Bill Text: NY A06690 | 2011-2012 | General Assembly | Introduced
Bill Title: Makes numerous modifications to provisions of various laws relating to child custody matters; provides for shared parenting custody; provides for parenting time rather than visitation; provides for mediation and counseling in matrimonial actions involving children; establishes sanctions for interference with parenting time; provides for equality in the burden of child support between parents; bases child support on net income exclusive of income and FICA taxes; provides that child support ceases at age 18; requires contract support collection agents to be audited; deals with DNA evidence when question of paternity; increases parental access to information.
Spectrum: Partisan Bill (Republican 8-0)
Status: (Introduced - Dead) 2012-06-05 - held for consideration in judiciary [A06690 Detail]
Download: New_York-2011-A06690-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 6690 2011-2012 Regular Sessions I N A S S E M B L Y March 24, 2011 ___________ Introduced by M. of A. KOLB, CROUCH, FINCH -- Multi-Sponsored by -- M. of A. CALHOUN, GIGLIO, JORDAN -- read once and referred to the Commit- tee 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 opening all family court proceedings to the public; 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; to amend the family court act and the social services law, in relation to the payment of child support; and to repeal paragraphs (e) and (f) of subdivision 1-b of section 240 of the domestic relations law relat- ing to child support THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Legislative findings and intent. The legislature hereby 2 finds that, in cases of child custody, the court's paramount concern is 3 always the best interests of the child. Shared parenting, where both 4 parents share as equally as possible in the legal responsibility, living 5 experience, and physical care of the child, has been found to be in the 6 child's best interests in certain circumstances. Where the relationship 7 between the parent and child is free from domestic violence, abuse, 8 neglect and other harmful circumstances, shared parenting is beneficial 9 to both parent and child. This legislation seeks to encourage courts and EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05866-01-1 A. 6690 2 1 interested parties to work towards the goal of shared parenting whenever 2 practical and when in the best interests of the child. 3 S 2. Short title. This act shall be known and may be cited as the 4 "family court reform act of 2011". 5 S 3. The domestic relations law is amended by adding a new section 6 240-d to read as follows: 7 S 240-D. CUSTODY OF CHILDREN. 1. WHERE THE COURT CONSIDERS AWARDING 8 SHARED PARENTING PURSUANT TO THE PROVISIONS OF THIS SECTION "SHARED 9 PARENTING" SHALL MEAN AN ORDER AWARDING CUSTODY OF THE CHILD TO BOTH 10 PARTIES SO THAT BOTH PARTIES SHARE EQUALLY THE LEGAL RESPONSIBILITY AND 11 CONTROL OF SUCH CHILD AND SHARE EQUALLY THE LIVING EXPERIENCE IN TIME 12 AND PHYSICAL CARE TO ASSURE FREQUENT AND CONTINUING CONTACT WITH BOTH 13 PARTIES, AS THE COURT DEEMS TO BE IN THE BEST INTERESTS OF THE CHILD, 14 TAKING INTO CONSIDERATION THE LOCATION AND CIRCUMSTANCES OF EACH PARTY. 