S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6457

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              April 1, 2013
                               ___________

Introduced by M. of A. KOLB, CROUCH, FINCH, MONTESANO -- Multi-Sponsored
  by  --  M. of A.   GIGLIO, HAWLEY, JORDAN -- read once and referred to
  the Committee on Judiciary

AN ACT to amend the domestic relations law, in relation to  establishing
  a  presumption  of  shared  parenting of minor children in matrimonial
  proceedings; to amend the domestic relations law, the social  services
  law  and  the family court act, in relation to changing the denotation
  of visitation to parenting time; to amend the domestic relations  law,
  in  relation to matrimonial actions involving custody of children; and
  in relation to the obligations of child support; to amend  the  social
  services  law,  in  relation  to  audits  of support collection fiscal
  agents; to amend the family court act,  in  relation  to  opening  all
  family court proceedings to the public; to amend the family court act,
  in  relation to the review of evidence; to amend the family court act,
  in relation to DNA evidence when question of paternity; to  amend  the
  domestic relations law, in relation to parental access to information;
  and  to  amend  the  family  court act and the social services law, in
  relation to the payment of child support

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.    Legislative findings and intent. The legislature hereby
finds that, in cases of child custody, the court's paramount concern  is
always  the  best  interests  of the child. Shared parenting, where both
parents share as equally as possible in the legal responsibility, living
experience, and physical care of the child, has been found to be in  the
child's  best interests in certain circumstances. Where the relationship
between the parent and child is  free  from  domestic  violence,  abuse,
neglect  and other harmful circumstances, shared parenting is beneficial
to both parent and child. This legislation seeks to encourage courts and
interested parties to work towards the goal of shared parenting whenever
practical and when in the best interests of the child.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09120-02-3
              

A. 6457                             2

  S 2. Short title. This act shall be known and  may  be  cited  as  the
"family court reform act of 2013".
  S  3.  The  domestic  relations law is amended by adding a new section
240-d to read as follows:
  S 240-D. CUSTODY OF CHILDREN. 1.  WHERE THE COURT  CONSIDERS  AWARDING
SHARED  PARENTING  PURSUANT  TO  THE  PROVISIONS OF THIS SECTION "SHARED
PARENTING" SHALL MEAN AN ORDER AWARDING CUSTODY OF  THE  CHILD  TO  BOTH
PARTIES  SO THAT BOTH PARTIES SHARE EQUALLY THE LEGAL RESPONSIBILITY AND
CONTROL OF SUCH CHILD AND SHARE EQUALLY THE LIVING  EXPERIENCE  IN  TIME
AND  PHYSICAL  CARE  TO ASSURE FREQUENT AND CONTINUING CONTACT WITH BOTH
PARTIES, AS THE COURT DEEMS TO BE IN THE BEST INTERESTS  OF  THE  CHILD,
TAKING  INTO CONSIDERATION THE LOCATION AND CIRCUMSTANCES OF EACH PARTY.
THE TERM "SHARED PARENTING"  WILL  BE  CONSIDERED  INTERCHANGEABLE  WITH
"NEARLY  EQUAL  SHARED  PARENTING". AN AWARD OF JOINT PHYSICAL AND LEGAL
CUSTODY OBLIGATES THE PARTIES TO  EXCHANGE  INFORMATION  CONCERNING  THE
HEALTH,  EDUCATION AND WELFARE OF THE MINOR CHILD, AND UNLESS ALLOCATED,
APPORTIONED, OR DECREED, THE PARENTS OR PARTIES SHALL  CONFER  WITH  ONE
ANOTHER  IN THE EXERCISE OF DECISION-MAKING RIGHTS, RESPONSIBILITIES AND
AUTHORITY.
  1-A. (A) UPON THE  INITIAL  APPEARANCE  IN  COURT  IN  AN  ACTION  FOR
DIVORCE,  NULLITY  OR  SEPARATE MAINTENANCE WHERE CUSTODY, VISITATION OR
SUPPORT OF A MINOR CHILD IS AT ISSUE, AND WHERE BOTH  PARTIES  AGREE  TO
SHARED  PARENTING, THE COURT SHALL APPOINT AN INDEPENDENT EVALUATOR WITH
EXPERTISE IN THE FIELD, INCLUDING BUT NOT LIMITED TO, CHILD  PSYCHOLOGY,
DOMESTIC  VIOLENCE  COUNSELING,  ETC., TO INVESTIGATE THE FAMILY DYNAMIC
AND INTERVIEW  THE  PARENTS,  CHILDREN  AND  OTHER  INTERESTED  PARTIES,
INCLUDING  BUT  NOT  LIMITED TO, FAMILY MEMBERS, FRIENDS AND CO-WORKERS.
THE INDEPENDENT EVALUATOR'S GOAL IS TO DETERMINE WHETHER SHARED  PARENT-
ING  IS  IN  THE BEST INTERESTS OF THE CHILD AND TO ENSURE THAT DOMESTIC
VIOLENCE AND/OR ANY OTHER TYPE OF ABUSE, REPORTED OR UNREPORTED  BY  THE
VICTIM  OR  BY AN APPROPRIATE FEDERAL, STATE OR MUNICIPAL AGENCY, IS NOT
PRESENT IN THE HOUSEHOLD SETTING. THE COURT SHALL UTILIZE THE  INDEPEND-
ENT  EVALUATOR'S  ANALYSIS AND REPORT, ALONG WITH OTHER SUPPORTING DOCU-
MENTS PROVIDED BY THE PARTIES, TO DETERMINE THE BEST  INTERESTS  OF  THE
CHILD AND TO AWARD CUSTODY BASED ON THAT DETERMINATION.
  (B)  THE  COURT  SHALL  DETERMINE EACH PARTY'S ABILITY TO PAY THE COST
RELATED TO THE EVALUATION. ANY COST ABOVE AND BEYOND THE PARENTS' ABILI-
TY TO PAY SHALL BE INCURRED BY THE COUNTY.
  (C) IF EITHER PARENT HAS BEEN CONVICTED OF ABUSE,  INCLUDING  BUT  NOT
LIMITED  TO, DOMESTIC VIOLENCE AND SEXUAL ABUSE AGAINST EITHER THE OTHER
PARENT AND/OR THE CHILD, SHARED  PARENTING  SHALL  NOT  BE  A  CUSTODIAL
OPTION.  IF EITHER PARENT ACCUSES THE OTHER PARENT OF DOMESTIC VIOLENCE,
SEXUAL ABUSE, ETC., AGAINST HIM OR HERSELF, AND/OR THE CHILD, THE  COURT
SHALL SUSPEND ITS DETERMINATION AS TO WHETHER OR NOT SHARED PARENTING IS
IN THE BEST INTERESTS OF THE CHILD, UNTIL THE ACCUSATION HAS BEEN INVES-
TIGATED  AND  A DETERMINATION HAS BEEN MADE BY LAW ENFORCEMENT OR APPRO-
PRIATE FEDERAL, STATE OR MUNICIPAL AGENCIES. IF SUCH AGENCIES  DETERMINE
THAT  THE  ABUSE  OCCURRED,  SHARED  PARENTING  SHALL NOT BE A CUSTODIAL
OPTION. IF SUCH AGENCY FINDS THAT ABUSE WAS NOT PRESENT, THE COURT SHALL
RESUME ITS DETERMINATION AS TO WHETHER OR NOT SHARED PARENTING IS IN THE
BEST INTERESTS OF THE CHILD. SHOULD SUCH ALLEGATIONS BE PROVEN FALSE AND
THE COURT DETERMINED UPON MOTION BY THE ACCUSED PARTY THAT SUCH  ALLEGA-
TIONS  WERE  MADE MALICIOUSLY AND IN BAD FAITH, THE COURT SHALL HAVE THE
AUTHORITY TO SANCTION THE ACCUSING PARTY PURSUANT TO THE POWERS  GRANTED
TO THE COURT PURSUANT TO SECTION TWO HUNDRED FORTY OF THIS ARTICLE.

A. 6457                             3

  2.  FOR  THE  PURPOSES  OF  THIS  ARTICLE  A "PARENTING PLAN" SHALL BE
REQUIRED TO BE SUBMITTED TO THE COURT IF THE COURT AWARDS SHARED PARENT-
ING.
  EACH  PARENT  MUST  AGREE  TO  A PARENTING PLAN DURING MEDIATION.  THE
PARENTING PLAN WOULD PROVIDE FOR THE  MINOR  CHILDREN'S  PHYSICAL  CARE,
MAINTAIN  THE  MINOR CHILDREN'S EMOTIONAL STABILITY, AND PROVIDE FOR THE
MINOR CHILDREN'S CHANGING NEEDS AS HE OR SHE DEVELOPS, IN A MANNER WHICH
MINIMIZES THE NEED FOR FUTURE MODIFICATIONS TO  THE  PLAN.  THE  PARTIES
WOULD  BE ENCOURAGED TO FULFILL THEIR PARENTING RESPONSIBILITIES THROUGH
AGREEMENTS IN THE PARENTING PLAN RATHER  THAN  BY  RELYING  ON  JUDICIAL
INTERVENTION.
  THE  PLAN  SHALL  DETERMINE  PROCEDURES FOR THE DAY TO DAY CARE OF THE
MINOR CHILD AND PROCEDURES FOR TRANSPORTING THE  MINOR  CHILD  FROM  ONE
PARENT  TO  THE  OTHER  PARENT  AT THE START AND CONCLUSION OF PARENTING
TIME. THE PLAN SHALL INCLUDE TIME SPENT WITH EACH  PARENT  ON  A  WEEKLY
BASIS,  SPECIAL  OCCASIONS,  INCLUDING  BIRTHDAYS, RELIGIOUS AND SECULAR
HOLIDAYS AND VACATIONS. THE PLAN SHALL ALSO SPECIFY HOW MAJOR  DECISIONS
REGARDING  THE  MINOR  CHILD'S  HEALTH  CARE,  EDUCATION,  AND RELIGIOUS
UPBRINGING WILL BE MADE.   THOSE ITEMS THAT REMAIN  UNRESOLVED  WILL  GO
BEFORE  THE  JUDGE  FOR DETERMINATION. THE JUDGE SHALL RELY, IN PART, ON
THE TESTIMONY OF THE  MEDIATION  COUNSELOR  IN  ALL  UNRESOLVED  ISSUES.
OTHER  ISSUES, INCLUDING BUT NOT LIMITED TO PROPERTY DIVISION, FINANCIAL
ISSUES AND CHILD SUPPORT SHALL NOT BE ADDRESSED IN THIS PLAN.
  THE COURT SHALL HAVE FINAL APPROVAL OVER SUCH  PLAN  AND  MAY  MODIFY,
SUSPEND  OR NULLIFY THE PLAN AT ITS DISCRETION. THE COURT SHALL HAVE ONE
YEAR TO REVIEW THE PARENTING PLAN TO  DETERMINE  WHETHER  SUCH  PLAN  IS
BEING  FOLLOWED  AND CONTINUES TO BE IN THE BEST INTERESTS OF THE CHILD.
AT SUCH TIME, THE COURT SHALL RETAIN THE POWER  TO  MODIFY,  SUSPEND  OR
NULLIFY THE PLAN BASED ON ITS FINDINGS.
  S  4.  The  domestic  relations law is amended by adding a new section
240-e to read as follows:
  S 240-E. PARTIES IN DISAGREEMENT OVER  SHARED  PARENTING.  1.  IF  THE
PARTIES ARE SEEKING A CUSTODY ARRANGEMENT OTHER THAN SHARED PARENTING OR
WHERE ONE PARENT OBJECTS TO AN AWARD OF SHARED PARENTING, THE COURT MUST
DETERMINE  WHAT  CUSTODY  ARRANGEMENT  IS  IN  THE BEST INTERESTS OF THE
CHILD. IF ONE PARTY IS SEEKING SHARED PARENTING AND THE OTHER  PARTY  IS
SEEKING  SOLE  CUSTODY, BOTH PARTIES SHALL BEAR THE BURDEN OF PROOF THAT
THEIR REQUESTED ARRANGEMENT IS  IN  THE  BEST  INTERESTS  OF  THE  CHILD
THROUGH  THE INTRODUCTION OF TESTIMONY AND SUPPORTING DOCUMENTS, ETC. TO
THE COURT.
  2. THE COURT SHALL DETERMINE EACH PARTY'S  ABILITY  TO  PAY  THE  COST
RELATED TO THE EVALUATION.  ANY COST ABOVE AND BEYOND THE PARENTS' ABIL-
ITY TO PAY SHALL BE INCURRED BY THE COUNTY.
  3. THE COURT SHALL APPOINT AN INDEPENDENT EVALUATOR WITH EXPERTISE IN,
BUT NOT LIMITED TO, CHILD PSYCHOLOGY, DOMESTIC VIOLENCE COUNSELING, ETC.
TO  INVESTIGATE  THE  FAMILY DYNAMIC AND INTERVIEW THE PARENTS, CHILDREN
AND OTHER INTERESTED PARTIES,  INCLUDING  BUT  NOT  LIMITED  TO,  FAMILY
MEMBERS,  FRIENDS AND CO-WORKERS. THE INDEPENDENT EVALUATOR'S GOAL IS TO
DETERMINE WHAT CUSTODY ARRANGEMENT IS IN THE BEST INTERESTS OF THE CHILD
AND TO ENSURE THAT DOMESTIC VIOLENCE AND/OR ANY  OTHER  TYPE  OF  ABUSE,
REPORTED OR UNREPORTED BY THE VICTIM OR BY AN APPROPRIATE FEDERAL, STATE
OR  MUNICIPAL AGENCY, IS NOT PRESENT IN THE HOUSEHOLD SETTING. THE COURT
SHALL UTILIZE THE INDEPENDENT EVALUATOR'S  ANALYSIS  AND  REPORT,  ALONG
WITH  OTHER  SUPPORTING  DOCUMENTS PROVIDED BY THE PARTIES, TO DETERMINE
THE BEST INTERESTS OF THE CHILD AND  TO  AWARD  CUSTODY  BASED  ON  THAT
DETERMINATION. IF ONE PARTY SOUGHT SHARED PARENTING, AND THE COURT FOUND

