S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6608
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 14, 2019
                                ___________
 
 Introduced  by  M. of A. KOLB, CROUCH, FINCH, MONTESANO, LALOR -- Multi-
   Sponsored by -- M. of A. GIGLIO, HAWLEY -- 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 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.
                                                            LBD04411-01-9
              

 A. 6608                             2
 
   § 2. Short title. This act shall be known and  may  be  cited  as  the
 "family court reform act".
   §  3.  The  domestic  relations law is amended by adding a new section
 240-d to read as follows:
   § 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.
   2. (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 EXPER-
 TISE 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. 6608                             3
 
   3.  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.
   §  4.  The  domestic  relations law is amended by adding a new section
 240-e to read as follows:
   § 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. 6608                             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.
   §  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.
   § 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.
   §  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. 6608                             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.
   § 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  567  of  the  laws  of
 2015,  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. 6608                             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.  [Where a
 proceeding filed pursuant to article ten or ten-A of  the  family  court
 act  is  pending at the same time as a proceeding brought in the supreme
 court involving the custody of, or right to visitation with,  any  child
 of a marriage, the court presiding over the proceeding under article ten
 or  ten-A  of  the  family  court act may jointly hear the dispositional
 hearing on the petition under article  ten  or  the  permanency  hearing
 under  article ten-A of the family court act and, upon referral from the
 supreme court, the hearing to resolve the matter of custody  or  visita-
 tion  in  the proceeding pending in the supreme court; provided however,
 the court must determine custody or visitation in  accordance  with  the
 terms of this section.]
   An  order  directing  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 direction] 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 ULTI-
 MATE 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 property of [either or] both parents. The  court  shall  make
 its  award  for  child  support  pursuant  to  subdivision one-b of this
 section. Such direction 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, agen-
 cy  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

 A. 6608                             7
 
 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 enforce-
 ment 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 other child support enforcement services and that payment of  an
 administrative  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.  Addi-
 tionally, 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 chil-
 dren; 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 insur-
 ance 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

 A. 6608                             8
 
 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
 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.

 A. 6608                             9
 
   (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
 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

 A. 6608                            10
 
 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
 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

 A. 6608                            11
 
 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
 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

 A. 6608                            12
 
 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
 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

 A. 6608                            13
 
 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
 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.
   §  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.
   § 10. Section 241 of the domestic relations law, as amended by chapter
 892 of the laws of 1986, is amended to read as follows:
   § 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.
   § 11. Section 251 of the domestic relations law, as added  by  chapter
 164 of the laws of 1973, is amended to read as follows:
   § 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.

 A. 6608                            14
 
   § 12. Paragraph (b) of subdivision 1 of section 252  of  the  domestic
 relations law, as amended by chapter 526 of the laws of 2013, 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;
   §  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
 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.
   § 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-

 A. 6608                            15
 
 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 OR
 PARENTING TIME 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.
   § 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.
   § 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;

 A. 6608                            16

   § 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]
 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
   §  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.
   §  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.

 A. 6608                            17
 
   § 20. Subparagraph 9 of paragraph (f) 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:
   (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
   § 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 chapter 576 of the laws of 2005,
 are 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,
 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,

 A. 6608                            18
 
 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.
   §  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,
 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.
   § 23. Subdivision (b) of section 446  of  the  family  court  act,  as
 amended  by  chapter  526  of  the  laws  of 2013, 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;
   § 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:
   § 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

 A. 6608                            19
 
 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.
   §  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
 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.
   § 26. Subdivisions (a) and (b) of section 467 of the family court act,
 as amended 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.
   §  27.  Section 511 of the family court act, as amended by chapter 533
 of the laws of 1999, is amended to read as follows:
   § 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.
   § 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:
   § 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]

 A. 6608                            20
 
 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.
   §  29.  Subdivision  (b)  of  section  551 of the family court act, as
 amended by chapter 526 of the laws  of  2013,  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;
   § 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 (c-1) as added by chapter 567 of the laws of  2015,
 subdivision  (d)  as amended by chapter 41 of the laws of 2010, subdivi-
 sion (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:
   § 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.
   (c-1)  Where  a  proceeding  filed pursuant to article ten or ten-A of
 this act is pending at the same time as  a  proceeding  brought  in  the
 family  court  pursuant  to  this  article, the court presiding over the
 proceeding under article ten or ten-A of this act may jointly  hear  the
 hearing  on  the  custody  [and], visitation AND PARENTING TIME petition
 under this article and the dispositional hearing on the  petition  under
 article  ten  or the permanency hearing under article ten-A of this act;
 provided, however, the court must determine the custody  [and],  visita-

 A. 6608                            21

 tion  AND  PARENTING  TIME petition in accordance with the terms of this
 article.
   (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:
   (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.

