Bill Text: NY A03346 | 2023-2024 | General Assembly | Amended
Bill Title: Requires the court to consider a child's health and safety when making a decision regarding child custody and visitation; directs the court to review certain information as it relates to allegations of child abuse, domestic violence and child safety; requires the court to appoint an attorney to represent the child when credible allegations of serious risk to the child's safety have been made.
Spectrum: Slight Partisan Bill (Democrat 71-26)
Status: (Introduced) 2024-05-07 - print number 3346c [A03346 Detail]
Download: New_York-2023-A03346-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 3346--C 2023-2024 Regular Sessions IN ASSEMBLY February 2, 2023 ___________ Introduced by M. of A. HEVESI, SILLITTI, DICKENS, FAHY, CLARK, HUNTER, LAVINE, SEAWRIGHT, SIMON, JACKSON, RIVERA, McDONOUGH, MORINELLO, THIELE, BURDICK, K. BROWN, STIRPE, GONZALEZ-ROJAS, DURSO, OTIS, BRABE- NEC, MANKTELOW, ANGELINO, COOK, GUNTHER, STERN, JEAN-PIERRE, DeSTEFA- NO, BLANKENBUSH, RA, FITZPATRICK, PHEFFER AMATO, ANDERSON, MIKULIN, L. ROSENTHAL, LUPARDO, SIMPSON, EPSTEIN, KELLES, JENSEN, BURGOS, JONES, STECK, ZINERMAN, CRUZ, AUBRY, CUNNINGHAM, HAWLEY, PAULIN, BARRETT, RAMOS, GIBBS, JACOBSON, DINOWITZ, REYES, CONRAD, J. A. GIGLIO, MAHER, BLUMENCRANZ, BORES, GANDOLFO, SHIMSKY, McDONALD, BRONSON, DARLING, BENDETT, DE LOS SANTOS, WOERNER, WILLIAMS, EACHUS, PRETLOW, ALVAREZ, DAVILA, BENEDETTO, SMITH, MEEKS, SIMONE, TAPIA, BUTTENSCHON, WALLACE, ARDILA, LEVENBERG, RAGA, SEPTIMO, COLTON, LEE, GALLAHAN, FLOOD, WEPRIN, SAYEGH, TANNOUSIS, BICHOTTE HERMELYN, SOLAG- ES, CURRAN, TAYLOR -- read once and referred to the Committee on Judi- ciary -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Judiciary in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Judi- ciary in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the domestic relations law, the family court act and the civil practice law and rules, in relation to establishing "Kyra's Law" The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 "Kyra's Law". 3 § 2. Subdivision 1 of section 240 of the domestic relations law is 4 amended by adding a new opening paragraph to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06231-12-4A. 3346--C 2 1 The legislature recognizes that the safety of children is of paramount 2 importance and is an integral element of their best interests. To that 3 end, the legislature finds that judicial decisions regarding custody of, 4 and access to, children shall promote the safety of children as a thres- 5 hold issue. 6 § 3. Paragraphs (a) and (a-1) of subdivision 1 of section 240 of the 7 domestic relations law, paragraph (a) as amended by chapter 567 of the 8 laws of 2015 and paragraph (a-1) as amended by chapter 295 of the laws 9 of 2009, are amended to read as follows: 10 (a) In any action or proceeding brought (1) to annul a marriage or to 11 declare the nullity of a void marriage, or (2) for a separation, or (3) 12 for a divorce, or (4) to obtain, by a writ of habeas corpus or by peti- 13 tion and order to show cause, the custody of or right to visitation with 14 any child of a marriage, the court shall require verification of the 15 status of any child of the marriage with respect to such child's custody 16 and support, including any prior orders, and shall enter orders for 17 custody and support as, in the court's discretion, justice requires, 18 having regard to the circumstances of the case and of the respective 19 parties and to the best interests of the child and subject to the 20 provisions of subdivision one-c of this section. When the parties first 21 appear in court, the court shall advise the parties before proceeding of 22 the right to be represented by counsel of their own choosing, of the 23 right to have an adjournment of no longer than fourteen court days to 24 confer with counsel, and the right to obtain counsel fees and expenses, 25 pursuant to section two hundred thirty-seven of this article. The court 26 shall assign counsel to the eligible parties and children, pursuant to 27 article two of the family court act and subdivisions seven and eight of 28 section thirty-five of the judiciary law. Where either party to an 29 action concerning custody of or a right to visitation with a child 30 alleges in a sworn petition or complaint or sworn answer, cross-peti- 31 tion, counterclaim or other sworn responsive pleading that the other 32 party has committed an act of domestic violence against the party making 33 the allegation or a family or household member of either party, as such 34 family or household member is defined in article eight of the family 35 court act, and such allegations are proven by a preponderance of the 36 evidence, the court [must] shall consider the effect of such domestic 37 violence upon the best interests of the child, together with such other 38 facts and circumstances as the court deems relevant in making a direc- 39 tion pursuant to this section and state on the record how such findings, 40 facts and circumstances factored into the direction. If a parent makes a 41 good faith allegation based on a reasonable belief supported by facts 42 that the child is the victim of child abuse, child neglect, or the 43 effects of domestic violence, and if that parent acts lawfully and in 44 good faith in response to that reasonable belief to protect the child or 45 seek treatment for the child, then that parent shall not be deprived of 46 custody, visitation or contact with the child, or restricted in custody, 47 visitation or contact, based solely on that belief or the reasonable 48 actions taken based on that belief. If an allegation that a child is 49 abused is supported by a preponderance of the evidence, then the court 50 shall consider such evidence of abuse in determining the visitation 51 arrangement that is in the best interest of the child, and the court 52 shall not place a child in the custody of a parent who presents a 53 substantial risk of harm to that child, and shall state on the record 54 how such findings were factored into the determination. Where a proceed- 55 ing filed pursuant to article ten or ten-A of the family court act is 56 pending at the same time as a proceeding brought in the supreme courtA. 3346--C 3 1 involving the custody of, or right to visitation with, any child of a 2 marriage, the court presiding over the proceeding under article ten or 3 ten-A of the family court act may jointly hear the dispositional hearing 4 on the petition under article ten or the permanency hearing under arti- 5 cle ten-A of the family court act and, upon referral from the supreme 6 court, the hearing to resolve the matter of custody or visitation in the 7 proceeding pending in the supreme court; provided however, the court 8 [must] shall determine custody or visitation in accordance with the 9 terms of this section. 10 An order directing the payment of child support shall contain the 11 social security numbers of the named parties. In all cases there shall 12 be no prima facie right to the custody of the child in either parent. 