15 THE TERM "SHARED PARENTING" WILL BE CONSIDERED INTERCHANGEABLE WITH 16 "NEARLY EQUAL SHARED PARENTING". AN AWARD OF JOINT PHYSICAL AND LEGAL 17 CUSTODY OBLIGATES THE PARTIES TO EXCHANGE INFORMATION CONCERNING THE 18 HEALTH, EDUCATION AND WELFARE OF THE MINOR CHILD, AND UNLESS ALLOCATED, 19 APPORTIONED, OR DECREED, THE PARENTS OR PARTIES SHALL CONFER WITH ONE 20 ANOTHER IN THE EXERCISE OF DECISION-MAKING RIGHTS, RESPONSIBILITIES AND 21 AUTHORITY. 22 1-A. (A) UPON THE INITIAL APPEARANCE IN COURT IN AN ACTION FOR 23 DIVORCE, NULLITY OR SEPARATE MAINTENANCE WHERE CUSTODY, VISITATION OR 24 SUPPORT OF A MINOR CHILD IS AT ISSUE, AND WHERE BOTH PARTIES AGREE TO 25 SHARED PARENTING, THE COURT SHALL APPOINT AN INDEPENDENT EVALUATOR WITH 26 EXPERTISE IN THE FIELD, INCLUDING BUT NOT LIMITED TO, CHILD PSYCHOLOGY, 27 DOMESTIC VIOLENCE COUNSELING, ETC., TO INVESTIGATE THE FAMILY DYNAMIC 28 AND INTERVIEW THE PARENTS, CHILDREN AND OTHER INTERESTED PARTIES, 29 INCLUDING BUT NOT LIMITED TO, FAMILY MEMBERS, FRIENDS AND CO-WORKERS. 30 THE INDEPENDENT EVALUATOR'S GOAL IS TO DETERMINE WHETHER SHARED PARENT- 31 ING IS IN THE BEST INTERESTS OF THE CHILD AND TO ENSURE THAT DOMESTIC 32 VIOLENCE AND/OR ANY OTHER TYPE OF ABUSE, REPORTED OR UNREPORTED BY THE 33 VICTIM OR BY AN APPROPRIATE FEDERAL, STATE OR MUNICIPAL AGENCY, IS NOT 34 PRESENT IN THE HOUSEHOLD SETTING. THE COURT SHALL UTILIZE THE INDEPEND- 35 ENT EVALUATOR'S ANALYSIS AND REPORT, ALONG WITH OTHER SUPPORTING DOCU- 36 MENTS PROVIDED BY THE PARTIES, TO DETERMINE THE BEST INTERESTS OF THE 37 CHILD AND TO AWARD CUSTODY BASED ON THAT DETERMINATION. 38 (B) THE COURT SHALL DETERMINE EACH PARTY'S ABILITY TO PAY THE COST 39 RELATED TO THE EVALUATION. ANY COST ABOVE AND BEYOND THE PARENTS' ABILI- 40 TY TO PAY SHALL BE INCURRED BY THE COUNTY. 41 (C) IF EITHER PARENT HAS AN ORDER OF PROTECTION AGAINST THE OTHER 42 PARENT BARRING CONTACT BETWEEN THE PARENT AND/OR CHILD, SHARED PARENTING 43 SHALL NOT BE A CUSTODIAL OPTION. IF EITHER PARENT HAS BEEN CONVICTED OF 44 ABUSE, INCLUDING BUT NOT LIMITED TO, DOMESTIC VIOLENCE AND SEXUAL ABUSE 45 AGAINST EITHER THE OTHER PARENT AND/OR THE CHILD, SHARED PARENTING SHALL 46 NOT BE A CUSTODIAL OPTION. IF EITHER PARENT ACCUSES THE OTHER PARENT OF 47 DOMESTIC VIOLENCE, SEXUAL ABUSE, ETC., AGAINST HIM OR HERSELF, AND/OR 48 THE CHILD, THE COURT SHALL SUSPEND ITS DETERMINATION AS TO WHETHER OR 49 NOT SHARED PARENTING IS IN THE BEST INTERESTS OF THE CHILD, UNTIL THE 50 ACCUSATION HAS BEEN INVESTIGATED AND A DETERMINATION HAS BEEN MADE BY 51 LAW ENFORCEMENT OR APPROPRIATE FEDERAL, STATE OR MUNICIPAL AGENCIES. IF 52 SUCH AGENCIES DETERMINE THAT THE ABUSE OCCURRED, SHARED PARENTING SHALL 53 NOT BE A CUSTODIAL OPTION. IF SUCH AGENCY FINDS THAT