A. 6457                             4

THAT  SUCH AN AWARD WOULD NOT BE IN THE BEST INTERESTS OF THE CHILD, THE
COURT MUST STATE ITS REASONING BEHIND SUCH DETERMINATION  IN  THE  ORDER
SETTING OUT THE CUSTODY AWARD.
  4.  THE  COURT,  IN ITS DISCRETION, MAY REQUIRE THE PARENT WHO WAS NOT
AWARDED SHARED PARENTING TO FULFILL CERTAIN  CONDITIONS,  INCLUDING  BUT
NOT  LIMITED TO, PARENTING CLASSES, GENERAL COUNSELING, ANGER MANAGEMENT
CLASSES, AND SUBSTANCE ABUSE COUNSELING, AND SHALL LIST SUCH  CONDITIONS
ON THE CUSTODY ORDER.
  5.  UPON  THE NON-CUSTODIAL PARENT'S MOTION, THE COURT SHALL, ONE YEAR
FOLLOWING THE INITIAL AWARD OF CUSTODY, REVISIT ITS FINDINGS AND MAKE  A
SUBSEQUENT  DETERMINATION WHETHER OR NOT SHARED PARENTING IS IN THE BEST
INTERESTS OF THE CHILD. SUCH REVIEW IS CONTINGENT ON  THE  NON-CUSTODIAL
PARENT'S COMPLETION OF THE CONDITIONS SET FORTH IN THE CUSTODY ORDER.
  S  5.  Subdivision (b) of section 70 of the domestic relations law, as
added by chapter 457 of the laws of 1988, is amended to read as follows:
  (b) Any order under this section which applies to rights of visitation
OR PARENTING TIME with a child remanded or  placed  in  the  care  of  a
person,  official,  agency or institution pursuant to article ten of the
family court act or pursuant to an  instrument  approved  under  section
three  hundred  fifty-eight-a  of  the  social  services  law,  shall be
enforceable pursuant to the provisions of part eight of article  ten  of
[such]  THE  FAMILY  COURT act, sections three hundred fifty-eight-a and
three hundred eighty-four-a of the social services law and other  appli-
cable  provisions  of law against any person or official having care and
custody, or temporary care and custody, of such child.
  S 6. Subdivision 1 of section 235 of the domestic  relations  law,  as
amended  by  chapter  122  of  the  laws  of 1979, is amended to read as
follows:
  1. An officer of the court with whom the proceedings in a  matrimonial
action  or  a written agreement of separation or an action or proceeding
for custody, visitation, PARENTING TIME or maintenance of  a  child  are
filed,  or  before  whom  the  testimony  is taken, or his clerk, either
before or after the termination of the suit, shall not permit a copy  of
any  of the pleadings, affidavits, findings of fact, conclusions of law,
judgment of dissolution, written agreement of separation  or  memorandum
thereof,  or  testimony,  or  any  examination or perusal thereof, to be
taken by any other person than a party, or the attorney or counsel of  a
party, except by order of the court.
  S  7. Subdivision (b) of section 237 of the domestic relations law, as
amended by chapter 329 of the laws  of  2010,  is  amended  to  read  as
follows:
  (b) Upon any application to enforce, annul or modify an order or judg-
ment for alimony, maintenance, distributive award, distribution of mari-
tal property or for custody, [visitation] PARENTING TIME, or maintenance
of  a  child,  made  as in section two hundred thirty-six or section two
hundred forty of this article provided, or upon any application by  writ
of  habeas  corpus  or  by  petition  and order to show cause concerning
custody, [visitation] PARENTING TIME or  maintenance  of  a  child,  the
court  may  direct  a  spouse or parent to pay counsel fees and fees and
expenses of experts directly to the attorney  of  the  other  spouse  or
parent  to  enable the other party to carry on or defend the application
or proceeding  by  the  other  spouse  or  parent  as,  in  the  court's
discretion,  justice requires, having regard to the circumstances of the
case and of the respective parties. There shall be a rebuttable presump-
tion that counsel fees shall be awarded to the less  monied  spouse.  In
exercising  the  court's discretion, the court shall seek to assure that

A. 6457                             5

each party shall be adequately  represented  and  that  where  fees  and
expenses  are  to  be  awarded, they shall be awarded on a timely basis,
pendente  lite,  so  as  to  enable  adequate  representation  from  the
commencement  of  the proceeding. Applications for the award of fees and
expenses may be made at any time or times prior to final judgment.  Both
parties  to  the  action  or  proceeding and their respective attorneys,
shall file an affidavit with the court detailing  the  financial  agree-
ment,  between  the party and the attorney. Such affidavit shall include
the amount of any retainer, the amounts paid and still owing thereunder,
the hourly amount charged by the attorney, the amounts paid,  or  to  be
paid,  any experts, and any additional costs, disbursements or expenses.
Any applications for fees and expenses may be maintained by the attorney
for either spouse in counsel's own name in the same proceeding.  Payment
of any retainer fees to the attorney for the petitioning party shall not
preclude  any  awards  of  fees and expenses to an applicant which would
otherwise be allowed under this section.
  S 8. Subdivisions 1 and 1-a of section 240 of the  domestic  relations
law,  subdivision 1 as amended by chapter 624 of the laws of 2002, para-
graph (a) of subdivision 1 as amended by chapter  476  of  the  laws  of
2009,  paragraph (a-1) of subdivision 1 as amended by chapter 295 of the
laws of 2009, paragraph (a-2) of subdivision 1 as added by  chapter  473
of  the  laws of 2009, subparagraph 3 of paragraph (b) and paragraph (d)
of subdivision 1 as added and clause (iii) of subparagraph  2  of  para-
graph  (c)  of  subdivision  1  as amended by chapter 215 of the laws of
2009, and subdivision 1-a as amended by chapter 12 of the laws of  1996,
are amended to read as follows:
  1.  (a) In any action or proceeding brought (1) to annul a marriage or
to declare the nullity of a void marriage, or (2) for a  separation,  or
(3)  for  a  divorce, or (4) to obtain, by a writ of habeas corpus or by
petition and order to show cause, the custody of or  right  to  [visita-
tion]  PARENTING  TIME  with  any  child  of a marriage, the court shall
require verification of the status of any child  of  the  marriage  with
respect to such child's custody and support, including any prior orders,
and  shall  enter  orders  for  custody  and  support as, in the court's
discretion, justice requires, having regard to the circumstances of  the
case  and  of  the  respective  parties and to the best interests of the
child and subject  to  the  provisions  of  subdivision  one-c  of  this
section.  Where  either  party  to  an action concerning custody of or a
right to [visitation] PARENTING TIME with a child  alleges  in  a  sworn
petition  or  complaint or sworn answer, cross-petition, counterclaim or
other sworn responsive pleading that the other party  has  committed  an
act  of  domestic  violence against the party making the allegation or a
family or household member of either party, as such family or  household
member  is  defined  in  article eight of the family court act, and such
allegations are proven by a preponderance of  the  evidence,  the  court
must  consider the effect of such domestic violence upon the best inter-
ests of the child, together with such other facts and  circumstances  as
the  court deems relevant in making a direction pursuant to this section
and state on the record  how  such  findings,  facts  and  circumstances
factored into the direction.  HOWEVER, SHOULD SUCH ALLEGATIONS BE PROVEN
FALSE,  THE  COURT SHALL HAVE WITHIN ITS POWER THE AUTHORITY TO SANCTION
THE ACCUSING PARTY. THE SUBJECT OF AN UNFOUNDED REPORT OF DOMESTIC ABUSE
WHO BELIEVES THE REPORT WAS MADE MALICIOUSLY AND IN BAD FAITH MAY  PRES-
ENT A WRITTEN REQUEST TO THE COURT FOR A DETERMINATION THAT THE REPORTER
ACTED  MALICIOUSLY  OR  IN BAD FAITH AND MUST BE SANCTIONED. If a parent
makes a good faith allegation based on a reasonable belief supported  by

A. 6457                             6

facts that the child is the victim of child abuse, child neglect, or the
effects  of  domestic  violence, and if that parent acts lawfully and in
good faith in response to that reasonable belief to protect the child or
seek  treatment for the child, then that parent shall not be deprived of
custody, [visitation] PARENTING TIME  or  contact  with  the  child,  or
restricted  in  custody,  [visitation]  PARENTING TIME or contact, based
solely on that belief or the reasonable  actions  taken  based  on  that
belief.  If  an  allegation  that  a  child  is abused is supported by a
preponderance of the  evidence,  then  the  court  shall  consider  such
evidence  of  abuse  in  determining  the  [visitation]  PARENTING  TIME
arrangement that is in the best interest of the  child,  and  the  court
shall  not  place  a  child  in  the  custody of a parent who presents a
substantial risk of harm to that child, and shall state  on  the  record
how such findings were factored into the determination. An order direct-
ing  the  payment  of  child  support  shall contain the social security
numbers of the named parties. [In all cases  there  shall  be  no  prima
facie  right  to  the custody of the child in either parent. Such direc-
tion] BEFORE THE COURT MAKES ANY ORDER AWARDING CUSTODY TO A  PERSON  OR
PERSONS  OTHER  THAN  A  PARENT WITHOUT CONSENT OF THE PARENTS, IT SHALL
MAKE A FINDING THAT AN AWARD OF CUSTODY TO A PARENT WOULD BE DETRIMENTAL
TO THE CHILD AND THE AWARD TO THE NONPARENT IS  REQUIRED  TO  SERVE  THE
BEST  INTERESTS OF THE CHILD. ALLEGATIONS THAT PARENTAL CUSTODY WOULD BE
DETRIMENTAL TO THE CHILD, OTHER THAN A STATEMENT OF THE  ULTIMATE  FACT,
SHALL  NOT  APPEAR  IN  THE PLEADINGS. THE COURT MAY, IN ITS DISCRETION,
EXCLUDE THE PUBLIC FOR THE HEARING ON THIS ISSUE. THE COURT SHALL  STATE
IN WRITING THE REASONS FOR ITS DECISION AND WHY THE AWARD MADE WAS FOUND
TO  BE IN THE BEST INTEREST OF THE CHILD. ANY DIRECTION MADE PURSUANT TO
THIS SUBDIVISION shall make provision for child support out of the prop-
erty of [either or] both parents. The court shall  make  its  award  for
child support pursuant to subdivision one-b of this section. Such direc-
tion may provide for reasonable visitation rights to the maternal and/or
paternal  grandparents of any child of the parties. Such direction as it
applies to rights of visitation OR PARENTING TIME with a child  remanded
or  placed  in  the  care  of  a person, official, agency or institution
pursuant to article ten of the family  court  act,  or  pursuant  to  an
instrument  approved  under  section  three hundred fifty-eight-a of the
social services law, shall be enforceable  pursuant  to  part  eight  of
article  ten  of  the family court act and sections three hundred fifty-
eight-a and three hundred eighty-four-a of the social services  law  and
other  applicable  provisions  of law against any person having care and
custody, or temporary care and custody, of  the  child.  Notwithstanding
any  other  provision  of  law, any written application or motion to the
court for the establishment, modification  or  enforcement  of  a  child
support  obligation  for persons not in receipt of public assistance and
care must  contain  either  a  request  for  child  support  enforcement
services  which would authorize the collection of the support obligation
by the immediate issuance of an income execution for support enforcement
as provided for by this chapter, completed in the  manner  specified  in
section  one hundred eleven-g of the social services law; or a statement
that the applicant has applied for or is in receipt of such services; or
a statement that  the  applicant  knows  of  the  availability  of  such
services,  has  declined them at this time and where support enforcement
services pursuant to section one hundred eleven-g of the social services
law have been declined that the applicant  understands  that  an  income
deduction  order  may  be  issued pursuant to subdivision (c) of section
fifty-two hundred forty-two of the civil practice law and rules  without

A. 6457                             7

other child support enforcement services and that payment of an adminis-
trative  fee may be required. The court shall provide a copy of any such
request for child support enforcement services to the support collection
unit  of  the  appropriate  social services district any time it directs
payments to be made to such support collection unit.  Additionally,  the
copy  of  any such request shall be accompanied by the name, address and
social security number of  the  parties;  the  date  and  place  of  the
parties'  marriage; the name and date of birth of the child or children;
and the name and address of the employers and income payors of the party
from whom child support is sought or from the party ordered to pay child
support to the other party. Such direction may require the payment of  a
sum or sums of money either directly to the custodial parent or to third
persons  for  goods  or  services  furnished for such child, or for both
payments to the custodial parent and to such  third  persons;  provided,
however,  that  unless  the party seeking or receiving child support has
applied for or is receiving such services, the court  shall  not  direct
such  payments to be made to the support collection unit, as established
in section one hundred eleven-h of the social services law. Every  order
directing  the  payment  of  support shall require that if either parent
currently, or at any time in the future, has health  insurance  benefits
available  that  may  be  extended  or obtained to cover the child, such
parent is required to exercise the  option  of  additional  coverage  in
favor  of  such  child and execute and deliver to such person any forms,
notices, documents or instruments necessary to assure timely payment  of
any health insurance claims for such child.
  (a-1)(1) Permanent and initial temporary orders of custody or [visita-
tion] PARENTING TIME.  Prior to the issuance of any permanent or initial
temporary  order  of  custody  or [visitation] PARENTING TIME, the court
shall conduct a review of the decisions and reports listed  in  subpara-
graph three of this paragraph.
  (2)  Successive  temporary orders of custody or [visitation] PARENTING
TIME. Prior to the issuance of any successive temporary order of custody
or [visitation] PARENTING TIME, the court shall conduct a review of  the
decisions  and  reports  listed in subparagraph three of this paragraph,
unless such a review has been conducted within ninety days prior to  the
issuance of such order.
  (3) Decisions and reports for review. The court shall conduct a review
of the following:
  (i) related decisions in court proceedings initiated pursuant to arti-
cle ten of the family court act, and all warrants issued under the fami-
ly court act; and
  (ii)  reports  of  the  statewide  computerized  registry of orders of
protection established and maintained pursuant to  section  two  hundred
twenty-one-a  of  the  executive  law,  and  reports of the sex offender
registry established and maintained  pursuant  to  section  one  hundred
sixty-eight-b of the correction law.
  (4)  Notifying counsel and issuing orders. Upon consideration of deci-
sions pursuant to article ten of the  family  court  act,  and  registry
reports  and  notifying  counsel  involved  in the proceeding, or in the
event of a self-represented 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] PARENTING TIME.
  (5) Temporary emergency order. Notwithstanding any other provision  of
the  law, upon emergency situations, including computer malfunctions, to
serve the best interest of the child, the court may  issue  a  temporary