13 Such direction shall make provision for child support out of the proper- 14 ty of either or both parents. The court shall make its award for child 15 support pursuant to subdivision one-b of this section. Such direction 16 may provide for reasonable visitation rights to the maternal and/or 17 paternal grandparents of any child of the parties. Such direction as it 18 applies to rights of visitation with a child remanded or placed in the 19 care of a person, official, agency or institution pursuant to article 20 ten of the family court act, or pursuant to an instrument approved under 21 section three hundred fifty-eight-a of the social services law, shall be 22 enforceable pursuant to part eight of article ten of the family court 23 act and sections three hundred fifty-eight-a and three hundred eighty- 24 four-a of the social services law and other applicable provisions of law 25 against any person having care and custody, or temporary care and custo- 26 dy, of the child. Notwithstanding any other provision of law, any writ- 27 ten application or motion to the court for the establishment, modifica- 28 tion or enforcement of a child support obligation for persons not in 29 receipt of public assistance and care [must] shall contain either a 30 request for child support enforcement services which would authorize the 31 collection of the support obligation by the immediate issuance of an 32 income execution for support enforcement as provided for by this chap- 33 ter, completed in the manner specified in section one hundred eleven-g 34 of the social services law; or a statement that the applicant has 35 applied for or is in receipt of such services; or a statement that the 36 applicant knows of the availability of such services, has declined them 37 at this time and where support enforcement services pursuant to section 38 one hundred eleven-g of the social services law have been declined that 39 the applicant understands that an income deduction order may be issued 40 pursuant to subdivision (c) of section fifty-two hundred forty-two of 41 the civil practice law and rules without other child support enforcement 42 services and that payment of an administrative fee may be required. The 43 court shall provide a copy of any such request for child support 44 enforcement services to the support collection unit of the appropriate 45 social services district any time it directs payments to be made to such 46 support collection unit. Additionally, the copy of any such request 47 shall be accompanied by the name, address and social security number of 48 the parties; the date and place of the parties' marriage; the name and 49 date of birth of the child or children; and the name and address of the 50 employers and income payors of the party from whom child support is 51 sought or from the party ordered to pay child support to the other 52 party. Such direction may require the payment of a sum or sums of money 53 either directly to the custodial parent or to third persons for goods or 54 services furnished for such child, or for both payments to the custodial 55 parent and to such third persons; provided, however, that unless the 56 party seeking or receiving child support has applied for or is receivingA. 3346--C 4 1 such services, the court shall not direct such payments to be made to 2 the support collection unit, as established in section one hundred 3 eleven-h of the social services law. Every order directing the payment 4 of support shall require that if either parent currently, or at any time 5 in the future, has health insurance benefits available that may be 6 extended or obtained to cover the child, such parent is required to 7 exercise the option of additional coverage in favor of such child and 8 execute and deliver to such person any forms, notices, documents or 9 instruments necessary to assure timely payment of any health insurance 10 claims for such child. 11 (a-1)(1) [Permanent and initial temporary orders of custody or visita-12tion. Prior to the issuance of any permanent or initial temporary order13of custody or visitation, the court shall conduct a review of the deci-14sions and reports listed in subparagraph three of this paragraph.15(2) Successive temporary orders of custody or visitation. Prior to the16issuance of any successive temporary order of custody or visitation, the17court shall conduct a review of the decisions and reports listed in18subparagraph three of this paragraph, unless such a review has been19conducted within ninety days prior to the issuance of such order.20(3) Decisions and reports for review. The court shall conduct a review21of] Prompt evidentiary hearing. Upon the application of any party to an 22 action concerning custody of or visitation with a child, or of an attor- 23 ney for the child, asserting credible allegations of incidents or 24 threats of domestic violence, child abuse or child neglect that, if 25 true, would pose a serious or imminent risk to the safety of the child, 26 the court shall hold a prompt evidentiary hearing to determine whether 27 temporary limitations or conditions on the custody or visitation rights 28 of the party who is alleged to have committed or threatened to commit 29 domestic violence, child abuse or child neglect are necessary to avoid 30 serious or imminent risk to the child's safety. Except for good cause 31 shown, the hearing for such determination shall commence within twenty 32 court days of the application for such hearing. The court shall remind 33 the parties of their right to the assistance of counsel for the prompt 34 evidentiary hearing. During such hearing, only material and relevant 35 evidence shall be admitted. If a party waives his or her right to a 36 hearing under this section, the court shall advise such party at that 37 time that, notwithstanding such waiver, an application under this 38 section may be made at any time during the pendency of the proceedings. 39 After a hearing has been held pursuant to this provision, a party may 40 request a subsequent prompt evidentiary hearing during the pendency of 41 litigation for good cause shown. During a prompt evidentiary hearing, 42 the court shall consider the following, if available: 43 (i) related decisions in court proceedings initiated pursuant to arti- 44 cle ten of the family court act, and all warrants issued under the fami- 45 ly court act; [and] 46 (ii) any party's history of domestic violence, child abuse or child 47 neglect, child sexual abuse or incidents involving harm to a child, or 48 serious or imminent risk to the child's safety; 49 (iii) police reports, including domestic violence incident reports or 50 reporting of incidents involving child abuse, child neglect or domestic 51 violence by a party; 52 (iv) evidence and findings of child abuse, child neglect, domestic 53 violence, or serious or imminent risk to the child's safety, including 54 but not limited to: 55 (a) an increase in frequency or severity of domestic violence;A. 3346--C 5 1 (b) use or threats to use a weapon or dangerous instrument, or unlaw- 2 ful possession of firearms; 3 (c) threats to harm or kill the child, the other party, the other 4 party's children, self or others, or companion animals; 5 (d) sexual abuse or other sexual offenses against the child or the 6 other party; 7 (e) unlawful dissemination or publication of an intimate image, pursu- 8 ant to section 245.15 of the penal law; 9 (f) incidents involving obstruction of breathing or strangulation; 10 (g) any party's pattern of alcohol or substance abuse that poses seri- 11 ous or imminent risk to the child's safety; 12 (h) incidents of violence during pregnancy; 13 (i) incidents of stalking or cyber stalking; and 14 (j) coercive control, as defined in paragraph (b) of subdivision one 15 of section two hundred forty-e of this article; and 16 (v) reports of the statewide computerized registry of orders of 17 protection established and maintained pursuant to section two hundred 18 twenty-one-a of the executive law, and reports of the sex offender 19 registry established and maintained pursuant to section one hundred 20 sixty-eight-b of the correction law. 21 [(4)] (2) Conditions of custody or visitation. If the court deter- 22 mines that limitations or restrictions of a party's custody, visitation 23 or contact with the child are necessary pursuant to a review of any 24 findings or credible allegations of child abuse, child neglect, domestic 25 violence, or serious or imminent risk to the child's safety, and the 26 decisions and reports listed in subparagraph one of this paragraph, the 27 court shall set forth conditions of custody or visitation in a temporary 28 order of custody or visitation that prioritizes the avoidance of serious 29 or imminent risk to the child's safety. 