Assembly Bill A7644

Signed By Governor
2015-2016 Legislative Session

Relates to severe child abuse and orders of protection in child abuse and neglect cases

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S5054 - 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions
Votes

co-Sponsors

multi-Sponsors

2015-A7644 (ACTIVE) - Details

See Senate Version of this Bill:
S5054
Law Section:
Family Court Act
Laws Affected:
Amd §1051, Fam Ct Act; amd §221-a, Exec L

2015-A7644 (ACTIVE) - Summary

Relates to severe child abuse and orders of protection in child abuse and neglect cases.

2015-A7644 (ACTIVE) - Bill Text download pdf

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

                                  7644

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 20, 2015
                               ___________

Introduced by M. of A. FAHY -- (at request of the Office of Court Admin-
  istration)  -- read once and referred 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.