A. 6457                             8

emergency  order for custody or [visitation] PARENTING TIME in the event
that it is not possible to timely review decisions and reports on regis-
tries as required pursuant to subparagraph three of this paragraph.
  (6)  After issuing a temporary emergency order. After issuing a tempo-
rary emergency order of custody  or  [visitation]  PARENTING  TIME,  the
court  shall  conduct reviews of the decisions and reports on registries
as required pursuant to subparagraph  three  of  this  paragraph  within
twenty-four  hours  of  the  issuance of such temporary emergency order.
Should such twenty-four hour period fall on a day when court is  not  in
session,  then  the  required  reviews shall take place the next day the
court is in session. Upon reviewing  decisions  and  reports  the  court
shall  notify associated counsel, self-represented parties and attorneys
for children pursuant to subparagraph four of  this  paragraph  and  may
issue  temporary  or  permanent  custody  or [visitation] PARENTING TIME
orders.
  (7) Feasibility study. The commissioner of the office of children  and
family services, in conjunction with the office of court administration,
is  hereby  authorized and directed to examine, study, evaluate and make
recommendations concerning the feasibility of the utilization of comput-
ers in courts which are connected to the statewide central  register  of
child  abuse  and  maltreatment  established  and maintained pursuant to
section four hundred twenty-two of the social services law, as  a  means
of providing courts with information regarding parties requesting orders
of custody or [visitation] PARENTING TIME.  Such commissioner shall make
a  preliminary  report  to the governor and the legislature of findings,
conclusions and recommendations not later than January first, two  thou-
sand  nine,  and a final report of findings, conclusions and recommenda-
tions not later than June first, two thousand  nine,  and  shall  submit
with  the  reports such legislative proposals as are deemed necessary to
implement the commissioner's recommendations.
  (a-2) Military service by parent; effect on child custody orders.  (1)
During the period of time that a parent is activated, deployed or tempo-
rarily  assigned  to military service, such that the parent's ability to
continue as a joint caretaker or the primary caretaker of a minor  child
is  materially  affected  by  such  military  service, any orders issued
pursuant to this section, based on the fact that  the  parent  is  acti-
vated, deployed or temporarily assigned to military service, which would
materially  affect  or  change  a  previous  judgment or order regarding
custody of that parent's child or children as  such  judgment  or  order
existed  on  the date the parent was activated, deployed, or temporarily
assigned to military service, shall be subject  to  review  pursuant  to
subparagraph  three  of  this  paragraph. Any relevant provisions of the
Service Member's  Civil  Relief  Act  shall  apply  to  all  proceedings
governed by this section.
  (2) During such period, the court may enter an order to modify custody
if  there  is  clear and convincing evidence that the modification is in
the best interests of the child. An attorney  for  the  child  shall  be
appointed  in all cases where a modification is sought during such mili-
tary service. Such order shall be subject to review pursuant to subpara-
graph three of this paragraph. When entering an order pursuant  to  this
section, the court shall consider and provide for, if feasible and if in
the  best  interests  of the child, contact between the military service
member and his or her child, including, but not limited  to,  electronic
communication  by  e-mail,  webcam, telephone, or other available means.
During the period of the parent's leave from military service, the court
shall consider the best interests  of  the  child  when  establishing  a

A. 6457                             9

parenting  schedule,  including  [visiting]  PARENTING  TIME  and  other
contact.  For such purposes, a "leave from military service" shall be  a
period of not more than three months.
  (3)  Unless  the  parties  have  otherwise stipulated or agreed, if an
order is issued pursuant to this paragraph, the  return  of  the  parent
from  active  military service, deployment or temporary assignment shall
be considered a substantial change in circumstances. Upon the request of
either parent, the court shall determine on the  basis  of  the  child's
best  interests  whether  the  custody  judgment  or order previously in
effect should be modified.
  (4) This paragraph shall not apply to assignments  to  permanent  duty
stations or permanent changes of station.
  (b)  As  used  in  this  section,  the  following terms shall have the
following meanings:
  (1) "Health insurance benefits" means any medical, dental, optical and
prescription drugs and health care services or other health  care  bene-
fits  that may be provided for a dependent through an employer or organ-
ization, including  such  employers  or  organizations  which  are  self
insured,  or  through  other  available  health insurance or health care
coverage plans.
  (2) "Available health insurance benefits" means any  health  insurance
benefits  that are reasonable in cost and that are reasonably accessible
to the person on whose behalf the petition is brought. Health  insurance
benefits  that  are  not  reasonable  in  cost or whose services are not
reasonably accessible to such person, shall be considered unavailable.
  (3) When the person on whose behalf the petition is brought is a child
in accordance with paragraph (c) of this subdivision,  health  insurance
benefits  shall be considered "reasonable in cost" if the cost of health
insurance benefits does not exceed five percent of the combined parental
gross income. The cost of health insurance benefits shall refer  to  the
cost  of  the premium and deductible attributable to adding the child or
children to existing coverage or the difference between such  costs  for
self-only  and  family coverage. Provided, however, the presumption that
the health insurance benefits are reasonable in  cost  may  be  rebutted
upon  a  finding  that the cost is unjust or inappropriate which finding
shall be based on the circumstances of the case, the cost and comprehen-
siveness of the health insurance benefits for which the child  or  chil-
dren  may  otherwise be eligible, and the best interests of the child or
children. In no instance shall health insurance benefits  be  considered
"reasonable  in  cost" if a parent's share of the cost of extending such
coverage would reduce the income of that parent below  the  self-support
reserve.  Health  insurance  benefits are "reasonably accessible" if the
child lives within the geographic area covered  by  the  plan  or  lives
within  thirty  minutes  or thirty miles of travel time from the child's
residence to the services covered by the health  insurance  benefits  or
through benefits provided under a reciprocal agreement; provided, howev-
er, this presumption may be rebutted for good cause shown including, but
not  limited to, the special health needs of the child.  The court shall
set forth such finding and the reasons therefor in the order of support.
  (c) When the person on whose behalf  the  petition  is  brought  is  a
child,  the  court  shall  consider the availability of health insurance
benefits to all parties and shall take the following  action  to  ensure
that  health  insurance  benefits  are  provided  for the benefit of the
child:
  (1) Where the child is presently covered by health insurance benefits,
the court shall direct in the order of support  that  such  coverage  be

A. 6457                            10

maintained,  unless either parent requests the court to make a direction
for health insurance benefits coverage pursuant to paragraph two of this
subdivision.
  (2) Where the child is not presently covered by health insurance bene-
fits, the court shall make a determination as follows:
  (i)  If  only  one parent has available health insurance benefits, the
court shall direct in the order of  support  that  such  parent  provide
health insurance benefits.
  (ii)  If  both  parents  have  available health insurance benefits the
court shall direct in the order of support that either  parent  or  both
parents  provide such health insurance. The court shall make such deter-
mination based on the circumstances of  the  case,  including,  but  not
limited  to,  the  cost  and  comprehensiveness of the respective health
insurance benefits and the best interests of the child.
  (iii) If neither parent has available health insurance  benefits,  the
court  shall  direct  in  the order of support that the custodial parent
apply for the state's child health  insurance  plan  pursuant  to  title
one-A  of  article  twenty-five of the public health law and the medical
assistance program established pursuant to title eleven of article  five
of  the  social  services law. A direction issued under this subdivision
shall not limit or alter either parent's  obligation  to  obtain  health
insurance  benefits  at  such time as they become available, as required
pursuant to paragraph (a) of this subdivision. Nothing in this  subdivi-
sion  shall  alter  or  limit  the  authority  of the medical assistance
program to determine when it is considered cost effective to  require  a
custodial  parent  to enroll a child in an available group health insur-
ance plan pursuant to paragraphs (b)  and  (c)  of  subdivision  one  of
section three hundred sixty-seven-a of the social services law.
  (d)  The cost of providing health insurance benefits or benefits under
the state's child  health  insurance  plan  or  the  medical  assistance
program,  pursuant to paragraph (c) of this subdivision, shall be deemed
cash medical support, and the court shall determine  the  obligation  of
either  or  both  parents  to contribute to the cost thereof pursuant to
subparagraph five of paragraph (c) of subdivision one-b of this section.
  (e) The court shall provide in the order of support that  the  legally
responsible  relative  immediately  notify the other party, or the other
party and the support collection unit when the order is issued on behalf
of a child in receipt of public assistance and care  or  in  receipt  of
services pursuant to section one hundred eleven-g of the social services
law,  of  any  change in health insurance benefits, including any termi-
nation of benefits, change in  the  health  insurance  benefit  carrier,
premium, or extent and availability of existing or new benefits.
  (f)  Where  the  court  determines  that health insurance benefits are
available, the court shall provide in the  order  of  support  that  the
legally  responsible relative immediately enroll the eligible dependents
named in the order who are otherwise eligible for such benefits  without
regard to any seasonal enrollment restrictions. Such order shall further
direct  the  legally  responsible  relative to maintain such benefits as
long as they remain available to such relative. Such order shall further
direct  the  legally  responsible  relative  to  assign  all   insurance
reimbursement  payments for health care expenses incurred for his or her
eligible dependents to the provider of such services or the party  actu-
ally having incurred and satisfied such expenses, as appropriate.
  (g)  When the court issues an order of child support or combined child
and spousal support on behalf of persons in receipt of public assistance
and care or in receipt of  services  pursuant  to  section  one  hundred

A. 6457                            11

eleven-g  of  the  social  services law, such order shall further direct
that the provision of health care benefits shall be immediately enforced
pursuant to section fifty-two hundred forty-one of  the  civil  practice
law and rules.
  (h)  When the court issues an order of child support or combined child
and spousal support on behalf of persons other than those in receipt  of
public assistance and care or in receipt of services pursuant to section
one  hundred  eleven-g  of the social services law, the court shall also
issue a separate order which shall include the  necessary  direction  to
ensure the order's characterization as a qualified medical child support
order  as defined by section six hundred nine of the employee retirement
income security act of 1974 (29 USC 1169). Such order shall: (i) clearly
state that it creates or recognizes the existence of the  right  of  the
named  dependent  to  be  enrolled and to receive benefits for which the
legally responsible relative  is  eligible  under  the  available  group
health plans, and shall clearly specify the name, social security number
and  mailing  address  of  the legally responsible relative, and of each
dependent to be covered by the order; (ii) provide a  clear  description
of  the type of coverage to be provided by the group health plan to each
such dependent or the manner in which the type  of  coverage  is  to  be
determined;  and  (iii)  specify  the  period of time to which the order
applies. The court shall not require the group health  plan  to  provide
any  type  or form of benefit or option not otherwise provided under the
group health plan except to the extent necessary to  meet  the  require-
ments  of  a  law relating to medical child support described in section
one thousand three hundred and ninety-six g of title  forty-two  of  the
United States code.
  (i) Upon a finding that a legally responsible relative wilfully failed
to  obtain health insurance benefits in violation of a court order, such
relative will be presumptively  liable  for  all  health  care  expenses
incurred  on  behalf  of such dependents from the first date such depen-
dents were eligible to be enrolled to receive health insurance  benefits
after  the issuance of the order of support directing the acquisition of
such coverage.
  (j) The order shall be effective as of the  date  of  the  application
therefor,  and  any  retroactive  amount  of  child support due shall be
support arrears/past due support and shall, except as provided for here-
in, be paid in one lump sum or periodic sums, as the court shall direct,
taking into account any amount of temporary support which has been paid.
In addition, such retroactive child support shall be enforceable in  any
manner  provided  by law including, but not limited to, an execution for
support enforcement pursuant to subdivision  (b)  of  section  fifty-two
hundred  forty-one  of  the  civil practice law and rules.  When a child
receiving support is a public assistance  recipient,  or  the  order  of
support  is  being enforced or is to be enforced pursuant to section one
hundred eleven-g of the social services law, the court  shall  establish
the amount of retroactive child support and notify the parties that such
amount  shall  be enforced by the support collection unit pursuant to an
execution for support enforcement as provided for in subdivision (b)  of
section fifty-two hundred forty-one of the civil practice law and rules,
or  in  such periodic payments as would have been authorized had such an
execution been issued. In such case, the courts  shall  not  direct  the
schedule  of  repayment  of retroactive support. Where such direction is
for child support and paternity has  been  established  by  a  voluntary
acknowledgement  of  paternity  as  defined in section forty-one hundred
thirty-five-b of the public health law, the court shall inquire  of  the