30 (i) There shall be a rebuttable presumption that the court shall not 31 award, in a temporary order of custody or visitation, sole or joint 32 custody or visitation that is unsupervised or without sufficient 33 protections of the child's safety to a party who poses a serious or 34 imminent risk to the child's safety. 35 (ii) The court shall state in writing any findings of child abuse, 36 child neglect, domestic violence, or serious or imminent risk to the 37 child's safety, and the factors, decisions and reports considered in 38 making such findings and the reasons for the limitations or restrictions 39 placed on a party's custody, visitation or contact with such child. 40 When a prompt evidentiary hearing has been held regarding serious or 41 imminent risk to the child's safety and the court has rendered such 42 decision, the parties shall be notified of their right to appeal. 43 (iii) In addition to the right of appeal regarding a final order, any 44 party or the attorney for the child in a proceeding for a temporary 45 order of custody or visitation pursuant to this subparagraph in which a 46 prompt evidentiary hearing has been held regarding imminent risk to the 47 child's safety pursuant to the provisions of this paragraph shall have a 48 right to appeal the granting or denial of the temporary order, or the 49 terms of such order, to the appropriate appellate division. An appeal 50 under this subparagraph shall be given a preference pursuant to rule 51 five thousand five hundred twenty-one of the civil practice law and 52 rules. 53 A notice of appeal regarding the granting or denial of the temporary 54 order, or the terms of such order, by the supreme court under this 55 subparagraph shall be filed in accordance with subdivision (a) of 56 section five thousand five hundred thirteen of the civil practice lawA. 3346--C 6 1 and rules. A notice of appeal regarding the granting or denial of the 2 temporary order, or the terms of such order, by a family court under 3 this subdivision shall be filed no later than thirty days after the 4 service by a party or the child's attorney upon the appellant of any 5 order from which the appeal is taken or receipt of the order in court or 6 thirty-five days from mailing or electronic transmission of the order by 7 the court, whichever is earliest. 8 Pending the determination of such appeal, the appellate division in 9 which the appeal is pending may stay the order on appeal pursuant to 10 subdivision (c) of section five thousand five hundred nineteen of the 11 civil practice law and rules where such court determines that the effect 12 of the order on appeals creates an imminent risk to the safety of the 13 child and that a stay is necessary to avoid such risk. The party apply- 14 ing for the stay shall notify the attorneys for all parties and the 15 attorney for the child of the time and place of such application. The 16 party applying for the stay shall state in the application the errors of 17 fact or law allegedly committed by the trial court. A party applying to 18 the appellate division for the stay shall make every reasonable effort 19 to obtain a complete transcript of the proceeding before the trial court 20 in accordance with the rules of the applicable appellate division. 21 (iv) Nothing contained in this subparagraph shall be deemed in any way 22 to limit, restrict, expand or impair the rights of any party to file for 23 a modification of a temporary order as is otherwise provided by law. 24 (3) Notifying counsel and issuing orders. Upon consideration of deci- 25 sions pursuant to article ten of the family court act, and registry 26 reports and notifying counsel involved in the proceeding, or in the 27 event of a self-represented party, notifying such party of the results 28 thereof, including any court appointed attorney for children, the court 29 may issue a temporary, successive temporary or final order of custody or 30 visitation. 31 [(5)] (4) Temporary emergency order. Notwithstanding any other 32 provision of the law, upon emergency situations, including computer 33 malfunctions, to serve the best interest of the child, the court may 34 issue a temporary emergency order for custody or visitation in the event 35 that it is not possible to timely review decisions and reports on regis- 36 tries as required pursuant to subparagraph [three] one of this para- 37 graph. 38 [(6)] (5) After issuing a temporary emergency order. After issuing a 39 temporary emergency order of custody or visitation, the court shall 40 conduct reviews of the decisions and reports on registries as required 41 pursuant to subparagraph [three] one of this paragraph within twenty- 42 four hours of the issuance of such temporary emergency order. Should 43 such twenty-four hour period fall on a day when court is not in session, 44 then the required reviews shall take place the next day the court is in 45 session. Upon reviewing decisions and reports the court shall notify 46 associated counsel, self-represented parties and attorneys for children 47 pursuant to subparagraph [four] three of this paragraph and may issue 48 temporary or permanent custody or visitation orders. 49 [(7)] (6) Feasibility study. The commissioner of the office of chil- 50 dren and family services, in conjunction with the office of court admin- 51 istration, is hereby authorized and directed to examine, study, evaluate 52 and make recommendations concerning the feasibility of the utilization 53 of computers in courts which are connected to the statewide central 54 register of child abuse and maltreatment established and maintained 55 pursuant to section four hundred twenty-two of the social services law, 56 as a means of providing courts with information regarding partiesA. 3346--C 7 1 requesting orders of custody or visitation. Such commissioner shall make 2 a preliminary report to the governor and the legislature of findings, 3 conclusions and recommendations not later than January first, two thou- 4 sand nine, and a final report of findings, conclusions and recommenda- 5 tions not later than June first, two thousand nine, and shall submit 6 with the reports such legislative proposals as are deemed necessary to 7 implement the commissioner's recommendations. 8 § 4. The domestic relations law is amended by adding a new section 9 240-e to read as follows: 10 § 240-e. Custody and visitation; safety of the child. The legislature 11 recognizes that the safety of children is of paramount importance and is 12 an integral element of their best interests. To that end, the legisla- 13 ture finds that judicial decisions regarding custody of, and access to, 14 children shall promote the safety of children as a threshold issue. 1. 