Bill S5202A-2013

Relates to orders of protection in termination of parental rights proceedings, child protective proceedings and permanency hearings regarding children freed for adoption

Relates to orders of protection in termination of parental rights proceedings, child protective proceedings and permanency hearings regarding children freed for adoption.

Details

Actions

  • Mar 27, 2014: referred to children and families
  • Mar 27, 2014: DELIVERED TO ASSEMBLY
  • Mar 27, 2014: PASSED SENATE
  • Mar 19, 2014: ADVANCED TO THIRD READING
  • Mar 18, 2014: 2ND REPORT CAL.
  • Mar 17, 2014: 1ST REPORT CAL.286
  • Feb 19, 2014: PRINT NUMBER 5202A
  • Feb 19, 2014: AMEND AND RECOMMIT TO CHILDREN AND FAMILIES
  • Jan 8, 2014: REFERRED TO CHILDREN AND FAMILIES
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • Jun 4, 2013: referred to children and families
  • Jun 4, 2013: DELIVERED TO ASSEMBLY
  • Jun 4, 2013: PASSED SENATE
  • Jun 3, 2013: ADVANCED TO THIRD READING
  • May 30, 2013: 2ND REPORT CAL.
  • May 29, 2013: 1ST REPORT CAL.786
  • May 14, 2013: REFERRED TO CHILDREN AND FAMILIES

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Children and Families - Mar 17, 2014
Ayes (6): Felder, Bonacic, Savino, Young, Montgomery, Tkaczyk

Memo

BILL NUMBER:S5202A

TITLE OF BILL: An act to amend the family court act, the social services law and the executive law, in relation to orders of protection in termination of parental rights proceedings, child protective proceedings and permanency hearings regarding children freed for adoption

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.

Generally, the conclusion of a termination of parental rights proceeding marks the beginning of a new phase for a child in foster care, a significant step toward a stable, permanent home, most often through adoption. Sometimes, particularly in the case of kinship adoptions or mediated agreements, permanency is achieved with the understanding, agreed upon by everyone involved, that some contact should continue with the child's birth family and that such contact would be in the child's best interests. However, in some instances, continuing contact with the birth family would endanger the child and destabilize his or her new family. Indeed, in rare cases, stalking behavior by disturbed birth parents has posed a serious impediment to adoption of their children, causing ambivalence in prospective adoptive parents about whether to finalize an adoption and serious upset and harm to the children themselves. Unfortunately, since prospective adoptive or foster parents do not meet the definition of family under Article 8 of the Family Court Act, the current statutory structure provides no vehicle to protect children and their new families short of criminal prosecution for a non-family offense.

Another problem for victims of family violence, both adults and children, in child protective cases is the heavy burden created by the extremely short duration of orders of protection against family members, a period far shorter than applicable periods for orders in family offense, custody, visitation, child support and paternity proceedings. Section 1056(1) of the Family Court Act authorizes an order of protection against respondent parents, persons legally responsible for a child's care and such persons' spouses in child neglect and abuse proceedings to last only as long as a child protective dispositional order.

See Matter of Kole HH, 84 A.D.3d 1518 (3rd Dept., 2011); Matter of Patricia B., 61 A.D.3d 861 (2d Dept., 2009), lye. app. denied, 13 N.Y.3d 713 (2009); Matter of Andrew Y., 44 A.D.3d 1063 (2d Dept., 2007); Matter of Candace S., 38 A.D.3d 786 (2d Dept., 2007), lye. app. denied, 9 N.Y.3d 805 (2007); Matter of Amanda WW., 43 A.D.3d 1256 (3rd Dept., 2007); Matter of Collin H., 28 A.D.3d 806 (3rd Dept., 2006). Dispositions in child protective cases include, inter alia, release of a child under supervision for one year, subject to a one-year extension, or placement of a child until the next permanency hearing. Permanency hearings must be convened for children in foster care, as well as children directly placed with relatives and other "suitable persons," once they have been in care for eight months and then every six months thereafter. See Family Court Act §§ 1052,1054, 1055, 1057, 1089. These time limits are in sharp contrast to the duration limits of family offense orders of protection, which were

extended by the Legislature in 2003 to up to two years or, if aggravating circumstances or a violation of an order of protection are found, up to five years. See Family Court Act § 842 (L. 2003, c. 579). Orders of protection in custody, visitation and other civil proceedings in Supreme and Family Court may last for specified periods until the youngest child in the household reaches majority.

