Bill Text: NY A03807 | 2019-2020 | General Assembly | Introduced


Bill Title: Requires the state, by and through the secretary of state, to make good faith efforts to notify a non-custodial parent when a minor is the victim of a crime of violence and/or sexual abuse; requires the court upon the arraignment of a criminal defendant to investigate whether the defendant is the parent of a minor child and if so, to instruct the defendant to make an appropriate plan for the child; requires the court to notify a non-custodial parent of the custodial parent's arrest for the commission of a felony; and requires family courts to require parties to a custody and/or visitation proceeding, one of which who was previously arrested on a felony charge, to immediately notify the other parent of such arrest.

Spectrum: Partisan Bill (Republican 6-0)

Status: (Introduced) 2020-01-08 - referred to children and families [A03807 Detail]

Download: New_York-2019-A03807-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3807
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 31, 2019
                                       ___________
        Introduced  by  M. of A. McDONOUGH, CROUCH, RAIA, MORINELLO, BRABENEC --
          Multi-Sponsored by -- M. of A. M. L. MILLER -- read once and  referred
          to the Committee on Children and Families
        AN  ACT  to amend the executive law, in relation to requiring the super-
          intendent of state police to  develop  and  disseminate  policies  and
          procedures  in  regard  to notifying a non-custodial parent of a minor
          child when such child has been the victim of violence or sexual abuse;
          to amend the criminal procedure law, in relation to notifying  a  non-
          custodial  parent  of the custodial parent's arrest for the commission
          of a felony; and to amend the family court act, in relation to requir-
          ing family courts to include such notice requirements within the  text
          of child custody determinations
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 214-a of the executive law, as added by chapter 504
     2  of the laws of 1988, is amended to read as follows:
     3    § 214-a. Child abuse prevention. The  superintendent  shall,  for  all
     4  members of the state police:
     5    (1)  develop, maintain and disseminate written policies and procedures
     6  pursuant to title six of article six of  the  social  services  law  and
     7  applicable  provisions of article ten of the family court act, regarding
     8  the mandatory reporting of child abuse or neglect, reporting  procedures
     9  and  obligations  of persons required to report, provisions for taking a
    10  child into protective custody, mandatory reporting of  deaths,  immunity
    11  from  liability, penalties for failure to report and obligations for the
    12  provision of services and procedures necessary to safeguard the life  or
    13  health of the child; [and]
    14    (2)  develop, maintain and disseminate written policies and procedures
    15  regarding mandatory notification to a non-custodial parent  of  a  minor
    16  child  when  such minor child has been the victim of a crime of violence
    17  or sexual abuse; and
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01724-01-9

        A. 3807                             2
     1    (3) establish, and implement on an ongoing basis, a  training  program
     2  for  all current and new employees regarding the policies and procedures
     3  established pursuant to this section.
     4    § 2. Section 170.10 of the criminal procedure law is amended by adding
     5  two new subdivisions 11 and 12 to read as follows:
     6    11.  Upon the arraignment, the court shall instruct the defendant that
     7  if the defendant is the custodial parent of a child, the defendant shall
     8  immediately make an appropriate plan for the child while  the  defendant
     9  remains  in custody. The court shall further instruct the defendant that
    10  failure to make an appropriate plan for  the  child  may  be  considered
    11  child  neglect  and/or abuse pursuant to article ten of the family court
    12  act.
    13    If the court discovers that the defendant has left  a  child  at  home
    14  without  adult  supervision,  the  court  shall  immediately contact the
    15  office of children and family services.
    16    12. Notwithstanding any other provision of law to the contrary,  if  a
    17  person is charged with the commission of a felony, the court shall:
    18    (a)  Upon the arraignment, inquire whether the defendant is the custo-
    19  dial parent of a minor child. The court shall exercise due diligence  in
    20  obtaining  the  whereabouts  and contact information of such minor child
    21  and the name and contact information of  the  non-custodial  parent,  if
    22  any. For purposes of this subdivision, "non-custodial parent" shall mean
    23  any person recognized as the biological parent of a minor child, includ-
    24  ing,  but  not  limited  to,  persons  named on such minor child's birth
    25  certificate and/or named within a child  support  or  custody/visitation
    26  order issued by a court of competent jurisdiction, and who does not have
    27  physical custody of the child at the time of the person's arrest; and
    28    (b)  Within  ten days after the arraignment, contact the non-custodial
    29  parent and inform such parent of such arrest.
    30    (c) The provisions of this subdivision shall not apply where an  order
    31  of  protection  has  been  issued  against the non-custodial parent by a
    32  court of competent jurisdiction.
    33    § 3. The family court act is amended by adding a new  section  658  to
    34  read as follows:
    35    §  658.  Required  conditions  to a child custody determination when a
    36  party to the custody and/or visitation proceeding  has  been  previously
    37  arrested  on a felony charge.  Where a party to a custody and/or visita-
    38  tion proceeding has been previously arrested and/or convicted on a felo-
    39  ny charge, the court shall not accept or issue a child custody  determi-
    40  nation without requiring the following conditions:
    41    (a)  If  either  party  to the custody and/or visitation proceeding is
    42  subsequently arrested on a felony charge, such party  shall  immediately
    43  notify the other party of their arrest;
    44    (b)  If either party to the custody and/or visitation proceeding relo-
    45  cates to another state, the relocating party shall register the  custody
    46  and/or  visitation determination with the other state within thirty days
    47  after relocation and such party's failure to register the  determination
    48  within  the specified time period shall be considered a per se violation
    49  of the child custody determination of this state; and
    50    (c) Both parties shall promptly notify the state in  which  the  child
    51  currently resides of any change in address and/or other contact informa-
    52  tion deemed appropriate.
    53    §  4.  This act shall take effect the first of January next succeeding
    54  the date on which it shall have become a law.
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