ABUSE WAS NOT PRES- 54 ENT, THE COURT SHALL RESUME ITS DETERMINATION AS TO WHETHER OR NOT 55 SHARED PARENTING IS IN THE BEST INTERESTS OF THE CHILD. SHOULD SUCH 56 ALLEGATIONS BE PROVEN FALSE AND THE COURT DETERMINED UPON MOTION BY THE A. 6690 3 1 ACCUSED PARTY THAT SUCH ALLEGATIONS WERE MADE MALICIOUSLY AND IN BAD 2 FAITH, THE COURT SHALL HAVE THE AUTHORITY TO SANCTION THE ACCUSING PARTY 3 PURSUANT TO THE POWERS GRANTED TO THE COURT PURSUANT TO SECTION TWO 4 HUNDRED FORTY OF THIS ARTICLE. 5 2. FOR THE PURPOSES OF THIS ARTICLE A "PARENTING PLAN" SHALL BE 6 REQUIRED TO BE SUBMITTED TO THE COURT IF THE COURT AWARDS SHARED PARENT- 7 ING. 8 EACH PARENT MUST AGREE TO A PARENTING PLAN DURING MEDIATION. THE 9 PARENTING PLAN WOULD PROVIDE FOR THE MINOR CHILDREN'S PHYSICAL CARE, 10 MAINTAIN THE MINOR CHILDREN'S EMOTIONAL STABILITY, AND PROVIDE FOR THE 11 MINOR CHILDREN'S CHANGING NEEDS AS HE OR SHE DEVELOPS, IN A MANNER WHICH 12 MINIMIZES THE NEED FOR FUTURE MODIFICATIONS TO THE PLAN. THE PARTIES 13 WOULD BE ENCOURAGED TO FULFILL THEIR PARENTING RESPONSIBILITIES THROUGH 14 AGREEMENTS IN THE PARENTING PLAN RATHER THAN BY RELYING ON JUDICIAL 15 INTERVENTION. 16 THE PLAN SHALL DETERMINE PROCEDURES FOR THE DAY TO DAY CARE OF THE 17 MINOR CHILD AND PROCEDURES FOR TRANSPORTING THE MINOR CHILD FROM ONE 18 PARENT TO THE OTHER PARENT AT THE START AND CONCLUSION OF PARENTING 19 TIME. THE PLAN SHALL INCLUDE TIME SPENT WITH EACH PARENT ON A WEEKLY 20 BASIS, SPECIAL OCCASIONS, INCLUDING BIRTHDAYS, RELIGIOUS AND SECULAR 21 HOLIDAYS AND VACATIONS. THE PLAN SHALL ALSO SPECIFY HOW MAJOR DECISIONS 22 REGARDING THE MINOR CHILD'S HEALTH CARE, EDUCATION, AND RELIGIOUS 23 UPBRINGING WILL BE MADE. THOSE ITEMS THAT REMAIN UNRESOLVED WILL GO 24 BEFORE THE JUDGE FOR DETERMINATION. THE JUDGE SHALL RELY, IN PART, ON 25 THE TESTIMONY OF THE MEDIATION COUNSELOR IN ALL UNRESOLVED ISSUES. 26 OTHER ISSUES, INCLUDING BUT NOT LIMITED TO PROPERTY DIVISION, FINANCIAL 27 ISSUES AND CHILD SUPPORT SHALL NOT BE ADDRESSED IN THIS PLAN. 28 THE COURT SHALL HAVE FINAL APPROVAL OVER SUCH PLAN AND MAY MODIFY, 29 SUSPEND OR NULLIFY THE PLAN AT ITS DISCRETION. THE COURT SHALL HAVE ONE 30 YEAR TO REVIEW THE PARENTING PLAN TO DETERMINE WHETHER SUCH PLAN IS 31 BEING FOLLOWED AND CONTINUES TO BE IN THE BEST INTERESTS OF THE CHILD. 32 AT SUCH TIME, THE COURT SHALL RETAIN THE POWER TO MODIFY, SUSPEND OR 33 NULLIFY THE PLAN BASED ON ITS FINDINGS. 34 S 4. The domestic relations law is amended by adding a new section 35 240-e to read as follows: 36 S 240-E. PARTIES IN DISAGREEMENT OVER SHARED PARENTING. 1. IF THE 37 PARTIES ARE SEEKING A CUSTODY ARRANGEMENT OTHER THAN SHARED PARENTING OR 38 WHERE ONE PARENT OBJECTS TO AN AWARD OF SHARED PARENTING, THE COURT MUST 39 DETERMINE WHAT CUSTODY ARRANGEMENT IS IN THE BEST INTERESTS OF THE 40 CHILD. IF ONE PARTY IS SEEKING SHARED PARENTING AND THE OTHER PARTY IS 41 SEEKING SOLE CUSTODY, BOTH PARTIES SHALL BEAR THE BURDEN OF PROOF THAT 42 THEIR REQUESTED ARRANGEMENT IS IN THE BEST INTERESTS OF THE CHILD 43 THROUGH THE INTRODUCTION OF TESTIMONY AND SUPPORTING DOCUMENTS, ETC. TO 44 THE COURT. 