This measure would create a Family Court remedy for these deficiencies. First, it would amend the termination of parental rights and permanent neglect statutes, Family Court Act § 634 and Social Services Law § 384-b, to add authority for Family Court, for good cause after giving the birth parent notice and an opportunity to be heard, to issue an order of protection in conjunction with an order of disposition committing guardianship and custody of the child. The order of protection may, among other conditions, bar a birth parent from contact with the child and the child's foster or pre-adoptive parent and may last for a period of up to five years or until the date on which the youngest child in the household turns eighteen, whichever is earlier. Second, this measure would amend Family Court Act § 1089 to authorize issuance of such an order as part of the disposition of a permanency hearing. Third, the measure would amend Family Court Act 1056 to add a condition to orders of protection in child protective proceedings requiring respondent to stay away, inter alia, from a "person with whom the child has been paroled, remanded, placed or released by the court..."

That children and their new families are sometimes in critical need of these protections is clear. Family Courts have had tragic cases in which disturbed birth parents, whose rights had been terminated, contacted children at their schools, followed them home from school, accosted them when playing outside their homes, called them repeatedly on their cell-phones and scared them at home upon having a third party knock on their door on a pretext. While not frequent, such instances cry out for legal remedies. Families in such situations should not be forced to pursue criminal prosecutions as their only means of obtaining relief to keep their children and families safe.

Fourth, as the law now provides for orders of protection in family offense cases, this measure would permit such orders issued in child protective proceedings against respondent parents to last up to two years or, or, upon findings of aggravating circumstances or a violation of an order of protection, up to five years. Such orders could be extended upon judicial review, with notice to all affected parties, in the context of a permanency hearing under Article 10-A of the Family Court Act or other post-dispositional proceeding under Article 10. Orders of protection against non-parents could last for any designated period up until the eighteenth birthday of the youngest child in the household pursuant to section 1056(4) of the Family Court Act. To provide an avenue for review, this measure would explicitly permit a restrained party to return to court for modification or vacatur of an order of protection upon a showing of a substantial change of circumstances. Concomitantly, orders of protection in permanent neglect and other termination of parental rights proceedings could be issued for periods of up to five years. These provisions for time-limited orders would, therefore, meet the criticisms voiced by the Court of Appeals in Matter of Sheena D., 8 N.Y.3d 136 (2007),

regarding lengthy orders of protection not subject to judicial scrutiny.

Finally, to optimize their effectiveness, this measure would require all of these orders of protection to be entered onto the statewide registry of orders of protection and warrants. The importance of such entry cannot be overemphasized. Domestic violence often is inextricably linked with child abuse and victims of domestic violence in child abuse and neglect cases, including victims who may be respondents in these proceedings, require as much protection from their abusers as in other proceedings .* If a child neglect proceeding is brought against an abuser, the order of protection issued to protect both the abuse victim and the children should provide as much protection as orders of protection issued in family offense and all other cases - a precept that compels inclusion of the order on the statewide domestic violence registry and, consequently, on the Federal "Protection Order File" as well. That domestic violence and child abuse frequently coexist in homes has been widely recognized, with estimates of the overlap ranging from 40% to 60%.** Research has estimated that children are abused at a rate 1,500 times higher than the national average in homes where domestic violence is also present.*** Significantly, child sexual abuse has also been closely correlated with domestic violence.**** Therefore, inclusion of orders of protection in such cases on the registry will significantly advance the Legislature's goal of providing an integrated response in all family violence cases and of protecting all victims of domestic abuse, both parents and children, from suffering further violence.

This measure, which would have no fiscal impact upon the State, would take effect 90 days after becoming a law.

Legislative History:

None. New proposal.