 A. 6608                            22
 
   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
 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.
   §  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:

 A. 6608                            23
 
   § 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
 maltreatment in such proceeding. Any other evidence tending  to  support
 the reliability of such report shall be sufficient corroboration.
   § 32. Subdivisions (a) and (b) of section 652 of the family court act,
 as  amended  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.
   § 33. Subdivision (b) of section 656  of  the  family  court  act,  as
 amended  by  chapter  526  of  the  laws  of 2013, 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;

 A. 6608                            24
 
   § 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;
   §  35.  Subdivision  (b)  of  section  842 of the family court act, as
 amended by chapter 526 of the laws  of  2013,  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;
   § 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:
   § 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
 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.
   § 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:

 A. 6608                            25
 
   (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.
   § 38. Paragraph (b) of subdivision 1 of section  1056  of  the  family
 court  act, as amended by chapter 526 of the laws of 2013, 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;
   § 39. Part 8 of article 10 of the family court act, as added by  chap-
 ter  457  of the laws of 1988, section 1081 as amended by chapter 242 of
 the laws of 2016, paragraph (b)  of  subdivision  2,  paragraph  (c)  of
 subdivision 3, paragraph (b) of subdivision 4, paragraphs (a) and (b) of
 subdivision  5  as amended by chapter 359 of the laws of 2017, 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
 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.
   § 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)  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.

 A. 6608                            26
 
   (b)  A child remanded or placed in the care of a social services offi-
 cial pursuant to this article or article ten-A  or  ten-C  of  this  act
 shall  have  the  right  to  move  for  visitation OR PARENTING TIME and
 contact with his or her siblings. The siblings of a  child  remanded  or
 placed  in the care of a social services official pursuant to this arti-
 cle or article ten-A or ten-C of this act shall have a right to petition
 the court for visitation OR PARENTING TIME and contact with such  child.
 For purposes of this section, "siblings" shall include half-siblings and
 those  who  would be deemed siblings or half-siblings but for the termi-
 nation of parental rights or death of a parent.
   3. (a) The petition by a non-custodial parent shall allege  that  such
 parent has visitation OR 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 OR 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.
   (c)  A  motion  by  a child remanded or placed in the care of a social
 services official pursuant to this article or article ten-A or ten-C  of
 this  act  or  a  petition  by a sibling of such child shall allege that
 visitation OR PARENTING TIME and contact would be in the best  interests
 of  both  the  child  who  has  been  remanded or placed and the child's
 sibling.
   4. (a) A petition filed under paragraphs (a)  or  (b)  of  subdivision
 three  of this section shall be served upon the respondent in a proceed-
 ing 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.
   (b)  A petition or motion filed under paragraph (b) of subdivision two
 of this section shall be served upon: (i) the respondent in the proceed-
 ing under this article or article ten-A or ten-C of this act;  (ii)  the
 local social services official having the care of the child; (iii) other
 persons  having care, custody and control of the child, if any; (iv) the
 parents or other persons having care, custody and control of the sibling
 to be visited or with whom contact is  sought;  (v)  any  non-respondent
 parent in the proceeding under this article or article ten-A or ten-C of
 this  act;  (vi)  such sibling himself or herself if ten years of age or
 older; and (vii) such sibling's attorney, if any. The petition or motion
 shall be served in such manner as the court may direct.
   5. (a) Upon receipt of a petition filed under paragraphs (a) or (b) of
 subdivision two of  this  section,  the  court  shall,  subject  to  the
 provisions of section one thousand eighty-two of this part, require that

 A. 6608                            27
 
 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-
 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.
   (b) Upon receipt of a petition or motion filed under paragraph (c)  of
 subdivision  three  of  this  section,  the court shall determine, after
 giving notice and an opportunity to be heard  to  persons  served  under
 subdivision  four  of this section, whether visitation OR PARENTING TIME
 and contact would be in the best interests of the child and his  or  her
 sibling.  The court's determination may be included in the dispositional
 order issued pursuant to section one thousand fifty-two or one  thousand
 ninety-five  of  this  chapter  or  in a permanency hearing order issued
 pursuant to section one thousand eighty-nine of this chapter.
   (c) Violation of an order issued under this section shall be  punisha-
 ble pursuant to section seven hundred fifty-three of the judiciary law.
   §  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

 A. 6608                            28
 
 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.
   § 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.
   § 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.
   § 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

 A. 6608                            29
 
   (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.
   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.
   § 40. The domestic relations law is amended by adding  a  new  section
 242 to read as follows:
   §  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.
   § 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;
   §  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

 A. 6608                            30
 
 functions.  THE DEPARTMENT SHALL PROVIDE BY RULE FOR AN ANNUAL AUDIT AND
 PERFORMANCE APPRAISAL OF EACH FISCAL AGENT.
   § 43. The family court act is amended by adding a new section 385.3 to
 read as follows:
   § 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.
   § 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) 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.
   §  45.  The  domestic relations law is amended by adding a new section
 74-a to read as follows:
   § 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.

 A. 6608                            31
 
   §  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;
   (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.
   § 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.
   § 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.
   §  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.
   §  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-

 A. 6608                            32
 
 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,
 shall  not be included in the calculation of support arrears pursuant to
 this section.
   § 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.
   §  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
   § 53. Section 451 of the family court act, as amended by  chapter  373
 of the laws of 2014, is amended to read as follows:
   §  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-

 A. 6608                            33

 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 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
 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  USED
 APPROPRIATELY AND SHALL STATE THE GROUNDS IN THE AFFIDAVIT.
   2.  A  proceeding  to modify an order of support shall be commenced by
 the filing of a petition which shall allege facts sufficient to meet one
 or more of the grounds enumerated in subdivision three of this section.
   3. (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.
   § 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

 A. 6608                            34
 
 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.
   § 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
 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.