15 For the purposes of this section, the following terms shall have the 16 following meanings: 17 (a) "Victim of domestic violence" shall have the same meaning as 18 defined in section four hundred fifty-nine-a of the social services law. 19 (b) "Coercive control" means a pattern of behavior that in purpose or 20 effect unreasonably restricts a party's safety or autonomy through 21 implicit or explicit threats, or intimidation, or by compelling compli- 22 ance. This conduct includes, but is not limited to: 23 (i) isolating the other party from friends, family or other sources of 24 support; 25 (ii) interfering with a party's freedom of movement; 26 (iii) depriving the other party of basic necessities such as food, 27 sleep, clothing, housing, medication or medical care; 28 (iv) controlling, regulating, surveilling or monitoring the other 29 party's movements, communications, daily behavior, appearance, finances, 30 economic resources or access to services; 31 (v) compelling the other party by force, threat of force or intim- 32 idation, including but not limited to threats based on actual or 33 suspected immigration status, to engage in conduct from which the other 34 party has a right to abstain or to abstain from conduct in which the 35 other party has a right to engage; 36 (vi) interfering with the other party's education or employment; 37 (vii) forcing or compelling the other party to perform sex acts, or 38 threats of a sexual nature, including but not limited to threatened acts 39 of sexual conduct, threats based on a person's sexuality or threats to 40 release intimate images; or 41 (viii) cleaning, accessing, displaying, using or wearing a firearm or 42 other dangerous weapon in an intimidating or threatening manner. 43 2. Notwithstanding any other provision of law to the contrary, a court 44 making a final determination of custody or visitation based on the best 45 interests of a child pursuant to the provisions of this chapter shall 46 prioritize and promote the safety of such child when making such deter- 47 minations. Only competent, material, and relevant evidence shall be 48 admitted, however, the hearsay statements of the child may be admitted 49 when corroborated by other evidence, pursuant to article ten of the 50 family court act. Promoting the safety of a child shall include prevent- 51 ing direct physical or emotional harm to such child. In making such 52 final determinations, the court, if possible, should consider: 53 (a) which party is more likely to protect the safety of the child, and 54 whether any party poses a serious or imminent risk to the safety of the 55 child;A. 3346--C 8 1 (b) whether any party to the proceeding has committed, or has threat- 2 ened to commit, an act of child abuse or child neglect against the 3 child, or has committed or threatened to commit an act of domestic 4 violence against the party making the allegation, or a family or house- 5 hold member of either party as such family or household member is 6 defined in article eight of the family court act; 7 (c) any party's history of domestic violence, child abuse or child 8 neglect, child sexual abuse or incidents involving harm to a child or 9 serious or imminent risk to the child's safety; 10 (d) police reports, including domestic violence incident reports or 11 reporting of incidents involving child abuse, child neglect or domestic 12 violence by a party; 13 (e) evidence and findings or allegations of child abuse, child 14 neglect, domestic violence, or serious or imminent risk to the child's 15 safety, including but not limited to: 16 (i) an increase in frequency or severity of domestic violence; 17 (ii) use or threats to use a weapon or dangerous instrument, or unlaw- 18 ful possession of firearms; 19 (iii) threats to harm or kill the child, the other party, the other 20 party's children, self or others, or companion animals; 21 (iv) sexual abuse or other sexual offenses against the child or other 22 party; 23 (v) unlawful dissemination or publication of an intimate image, pursu- 24 ant to section 245.15 of the penal law; 25 (vi) incidents involving obstruction of breathing or strangulation; 26 (vii) any party's pattern of alcohol or substance abuse that poses 27 serious or imminent risk to the child's safety; 28 (viii) incidents of violence during pregnancy; 29 (ix) incidents of stalking or cyber stalking; and 30 (x) coercive control, as defined in paragraph (b) of subdivision one 31 of this section; 32 (f) whether any party has been found to have committed an act pursuant 33 to section eight hundred twelve of the family court act between spouses 34 or former spouses, or between parent and child or between members of the 35 same family or household; 36 (g) whether any party has used or threatened to use a dangerous 37 instrument to harm the other party, child, or a third party, including a 38 firearm, except in incidents involving self-defense, or has unlawfully 39 possessed a weapon or firearm, or has been convicted of criminal 40 possession of a weapon or criminal use of a firearm pursuant to article 41 two hundred sixty-five of the penal law, or is or has been subject to an 42 extreme risk protection order, pursuant to article sixty-three-A of the 43 civil practice law and rules; and 44 (h) which party has been the primary caretaker of the child, primarily 45 attending to the physical, emotional, developmental, educational, and 46 any special needs of the child. 47 3. There shall be a rebuttable presumption that custody or visitation 48 that is unsupervised or without sufficient protection of the child's 49 safety shall not be awarded to a party who poses a serious or imminent 50 risk to the child's safety. 51 4. (a) In any proceeding for custody or visitation where a party 52 asserts credible allegations of incidents or threats of domestic 53 violence, child abuse or child neglect, the court shall not find that 54 the party who has made such allegations has alienated the child against 55 the other party or failed to support the child's relationship with the 56 other party.A. 3346--C 9 1 (b) The court shall not presume that a child's reluctance to interact 2 with a party was caused by the other party, nor shall a party be given 3 custody for the purpose of improving a relationship between the child 4 and such party or in an attempt to address the child's reluctance to 5 interact with such party. 6 (c) In cases involving domestic violence, coercive control, child 7 abuse or child neglect, the court shall not order the child to a 8 reunification camp with a party that poses a serious or imminent risk to 9 the child's safety. 10 (d) Nothing in this section shall be construed to create an exception 11 to section seven hundred fifty-three of the judiciary law, or any other 12 enforcement provision, such that a party may seek to enforce any proper 13 ruling of the court, unless stayed, concerning access to the child or 14 conditions of access to the child. 15 5. In cases involving domestic violence, coercive control, child abuse 16 or child neglect, there shall be a rebuttable presumption that no order 17 of joint custody shall be made. The court shall not suggest that in 18 order to retain custody, a party must agree to joint custody. The court 19 shall not use a party's refusal to consent to joint custody against such 20 party when making its final custody or visitation determination. 