* Victims of domestic violence may not be charged with child neglect by reason of their children's exposure to domestic violence, unless they have failed to exercise a minimum degree of care and unless the child is thereby placed in imminent risk of impairment. Nicholson v. Scoppetta, 3 N.Y.3d 357 (2004). However, there are respondents in neglect and abuse proceedings, who are themselves also victims of family offenses, who should be able to obtain protection for themselves and their children without the burden of initiating separate family offense proceedings in order to obtain this relief.

** See "The Impact of Domestic Violence on Children: A Report to the President of the American Bar Association" (Amer. Bar Assoc , 1994), p. 18; "Diagnostic and Treatment Guidelines on Domestic Violence" (Amer. Medical Assoc.,1992) See also M, Fields, "The Impact of Spouse Abuse on Children, and its Relevance in Custody and Visitation Decisions in New York State," 3 Cornell J. of Law and Pub. Policy 222, 224 (1994); A. Jones, Next Time She'll be Dead 84 (1994) (citing, E. Stark and A. Flitcraft, "Women and Children at Risk: A Feminist Perspective on Child Abuse," 18 Intl I Health Services 1:97 (1988); L. McKibben, et al., "Victimization of Mothers of Abused Children: A

Controlled Study," 84 Pediatrics #3 (1989); L. Walker, The Battered Woman Syndrome 59 (1984)).

*** "The Violence Against Women Act of 1990: Hearings on S. 2754," Senate Committee on the Judiciary, Report 1-545, 101st Cong,, 2d Sess 37 (1990)(cited in J. Zorza, "Woman Battering: A Major Cause of Homelessness," Clearinghouse Review (Special Issue, 1991))

**** L. Hoff, Battered Women as Survivors 240 (1990); M. Roy, Children in the Crossfire 89-90 (1988); Hewitt and Friedrich, "Effects of Probable Sexual Abuse on Preschool Children," in M.Q. Patton, ed., Family Sexual Abuse 59-74 (1991) (cited in J. Zorza, supra, at 424-425).


