Relates to requiring certain records checks in child custody proceedings involving orders of protection; repeals certain provisions relating thereto.
Summary
S08198 amends the New York Family Court Act to require a court, before awarding custody of a child in a family offense case involving an order of protection, to review specified records and databases. Those records include the sex offender registry, the statewide computerized registry of orders of protection, related Article 10 child protection decisions, and warrants issued under the Family Court Act. The bill applies when the court is considering custody during the term of an order of protection, including awards to a parent or an appropriate relative within the second degree.
The bill also repeals an existing provision in section 842 of the Family Court Act related to this area, and it takes effect 30 days after becoming law. In practical terms, it strengthens the information the court must consider before making custody determinations in domestic violence or family offense matters, with the goal of improving child safety and informing judicial discretion.
Impact
The bill changes Family Court Act section 842 by making certain records checks mandatory before custody can be awarded in family offense proceedings tied to orders of protection. It directs courts to consult multiple state systems and related court records, including sex offender registry information, protection-order registry data, Article 10 proceedings, and outstanding warrants. This affects family court judges, litigants in custody and protection-order cases, and court administration, while also repealing a prior provision in the same section to align the statute with the new review requirement.
Sentiment
The available voting history shows strong and unanimous support: the Senate Children and Families Committee approved the bill 6-0, the Senate Rules Committee approved it 19-0, and the full Senate passed it 58-0. That pattern suggests broad agreement that the bill is a child-safety and court-procedure measure with little visible opposition in the recorded votes.
Contention
No committee transcript or floor debate is provided, and the recorded votes show no opposition. Based on the bill text, any potential concern would likely center on the added procedural burden on courts or the privacy and scope of the required records review, but no specific member, stakeholder, or formal objection is identified in the available materials.
Same As
Relates to requiring certain records checks in child custody proceedings involving orders of protection; repeals certain provisions relating thereto.
Relates to recurring payments to the non-custodial parent in special circumstances in child support proceedings involving joint or shared custody of children.
Relates to the right to counsel in certain family court proceedings regarding violations of orders of child support and to establish paternity or parentage in the family court.
Relates to the right to counsel in certain family court proceedings regarding violations of orders of child support and to establish paternity or parentage in the family court.
Requires the office of children and family services to promulgate regulations for training requirements for child protective services workers assigned to a multidisciplinary investigative team; amends the effectiveness of certain provisions relating thereto.
Requires the office of children and family services to promulgate regulations for training requirements for child protective services workers assigned to a multidisciplinary investigative team; amends the effectiveness of certain provisions relating thereto.
Relates to claims for unjust conviction and imprisonment and the availability of certain benefits and entitlements to exonerees; allows for sealing of records, payment of awards and payment of attorney's fees; repeals certain provisions relating thereto.