21 6. (a) The chief administrator of the courts shall promulgate and 22 enforce rules mandating comprehensive training on domestic violence, 23 child abuse and child neglect before judges, referees, or other hearing 24 officers preside over child custody proceedings in which one or more 25 parties have alleged domestic violence or child abuse and supplemental 26 training every two years thereafter to remain eligible to preside over 27 such proceedings. Such training shall address current knowledge and law 28 relating to domestic violence, child abuse and child neglect, with the 29 goal of making appropriate custody and visitation decisions that prior- 30 itize children's safety and are culturally sensitive and appropriate for 31 diverse communities. The office of court administration, in consultation 32 with the office for the prevention of domestic violence, shall develop 33 and conduct such training, which shall be reviewed and updated at least 34 once every two years. Such training shall include, but not be limited 35 to: 36 (1) relevant statutes and case law pertaining to domestic violence and 37 child abuse; 38 (2) the power and control dynamics of domestic violence and child 39 abuse, including but not limited to, stalking, and emotional, financial, 40 physical, technological, cyber, sexual, and litigation abuse, and the 41 tactics commonly used to induce fear in or to dominate or control a 42 partner or child, including coercive control; 43 (3) the barriers and fears associated with reporting domestic violence 44 and child abuse and neglect, and the increased risk of escalating 45 violence during child custody and visitation proceedings; 46 (4) the science and experience of trauma and other psychological 47 impacts of abuse in adults and children, including the importance of 48 judges maintaining trauma-informed courts, and the dangers and inadmis- 49 sibility of non-scientific theories, such as parental alienation, 50 parental alienation syndrome, parental gatekeeping, or any other theory 51 that is not supported by scientific research and not generally accepted 52 by the scientific community; 53 (5) the distinction between inappropriate interference with the child- 54 parent relationship versus protective parenting in the context of domes- 55 tic violence or child abuse and neglect;A. 3346--C 10 1 (6) how to consider serious and imminent risk to a child or such 2 child's parent, pursuant to subdivision one of section two hundred forty 3 of this article for the purpose of issuing a temporary order of custody 4 or visitation; 5 (7) best practices in assessing allegations of domestic violence and 6 child abuse and neglect; in assessing the value and limitations of 7 reports of suspected child abuse or neglect conducted by law enforcement 8 or departments of social services; and 9 (8) assessing the qualifications and reports of child custody evalu- 10 ators and mental health treatment providers. 11 § 5. Section 70 of the domestic relations law, as amended by chapter 12 457 of the laws of 1988, is amended to read as follows: 13 § 70. Habeas corpus for child detained by parent. (a) The legislature 14 recognizes that the safety of children is of paramount importance and is 15 an integral element of their best interests. To that end, the legisla- 16 ture finds that judicial decisions regarding custody of, and access to, 17 children shall promote the safety of children as a threshold issue. 18 (b)(i) Where a minor child is residing within this state, either 19 parent may apply to the supreme court for a writ of habeas corpus to 20 have such minor child brought before such court; and on the return ther- 21 eof, the court, on due consideration, may award the natural guardian- 22 ship, charge and custody of such child to either parent for such time, 23 under such regulations and restrictions, and with such provisions and 24 directions, as the case may require, and may at any time thereafter 25 vacate or modify such order. In all cases there shall be no prima facie 26 right to the custody of the child in either parent, but the court shall 27 determine solely what is for the best interest of the child, and what 28 will best promote its welfare and happiness, and make award accordingly. 29 [(b)] Where the court issues any initial or successive temporary order 30 of custody or visitation or permanent order of custody or visitation, 31 the court shall conduct a review of any findings or credible allegations 32 of child abuse, child neglect, domestic violence, or serious or imminent 33 risk to the child's safety, and the decisions and reports listed in 34 subparagraph one of paragraph (a-1) of subdivision one of section two 35 hundred forty of this chapter, unless such a review has been conducted 36 within ninety days prior to the issuance of such order. 37 (ii) When issuing any temporary order of custody or visitation, the 38 court shall state in writing any findings of child abuse, child neglect, 39 domestic violence, or serious or imminent risk to the child's safety, 40 and the factors, decisions and reports considered in making such find- 41 ings, and the reasons for any limitations or restrictions placed on a 42 party's custody, visitation or contact with such child. Any party or the 43 attorney for the child in a proceeding for a temporary order in which a 44 prompt evidentiary hearing has been held regarding imminent risk to the 45 child's safety pursuant to this chapter shall have a right to appeal to 46 the appropriate appellate division, pursuant to article eleven of the 47 family court act. 48 (iii) Notwithstanding any other provision of law to the contrary, a 49 court making a final determination of custody or visitation based on the 50 best interests of a child pursuant to the provisions of this chapter 51 shall prioritize and promote the safety of such child when making such 52 determinations. Only competent, material and relevant evidence shall be 53 admitted, pursuant to article ten of the family court act, however the 54 hearsay statements of the child may be admitted when corroborated by 55 other evidence. Promoting the safety of a child shall include preventing 56 direct physical or emotional harm to such child and shall be assessed byA. 3346--C 11 1 considering any findings or credible allegations of child abuse, child 2 neglect, domestic violence, or serious or imminent risk to the child's 3 safety, and decisions and reports identified in subparagraph one of 4 paragraph (a-1) of subdivision one of section two hundred forty of this 5 chapter. 6 (iv) In making a decision pursuant to paragraph (i) of this subdivi- 7 sion, the court shall be bound by the presumptions and admissibility 8 described pursuant to section two hundred forty of this chapter. 9 Further, the court shall not take into consideration whether either 10 party is married, was formerly married or has ever been married to the 11 other party or anyone else. 12 (v) In cases involving domestic violence, coercive control, child 13 abuse or child neglect, there shall be a rebuttable presumption that no 14 order of joint custody shall be made. The court shall not suggest that 15 in order to retain custody, a party must agree to joint custody. The 16 court shall not use a party's refusal to consent to joint custody 17 against such party when making its final custody or visitation determi- 18 nation, as described in subdivision five of section two hundred forty-e 19 of this chapter. 20 (vi) Before judges, referees and other hearing officers preside over 21 child custody proceedings in which one or more parties have alleged 22 domestic violence or child abuse, they shall complete initial training 23 for the handling of such cases as described pursuant to paragraph (a) of 24 subdivision six of section two hundred forty-e of this chapter. Once 25 initial training requirements have been met, judges, referees and other 26 hearing officers shall complete additional training every two years 27 thereafter to remain eligible to preside over such proceedings as 28 described pursuant to paragraph (a) of subdivision six of section two 29 hundred forty-e of this chapter. 30 (c) Any order under this section which applies to rights of visitation 31 with a child remanded or placed in the care of a person, official, agen- 32 cy or institution pursuant to article ten of the family court act or 33 pursuant to an instrument approved under section three hundred fifty- 34 eight-a of the social services law, shall be enforceable pursuant to the 35 provisions of part eight of article ten of such act, sections three 36 hundred fifty-eight-a and three hundred eighty-four-a of the social 37 services law and other applicable provisions of law against any person 38 or official having care and custody, or temporary care and custody, of 39 such child. 