Text

STATE OF NEW YORK ________________________________________________________________________ 5202--A 2013-2014 Regular Sessions IN SENATE May 14, 2013 ___________
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 -- recommitted to the Committee on Children and Families in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the family court act, the social services law and the executive law, in relation to orders of protection in termination of parental rights proceedings, child protective proceedings and perman- ency hearings regarding children freed for adoption THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 634 of the family court act, as amended by chapter 666 of the laws of 1976, is amended to read as follows: S 634. Commitment of guardianship and custody; further orders. The court may enter an order under section six hundred thirty-one OF THIS ARTICLE committing the guardianship and custody of the child to the petitioner on such conditions, if any, as it deems proper. FOR GOOD CAUSE SHOWN, THE COURT MAY ISSUE A TEMPORARY ORDER OF PROTECTION OR, UPON DISPOSITION, AN ORDER OF PROTECTION TO PROTECT THE CHILD AND THE CHILD'S FOSTER OR PRE-ADOPTIVE PARENT OR PARENTS AND OTHER DESIGNATED MEMBERS OF THE HOUSEHOLD IN WHICH THE CHILD RESIDES. THE ORDER MAY DIRECT THE RESPONDENT TO OBSERVE REASONABLE CONDITIONS THAT MAY INCLUDE, AMONG OTHERS, THAT THE RESPONDENT STAY AWAY FROM THE CHILD AND FROM THE HOME, SCHOOL, BUSINESS OR PLACE OF EMPLOYMENT OF THE CHILD OR THE CHILD'S FOSTER OR PRE-ADOPTIVE PARENT OR PARENTS OR OTHER DESIGNATED MEMBERS OF THE HOUSEHOLD IN WHICH THE CHILD RESIDES. PRIOR TO ISSUING THE ORDER, THE COURT SHALL INQUIRE AS TO THE EXISTENCE OF ANY OTHER ORDERS OF PROTECTION INVOLVING THE PARTIES AND SHALL GIVE THE RESPONDENT NOTICE AND AN OPPORTUNITY TO BE HEARD. THE COURT SHALL STATE ITS REASONS ON THE RECORD FOR ISSUING THE ORDER. AN ORDER OF PROTECTION ISSUED UNDER
THIS SECTION MAY REMAIN IN EFFECT FOR A PERIOD OF UP TO FIVE YEARS OR UNTIL THE YOUNGEST CHILD IN THE HOUSEHOLD IN WHICH THE CHILD RESIDES REACHES THE AGE OF EIGHTEEN YEARS OF AGE, WHICHEVER IS EARLIER. A VIOLATION OF AN ORDER ISSUED UNDER THIS SECTION MAY BE ADDRESSED IN ACCORDANCE WITH SUBDIVISION TWO OF SECTION ONE THOUSAND SEVENTY-TWO OF THIS CHAPTER. S 2. Subdivision (a) of section 1029 of the family court act, as amended by chapter 41 of the laws of 2010, is amended to read as follows: (a) The family court, upon the application of any person who may orig- inate a proceeding under this article, for good cause shown, may issue a temporary order of protection, before or after the filing of such peti- tion, which may contain any of the provisions authorized on the making of an order of protection under section one thousand fifty-six OF THIS ARTICLE AND MUST CONFORM TO ALL OF THE REQUIREMENTS OF THAT SECTION. PRIOR TO ISSUING A TEMPORARY ORDER OF PROTECTION UNDER THIS SECTION, THE COURT SHALL INQUIRE AS TO THE EXISTENCE OF ANY OTHER ORDERS OF PROTECTION INVOLVING THE PARTIES. If such order is granted before the filing of a petition and a petition is not filed under this article within ten days from the granting of such order, the order shall be vacated. In any case where a petition has been filed and an attorney for the child has been appointed, such attorney may make application for a temporary order of protection pursuant to the provisions of this section. S 3. The opening paragraph and paragraph (a) of subdivision 1, and subdivisions 2 and 4 of section 1056 of the family court act, the open- ing paragraph and paragraph (a) of subdivision 1 as amended by chapter 526 of the laws of 2013, subdivision 2 as amended by chapter 220 of the laws of 1989 and subdivision 4 as added by chapter 622 of the laws of 1990, are amended to read as follows: The court may [make] ISSUE an order of protection in assistance or as a condition of any other order made under this part. [Such] PRIOR TO ISSUING AN ORDER OF PROTECTION UNDER THIS SECTION, THE COURT SHALL INQUIRE AS TO THE EXISTENCE