45 2. THE COURT SHALL DETERMINE EACH PARTY'S ABILITY TO PAY THE COST 46 RELATED TO THE EVALUATION. ANY COST ABOVE AND BEYOND THE PARENTS' ABIL- 47 ITY TO PAY SHALL BE INCURRED BY THE COUNTY. 48 3. THE COURT SHALL APPOINT AN INDEPENDENT EVALUATOR WITH EXPERTISE IN, 49 BUT NOT LIMITED TO, CHILD PSYCHOLOGY, DOMESTIC VIOLENCE COUNSELING, ETC. 50 TO INVESTIGATE THE FAMILY DYNAMIC AND INTERVIEW THE PARENTS, CHILDREN 51 AND OTHER INTERESTED PARTIES, INCLUDING BUT NOT LIMITED TO, FAMILY 52 MEMBERS, FRIENDS AND CO-WORKERS. THE INDEPENDENT EVALUATOR'S GOAL IS TO 53 DETERMINE WHAT CUSTODY ARRANGEMENT IS IN THE BEST INTERESTS OF THE CHILD 54 AND TO ENSURE THAT DOMESTIC VIOLENCE AND/OR ANY OTHER TYPE OF ABUSE, 55 REPORTED OR UNREPORTED BY THE VICTIM OR BY AN APPROPRIATE FEDERAL, STATE 56 OR MUNICIPAL AGENCY, IS NOT PRESENT IN THE HOUSEHOLD SETTING. THE COURT A. 6690 4 1 SHALL UTILIZE THE INDEPENDENT EVALUATOR'S ANALYSIS AND REPORT, ALONG 2 WITH OTHER SUPPORTING DOCUMENTS PROVIDED BY THE PARTIES, TO DETERMINE 3 THE BEST INTERESTS OF THE CHILD AND TO AWARD CUSTODY BASED ON THAT 4 DETERMINATION. IF ONE PARTY SOUGHT SHARED PARENTING, AND THE COURT FOUND 5 THAT SUCH AN AWARD WOULD NOT BE IN THE BEST INTERESTS OF THE CHILD, THE 6 COURT MUST STATE ITS REASONING BEHIND SUCH DETERMINATION IN THE ORDER 7 SETTING OUT THE CUSTODY AWARD. 8 4. THE COURT, IN ITS DISCRETION, MAY REQUIRE THE PARENT WHO WAS NOT 9 AWARDED SHARED PARENTING TO FULFILL CERTAIN CONDITIONS, INCLUDING BUT 10 NOT LIMITED TO, PARENTING CLASSES, GENERAL COUNSELING, ANGER MANAGEMENT 11 CLASSES, AND SUBSTANCE ABUSE COUNSELING, AND SHALL LIST SUCH CONDITIONS 12 ON THE CUSTODY ORDER. 13 5. UPON THE NON-CUSTODIAL PARENT'S MOTION, THE COURT SHALL, ONE YEAR 14 FOLLOWING THE INITIAL AWARD OF CUSTODY, REVISIT ITS FINDINGS AND MAKE A 15 SUBSEQUENT DETERMINATION WHETHER OR NOT SHARED PARENTING IS IN THE BEST 16 INTERESTS OF THE CHILD. SUCH REVIEW IS CONTINGENT ON THE NON-CUSTODIAL 17 PARENT'S COMPLETION OF THE CONDITIONS SET FORTH IN THE CUSTODY ORDER AND 18 THE REQUIREMENT THAT SUCH PARENT REMAIN CURRENT IN THEIR SUPPORT OBLI- 19 GATIONS. 20 S 5. Subdivision (b) of section 70 of the domestic relations law, as 21 added by chapter 457 of the laws of 1988, is amended to read as follows: 22 (b) Any order under this section which applies to rights of [visita- 23 tion] PARENTING TIME with a child remanded or placed in the care of a 24 person, official, agency or institution pursuant to article ten of the 25 family court act or pursuant to an instrument approved under section 26 three hundred fifty-eight-a of the social services law, shall be 27 enforceable pursuant to the provisions of part eight of article ten of 28 [such] THE FAMILY COURT act, sections three hundred fifty-eight-a and 29 three hundred eighty-four-a of the social services law and other appli- 30 cable provisions of law against any person or official having care and 31 custody, or temporary care and custody, of such child. 