A. 6457                            12

parties  whether  the  acknowledgement  has  been duly filed, and unless
satisfied that it has been so filed shall require the clerk of the court
to file such acknowledgement with the appropriate registrar within  five
business  days. Such direction may be made in the final judgment in such
action or proceeding, or by one or more orders from time to time  before
or subsequent to final judgment, or by both such order or orders and the
final  judgment.  Such  direction  may  be made notwithstanding that the
court for any  reason  whatsoever,  other  than  lack  of  jurisdiction,
refuses  to  grant the relief requested in the action or proceeding. Any
order or judgment made as in this section provided may  combine  in  one
lump  sum  any amount payable to the custodial parent under this section
with any amount payable to such parent under section two  hundred  thir-
ty-six of this article. Upon the application of either parent, or of any
other person or party having the care, custody and control of such child
pursuant  to  such  judgment  or  order,  after such notice to the other
party, parties or persons having such  care,  custody  and  control  and
given  in  such manner as the court shall direct, the court may annul or
modify any such direction, whether made by order or final  judgment,  or
in  case  no  such  direction shall have been made in the final judgment
may, with respect to any judgment of annulment or declaring the  nullity
of  a  void  marriage  rendered  on  or  after September first, nineteen
hundred forty,  or  any  judgment  of  separation  or  divorce  whenever
rendered,  amend  the  judgment by inserting such direction.  Subject to
the provisions of section two hundred forty-four  of  this  article,  no
such  modification  or  annulment  shall reduce or annul arrears accrued
prior to the making of such  application  unless  the  defaulting  party
shows  good  cause  for  failure to make application for relief from the
judgment or order directing such payment prior to the  accrual  of  such
arrears. Such modification may increase such child support nunc pro tunc
as  of  the date of application based on newly discovered evidence.  Any
retroactive amount of child support due shall  be  support  arrears/past
due  support  and shall be paid in one lump sum or periodic sums, as the
court shall direct, taking into account any amount  of  temporary  child
support which has been paid. In addition, such retroactive child support
shall  be  enforceable  in any manner provided by law including, but not
limited to, an execution for support enforcement pursuant to subdivision
(b) of section fifty-two hundred forty-one of the civil practice law and
rules.
  1-a. In any proceeding brought pursuant to this section  to  determine
the  custody  or [visitation] PARENTING TIME of minors, a report made to
the statewide central register of child abuse and maltreatment, pursuant
to title six of article six of the social services  law,  or  a  portion
thereof,  which is otherwise admissible as a business record pursuant to
rule forty-five hundred eighteen of the civil  practice  law  and  rules
shall  not  be admissible in evidence, notwithstanding such rule, unless
an investigation of such report conducted pursuant to title six of arti-
cle six of the social services law has determined  that  there  is  some
credible  evidence  of  the  alleged  abuse or maltreatment and that the
subject of the report has been notified that the report is indicated. In
addition, if such report has been reviewed by the state commissioner  of
[social  services]  CHILDREN  AND FAMILY SERVICES or his OR HER designee
and has been determined to be unfounded, it shall not be  admissible  in
evidence.  If  such  report has been so reviewed and has been amended to
delete any finding, each such deleted finding shall not  be  admissible.
If  the  state  commissioner  of  [social  services] CHILDREN AND FAMILY
SERVICES or his OR HER designee has amended the report to  add  any  new

A. 6457                            13

finding,  each  such  new  finding,  together  with  any  portion of the
original report not deleted by the commissioner or his  designee,  shall
be admissible if it meets the other requirements of this subdivision and
is  otherwise  admissible  as  a  business  record. If such a report, or
portion thereof, is admissible in evidence  but  is  uncorroborated,  it
shall  not be sufficient to make a fact finding of abuse or maltreatment
in such proceeding. Any other evidence tending to support the  reliabil-
ity of such report shall be sufficient corroboration.
  S  9.  Paragraph  c  of  subdivision  3 of section 240 of the domestic
relations law, as amended by chapter 597 of the laws of 1998, is amended
to read as follows:
  c. An order of protection entered pursuant to this subdivision may  be
made  in the final judgment in any matrimonial action or in a proceeding
to obtain custody of or [visitation] PARENTING TIME with any child under
this section, or by one or more orders  from  time  to  time  before  or
subsequent  to  final  judgment, or by both such order or orders and the
final judgment. The order of protection may remain in effect after entry
of a final matrimonial judgment and during the  minority  of  any  child
whose  custody  or  [visitation]  PARENTING  TIME  is  the  subject of a
provision of a final judgment or any order. An order of  protection  may
be  entered  notwithstanding  that  the court for any reason whatsoever,
other than lack of jurisdiction, refuses to grant the  relief  requested
in the action or proceeding.
  S 10. Section 241 of the domestic relations law, as amended by chapter
892 of the laws of 1986, is amended to read as follows:
  S 241. Interference with or withholding of [visitation] PARENTING TIME
rights; alimony or maintenance suspension. When it appears to the satis-
faction  of the court that a custodial parent receiving alimony or main-
tenance pursuant to an order, judgment or decree of a court of competent
jurisdiction has wrongfully interfered  with  or  withheld  [visitation]
PARENTING  TIME  rights  provided by such order, judgment or decree, the
court, in its discretion, [may] SHALL suspend such  payments  or  cancel
any  arrears  that  may  have  accrued during the time that [visitation]
PARENTING TIME rights have been or are being interfered  with  or  with-
held. Nothing in this section shall constitute a defense in any court to
an  application  to  enforce payment of child support or grounds for the
cancellation of arrears for child support.
  S 11. Section 251 of the domestic relations law, as added  by  chapter
164 of the laws of 1973, is amended to read as follows:
  S 251. Filing of order in family court. When, in a matrimonial action,
the  supreme court refers the issues of support, custody or [visitation]
PARENTING TIME to the family court, the order or judgment shall  provide
that  a  copy thereof shall be filed by the plaintiff's attorney, within
ten days, with the clerk of the family court therein specified.
  S 12. Paragraph (b) of subdivision 1 of section 252  of  the  domestic
relations  law,  as added by chapter 349 of the laws of 1995, is amended
to read as follows:
  (b) to permit a parent, or a person entitled to visitation OR  PARENT-
ING  TIME by a court order or a separation agreement, to visit the child
at stated periods;
  S 13. Subdivision 3 of section 252 of the domestic relations  law,  as
added by chapter 349 of the laws of 1995, is amended to read as follows:
  3.  An order of protection entered pursuant to this subdivision may be
made in the final judgment in any matrimonial action, or by one or  more
orders  from  time to time before or subsequent to final judgment, or by
both such  order  or  orders  and  the  final  judgment.  The  order  of

A. 6457                            14

protection may remain in effect after entry of a final matrimonial judg-
ment  and during the minority of any child whose custody or [visitation]
PARENTING TIME is the subject of a provision of a final judgment or  any
order.  An  order  of protection may be entered notwithstanding that the
court for any  reason  whatsoever,  other  than  lack  of  jurisdiction,
refuses to grant the relief requested in the action or proceeding.
  S  14.  Subdivision 10 of section 358-a of the social services law, as
added by chapter 457 of the laws of 1988,  paragraphs  (b)  and  (c)  as
amended  by  chapter  41  of  the  laws  of  2010, is amended to read as
follows:
  (10) Visitation AND PARENTING TIME rights; non-custodial  parents  and
grandparents.  (a)  Where  a social services official incorporates in an
instrument visitation OR PARENTING TIME rights set forth  in  an  order,
judgment  or  agreement as described in paragraph (d) of subdivision two
of section three hundred eighty-four-a of this  chapter,  such  official
shall  make  inquiry  of  the  state central register of child abuse and
maltreatment to determine whether or not the person having such  visita-
tion OR PARENTING TIME rights is a subject or another person named in an
indicated  report  of  child  abuse  or  maltreatment, as such terms are
defined in section four  hundred  twelve  of  this  chapter,  and  shall
further ascertain, to the extent practicable, whether or not such person
is  a  respondent  in a proceeding under article ten of the family court
act whereby the respondent has  been  alleged  or  adjudicated  to  have
abused or neglected such child.
  (b)  Where  a  social  services official or the attorney for the child
opposes incorporation of an  order,  judgment  or  agreement  conferring
visitation  rights OR PARENTING TIME as provided for in paragraph (e) of
subdivision two of section three hundred eighty-four-a of this  chapter,
the  social  services official or attorney for the child shall apply for
an order determining that the provisions  of  such  order,  judgment  or
agreement should not be incorporated into the instrument executed pursu-
ant  to  such section. Such order shall be granted upon a finding, based
on competent, relevant and material evidence, that the child's  life  or
health  would  be endangered by incorporation and enforcement of visita-
tion rights OR PARENTING TIME as described in such  order,  judgment  or
agreement. Otherwise, the court shall deny such application.
  (c)  Where  visitation  rights OR PARENTING TIME pursuant to an order,
judgment or agreement are incorporated in an instrument, the parties may
agree to an alternative schedule of visitation OR PARENTING TIME  equiv-
alent  to  and  consistent  with  the original or modified visitation OR
PARENTING TIME order, judgment,  or  agreement  where  such  alternative
schedule reflects changed circumstances of the parties and is consistent
with  the  best interests of the child. In the absence of such an agree-
ment between the parties, the court may, in its discretion, upon  appli-
cation of any party or the child's attorney, order an alternative sched-
ule  of  visitation  OR  PARENTING  TIME,  as described herein, where it
determines that such schedule is necessary to facilitate visitation  and
to protect the best interests of the child.
  (d)  The  order  providing  an  alternative  schedule of visitation OR
PARENTING TIME shall remain in effect for the length of the placement of
the child as provided for in such instrument unless such order is subse-
quently modified by the court for good cause shown. Whenever  the  court
makes  an order denying or modifying visitation OR PARENTING TIME rights
pursuant to this subdivision, the instrument described in section  three
hundred eighty-four-a of this chapter shall be deemed amended according-
ly.

A. 6457                            15

  S 15. Paragraphs (b), (d) and (f) of subdivision 2 of section 384-a of
the  social  services  law, paragraph (b) as added by chapter 669 of the
laws of 1976, paragraph (d) as added by chapter 457 of the laws of  1988
and  paragraph  (f)  as  amended  by chapter 41 of the laws of 2010, are
amended to read as follows:
  (b) No provisions set forth in any such instrument regarding the right
of  the  parent  or  guardian  to  visit  the  child or to have services
provided to the child and to the parent or guardian  to  strengthen  the
parental  relationship  may  be  terminated or limited by the authorized
agency having the care and custody of the child unless: (i) the  instru-
ment shall have been amended to so limit or terminate such right, pursu-
ant  to  subdivision three of this section; or (ii) the right of visita-
tion OR PARENTING TIME or to such  services  would  be  contrary  to  or
inconsistent  with a court order obtained in any proceeding in which the
parent or guardian was a party.
  (d) In any case where a parent who has transferred care and custody of
a child to a social services official pursuant to this  section  informs
the social services official that an order or judgment conferring [visi-
tation]  PARENTING TIME rights relating to the child has been entered by
the family court or  supreme  court  or  that  a  written  agreement  as
described  in  section  two hundred thirty-six of the domestic relations
law between the parents confers such  rights,  any  instrument  executed
pursuant to this section shall incorporate the provisions of such order,
judgment  or  agreement  to  the extent that [visitation] PARENTING TIME
rights are affected and shall provide for [visitation] PARENTING TIME or
other rights as required by such  order,  judgment  or  agreement.  Such
incorporation  shall  not preclude a social services official from exer-
cising his authority pursuant to paragraph (e) or (f) of  this  subdivi-
sion.
  (f)  Nothing  in  this  section  shall  be deemed to prohibit a social
services official or an attorney for the child, if any, from  making  an
application to modify the terms of a visitation OR PARENTING TIME order,
incorporated pursuant to this section, for good cause shown, upon notice
to  all  interested  parties,  or  to limit the right of a non-custodial
parent or grandparent to seek visitation OR PARENTING TIME  pursuant  to
applicable provisions of law.
  S  16.  Subparagraph (iv) of paragraph (c) of subdivision 2 of section
384-a of the social services law, as amended by chapter 256 of the  laws
of 1990, is amended to read as follows:
  (iv)  that  the parent or guardian has a right to supportive services,
which shall include preventive and other supportive services  authorized
to  be  provided  pursuant to the state's consolidated services plan, to
visit the child, and to determine jointly with the agency the terms  and
frequency of visitation OR PARENTING TIME;
  S  17.  Subparagraph  5  of  paragraph (f) of subdivision 7 of section
384-b of the social services law, as amended by chapter 113 of the  laws
of 2010, is amended to read as follows:
  (5)  making  suitable  arrangements  with  a correctional facility and
other appropriate persons for an incarcerated  parent  to  [visit]  HAVE
PARENTING  TIME WITH the child within the correctional facility, if such
[visiting] PARENTING TIME is in the best interests of the child. When no
[visitation] PARENTING TIME between child and  incarcerated  parent  has
been  arranged  for  or  permitted by the authorized agency because such
[visitation] PARENTING TIME is determined not to be in the best interest
of the child, then no permanent neglect proceeding under  this  subdivi-
sion  shall  be  initiated on the basis of the lack of such [visitation]

A. 6457                            16

PARENTING TIME.   Such arrangements shall  include,  but  shall  not  be
limited  to, the transportation of the child to the correctional facili-
ty, and providing or suggesting social  or  rehabilitative  services  to
resolve  or  correct  the problems other than incarceration itself which
impair the incarcerated parent's ability to maintain  contact  with  the
child.  When  the  parent  is  incarcerated  in  a correctional facility
located outside the state, the provisions of this subparagraph shall  be
construed  to  require  that an authorized agency make such arrangements
with the correctional facility only if reasonably feasible and permissi-
ble in accordance with the  laws  and  regulations  applicable  to  such
facility; and
  S  18.  Paragraph  (o)  of  subdivision 6 of section 398 of the social
services law, as added by chapter 457 of the laws of 1988, is amended to
read as follows:
  (o) Compliance with a court order enforcing  visitation  OR  PARENTING
TIME  rights  of  a non-custodial parent or grandparent pursuant to part
eight of article ten of the family court act, subdivision ten of section
three hundred fifty-eight-a or  paragraph  (d)  of  subdivision  two  of
section  three hundred eighty-four-a of this chapter, and responsibility
for the return of such child  after  visitation  OR  PARENTING  TIME  so
ordered.
  S  19.  Subdivision  1 of section 398-d of the social services law, as
added by chapter 83 of the laws of 1995, is amended to read as follows:
  1. The legislature  finds  that  the  centralized  delivery  of  child
protective  services,  preventive services, adoption services and foster
care services in a social [service] SERVICES district with a  population
of  more  than  two  million  hinders  their effective delivery and adds
unnecessary costs.  Numerous studies have recommended that such services
serve small areas, be located in such areas,  and  be  integrated.  Such
relocation  will:   give caseworkers greater knowledge of their assigned
community, the residents of  that  community  and  the  availability  of
community-based  services;  increase  the  availability  of caseworkers;
reduce travel time for caseworkers; enable children in  foster  care  to
remain  in  their own communities and schools and maintain their friend-
ships; enable children in  foster  care  to  have  greater  [visitation]
PARENTING  TIME  with their parents; provide for more effective delivery
of preventive services; and expedite adoptions and otherwise reduce  the
amount of time children spend in foster care.
  The  relocation  of  child  welfare  service delivery to the community
sites will strengthen efforts to provide a wide range of community-based
early intervention programs including, but not limited to,  school-based
health  clinics  and  community  schools, thereby ensuring the continued
development of a critical mass of community services.
  S 20. Subparagraph 9 of paragraph (f) of subdivision 1 of section  413
of the family court act, as added by chapter 567 of the laws of 1989, is
amended to read as follows:
  (9)  Provided  that the child is not on public assistance (i) extraor-
dinary expenses incurred  by  the  non-custodial  parent  in  exercising
[visitation] PARENTING TIME, or (ii) expenses incurred by the non-custo-
dial  parent  in  extended [visitation] PARENTING TIME provided that the
custodial parent's expenses are substantially reduced as a result there-
of; and
  S 21. Subdivisions (a) and (c) of section 439 of the family court act,
subdivision (a) as amended by section 1 of chapter 468 of  the  laws  of
2012  and  subdivision (c) as amended by section 1 of chapter 576 of the
laws of 2005, are amended to read as follows:

A. 6457                            17

  (a) The chief administrator of the courts shall provide, in accordance
with subdivision (f) of this section, for the appointment  of  a  suffi-
cient  number  of  support  magistrates  to  hear  and determine support
proceedings. Except as hereinafter provided, support  magistrates  shall
be  empowered  to hear, determine and grant any relief within the powers
of the court in  any  proceeding  under  this  article,  articles  five,
five-A,  and five-B and sections two hundred thirty-four and two hundred
thirty-five of this act, and objections raised pursuant to section  five
thousand  two  hundred  forty-one  of  the civil practice law and rules.
Support magistrates shall not be empowered to hear, determine and  grant
any  relief  with  respect  to  issues specified in section four hundred
fifty-five of this article,  issues  of  contested  paternity  involving
claims  of  equitable  estoppel,  custody,  [visitation]  PARENTING TIME
including [visitation] PARENTING  TIME  as  a  defense,  and  orders  of
protection  or exclusive possession of the home, which shall be referred
to a judge as provided in subdivision (b) or (c) of this section.  Where
an order of filiation is issued by a judge in a paternity proceeding and
child  support is in issue, the judge, or support magistrate upon refer-
ral from the judge, shall be authorized to immediately make a  temporary
or  final  order  of  support, as applicable. A support magistrate shall
have the authority to hear and decide motions and  issue  summonses  and
subpoenas to produce persons pursuant to section one hundred fifty-three
of  this act, hear and decide proceedings and issue any order authorized
by subdivision (g) of section five thousand two hundred forty-one of the
civil practice law and  rules,  issue  subpoenas  to  produce  prisoners
pursuant to section two thousand three hundred two of the civil practice
law  and  rules  and  make  a  determination  that any person before the
support magistrate is in violation of an order of the court  as  author-
ized  by  section one hundred fifty-six of this act subject to confirma-
tion by a judge of the court who shall impose any  punishment  for  such
violation  as  provided  by law. A determination by a support magistrate
that a person is in willful violation  of  an  order  under  subdivision
three of section four hundred fifty-four of this article and that recom-
mends  commitment  shall  be  transmitted to the parties, accompanied by
findings of fact, but the determination shall have no force  and  effect
until confirmed by a judge of the court.
  (c)  The  support magistrate, in any proceeding in which issues speci-
fied in section four hundred fifty-five of this [act] ARTICLE, or issues
of custody, [visitation] PARENTING TIME, including [visitation]  PARENT-
ING  TIME  as a defense, orders of protection or exclusive possession of
the home are present or in which paternity is contested on  the  grounds
of equitable estoppel, shall make a temporary order of support and refer
the  proceeding to a judge. Upon determination of such issue by a judge,
the judge may make a final determination of the  issue  of  support,  or
immediately  refer  the  proceeding  to a support magistrate for further
proceedings regarding child support or other matters within the authori-
ty of the support magistrate.
  S 22.  Subdivision (a) of section 439 of  the  family  court  act,  as
amended  by  section 2 of chapter 468 of the laws of 2012, is amended to
read as follows:
  (a) The chief administrator of the courts shall provide, in accordance
with subdivision (f) of this section, for the appointment  of  a  suffi-
cient  number  of  support  magistrates  to  hear  and determine support
proceedings. Except as hereinafter provided, support  magistrates  shall
be  empowered  to hear, determine and grant any relief within the powers
of the court in  any  proceeding  under  this  article,  articles  five,

A. 6457                            18

five-A,  and five-B and sections two hundred thirty-four and two hundred
thirty-five of this act, and objections raised pursuant to section  five
thousand  two  hundred  forty-one  of  the civil practice law and rules.
Support  magistrates shall not be empowered to hear, determine and grant
any relief with respect to issues  specified  in  section  four  hundred
fifty-five  of  this  article,  issues  of contested paternity involving
claims of  equitable  estoppel,  custody,  [visitation]  PARENTING  TIME
including  [visitation]  PARENTING  TIME  as  a  defense,  and orders of
protection or exclusive possession of the home, which shall be  referred
to  a judge as provided in subdivision (b) or (c) of this section. Where
an order of filiation is issued by a judge in a paternity proceeding and
child support is in issue, the judge, or support magistrate upon  refer-
ral  from the judge, shall be authorized to immediately make a temporary
or final order of support, as applicable.  A  support  magistrate  shall
have  the  authority  to hear and decide motions and issue summonses and
subpoenas to produce persons pursuant to section one hundred fifty-three
of this act, hear and decide proceedings and issue any order  authorized
by subdivision (g) of section five thousand two hundred forty-one of the
civil  practice  law  and  rules,  issue  subpoenas to produce prisoners
pursuant to section two thousand three hundred two of the civil practice
law and rules and make  a  determination  that  any  person  before  the
support  magistrate  is in violation of an order of the court as author-
ized by section one hundred fifty-six of this act subject  to  confirma-
tion  by  a  judge of the court who shall impose any punishment for such
violation as provided by law. A determination by  a  support  magistrate
that  a  person  is  in  willful violation of an order under subdivision
three of section four hundred fifty-four of this article and that recom-
mends commitment shall be transmitted to  the  parties,  accompanied  by
findings  of  fact, but the determination shall have no force and effect
until confirmed by a judge of the court.
  S 23. Subdivision (b) of section 446  of  the  family  court  act,  as
amended  by  chapter  483  of  the  laws  of 1995, is amended to read as
follows:
  (b) to permit a parent, or a person entitled to visitation OR  PARENT-
ING  TIME  by  a court order or a separation agreement, to visit OR HAVE
TIME WITH the child at stated periods;
  S 24. Section 447 of the family court act, subdivision (a) as  amended
by chapter 85 of the laws of 1996, is amended to read as follows:
  S 447. Order of [visitation] PARENTING TIME.  (a) In the absence of an
order  of  custody  or  of  [visitation]  PARENTING  TIME entered by the
supreme court, the court may make an order of custody or of [visitation]
PARENTING TIME, in  accordance  with  subdivision  one  of  section  two
hundred  forty  of  the  domestic relations law, requiring one parent to
permit the other to visit the children  at  stated  periods  without  an
order of protection, even where the parents are divorced and the support
order is for a child only.
  (b)  Any  order of the family court under this section shall terminate
when the supreme court makes an order  of  custody  or  of  [visitation]
PARENTING TIME concerning the children, unless the supreme court contin-
ues the order of the family court.
  S  25.  Subdivision  (a)  of  section  456 of the family court act, as
amended by chapter 809 of the laws  of  1963,  is  amended  to  read  as
follows:
  (a) No person may be placed on probation under this article unless the
court makes an order to that effect, either at the time of the making of
an  order  of  support  or under section four hundred fifty-four OF THIS

A. 6457                            19

PART. The period of probation may  continue  so  long  as  an  order  of
support,  order  of  protection  or order of [visitation] PARENTING TIME
applies to such person.
  S 26. Subdivisions (a) and (b) of section 467 of the family court act,
subdivision (a) as amended and subdivision (b) as added by chapter 40 of
the laws of 1981, are amended to read as follows:
  (a)  In  an  action  for divorce, separation or annulment, the supreme
court may refer to the family court the determination of applications to
fix temporary or  permanent  custody  or  [visitation]  PARENTING  TIME,
applications  to enforce judgments and orders of custody or [visitation]
PARENTING TIME, and applications  to  modify  judgments  and  orders  of
custody  which  modification  may  be granted only upon a showing to the
family court that there has been a subsequent change  of  circumstances,
SUCH AS LOSS OF EMPLOYMENT OR CHANGE IN INCOME, and that modification is
required.
  (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]
PARENTING  TIME  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] PARENTING TIME, or (ii) determine an
application to modify the order or judgment awarding custody or [visita-
tion] PARENTING TIME upon a showing that there  has  been  a  subsequent
change of circumstances and modification is required.
  S  27.  Section 511 of the family court act, as amended by chapter 533
of the laws of 1999, is amended to read as follows:
  S 511. Jurisdiction. Except as otherwise provided,  the  family  court
has exclusive original jurisdiction in proceedings to establish paterni-
ty  and, in any such proceedings in which it makes a finding of paterni-
ty, to order support and to make orders of custody  or  of  [visitation]
PARENTING  TIME,  as  set  forth in this article. On its own motion, the
court may at any time in the proceedings also direct  the  filing  of  a
neglect  petition  in  accord with the provisions of article ten of this
act. In accordance with the provisions of section one  hundred  eleven-b
of the domestic relations law, the surrogate's court has original juris-
diction  concurrent with the family court to determine the issues relat-
ing to the establishment of paternity.
  S 28. Section 549 of the family court act, as added by chapter 952  of
the  laws  of 1971, subdivision (a) as amended by chapter 85 of the laws
of 1996, is amended to read as follows:
  S 549. Order of [visitation] PARENTING TIME.  (a) If an order of fili-
ation is made or if a paternity agreement or compromise is  approved  by
the  court,  in  the  absence  of an order of custody or of [visitation]
PARENTING TIME entered by the supreme court the family court may make an
order of custody or of [visitation] PARENTING TIME, in  accordance  with
subdivision  one  of section two hundred forty of the domestic relations
law, requiring one parent to permit the other  to  visit  the  child  or
children at stated periods.
  (b)  Any  order of the family court under this section shall terminate
when the supreme court makes an order  of  custody  or  of  [visitation]
PARENTING  TIME  concerning  the  child  or children, unless the supreme
court continues the order of the family court.
  S 29. Subdivision (b) of section 551  of  the  family  court  act,  as
amended  by  chapter  483  of  the  laws  of 1995, is amended to read as
follows:

A. 6457                            20

  (b) to permit a parent, or a person entitled to visitation OR  PARENT-
ING  TIME  by a court order or a separation agreement to visit the child
at stated periods;
  S 30. Section 651 of the family court act, as amended by chapter 85 of
the  laws of 1996, subdivision (b) as amended by chapter 657 of the laws
of 2003, subdivision (d) as amended by chapter 41 of the laws  of  2010,
subdivision  (e)  as  amended  by  chapter  295 of the laws of 2009, and
subdivision (f) as added by chapter 473 of the laws of 2009, is  amended
to read as follows:
  S  651.  Jurisdiction over habeas corpus proceedings and petitions for
custody [and] OF, visitation of, OR PARENTING TIME WITH minors. (a) When
referred from the supreme court or county court to the family court, the
family court has jurisdiction to determine, in accordance with  subdivi-
sion  one of section two hundred forty of the domestic relations law and
with the same powers possessed by the supreme court in addition  to  its
own  powers,  habeas corpus proceedings and proceedings brought by peti-
tion and order to show cause, for the determination of the custody  [or]
OF, visitation of OR PARENTING TIME WITH minors.
  (b) When initiated in the family court, the family court has jurisdic-
tion  to  determine,  in  accordance with subdivision one of section two
hundred forty of the domestic relations law and  with  the  same  powers
possessed  by  the  supreme  court in addition to its own powers, habeas
corpus proceedings and proceedings brought by petition and order to show
cause, for the determination of the  custody  OF  or  visitation  of  OR
PARENTING  TIME  WITH minors, including applications by a grandparent or
grandparents for visitation or custody rights pursuant to section seven-
ty-two or two hundred forty of the domestic relations law.
  (c) When initiated in the family court pursuant to  a  petition  under
part  eight  of  article ten of this act or section three hundred fifty-
eight-a of the social services law, the family court has jurisdiction to
enforce or modify orders or judgments of the supreme court  relating  to
the visitation of OR PARENTING TIME WITH minors in foster care, notwith-
standing  any  limitation  contained  in subdivision (b) of section four
hundred sixty-seven of this act.
  (d) With respect to applications by a grandparent or grandparents  for
visitation  or  custody  rights, made pursuant to section seventy-two or
two hundred forty of the domestic relations law, with a  child  remanded
or  placed  in  the  care  of  a person, official, agency or institution
pursuant to the provisions of article ten of this act, the applicant, in
such manner as the court shall prescribe, shall  serve  a  copy  of  the
application upon the social services official having care and custody of
such  child, and the child's attorney, who shall be afforded an opportu-
nity to be heard thereon.
  (e) 1. Permanent and initial temporary orders of custody or visitation
OR PARENTING TIME.  Prior to the issuance of any  permanent  or  initial
temporary  order  of  custody  or  visitation, the court shall conduct a
review of the decisions and reports listed in paragraph  three  of  this
subdivision.
  2.  Successive temporary orders of custody [or], visitation OR PARENT-
ING TIME. Prior to the issuance of any  successive  temporary  order  of
custody  or  visitation,  OR  PARENTING  TIME  the court shall conduct a
review of the decisions and reports listed in paragraph  three  of  this
subdivision,  unless such a review has been conducted within ninety days
prior to the issuance of such order.
  3. Decisions and reports for review. The court shall conduct a  review
of the following:

A. 6457                            21

  (i) related decisions in court proceedings initiated pursuant to arti-
cle ten of this act, and all warrants issued under this act; and
  (ii)  reports  of  the  statewide  computerized  registry of orders of
protection established and maintained pursuant to  section  two  hundred
twenty-one-a  of  the  executive  law,  and  reports of the sex offender
registry established and maintained  pursuant  to  section  one  hundred
sixty-eight-b of the correction law.
  4.  Notifying  counsel and issuing orders. Upon consideration of deci-
sions pursuant to article ten of this  act,  and  registry  reports  and
notifying counsel involved in the proceeding, or in the event of a self-
represented  party, notifying such party of the results thereof, includ-
ing any court appointed attorney for children, the  court  may  issue  a
temporary,  successive temporary or final order of custody [or], visita-
tion OR PARENTING TIME.
  5. Temporary emergency order. Notwithstanding any other  provision  of
the  law, upon emergency situations, including computer malfunctions, to
serve the best interest of the child, the court may  issue  a  temporary
emergency  order  for  custody [or], visitation OR PARENTING TIME in the
event that it is not possible to timely review decisions and reports  on
registries as required pursuant to paragraph three of this subdivision.
  6.  After  issuing a temporary emergency order. After issuing a tempo-
rary emergency order of custody [or], visitation OR PARENTING TIME,  the
court  shall  conduct reviews of the decisions and reports on registries
as required pursuant to paragraph three of this subdivision within twen-
ty-four hours of the issuance of such temporary emergency order.  Should
such twenty-four hour period fall on a day when court is not in session,
then  the required reviews shall take place the next day the court is in
session. Upon reviewing decisions and reports  the  court  shall  notify
associated  counsel, self-represented parties and attorneys for children
pursuant to paragraph four of this subdivision and may  issue  temporary
or permanent custody [or], visitation OR PARENTING TIME orders.
  7.  Feasibility  study. The commissioner of the office of children and
family services, in conjunction with the office of court administration,
is hereby authorized and directed to examine, study, evaluate  and  make
recommendations concerning the feasibility of the utilization of comput-
ers in family courts which are connected to the statewide central regis-
ter  of child abuse and maltreatment established and maintained pursuant
to section four hundred twenty-two of the  social  services  law,  as  a
means  of  providing  family  courts  with information regarding parties
requesting orders of custody or visitation. Such commissioner shall make
a preliminary report to the governor and the  legislature  of  findings,
conclusions and recommendations not later than January thirty-first, two
thousand nine, and a final report of findings, conclusions and recommen-
dations  not  later than June first, two thousand nine, and shall submit
with the reports such legislative proposals as are deemed  necessary  to
implement the commissioner's recommendations.
  (f)  Military  service  by  parent; effect on child custody orders. 1.
During the period of time that a parent is activated, deployed or tempo-
rarily assigned to military service, such that the parent's  ability  to
continue  as a joint caretaker or the primary caretaker of a minor child
is materially affected by  such  military  service,  any  orders  issued
pursuant  to  this  section,  based on the fact that the parent is acti-
vated, deployed or temporarily assigned to military service, which would
materially affect or change  a  previous  judgment  or  order  regarding
custody  of  that  parent's  child or children as such judgment or order
existed on the date the parent was activated, deployed,  or  temporarily

A. 6457                            22

assigned  to  military  service,  shall be subject to review pursuant to
paragraph three of this subdivision.  Any  relevant  provisions  of  the
Service  Member's  Civil  Relief  Act  shall  apply  to  all proceedings
governed by this section.
  2.  During such period, the court may enter an order to modify custody
if there is clear and convincing evidence that the  modification  is  in
the  best  interests  of  the  child. An attorney for the child shall be
appointed in all cases where a modification is sought during such  mili-
tary  service.  Such  order shall be subject to review pursuant to para-
graph three of this subdivision. When entering an order pursuant to this
section, the court shall consider and provide for, if feasible and if in
the best interests of the child, contact between  the  military  service
member  and  his  or her child including, but not limited to, electronic
communication by e-mail, webcam, telephone, or  other  available  means.
During the period of the parent's leave from military service, the court
shall  consider  the  best  interests  of  the child when establishing a
parenting  schedule,  including  [visiting]  PARENTING  TIME  and  other
contact.    For such purpose, a "leave from military service" shall be a
period of not more than three months.
  3. Unless the parties have otherwise stipulated or agreed, if an order
is issued pursuant to this subdivision, the return of  the  parent  from
active  military  service,  deployment  or temporary assignment shall be
considered a substantial change in circumstances. Upon  the  request  of
either  parent,  the  court  shall determine on the basis of the child's
best interests whether the  custody  judgment  or  order  previously  in
effect should be modified.
  4.  This  subdivision shall not apply to assignments to permanent duty
stations or permanent changes of station.
  S 31. Section 651-a of the family court act, as amended by chapter  12
of the laws of 1996, is amended to read as follows:
  S  651-a.  Reports  of child abuse and maltreatment; admissibility. In
any proceeding brought pursuant to this section to determine the custody
[or], visitation OR PARENTING TIME of  minors,  a  report  made  to  the
statewide  central register of child abuse and maltreatment, pursuant to
title six of article six of the social services law, or a portion there-
of, which is otherwise admissible as a business record pursuant to  rule
forty-five  hundred  eighteen  of the civil practice law and rules shall
not be admissible in evidence,  notwithstanding  such  rule,  unless  an
investigation  of such report conducted pursuant to title six of article
six of the social services law has determined that there is some  credi-
ble  evidence  of the alleged abuse or maltreatment, that the subject of
the report has been notified that the report is indicated.  In addition,
if such report has been reviewed by the state  commissioner  of  [social
services]  THE  OFFICE  OF  CHILDREN  AND  FAMILY SERVICES or his OR HER
designee and has been determined to be unfounded, it shall not be admis-
sible in evidence. If such report has been  so  reviewed  and  has  been
amended  to  delete  any finding, each such deleted finding shall not be
admissible. If the state commissioner of [social services] THE OFFICE OF
CHILDREN AND FAMILY SERVICES or his OR  HER  designee  has  amended  the
report  to add any new finding, each such new finding, together with any
portion of the original report not deleted by the commissioner or his OR
HER designee, shall be admissible if it meets the other requirements  of
this section and is otherwise admissible as a business record. If such a
report,  or  portion thereof, is admissible in evidence but is uncorrob-
orated, it shall not be sufficient to make a fact finding  of  abuse  or

A. 6457                            23

maltreatment  in  such proceeding. Any other evidence tending to support
the reliability of such report shall be sufficient corroboration.
  S 32. Subdivisions (a) and (b) of section 652 of the family court act,
subdivision (a) as amended and subdivision (b) as added 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 perma-
nent custody and applications to modify judgments and orders of  custody
or  [visitation]  PARENTING  TIME 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 there has been a subsequent change of circumstances and  that
modification is required.
  (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]
PARENTING  TIME  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] PARENTING TIME, or (ii) determine an
application to modify the order or judgment awarding custody or [visita-
tion] PARENTING TIME upon a showing that there  has  been  a  subsequent
change of circumstances and modification is required.
  S  33.  Subdivision  (b)  of  section  656 of the family court act, as
amended by chapter 483 of the laws  of  1995,  is  amended  to  read  as
follows:
  (b)  to permit a parent, or a person entitled to visitation OR PARENT-
ING TIME by a court order or a separation agreement, to visit the  child
at stated periods;
  S  34.  Subdivision  (b)  of  section  759 of the family court act, as
amended by chapter 483 of the laws  of  1995,  is  amended  to  read  as
follows:
  (b)  to permit a parent, or a person entitled to visitation OR PARENT-
ING TIME by a court order or a separation agreement, to visit the  child
at stated periods;
  S  35.  Subdivision  (b)  of  section  842 of the family court act, as
amended by chapter 483 of the laws  of  1995,  is  amended  to  read  as
follows:
  (b)  to permit a parent, or a person entitled to visitation OR PARENT-
ING TIME by a court order or a separation agreement, to visit the  child
at stated periods;
  S 36. Section 1030 of the family court act, as added by chapter 457 of
the  laws of 1988, and subdivisions (b) and (d) as amended by chapter 41
of the laws of 2010, is amended to read as follows:
  S 1030. Order of visitation OR PARENTING TIME by a respondent.  (a)  A
respondent  shall  have  the right to reasonable and regularly scheduled
visitation OR PARENTING TIME with a child in the temporary custody of  a
social  services  official pursuant to this part or pursuant to subdivi-
sion (d) of section one  thousand  fifty-one  of  this  article,  unless
limited by an order of the family court.
  (b)  A respondent who has not been afforded such visitation OR PARENT-
ING TIME may apply to the court for an order requiring the local  social
services official having temporary custody of the child pursuant to this
part or pursuant to subdivision (d) of section one thousand fifty-one of
this  article,  to  permit  the  respondent to visit the child at stated

A. 6457                            24

periods. Such application shall be made upon notice to the local  social
services  official and to any attorney appointed to represent the child,
who shall be afforded an opportunity to be heard thereon.
  (c)  A  respondent shall be granted reasonable and regularly scheduled
visitation OR PARENTING TIME unless the court  finds  that  the  child's
life  or  health  would  be  endangered thereby, but the court may order
visitation OR PARENTING TIME under the supervision of an employee  of  a
local  social  services  department  upon a finding that such supervised
visitation OR PARENTING TIME is in the best interest of the child.
  (d) An order made under this section may be modified by the court  for
good cause shown, upon application by any party or the child's attorney,
and upon notice of such application to all other parties and the child's
attorney, who shall be afforded an opportunity to be heard thereon.
  (e) An order made under this section shall terminate upon the entry of
an order of disposition pursuant to part five of this article.
  (F)  INTERFERENCE  WITH OR WITHHOLDING OF PARENTING TIME WITHOUT CAUSE
SHALL RESULT IN IMMEDIATE SANCTIONS. A JUDGE WHO SANCTIONS A  PARTY  FOR
FAILURE  TO  COMPLY WITH AN ORDER OF PARENTING TIME SHALL HAVE AVAILABLE
THE FOLLOWING REMEDIES:
  (1) AWARDING OF COUNSEL FEES OF THE AGGRIEVED PARTY AGAINST THE  PARTY
WHO VIOLATED THE TERMS OF THE ORDER;
  (2) MEDIATION EDUCATION;
  (3) COMMUNITY SERVICE;
  (4)  AWARDING  OF COMPENSATORY TIME WITH THE CHILD FOR WHICH THE PARTY
WAS DEPRIVED; AND
  (5) OTHER ECONOMIC SANCTIONS WHICH MAY BE DECIDED ON A  CASE  TO  CASE
BASIS.
  S  37.  Subdivision  (e)  of  section 1035 of the family court act, as
amended by chapter 526 of the laws  of  2003,  is  amended  to  read  as
follows:
  (e) The summons, petition and notice of pendency of a child protective
proceeding served on the child's non-custodial parent in accordance with
subdivision (d) of this section shall, if applicable, be served together
with  a  notice  that  the  child  was removed from his or her home by a
social services official. Such notice shall also include  the  name  and
address  of the official to whom temporary custody of the child has been
transferred, the name and address of the agency or  official  with  whom
the  child  has  been temporarily placed, if different, and shall advise
such parent of the right to request temporary and permanent custody  and
to seek enforcement of [visitation] PARENTING TIME rights with the child
as provided for in part eight of this article.
  S  38.    Paragraph (b) of subdivision 1 of section 1056 of the family
court act, as amended by chapter 483 of the laws of 1995, is amended  to
read as follows:
  (b)  to permit a parent, or a person entitled to visitation OR PARENT-
ING TIME by a court order or a separation agreement, to visit the  child
at stated periods;
  S  39. Part 8 of article 10 of the family court act, as added by chap-
ter 457 of the laws of 1988, subdivision 4 of  section  1081,  paragraph
(b) of subdivision 1, subdivision 2 of section 1082 and subdivision 4 of
section  1085  as amended by chapter 41 of the laws of 2010, and section
1085 as amended by chapter 378 of the laws of 1999, is amended  to  read
as follows:
                                 PART 8
                 VISITATION [OF] AND PARENTING TIME WITH
                          MINORS IN FOSTER CARE

A. 6457                            25

Section 1081. Visitation OR PARENTING TIME rights.
        1082.  Approval, modification or denial of visitation OR PARENT-
                ING TIME rights.
        1083. Duration of orders affecting visitation OR PARENTING  TIME
                rights.
        1084. Out-of-wedlock children; paternity.
        1085.  Visitation, PARENTING TIME and custody rights unenforcea-
                 ble; murder of parent, custodian, guardian, or child.
  S 1081. Visitation OR PARENTING TIME rights. 1. A non-custodial parent
or grandparent shall have the visitation OR PARENTING TIME rights with a
child remanded or placed in the  care  of  a  social  services  official
pursuant to this article as conferred by order of the family court or by
any  order  or  judgment  of  the supreme court, or by written agreement
between the parents as described in section two  hundred  thirty-six  of
the  domestic  relations  law,  subject to the provisions of section one
thousand eighty-two of this part.
  2. A non-custodial parent or any grandparent or grandparents who  have
not  been  afforded the visitation OR PARENTING TIME rights described in
subdivision one of this section, shall have the right  to  petition  the
court  for  enforcement  of  visitation  OR PARENTING TIME rights with a
child remanded or placed in the  care  of  a  social  services  official
pursuant  to  this  article, as such visitation OR PARENTING TIME rights
have been conferred by order of the family court  or  by  any  order  or
judgment  of  the  supreme  court,  or  by written agreement between the
parents as described in section two hundred thirty-six of  the  domestic
relations law.
  3.  (a)  The petition by a non-custodial parent shall allege that such
parent has [visitation] PARENTING TIME rights conferred by order of  the
family  court  or  by  any  order or judgment of the supreme court or by
written agreement between  the  parents  as  described  in  section  two
hundred  thirty-six  of the domestic relations law, shall have a copy of
such order,  judgment  or  agreement  attached  thereto,  shall  request
enforcement  of such rights pursuant to this part, and shall state, when
known by the petitioner, that [visitation] PARENTING  TIME  rights  with
the  child  by  any  grandparent  or grandparents have been conferred by
order of the supreme court or family court pursuant to section  seventy-
two  or  two  hundred  forty  of  the  domestic relations law, and shall
provide the name and address of such grandparent or grandparents.
  (b) A petition by a grandparent or grandparents shall allege that such
grandparent or grandparents have been granted visitation rights with the
child pursuant to section seventy-two or two hundred forty of the domes-
tic relations law, or subdivision (b) of section six  hundred  fifty-one
of this act, shall have a copy of such order or judgment attached there-
to, and shall request enforcement of such rights pursuant to this part.
  4.  The  petition  shall be served upon the respondent in a proceeding
under this article, the local social services official having  the  care
of  the  child, any grandparent or grandparents named in the petition as
having visitation rights conferred by court order  pursuant  to  section
seventy-two or two hundred forty of the domestic relations law, and upon
the child's attorney. The petition shall be served in such manner as the
court may direct.
  5.  Upon  receipt  of  such  petition  the court shall, subject to the
provisions of section one thousand eighty-two of this part, require that
any order of a family court or order or judgment of the  supreme  court,
or  any agreement between the parents as described in subdivision one of
this section, granting visitation OR PARENTING TIME rights to  the  non-