OF ANY OTHER ORDERS OF PROTECTION INVOLVING THE PARTIES. EXCEPT AS PROVIDED IN SUBDIVISION FOUR OF THIS SECTION, AN order of protection [shall] ISSUED UNDER THIS SECTION MAY remain in effect [concurrently with, shall expire no later than the expiration date of, and] FOR A PERIOD OF UP TO TWO YEARS OR, IF THE COURT FINDS AGGRAVATING CIRCUMSTANCES AS DEFINED IN PARAGRAPH (VII) OF SUBDIVISION (A) OF SECTION EIGHT HUNDRED TWENTY-SEVEN OF THIS ACT OR IF THE COURT FINDS THAT THE RESPONDENT HAS VIOLATED AN ORDER OF PROTECTION, A PERIOD OF UP TO FIVE YEARS. THE ORDER OF PROTECTION may be extended concurrent- ly with, [such other] ANOTHER order [made] ISSUED under this [part, except as provided in subdivision four of this section] ARTICLE OR ARTI- CLE TEN-A OF THIS ACT. The order of protection may set forth reasonable conditions of behavior to be observed for a specified time by a person who is before the court and is a parent or a person legally responsible for the child's care or the spouse of the parent or other person legally responsible for the child's care, or both. Such an order may require any such person: (a) to stay away from the home, school, business or place of employ- ment of the other spouse, parent or person legally responsible for the child's care, PERSON WITH WHOM THE CHILD HAS BEEN REMANDED, PLACED OR RELEASED BY THE COURT or the child, and to stay away from any other specific location designated by the court;
2. [The] WHERE THE court [may also] HAS DETERMINED, IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION ONE THOUSAND SEVENTEEN OR PART TWO OF THIS ARTICLE OR, AS APPLICABLE, SECTIONS ONE THOUSAND FIFTY-TWO AND ONE THOU- SAND FIFTY-FIVE OF THIS ARTICLE, TO award custody of the child, during the term of the TEMPORARY order of protection OR ORDER OF PROTECTION, AS APPLICABLE, to [either] A NON-RESPONDENT parent, or to an appropriate relative [within the second degree] OR SUITABLE PERSON, THE AWARD OF CUSTODY MAY BE INCLUDED IN THE ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION, AS APPLICABLE. Nothing in this section gives the court power to place or board out any child or to commit a child to an insti- tution or agency. In making orders of protection, the court shall so act as to insure that in the care, protection, discipline and guardianship of the child his OR HER religious faith shall be preserved and protected. 4. The court may enter an order of protection independently of any other order made under this part, against a [person] RESPONDENT who IS OR was [a member of the child's household or] a person legally responsi- ble FOR THE CHILD'S CARE as defined in section one thousand twelve of this [chapter] ARTICLE, and who is [no longer a member of such household at the time of the disposition and who is] not [related by blood or marriage to] A PARENT OF the child [or a member of the child's house- hold]. An order of protection entered pursuant to this subdivision may be for any period of time up to the [child's] eighteenth birthday OF THE YOUNGEST CHILD IN THE CHILD'S HOUSEHOLD and upon such conditions as [the court deems necessary and proper to protect the health and safety of the child and the child's caretaker] ARE AUTHORIZED BY SUBDIVISION ONE OF THIS SECTION. THE PERSON RESTRAINED BY THE ORDER OF PROTECTION MAY, UPON A SHOWING OF A SUBSTANTIAL CHANGE OF CIRCUMSTANCES, MOVE FOR MODIFICA- TION OR VACATUR OF THE ORDER. S 4. Section 1072 of the family court act, as amended by chapter 1039 of the laws of 1973 and the opening paragraph as amended by chapter 437 of the laws of 2006, is amended to read as follows: S 1072. Failure to comply with terms and conditions of supervision OR ORDER OF PROTECTION. 