Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Nov 20, 2015 |
signed chap.492 |
Nov 10, 2015 |
delivered to governor |
Jun 15, 2015 |
returned to senate passed assembly ordered to third reading rules cal.298 substituted for a7644 |
Jun 11, 2015 |
referred to codes delivered to assembly passed senate |
May 20, 2015 |
advanced to third reading |
May 19, 2015 |
2nd report cal. |
May 18, 2015 |
1st report cal.693 |
Apr 29, 2015 |
referred to children and families |
Senate Bill S5054
Signed By Governor2015-2016 Legislative Session
Sponsored By
(D) 22nd Senate District
Archive: Last Bill Status - Signed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
co-Sponsors
(R, C) 60th Senate District
2015-S5054 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7644
- Law Section:
- Family Court Act
- Laws Affected:
- Amd §1051, Fam Ct Act; amd §221-a, Exec L
2015-S5054 (ACTIVE) - Sponsor Memo
BILL NUMBER:S5054 TITLE OF BILL: An act to amend the family court act and the executive law, in relation to severe child abuse and orders of protection in child abuse and neglect cases This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of her Family Court Advisory and Rules Committee. Two serious limitations hamper Family Court's ability to fulfill its statutory mandate to "help protect children from injury and maltreatment and to help safeguard their physical, mental, and emotional well-being." Family Court Act § 1011. A series of amendments to statutory provisions regarding severe and repeated child abuse have left one significant gap in law unaddressed, that is, the lack of authorization for Family Court to render an enhanced finding with respect to a respondent in a child abuse case who is not a parent of the child. Moreover, Executive Law § 221-a specifically excludes orders of protection issued in child abuse and neglect cases from entry onto the statewide automated registry of orders of protection and warrants. The instant measure would rectify both of these gaps in the law.
2015-S5054 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5054 2015-2016 Regular Sessions I N S E N A T E April 29, 2015 ___________ Introduced by Sen. FELDER -- (at request of the Office of Court Adminis- tration) -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families AN ACT to amend the family court act and the executive law, in relation to severe child abuse and orders of protection in child abuse and neglect cases THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision (e) of section 1051 of the family court act, as amended by chapter 430 of the laws of 2013, is amended to read as follows: (e) If the court makes a finding of abuse, it shall specify the para- graph or paragraphs of subdivision (e) of section one thousand twelve of this act which it finds have been established. If the court makes a finding of abuse as defined in paragraph (iii) of subdivision (e) of section one thousand twelve of this act, it shall make a further finding of the specific sex offense as defined in article one hundred thirty of the penal law. In addition to a finding of abuse, the court may enter a finding of severe abuse or repeated abuse, as defined in subparagraphs (i), (ii) and (iii) of paragraph (a) or subparagraphs (i) and (ii) of paragraph (b) of subdivision eight of section three hundred eighty-four-b of the social services law, which shall be admissible in a proceeding to terminate parental rights pursuant to paragraph (e) of subdivision four of section three hundred eighty-four-b of the social services law; PROVIDED, HOWEVER, THAT A FINDING OF SEVERE OR REPEATED ABUSE UNDER THIS SECTION MAY BE MADE AGAINST ANY RESPONDENT AS DEFINED IN SUBDIVISION (A) OF SECTION ONE THOUSAND TWELVE OF THIS ACT. If the court makes such additional finding of severe abuse or repeated abuse, the court shall state the grounds for its determination, which shall be based upon clear and convincing evidence. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09651-01-5
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.