A. 6457                            26

custodial  parent,  grandparent  or grandparents, be incorporated in any
preliminary order or order of placement made under this article  to  the
extent  that  such  order,  judgment  or agreement confers visitation OR
PARENTING TIME rights. In any case where a dispositional hearing has not
been  held  or will not be held within thirty days of the filing of such
petition the court shall order the person, official, agency or  institu-
tion  caring  for the child pursuant to this article to comply with such
part of the order, judgment or agreement granting visitation OR  PARENT-
ING TIME rights. Violation of such order shall be punishable pursuant to
section seven hundred fifty-three of the judiciary law.
  S  1082.  Approval,  modification or denial of visitation OR PARENTING
TIME rights. 1.  (a) Upon receipt of a petition pursuant to  subdivision
four  of section one thousand eighty-one of this part, the local depart-
ment of social services shall make inquiry of the state central register
of child abuse and maltreatment to determine whether or  not  the  peti-
tioner  is  a subject of an indicated report of child abuse or maltreat-
ment, as such terms are defined in section four hundred  twelve  of  the
social  services  law,  and  shall  further ascertain whether or not the
petitioner is a respondent in a proceeding under  this  article  whereby
the  child  with  whom  visitation  OR PARENTING TIME is sought has been
allegedly abused or neglected or has been adjudicated as  an  abused  or
neglected child.
  (b)  The  department,  the  child's  attorney  and the respondent in a
proceeding under this article, shall have the right  to  be  heard  with
respect  to  a  petition for an order to enforce visitation OR PARENTING
TIME rights under this part.
  2. Where the local department of social services or the child's attor-
ney opposes a petition described in section one thousand  eighty-one  of
this  part,  the department or the child's attorney as appropriate shall
serve and file an answer to the petition.  The  court  shall,  upon  the
filing  of  such  answer,  set a date for a hearing on such petition and
shall notify the parents, grandparent or  grandparents,  the  department
and the child's attorney of such hearing date.
  3.  Whenever a hearing described in subdivision two of this section is
to be held within ten court days of a dispositional  hearing  authorized
under  this  article, the court may in its discretion hear such petition
as part of such dispositional hearing.
  4. In any hearing under this section, the  court  shall  approve  such
petition  unless  the  court finds upon competent, relevant and material
evidence that enforcement of visitation  OR  PARENTING  TIME  rights  as
described in the order, judgment or agreement would endanger the child's
life or health. Upon such a finding, the court shall make an order deny-
ing  such  petition  or  make  such other order affecting enforcement of
visitation OR PARENTING TIME rights as the court deems to be in the best
interests of the child.
  5. (a) Where a petition is  approved  pursuant  to  this  section  the
parties may agree in writing to an alternative schedule of visitation OR
PARENTING  TIME  equivalent to and consistent with the original or modi-
fied visitation OR PARENTING TIME order or agreement where such alterna-
tive schedule reflects changed  circumstances  of  the  parties  and  is
consistent with the best interests of the child.
  (b) In the absence of such an agreement between the parties, the court
may,  in  its discretion, order an alternative schedule of visitation OR
PARENTING TIME as defined herein, where it determines that such schedule
is necessary to facilitate visitation OR PARENTING TIME and  to  protect
the best interests of the child.

A. 6457                            27

  S  1083.  Duration  of  orders  affecting visitation OR PARENTING TIME
rights. 1. Where an order of the court has been  made  incorporating  an
order,  judgment  or  agreement  conferring visitation OR PARENTING TIME
rights with a child on a non-custodial  parent  or  grandparent  into  a
dispositional  order  under  this  article, or where the court otherwise
orders compliance by a person, official, agency  or  institution  caring
for  the child, with an order, judgment or agreement granting visitation
OR PARENTING TIME rights, such order shall  remain  in  effect  for  the
length  of time the child remains in such care pursuant to this article,
unless such order is subsequently modified by the court for  good  cause
shown.
  2.  Where the court makes an order denying a petition seeking enforce-
ment of visitation OR PARENTING TIME rights or makes an order  modifying
visitation  OR  PARENTING  TIME  rights,  pursuant  to the provisions of
section one thousand eighty-two of this part, such order shall remain in
effect for the length of time the child is placed with a  person,  offi-
cial,  agency or institution caring for the child pursuant to this arti-
cle, unless such order is subsequently modified by the  court  for  good
cause shown.
  S  1084. Out-of-wedlock children; paternity. No [visitation] PARENTING
TIME right shall be enforceable under this part  concerning  any  person
claiming  to  be  a parent of an out-of-wedlock child without an adjudi-
cation of the paternity of such person by a court of competent jurisdic-
tion, or without an acknowledgement of  the  paternity  of  such  person
executed pursuant to applicable provisions of law.
  S  1085.  Visitation, PARENTING TIME and custody rights unenforceable;
murder of parent, custodian,  guardian,  or  child.  1.  No  visitation,
PARENTING  TIME or custody order shall be enforceable under this part by
a person who has been convicted of murder in the first or second  degree
in this state, or convicted of an offense in another jurisdiction which,
if  committed in this state, would constitute either murder in the first
or second degree, of a parent, legal custodian, legal guardian, sibling,
half-sibling or step-sibling of the child unless:
  (i) (A) such child is of suitable age to signify assent and such child
assents to such visitation, PARENTING TIME or custody; or
  (B) if such child is not of suitable age to signify assent the child's
custodian or legal guardian assents to such order; or
  (C) the person who has been convicted of murder in the first or second
degree, or an offense in another jurisdiction which if committed in this
state, would constitute either murder in the first or second degree, can
prove by a preponderance of the evidence that:
  (1) he or she, or a family or household member of either party, was  a
victim of domestic violence by the victim of such murder; and
  (2)  the  domestic  violence was causally related to the commission of
such murder; and
  (ii) the court finds that such visitation, PARENTING TIME  or  custody
is in the best interest of the child.
  2.  Pending determination of a petition for visitation, PARENTING TIME
or custody such child shall not visit and no person  shall  visit,  with
such  child  present, such person, legal guardian or legal custodian who
has been convicted of murder in the  first  or  second  degree  in  this
state, or an offense in another jurisdiction which, if committed in this
state,  would constitute either murder in the first or second degree, of
the other parent, legal guardian, legal custodian, sibling, half-sibling
or step-sibling of such child,  without  the  consent  of  such  child's
custodian or legal guardian.

A. 6457                            28

  3.  Nothing  contained in this section shall be construed to require a
court, without petition from any of the interested parties, to review  a
previously  issued  order  of  visitation,  PARENTING TIME or custody or
denial of such petition.
  4. For the purposes of making a determination pursuant to subparagraph
(C) of paragraph (i) of subdivision one of this section, the court shall
not  be  bound  by  the findings of fact, conclusions of law or ultimate
conclusion as determined by the proceedings leading to the conviction of
murder in the first or second degree in this state or of an  offense  in
another jurisdiction which, if committed in this state, would constitute
murder  in either the first or second degree, of a parent, legal guardi-
an, legal custodian, sibling, half-sibling or step-sibling  of  a  child
who  is  the  subject  of  the proceeding. In all proceedings under this
section, an attorney shall be appointed for the child.
  S 40. The domestic relations law is amended by adding  a  new  section
242 to read as follows:
  S  242.  MATRIMONIAL  ACTIONS INVOLVING CUSTODY OF CHILDREN; MEDIATION
AND FAMILY COUNSELLING. IN ANY MATRIMONIAL ACTION INVOLVING THE  CUSTODY
OF  CHILDREN, THE COURT SHALL DIRECT THE PARTIES TO ATTEND MEDIATION AND
FAMILY COUNSELLING SESSIONS PRIOR TO THE ENTRY OF ANY  ORDERS  OR  JUDG-
MENTS, EXCEPT FOR TEMPORARY ORDERS OF PROTECTION OR SUPPORT, AS PROVIDED
FOR  IN  THE  RULES  OF THE CHIEF ADMINISTRATOR OF THE COURTS, WHO SHALL
PROMULGATE RULES AND REGULATIONS THEREFOR.
  S 41. Clause (i) of subparagraph 5 of paragraph (b) of subdivision 1-b
of section 240 of the domestic relations law, as added by chapter 567 of
the laws of 1989, is amended to read as follows:
  (i) gross (total) income LESS ANY FEDERAL, STATE, AND  LOCAL  PERSONAL
INCOME  TAXES  PAID  AND  CONTRIBUTIONS REQUIRED PURSUANT TO THE FEDERAL
INSURANCE CONTRIBUTIONS ACT (SOCIAL SECURITY AND  MEDICARE),  as  should
have  been  or  should be reported in the most recent federal income tax
return. If an individual files his/her federal income tax  return  as  a
married  person filing jointly, such person shall be required to prepare
a form, sworn to under penalty of law, disclosing his/her  gross  income
individually;
  S  42.  Subdivision 11 of section 111-h of the social services law, as
amended by chapter 502 of the laws  of  1990,  is  amended  to  read  as
follows:
  11.  The  department may provide for the performance of the collection
and disbursement functions of the support collection units  by  contract
with a fiscal agent. For purposes of any reference to support collection
unit  in  this chapter or any other law, the fiscal agent under contract
with the department shall be deemed to be part of all support collection
units for which the fiscal agent performs  collection  and  disbursement
functions.  THE DEPARTMENT SHALL PROVIDE BY RULE FOR AN ANNUAL AUDIT AND
PERFORMANCE APPRAISAL OF EACH FISCAL AGENT.
  S 43. The family court act is amended by adding a new section 385.3 to
read as follows:
  S 385.3. EVIDENCE. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A FAMI-
LY  COURT  JUDGE SHALL, IN EVERY PROCEEDING AND HEARING UNDER HIS OR HER
JURISDICTION, REVIEW ALL EVIDENCE INCLUDING LAW GUARDIAN REPORTS,  CHILD
ADVOCATE REPORTS, PHYSICIAN REPORTS, PSYCHOLOGIST REPORTS AND COUNSELING
REPORTS,  AS  WELL  AS  ALL  THIRD  PARTY  COMMUNICATIONS RELATED TO THE
PROCEEDING OR HEARING.
  S 44. Subdivision (a) of section 418  of  the  family  court  act,  as
amended  by  chapter  214  of  the  laws  of 1998, is amended to read as
follows:

A. 6457                            29

  (a) The court, on its own motion or motion of any party, when paterni-
ty is contested, shall order the  mother,  the  child  and  the  alleged
father  to submit to one or more genetic marker or DNA marker tests of a
type generally acknowledged as reliable by an accreditation body  desig-
nated  by  the  secretary  of the federal department of health and human
services and performed by a laboratory approved by such an accreditation
body and by the commissioner of health or by a duly qualified  physician
to  aid  in the determination of whether the alleged father is or is not
the father of the child. No such test shall be ordered, however, upon  a
written finding by the court that it is not in the best interests of the
child  on  the basis of res judicata, equitable estoppel or the presump-
tion of legitimacy of a child born to a married  woman.  The  record  or
report  of  the  results of any such genetic marker or DNA test shall be
received in evidence, pursuant to subdivision  (e)  of  rule  forty-five
hundred  eighteen  of  the  civil practice law and rules where no timely
objection in writing has been made thereto. Any order pursuant  to  this
section  shall  state  in  plain  language that the results of such test
shall be admitted into evidence, pursuant  to  rule  forty-five  hundred
eighteen  of  the  civil practice law and rules absent timely objections
thereto and that if such timely objections are not made, they  shall  be
deemed  waived  and  shall  not be heard by the court.  If the record or
report of results of any such genetic marker or DNA test or tests  indi-
cate at least a ninety-five percent probability of paternity, the admis-
sion  of  such record or report shall create a rebuttable presumption of
paternity, and, if unrebutted, shall  establish  the  paternity  of  and
liability  for the support of a child pursuant to this article and arti-
cle five of this act.  IF CHILD SUPPORT IS BEING PAID AND THE RECORD  OR
REPORT  OF  RESULTS  OF  ANY  GENETIC MARKER OR DNA TEST OR TESTS DO NOT
INDICATE AT LEAST A NINETY-FIVE PERCENT  PROBABILITY  OF  PATERNITY,  IF
UNREBUTTED,  THE  COURT SHALL ORDER THE IMMEDIATE CESSATION OF ALL CHILD
SUPPORT REGARDLESS OF THE LENGTH OF TIME THAT  CHILD  SUPPORT  HAS  BEEN
PAID,  EXCEPT  IN  A  CASE WHERE A SPERM DONOR WAS USED AND THE PUTATIVE
FATHER WAS AWARE OF AND CONSENTED TO SUCH USE IN WHICH CASE THERE  SHALL
NOT BE A CESSATION OF SUPPORT.
  S  45.  The  domestic relations law is amended by adding a new section
74-a to read as follows:
  S 74-A. PARENTAL ACCESS TO INFORMATION. UNLESS PROHIBITED  BY  FEDERAL
OR  STATE LAW, A PARENT SHALL HAVE COMPLETE ACCESS TO RECORDS AND INFOR-
MATION PERTAINING TO THE HEALTH, EDUCATION AND WELFARE  OF  HIS  OR  HER
MINOR  CHILD,  REGARDLESS  OF  WHETHER OR NOT HE OR SHE IS THE CUSTODIAL
PARENT, UNLESS A COURT DECREES THAT ACCESS TO THE INFORMATION IS NOT  IN
THE BEST INTEREST OF THE CHILD.
  S  46. Subparagraph 3 of paragraph (b) of subdivision 1 of section 413
of the family court act, as amended by chapter 567 of the laws of  1989,
is amended to read as follows:
  (3) "Child support percentage" shall mean:
  (i)  seventeen  percent of the combined parental income for one child,
EXCEPT IN A CASE OF SHARED PARENTING IN WHICH CASE TEN  PERCENT  OF  THE
COMBINED PARENTAL INCOME FOR ONE CHILD;
  (ii) twenty-five percent of the combined parental income for two chil-
dren, EXCEPT IN A CASE OF SHARED PARENTING IN WHICH CASE SIXTEEN PERCENT
OF THE COMBINED PARENTAL INCOME FOR TWO CHILDREN;
  (iii)  twenty-nine  percent  of the combined parental income for three
children, EXCEPT IN A CASE OF SHARED PARENTING IN WHICH CASE  TWENTY-SIX
PERCENT OF THE COMBINED PARENTAL INCOME FOR THREE CHILDREN;