1. If, prior to the expiration of the period of an order of super- vision pursuant to section one thousand fifty-four or one thousand fifty-seven of this article, a motion or order to show cause is filed that alleges that a parent or other person legally responsible for a child's care violated the terms and conditions of an order of super- vision issued under section one thousand fifty-four or one thousand fifty-seven of this article, the period of the order of supervision shall be tolled pending disposition of the motion or order to show cause. If, after hearing, the court is satisfied by competent proof that the parent or other person violated the order of supervision willfully and without just cause, the court may: (a) revoke the order of supervision [or of protection] and enter any order that might have been made at the time the order of supervision or of protection was made, or (b) commit the parent or other person who willfully and without just cause violated the order to jail for a term not to exceed six months. 2. PRIOR TO THE EXPIRATION OF THE PERIOD OF AN ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION ISSUED PURSUANT TO SECTION SIX HUNDRED THIRTY-FOUR OF THIS ACT, OR SECTION ONE THOUSAND TWENTY-NINE, ONE THOU- SAND FIFTY-SIX OR ONE THOUSAND EIGHTY-NINE OF THIS ARTICLE OR SUBDIVI- SION THIRTEEN OF SECTION THREE HUNDRED EIGHTY-FOUR-B OF THE SOCIAL SERVICES LAW, A MOTION OR ORDER TO SHOW CAUSE MAY BE FILED THAT ALLEGES
THAT A RESPONDENT PARENT OR OTHER PERSON LEGALLY RESPONSIBLE FOR A CHILD'S CARE VIOLATED THE TERMS AND CONDITIONS OF SUCH ORDER WILLFULLY AND WITHOUT JUST CAUSE. IF, AFTER HEARING, THE COURT IS SATISFIED BY COMPETENT PROOF THAT THE PARENT OR OTHER PERSON VIOLATED THE ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION WILLFULLY AND WITHOUT JUST CAUSE, THE COURT MAY: (A) REVOKE OR MODIFY THE ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION AND ENTER ANY ORDER THAT MIGHT HAVE BEEN MADE AT THE TIME SUCH ORDER HAD BEEN ISSUED, OR (B) ISSUE AN ORDER IN ACCORDANCE WITH SECTION EIGHT HUNDRED FORTY-TWO-A OR EIGHT HUNDRED FORTY-SIX-A OF THIS ACT. S 5. Clause (D) of subparagraph (viii) of paragraph 2 of subdivision (d) of section 1089 of the family court act, as added by section 27 of part A of chapter 3 of the laws of 2005, is amended to read as follows: (D) [The] IN THE CASE OF A CHILD WHO HAS NOT BEEN FREED FOR ADOPTION, THE court may make an order of protection in the manner specified by section one thousand fifty-six of this act in assistance or as a condi- tion of any other order made under this section. The order of protection may set forth reasonable conditions of behavior to be observed for a specified period of time by a person before the court FOR THE PROTECTION OF THE CHILD AND THE CHILD'S FOSTER OR PRE-ADOPTIVE PARENT OR PARENTS AND OTHER DESIGNATED MEMBERS OF THE HOUSEHOLD IN WHICH THE CHILD RESIDES. PRIOR TO ISSUING AN ORDER OF PROTECTION UNDER THIS SECTION, THE COURT SHALL INQUIRE AS TO THE EXISTENCE OF ANY OTHER ORDERS OF PROTECTION INVOLVING THE PARTIES AND THE CHILD. IN THE CASE OF A CHILD FREED FOR ADOPTION, THE COURT, FOR GOOD CAUSE SHOWN, MAY ISSUE AN ORDER OF PROTECTION DIRECTING A PERSON WHOSE PARENTAL RIGHTS HAD BEEN TERMI- NATED OR SURRENDERED TO OBSERVE REASONABLE CONDITIONS ENUMERATED THEREIN IN ORDER TO PROTECT THE CHILD AND THE CHILD'S FOSTER OR PRE-ADOPTIVE PARENT OR PARENTS AND OTHER DESIGNATED MEMBERS OF THE HOUSEHOLD IN WHICH THE CHILD RESIDES. THE CONDITIONS MAY INCLUDE, AMONG OTHERS, THAT SUCH PERSON SHALL STAY AWAY FROM THE CHILD AND FROM THE HOME, SCHOOL, BUSI- NESS OR PLACE OF EMPLOYMENT OF THE CHILD OR THE CHILD'S FOSTER OR PRE-A- DOPTIVE PARENT OR PARENTS OR OTHER DESIGNATED MEMBERS OF THE HOUSEHOLD IN WHICH THE CHILD RESIDES. THE ORDER MAY ONLY BE ISSUED AFTER THE PERSON OR PERSONS RESTRAINED BY THE ORDER HAVE BEEN GIVEN NOTICE AND AN OPPORTUNITY TO BE HEARD. THE COURT SHALL STATE ITS REASONS ON THE RECORD FOR ISSUING THE ORDER. IN THE CASE OF A CHILD FREED FOR ADOPTION OR FOR WHOM A TERMINATION OF PARENTAL RIGHTS PROCEEDING IS PENDING, THE COURT MAY ISSUE AN ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION, AS APPLICABLE, IN ACCORDANCE WITH SUBDIVISION THIRTEEN OF SECTION THREE HUNDRED EIGHTY-FOUR-B OF THE SOCIAL SERVICES LAW. A VIOLATION OF AN ORDER ISSUED UNDER THIS SECTION MAY BE ADDRESSED IN ACCORDANCE WITH