sought to be placed in 20 protective custody under section one hundred fifty-eight of this act, 21 the family court shall appoint an attorney to represent a minor who is 22 the subject of the proceeding or who is sought to be placed in protec- 23 tive custody, if independent legal representation is not available to 24 such minor. In any proceeding to extend or continue the placement of a 25 juvenile delinquent or person in need of supervision pursuant to section 26 seven hundred fifty-six or 353.3 of this act or any proceeding to extend 27 or continue a commitment to the custody of the commissioner of mental 28 health or the commissioner of the office for people with developmental 29 disabilities pursuant to section 322.2 of this act, the court shall not 30 permit the respondent to waive the right to be represented by counsel 31 chosen by the respondent, respondent's parent, or other person legally 32 responsible for the respondent's care, or by assigned counsel. In any 33 proceeding under article ten-B of this act, the family court shall 34 appoint an attorney to represent a youth, under the age of twenty-one, 35 who is the subject of the proceeding, if independent legal represen- 36 tation is not available to such youth. In any proceeding under article 37 six of this act, the court shall appoint an attorney to represent the 38 child when facially credible allegations of substantial risk to the 39 child's safety have been made. In any other proceeding in which the 40 court has jurisdiction, including all proceedings under article six of 41 this act, the court may appoint an attorney to represent the child, 42 when, in the opinion of the family court judge, such representation will 43 serve the purposes of this act, if independent legal counsel is not 44 available to the child. The family court on its own motion may make such 45 appointment. 46 § 12. Subdivision (b) of rule 5521 of the civil practice law and 47 rules, as amended by chapter 707 of the laws of 2019, is amended to read 48 as follows: 49 (b) Consistent with the provisions of section one thousand one hundred 50 twelve of the family court act, appeals from orders, judgments or 51 decrees in proceedings brought pursuant to articles three, seven, ten 52 and ten-A and parts one and two of article six of the family court act, 53 and pursuant to sections three hundred fifty-eight-a, three hundred 54 eighty-three-c, three hundred eighty-four, and three hundred eighty- 55 four-b of the social services law, and pursuant to paragraph (d) of 56 subdivision four and subparagraph (ii) of paragraph (d) of subdivision
S. 5998 16 1 five of section eighty-nine of the public officers law, and appeals from 2 orders issued under part three of article six of the family court act or 3 section seventy or two hundred forty of the domestic relations law upon 4 a prompt evidentiary hearing regarding a facially credible allegation of 5 a substantial risk to a child's safety shall be given preference and may 6 be brought on for argument on such terms and conditions as the court may 7 direct without the necessity of a motion. 8 § 13. This act shall take effect on the two hundred seventieth day 9 after it shall have become a law; provided, however, that the amendments 10 to subdivision (a) of section 249 of the family court act made by 11 section ten of this act shall be subject to the expiration and reversion 12 of such subdivision pursuant to section 8 of chapter 29 of the laws of 13 2011, as amended, when upon such date the provisions of section eleven 14 of this act shall take effect. Effective immediately, the addition, 15 amendment and/or repeal of any rule or regulation necessary for the 16 implementation of this act on its effective date are authorized to be 17 made and completed on or before such effective date.