40 § 6. Subdivision (b) of section 651 of the family court act, as 41 amended by chapter 657 of the laws of 2003, is amended to read as 42 follows: 43 (b) (i) When initiated in the family court, the family court has 44 jurisdiction to determine, in accordance with subdivision one of section 45 two hundred forty of the domestic relations law and with the same powers 46 possessed by the supreme court in addition to its own powers, habeas 47 corpus proceedings and proceedings brought by petition and order to show 48 cause, for the determination of the custody or visitation of minors, 49 including applications by a grandparent or grandparents for visitation 50 or custody rights pursuant to section seventy-two or two hundred forty 51 of the domestic relations law. 52 (ii) The family court shall, in collaboration with the office for the 53 prevention of domestic violence, update its petition used by parties to 54 initiate child custody and visitation proceedings in a manner to permit 55 petitioners to identify findings or allegations of child abuse, childA. 3346--C 12 1 neglect, domestic violence, or serious or imminent risk to a child's 2 safety. 3 § 7. Subdivision (e) of section 651 of the family court act, as 4 amended by chapter 295 of the laws of 2009, is amended to read as 5 follows: 6 (e) The legislature recognizes that the safety of children is of para- 7 mount importance and is an integral element of their best interests. To 8 that end, the legislature finds that judicial decisions regarding custo- 9 dy of, and access to, children shall promote the safety of children as a 10 threshold issue. 11 1. [Permanent and initial temporary orders of custody or visitation.12Prior to the issuance of any permanent or initial temporary order of13custody or visitation, the court shall conduct a review of the decisions14and reports listed in paragraph three of this subdivision.] Prompt 15 evidentiary hearing. Upon the application of a party to an action 16 concerning custody of or visitation with a child, or of an attorney for 17 the child, asserting credible allegations of incidents or threats of 18 domestic violence, child abuse or child neglect that, if true, would 19 pose a serious or imminent risk to the safety of the child, the court 20 shall hold a prompt evidentiary hearing to determine whether temporary 21 limitations or conditions on the custody or visitation rights of the 22 party who is alleged to have committed or threatened to commit domestic 23 violence, child abuse or child neglect are necessary to avoid serious or 24 imminent risk to the child's safety, pursuant to paragraph (a-1) of 25 subdivision one of section two hundred forty and section two hundred 26 forty-e of the domestic relations law. When the parties first appear in 27 court, the court shall advise the parties before proceeding of the right 28 to be represented by counsel of their own choosing, of the right to have 29 an adjournment of no longer than fourteen court days to confer with 30 counsel, and the right to obtain counsel fees and expenses, pursuant to 31 section two hundred thirty-seven of the domestic relations law. The 32 court shall assign counsel to the eligible parties and children, pursu- 33 ant to article two of this chapter and subdivisions seven and eight of 34 section thirty-five of the judiciary law. 35 2. [Successive temporary orders of custody or visitation. Prior to the36issuance of any successive temporary order of custody or visitation, the37court shall conduct a review of the decisions and reports listed in38paragraph three of this subdivision, unless such a review has been39conducted within ninety days prior to the issuance of such order.403. Decisions] Findings and allegations of child abuse, child neglect, 41 domestic violence, and serious or imminent risk to a child's safety, and 42 the decisions and reports for review. The court shall conduct a review 43 of the following, if available: 44 (i) related decisions in court proceedings initiated pursuant to arti- 45 cle ten of this act, and all warrants issued under this act; [and] 46 (ii) whether any party to the action alleges that the other party to 47 the proceeding has committed, or has threatened to commit, an act of 48 child abuse or child neglect against the child, or has committed, or has 49 threatened to commit, an act of domestic violence against the party 50 making the allegation or a family or household member of either party, 51 as such family or household member is defined in article eight of this 52 chapter; 53 (iii) any party's history of domestic violence, child abuse or child 54 neglect, child sexual abuse or incidents involving harm to a child, or 55 serious or imminent risk to a child's safety;A. 3346--C 13 1 (iv) police reports, including domestic violence incident reports, or 2 reporting of incidents involving child abuse, child neglect or domestic 3 violence by a party; 4 (v) evidence, findings and credible allegations of child abuse, child 5 neglect, domestic violence, or serious or imminent risk to a child's 6 safety, including but not limited to: 7 (a) an increase in frequency or severity of domestic violence; 8 (b) use or threats to use a weapon or dangerous instrument, or unlaw- 9 ful possession of firearms; 10 (c) threats to harm or kill the child, the other party, the other 11 party's children, self or others, or companion animals; 12 (d) sexual abuse or other sexual offenses against the child or other 13 party; 14 (e) unlawful dissemination or publication of an intimate image, pursu- 15 ant to section 245.15 of the penal law; 16 (f) incidents involving obstruction of breathing or strangulation; 17 (g) any party's pattern of alcohol or substance abuse that poses seri- 18 ous or imminent risk to the child's safety; 19 (h) incidents of violence during pregnancy; 20 (i) incidents of stalking or cyber stalking; and 21 (j) coercive control, as defined in paragraph (b) of subdivision one 22 of section two hundred forty-e of the domestic relations law; and 23 (vi) reports of the statewide computerized registry of orders of 24 protection established and maintained pursuant to section two hundred 25 twenty-one-a of the executive law, and reports of the sex offender 26 registry established and maintained pursuant to section one hundred 27 sixty-eight-b of the correction law. 28 3. Appeal. In addition to the right of appeal regarding a final order, 29 any party or the attorney for the child in a proceeding for a temporary 30 order of custody or visitation pursuant to this paragraph in which a 31 prompt evidentiary hearing has been held regarding imminent risk to the 32 child's safety by reason of a family offense or child maltreatment in an 33 application for a permanent or temporary order of custody or visitation 34 shall have a right to appeal the granting or denial of the temporary 35 order, or the terms of such order, to the appropriate appellate divi- 36 sion. An appeal under this subparagraph shall be given a preference 37 pursuant to rule five thousand five hundred twenty-one of the civil 38 practice law and rules. 39 A notice of appeal regarding the granting or denial of the temporary 40 order, or the terms of such order, by the supreme court under this 41 subdivision shall be filed in accordance with subdivision (a) of section 42 five thousand five hundred thirteen of the civil practice law and rules. 