SUBDIVISION TWO OF SECTION ONE THOUSAND SEVENTY-TWO OF THIS ACT. S 6. Section 384-b of the social services law is amended by adding a new subdivision 14 to read as follows: 14. FOR GOOD CAUSE SHOWN, THE COURT MAY ISSUE A TEMPORARY ORDER OF PROTECTION OR, UPON DISPOSITION, AN ORDER OF PROTECTION TO PROTECT THE CHILD AND THE CHILD'S FOSTER OR PRE-ADOPTIVE PARENT OR PARENTS AND OTHER DESIGNATED MEMBERS OF THE HOUSEHOLD IN WHICH THE CHILD RESIDES. THE ORDER MAY DIRECT THE RESPONDENT TO OBSERVE REASONABLE CONDITIONS THAT MAY INCLUDE, AMONG OTHERS, THAT THE RESPONDENT STAY AWAY FROM THE CHILD AND FROM THE HOME, SCHOOL, BUSINESS OR PLACE OF EMPLOYMENT OF THE CHILD OR THE CHILD'S FOSTER OR PRE-ADOPTIVE PARENT OR PARENTS OR OTHER DESIG- NATED MEMBERS OF THE HOUSEHOLD IN WHICH THE CHILD RESIDES. PRIOR TO ISSUING THE ORDER, THE COURT SHALL INQUIRE AS TO THE EXISTENCE OF ANY
OTHER ORDERS OF PROTECTION INVOLVING THE PARTIES AND SHALL GIVE THE RESPONDENT NOTICE AND AN OPPORTUNITY TO BE HEARD. THE COURT SHALL STATE ITS REASONS ON THE RECORD FOR ISSUING THE ORDER. AN ORDER OF PROTECTION ISSUED UNDER THIS SECTION MAY REMAIN IN EFFECT FOR A PERIOD OF UP TO FIVE YEARS OR UNTIL THE YOUNGEST CHILD IN THE HOUSEHOLD IN WHICH THE CHILD RESIDES REACHES THE AGE OF EIGHTEEN YEARS OF AGE, WHICHEVER IS EARLIER. A VIOLATION OF AN ORDER ISSUED UNDER THIS SECTION MAY BE ADDRESSED IN ACCORDANCE WITH SUBDIVISION TWO OF SECTION ONE THOUSAND SEVENTY-TWO OF THE FAMILY COURT ACT. S 7. Subdivision 1 of section 221-a of the executive law, as separate- ly amended by sections 14 and 67 of part A of chapter 56 of the laws of 2010, is amended to read as follows: 1. The superintendent, in consultation with the division of criminal justice services, THE office of court administration, and the office for the prevention of domestic violence, shall develop a comprehensive plan for the establishment and maintenance of a statewide computerized regis- try of all orders of protection issued pursuant to articles four, five, six [and], eight, TEN AND TEN-A of the family court act, SECTION THREE HUNDRED EIGHTY-FOUR-B OF THE SOCIAL SERVICES LAW, section 530.12 of the criminal procedure law and, insofar as they involve victims of domestic violence as defined by section four hundred fifty-nine-a of the social services law, section 530.13 of the criminal procedure law and sections two hundred forty and two hundred fifty-two of the domestic relations law, and orders of protection issued by courts of competent jurisdiction in another state, territorial or tribal jurisdiction, special orders of conditions issued pursuant to subparagraph (i) or (ii) of paragraph (o) of subdivision one of section 330.20 of the criminal procedure law inso- far as they involve a victim or victims of domestic violence as defined by subdivision one of section four hundred fifty-nine-a of the social services law or a designated witness or witnesses to such domestic violence, and all warrants issued pursuant to sections one hundred fifty-three and eight hundred twenty-seven of the family court act, and arrest and bench warrants as defined in subdivisions twenty-eight, twen- ty-nine and thirty of section 1.20 of the criminal procedure law, inso- far as such warrants pertain to orders of protection or temporary orders of protection; provided, however, that warrants issued pursuant to section one hundred fifty-three of the family court act pertaining to articles three[,] AND seven [and ten] of such act and section 530.13 of the criminal procedure law shall not be included in the registry. The superintendent shall establish and maintain such registry for the purposes of ascertaining the existence of orders of protection, tempo- rary orders of protection, warrants and special orders of conditions, and for enforcing the provisions of paragraph (b) of subdivision four of section 140.10 of the criminal procedure law. S 8. This act shall take effect on the ninetieth day after it shall have become a law.

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