A. 6457                            30

  (iv) thirty-one percent of the combined parental income for four chil-
dren; and
  (v)  no  less than thirty-five percent of the combined parental income
for five or more children.
  IN ADDITION TO THE PERCENTAGES ESTABLISHED IN  THIS  SUBPARAGRAPH  FOR
SHARED PARENTING, THE COURT MAY INCLUDE AN ADDITIONAL SEVEN PERCENT UPON
THE DEMONSTRATION OF NECESSITY, BASED UPON RECEIPTS, FOR CLOTHING, CARE,
MEDICAL   ATTENTION,  THE  EXPENSE  OF  EDUCATION,  PAYMENT  OF  FUNERAL
EXPENSES, AND OTHER PROPER AND REASONABLE EXPENSES.
  S 47. Paragraph (c) of subdivision 1 of  section  413  of  the  family
court act is amended by adding a new subparagraph 8 to read as follows:
  (8)  WHERE THE COURT DETERMINES THAT THE CUSTODIAL PARENT WILL RECEIVE
TAX SAVINGS BECAUSE OF BEING ABLE TO FILE AS HEAD OF A HOUSEHOLD, TAKE A
CHILD RELATED TAX DEDUCTION AND/OR TAKE A CHILD  RELATED  EARNED  INCOME
TAX  CREDIT,  THE  COURT  SHALL  ADD  THE  AMOUNT SAVED TO THE CUSTODIAL
PARENT'S INCOME WHEN DETERMINING COMBINED PARENTAL INCOME.
  S 48. Section 413 of the family court act is amended by adding  a  new
subdivision 2-a to read as follows:
  2-A.  NOTHING IN THIS ARTICLE SHALL IMPOSE ANY LIABILITY UPON A PERSON
TO SUPPORT ANY MINOR CHILD WHO  HAS  BECOME  EMANCIPATED,  MARRIED,  HAS
CEASED TO ATTEND SCHOOL, OR WHO, IF IT HAS BEEN DETERMINED BY THE COURT,
HAS  BECOME  SELF-SUPPORTING. SUCH LIABILITY SHALL NOT BE IMPOSED FOR SO
LONG AS THE MINOR REMAINS EMANCIPATED, MARRIED,  HAS  CEASED  TO  ATTEND
SCHOOL OR IS SELF-SUPPORTING.
  S  49. Paragraph (e) of subdivision 4-a of section 111-b of the social
services law, as added by chapter 398 of the laws of 1997, is amended to
read as follows:
  (e)  Information maintained as part of the state case  registry  shall
be made available to other state and federal agencies as provided for in
federal statutes and regulations promulgated by the federal secretary of
health  and human services.  EVERY JANUARY, MAY AND SEPTEMBER, A SUPPORT
PAYER'S INFORMATION SHALL BE MAILED TO HIM OR HER BY  FIRST  CLASS  MAIL
FROM  THE  NEW  YORK  STATE CHILD SUPPORT COLLECTION UNIT TO THE SUPPORT
OBLIGOR'S KNOWN HOME ADDRESS OR SUCH OTHER PLACE WHERE THE SUPPORT OBLI-
GOR IS LIKELY TO RECEIVE FIRST CLASS  MAIL.    THIS  SHALL  INCLUDE  ALL
PAYMENTS, INCLUDING ARREARAGES, RECEIVED BY THE CHILD SUPPORT COLLECTION
UNIT.
  S  50.  Subdivision  (a)  of section 458-a of the family court act, as
amended by chapter 624 of the laws  of  2002,  is  amended  to  read  as
follows:
  (a) If the respondent has accumulated support arrears equivalent to or
greater  than  the  amount  of support due pursuant to court order for a
period of four months, the court may order the department of motor vehi-
cles to suspend the respondent's driving privileges, and if  such  order
issues, the respondent may apply to the department of motor vehicles for
a  restricted use license pursuant to section five hundred thirty of the
vehicle and traffic law.  IF THE COURT FINDS THAT THE RESPONDENT HAS  IN
THE  PAST BEEN TIMELY IN PAYING HIS OR HER SUPPORT DUE THEN THE RESPOND-
ENT'S DRIVING PRIVILEGES CANNOT BE  SUSPENDED  WITHOUT  A  HEARING.  The
court  may  at  any  time  upon payment of arrears or partial payment of
arrears by the respondent order the  department  of  motor  vehicles  to
terminate   the  suspension  of  respondent's  driving  privileges.  For
purposes of  determining  whether  a  support  obligor  has  accumulated
support  arrears equivalent to or greater than the amount of support due
for a period of four months, the  amount  of  any  retroactive  support,
other  than periodic payments of retroactive support which are past due,

A. 6457                            31

shall not be included in the calculation of support arrears pursuant  to
this section.
  S 51. Subdivision 1 of section 454 of the family court act, as amended
by chapter 892 of the laws of 1986, is amended to read as follows:
  1. If a respondent is brought before the court for failure to obey any
lawful  order of support [and if, after hearing,] THE PARTIES CAN CHOOSE
TO HAVE A HEARING BEFORE THE COURT OR TO GO THROUGH  AN  ARBITRATOR,  IN
ORDER  TO  AVOID A COURT APPEARANCE.  AN ARBITRATOR SHALL BE ESTABLISHED
THROUGH CHILD SUPPORT COLLECTION TO ARBITRATE DISPUTES  WHEN  THERE  ARE
ACCUSATIONS OF CHILD SUPPORT ARREARAGE IN ORDER TO AVERT A COURT APPEAR-
ANCE.   IF the court is satisfied by competent proof that the respondent
has failed to obey any such order, the court may use any or all  of  the
powers  conferred  upon  it by this part. The court has the power to use
any or all enforcement powers in every proceeding brought for  violation
of  a  court order under this part regardless of the relief requested in
the petition.
  S 52. Paragraph (a) of subdivision 3 of  section  454  of  the  family
court  act, as amended by chapter 892 of the laws of 1986, is amended to
read as follows:
  (a) commit the respondent to jail for a term not to exceed six months.
For purposes of this subdivision, failure to pay  support,  as  ordered,
shall  constitute prima facie evidence of a willful violation.  HOWEVER,
THE COURT SHALL CONSIDER REAL CIRCUMSTANCES WHEN FINDING THAT A RESPOND-
ENT HAS FAILED TO COMPLY WITH ANY LAWFUL ORDER OF SUPPORT, SUCH AS  THAT
A PARENT PRESENTLY HAS VOLUNTARILY OR INVOLUNTARILY REDUCED RESOURCES OR
INCOME.  Such  commitment  may  be served upon certain specified days or
parts of days as the court may direct, and the court may,  at  any  time
within  the term of such sentence, revoke such suspension and commit the
respondent for the remainder of the original sentence,  or  suspend  the
remainder  of  such sentence. Such commitment does not prevent the court
from subsequently committing the respondent for  failure  thereafter  to
comply with any such order; or
  S  53.  Section 451 of the family court act, as amended by chapter 182
of the laws of 2010, is amended to read as follows:
  S 451. Continuing jurisdiction. 1. (A) Except as provided  in  article
five-B  of  this  act,  the  court  has continuing jurisdiction over any
support proceeding brought under this  article  until  its  judgment  is
completely  satisfied  and  may  modify,  set  aside or vacate any order
issued in the course of the  proceeding,  provided,  however,  that  the
modification,  set  aside  or  vacatur  shall  not reduce or annul child
support arrears accrued prior to the making of an  application  pursuant
to  this  section. The court shall not reduce or annul any other arrears
unless the defaulting party shows good cause for failure to make  appli-
cation  for relief from the judgment or order directing payment prior to
the accrual of the arrears, in which case the  facts  and  circumstances
constituting  such good cause shall be set forth in a written memorandum
of decision. A modification may increase support payments nunc pro  tunc
as  of  the  date  of the initial application for support based on newly
discovered evidence. Any retroactive amount of support due shall be paid
and be enforceable as provided in section four  hundred  forty  of  this
article.  Upon an application to modify, set aside or vacate an order of
support, no hearing shall be required unless such application  shall  be
supported  by  affidavit  and  other  evidentiary material sufficient to
establish a prima facie case for the relief requested.
  (B) ONCE A YEAR, A MOTION MAY BE MADE BY A CHILD  SUPPORT  OBLIGOR  TO
REQUIRE  AN  ACCOUNTING  BY  THE  PARENT  RECEIVING THE CHILD SUPPORT ON

A. 6457                            32

BEHALF OF THE CHILD OR CHILDREN. THE ACCOUNTING SHALL  ACCOUNT  FOR  ALL
FUNDS  EXPENDED  ON THE CHILD OR CHILDREN AND SHALL BE USED BY THE COURT
IN DETERMINING WHETHER THE FUNDS ARE BEING MISUSED OR NOT FULFILLING THE
CHILD'S  OR  CHILDREN'S  NEEDS. THE ACCOUNTING SHALL INCLUDE, BUT NOT BE
LIMITED TO, THE DISPOSITION OF ALL FUNDS PAID BY THE CHILD SUPPORT OBLI-
GOR AND ALL FUNDS EXPENDED ON BEHALF  OF  THE  CHILD  OR  CHILDREN.  ANY
MOTION  FILED  BY  A  CHILD SUPPORT OBLIGOR PURSUANT TO THIS SUBDIVISION
SHALL BE ACCOMPANIED BY A SWORN AFFIDAVIT THAT THE OBLIGOR  HAS  REASON-
ABLE GROUNDS TO QUESTION WHETHER THE CHILD SUPPORT FUNDS ARE BEING SPENT
APPROPRIATELY AND SHALL STATE THE GROUNDS IN THE AFFIDAVIT.
  2.  (a)  The  court may modify an order of child support, including an
order incorporating without merging an agreement or stipulation  of  the
parties,  upon  a  showing  of  a  substantial  change in circumstances.
Incarceration shall not be a bar to  finding  a  substantial  change  in
circumstances  provided such incarceration is not the result of non-pay-
ment of a child support order,  or  an  offense  against  the  custodial
parent or child who is the subject of the order or judgment.
  (b) In addition, unless the parties have specifically opted out of the
following  provisions  in  a  validly  executed agreement or stipulation
entered into between the parties, the court may modify an order of child
support where:
  (i) three years have passed since the order was entered, last modified
or adjusted; or
  (ii) there has been a change in either party's gross income by fifteen
percent or more since the order was entered, last modified, or adjusted.
A reduction in income shall not be considered as a ground for  modifica-
tion  unless it was involuntary and the party has made diligent attempts
to secure employment commensurate with his or  her  education,  ability,
and experience.
  S  54.  The  closing  paragraph of subdivision 1 of section 460 of the
family court act, as amended by chapter 815 of  the  laws  of  1987,  is
amended to read as follows:
and the party defaults in paying any sum of money due as required by the
order  directing  the  payment thereof, the court, without regard to the
amount due, shall make an order directing the entry of judgment for  the
amount  of child support arrears, together with costs and disbursements.
THIS JUDGMENT SHALL BE DIRECTED TO BE PAID EACH MONTH, AT A RATE NOT  TO
EXCEED  TEN  PERCENT  OF  THE  DEFAULTING  PARTY'S REGULAR MONTHLY CHILD
SUPPORT PAYMENT, UNTIL THE ARREARS ARE PAID. The  court  shall  make  an
order  directing  the entry of judgment for the amount of arrears of any
other payments so  directed,  together  with  costs  and  disbursements,
unless  the defaulting party shows good cause for failure to make appli-
cation for relief from the judgment  or  order  directing  such  payment
prior  to the accrual of such arrears. The court shall not make an order
reducing or [cancelling] CANCELING such arrears  unless  the  facts  and
circumstances  constituting  good cause are set forth in a written memo-
randum of decision. The application for such order shall  be  made  upon
such  notice  to the party or other person as the court may direct. Such
judgment shall provide for the payment of interest on the amount of  any
arrears  if  the default was willful, in that the defaulting party know-
ingly, consciously and voluntarily disregarded the  obligation  under  a
lawful  court  order.  Such  interest shall be computed from the date on
which the payment was due, at the prevailing rate of interest  on  judg-
ments as provided in the civil practice law and rules.
  S 55. This act shall take effect on the first of January next succeed-
ing  the  date  on  which  it shall have become a law, provided that the

A. 6457                            33

amendments to subdivision (a) of section 439 of  the  family  court  act
made  by  section twenty-one of this act shall be subject to the expira-
tion and reversion of such subdivision pursuant  to  subdivision  19  of
section  246  of  chapter  81 of the laws of 1995, as amended, when upon
such date the provisions of section twenty-two of this  act  shall  take
effect  and  provided further that any and all rules and regulations and
any other measures necessary to implement this act on its effective date
may be promulgated or taken on or before such date.