43 A notice of appeal regarding the granting or denial of the temporary 44 order, or the terms of such order, by a family court under this subdivi- 45 sion shall be filed no later than thirty days after the service by a 46 party or the child's attorney upon the appellant of any order from which 47 the appeal is taken or receipt of the order in court or thirty-five days 48 from mailing or electronic transmission of the order by the court, 49 whichever is earliest. 50 Pending the determination of such appeal, the appellate division in 51 which the appeal is pending may stay the order on appeal pursuant to 52 subdivision (c) of section five thousand five hundred nineteen of the 53 civil practice law and rules where such court determines that the effect 54 of the order on appeals creates an imminent risk to the safety of the 55 child and that a stay is necessary to avoid such risk. The party apply- 56 ing for the stay shall notify the attorneys for all parties and theA. 3346--C 14 1 attorney for the child of the time and place of such application. The 2 party applying for the stay shall state in the application the errors of 3 fact or law allegedly committed by the trial court. A party applying to 4 the appellate division for the stay shall make every reasonable effort 5 to obtain a complete transcript of the proceeding before the trial court 6 in accordance with the rules of the applicable appellate division. 7 4. Notifying counsel and issuing orders. Upon consideration of deci- 8 sions pursuant to article ten of this act, and registry reports and 9 notifying counsel involved in the proceeding, or in the event of a self- 10 represented party, notifying such party of the results thereof, includ- 11 ing any court appointed attorney for children, the court may issue a 12 temporary, successive temporary or final order of custody or visitation. 13 5. Temporary emergency order. Notwithstanding any other provision of 14 the law, upon emergency situations, including computer malfunctions, to 15 serve the best interest of the child, the court may issue a temporary 16 emergency order for custody or visitation in the event that it is not 17 possible to timely review decisions and reports on registries as 18 required pursuant to paragraph [three] two of this subdivision. 19 6. After issuing a temporary emergency order. After issuing a tempo- 20 rary emergency order of custody or visitation, the court shall conduct 21 reviews of the decisions and reports on registries as required pursuant 22 to paragraph [three] two of this subdivision within twenty-four hours of 23 the issuance of such temporary emergency order. Should such twenty-four 24 hour period fall on a day when court is not in session, then the 25 required reviews shall take place the next day the court is in session. 26 Upon reviewing decisions and reports the court shall notify associated 27 counsel, self-represented parties and attorneys for children pursuant to 28 paragraph four of this subdivision and may issue temporary or permanent 29 custody or visitation orders. 30 7. Feasibility study. The commissioner of the office of children and 31 family services, in conjunction with the office of court administration, 32 is hereby authorized and directed to examine, study, evaluate and make 33 recommendations concerning the feasibility of the utilization of comput- 34 ers in family courts which are connected to the statewide central regis- 35 ter of child abuse and maltreatment established and maintained pursuant 36 to section four hundred twenty-two of the social services law, as a 37 means of providing family courts with information regarding parties 38 requesting orders of custody or visitation. Such commissioner shall make 39 a preliminary report to the governor and the legislature of findings, 40 conclusions and recommendations not later than January thirty-first, two 41 thousand nine, and a final report of findings, conclusions and recommen- 42 dations not later than June first, two thousand nine, and shall submit 43 with the reports such legislative proposals as are deemed necessary to 44 implement the commissioner's recommendations. 45 § 8. Subdivision a of section 1112 of the family court act, as amended 46 by section 28 of part A of chapter 3 of the laws of 2005, is amended to 47 read as follows: 48 a. An appeal may be taken as of right from any order of disposition 49 and, in the discretion of the appropriate appellate division, from any 50 other order under this act. An appeal may be taken as of right to the 51 appropriate appellate division of the supreme court from an intermediate 52 or final order in a case involving abuse or neglect [may be taken as of53right to the appellate division of the supreme court] under article ten 54 of this act or from an order of the court after a prompt evidentiary 55 hearing under section six hundred fifty-one of this act or section 56 seventy or two hundred forty of the domestic relations law determiningA. 3346--C 15 1 an allegation of imminent risk to the child's safety and granting or 2 denying a temporary emergency order of custody or visitation. (i) Pend- 3 ing the determination of such appeal, such order shall be stayed where 4 the effect of [such] the order on appeal would be to discharge the 5 child[, if the family court or the court before which such appeal is6pending finds that such a stay is necessary to avoid imminent risk to7the child's life or health] in a case alleging abuse or neglect pursuant 8 to article ten of this act. In an appeal from an order in a custody or 9 visitation proceeding under article six of this act or section seventy 10 or two hundred forty of the domestic relations law that was issued upon 11 a prompt evidentiary hearing regarding an allegation of imminent risk to 12 a child's safety, the court before which the appeal is taken may stay 13 the order on appeal where the order would cause an imminent risk to the 14 child's safety during the pendency of the appeal and where such court 15 finds that a stay is necessary to avoid such imminent risk. (ii) A 16 preference in accordance with rule five thousand five hundred twenty-one 17 of the civil practice law and rules shall be afforded, without the 18 necessity of a motion, for appeals under article three; parts one and 19 two of article six; articles seven, ten, and ten-A of this act; and 20 sections three hundred fifty-eight-a, three hundred eighty-three-c, 21 three hundred eighty-four, and three hundred eighty-four-b of the social 22 services law and appeals from orders issued under part three of article 23 six of this act or section seventy or two hundred forty of the domestic 24 relations law upon a prompt evidentiary hearing regarding an allegation 25 of imminent risk to the child's safety. 26 § 9. Subdivision (d) of section 1114 of the family court act, as 27 amended by chapter 41 of the laws of 2010, is amended to read as 28 follows: 29 (d) Any party to a child protective proceeding, or the attorney for 30 the child, may apply to a justice of the appellate division for a stay 31 of an order issued pursuant to part two of article ten of this chapter 32 returning a child to the custody of a respondent. Such an application 33 may also be made in accordance with section one thousand one hundred 34 twelve of this act or subdivision (c) of section five thousand five 35 hundred nineteen of the civil practice law and rules to stay a court 36 order of custody or visitation pursuant to this act or the domestic 37 relations law where the order on appeal would cause an imminent risk to 38 the child's safety and where the court before which such appeal is pend- 39 ing finds that such a stay is necessary to avoid such imminent risk. The 40 party applying for the stay shall notify the attorneys for all parties 41 and the attorney for the child of the time and place of such applica- 42 tion. If requested by any party present, oral argument shall be had on 43 the application, except for good cause stated upon the record. The party 44 applying for the stay shall state in the application the errors of fact 45 or law allegedly committed by the [family] trial court. A party applying 46 to the [court] appellate division for the granting or continuation of 47 such stay shall make every reasonable effort to obtain a complete tran- 48 script of the proceeding before the [family] trial court in accordance 49 with the rules of the applicable appellate division. 50 § 10. Subdivision (a) of section 249 of the family court act, as 51 amended by chapter 3 of the laws of 2012, is amended to read as follows: 52 (a) In a proceeding under article three, seven, ten, ten-A or ten-C of 53 this act or where a revocation of an adoption consent is opposed under 54 section one hundred fifteen-b of the domestic relations law or in any 55 proceeding under section three hundred fifty-eight-a, three hundred 56 eighty-three-c, three hundred eighty-four or three hundred eighty-four-bA. 3346--C 16 1 of the social services law or when a minor is sought to be placed in 2 protective custody under section one hundred fifty-eight of this act or 3 in any proceeding where a minor is detained under or governed by the 4 interstate compact for juveniles established pursuant to section five 5 hundred one-e of the executive law, the family court shall appoint an 6 attorney to represent a minor who is the subject of the proceeding or 7 who is sought to be placed in protective custody, if independent legal 8 representation is not available to such minor. In any proceeding to 9 extend or continue the placement of a juvenile delinquent or person in 10 need of supervision pursuant to section seven hundred fifty-six or 353.3 11 of this act or any proceeding to extend or continue a commitment to the 12 custody of the commissioner of mental health or the commissioner of 13 people with developmental disabilities pursuant to section 322.2 of this 14 act, the court shall not permit the respondent to waive the right to be 15 represented by counsel chosen by the respondent, respondent's parent, or 16 other person legally responsible for the respondent's care, or by 17 assigned counsel. In any proceeding under article ten-B of this act, the 18 family court shall appoint an attorney to represent a youth, under the 19 age of twenty-one, who is the subject of the proceeding, if independent 20 legal representation is not available to such youth. In any proceeding 21 under article six of this act, the court shall appoint an attorney to 22 represent the child when credible allegations of serious or imminent 23 risk to the child's safety have been made. In any other proceeding in 24 which the court has jurisdiction, including all proceedings under arti- 25 cle six of this act, the court may appoint an attorney to represent the 26 child, when, in the opinion of the family court judge, such represen- 27 tation will serve the purposes of this act, if independent legal counsel 28 is not available to the child. The family court on its own motion may 29 make such appointment. 30 § 11. Subdivision (a) of section 249 of the family court act, as 31 amended by chapter 672 of the laws of 2019, is amended to read as 32 follows: 33 (a) In a proceeding under article three, seven, ten, ten-A or ten-C of 34 this act or where a revocation of an adoption consent is opposed under 35 section one hundred fifteen-b of the domestic relations law or in any 36 proceeding under section three hundred fifty-eight-a, three hundred 37 eighty-three-c, three hundred eighty-four or three hundred eighty-four-b 38 of the social services law or when a minor is sought to be placed in 39 protective custody under section one hundred fifty-eight of this act, 40 the family court shall appoint an attorney to represent a minor who is 41 the subject of the proceeding or who is sought to be placed in protec- 42 tive custody, if independent legal representation is not available to 43 such minor. In any proceeding to extend or continue the placement of a 44 juvenile delinquent or person in need of supervision pursuant to section 45 seven hundred fifty-six or 353.3 of this act or any proceeding to extend 46 or continue a commitment to the custody of the commissioner of mental 47 health or the commissioner of the office for people with developmental 48 disabilities pursuant to section 322.2 of this act, the court shall not 49 permit the respondent to waive the right to be represented by counsel 50 chosen by the respondent, respondent's parent, or other person legally 51 responsible for the respondent's care, or by assigned counsel. In any 52 proceeding under article ten-B of this act, the family court shall 53 appoint an attorney to represent a youth, under the age of twenty-one, 54 who is the subject of the proceeding, if independent legal represen- 55 tation is not available to such youth. In any proceeding under article 56 six of this act, the court shall appoint an attorney to represent theA. 3346--C 17 1 child when credible allegations of serious or imminent risk to the 2 child's safety have been made. In any other proceeding in which the 3 court has jurisdiction, including all proceedings under article six of 4 this act, the court may appoint an attorney to represent the child, 5 when, in the opinion of the family court judge, such representation will 6 serve the purposes of this act, if independent legal counsel is not 7 available to the child. The family court on its own motion may make such 8 appointment. 9 § 12. Subdivision (b) of rule 5521 of the civil practice law and 10 rules, as amended by chapter 707 of the laws of 2019, is amended to read 11 as follows: 12 (b) Consistent with the provisions of section one thousand one hundred 13 twelve of the family court act, appeals from orders, judgments or 14 decrees in proceedings brought pursuant to articles three, seven, ten 15 and ten-A and parts one and two of article six of the family court act, 16 and pursuant to sections three hundred fifty-eight-a, three hundred 17 eighty-three-c, three hundred eighty-four, and three hundred eighty- 18 four-b of the social services law, and pursuant to paragraph (d) of 19 subdivision four and subparagraph (ii) of paragraph (d) of subdivision 20 five of section eighty-nine of the public officers law, and appeals from 21 orders issued under part three of article six of the family court act or 22 section seventy or two hundred forty of the domestic relations law upon 23 a prompt evidentiary hearing regarding an allegation of imminent risk to 24 a child's safety shall be given preference and may be brought on for 25 argument on such terms and conditions as the court may direct without 26 the necessity of a motion. 27 § 13. This act shall take effect on the one hundred twentieth day 28 after it shall have become a law; provided, however, that the amendments 29 to subdivision (a) of section 249 of the family court act made by 30 section ten of this act shall be subject to the expiration and reversion 31 of such subdivision pursuant to section 8 of chapter 29 of the laws of 32 2011, as amended, when upon such date the provisions of section eleven 33 of this act shall take effect. Effective immediately, the addition, 34 amendment and/or repeal of any rule or regulation necessary for the 35 implementation of this act on its effective date are authorized to be 36 made and completed on or before such effective date.