32 S 6. Section 71 of the domestic relations law, as added by chapter 318 33 of the laws of 1989, is amended to read as follows: 34 S 71. Special proceeding or habeas corpus to obtain [visitation] 35 PARENTING TIME rights in respect to certain infant siblings. Where 36 circumstances show that conditions exist which equity would see fit to 37 intervene, a brother or sister or, if he or she be a minor, a proper 38 person on his or her behalf of a child, whether by half or whole blood, 39 may apply to the supreme court by commencing a special proceeding or for 40 a writ of habeas corpus to have such child brought before such court, or 41 may apply to the family court pursuant to subdivision (b) of section six 42 hundred fifty-one of the family court act; and on the return thereof, 43 the court, by order, after due notice to the parent or any other person 44 or party having the care, custody, and control of such child, to be 45 given in such manner as the court shall prescribe, may make such 46 directions as the best interest of the child may require, for [visita- 47 tion] PARENTING TIME rights for such brother or sister in respect to 48 such child. 49 S 7. The section heading and subdivision 1 of section 72 of the domes- 50 tic relations law, as amended by chapter 657 of the laws of 2003, are 51 amended to read as follows: 52 Special proceeding or habeas corpus to obtain [visitation] PARENTING 53 TIME rights or custody in respect to certain infant grandchildren. 1. 54 Where either or both of the parents of a minor child, residing within 55 this state, is or are deceased, or where circumstances show that condi- 56 tions exist which equity would see fit to intervene, a grandparent or A. 6690 5 1 the grandparents of such child may apply to the supreme court by 2 commencing a special proceeding or for a writ of habeas corpus to have 3 such child brought before such court, or may apply to the family court 4 pursuant to subdivision (b) of section six hundred fifty-one of the 5 family court act; and on the return thereof, the court, by order, after 6 due notice to the parent or any other person or party having the care, 7 custody, and control of such child, to be given in such manner as the 8 court shall prescribe, may make such directions as the best interest of 9 the child may require, for [visitation] PARENTING TIME rights for such 10 grandparent or grandparents in respect to such child. 11 S 8. Subdivision 1 of section 235 of the domestic relations law, as 12 amended by chapter 122 of the laws of 1979, is amended to read as 13 follows: 14 1. An officer of the court with whom the proceedings in a matrimonial 15 action or a written agreement of separation or an action or proceeding 16 for custody, [visitation] PARENTING TIME or maintenance of a child are 17 filed, or before whom the testimony is taken, or his clerk, either 18 before or after the termination of the suit, shall not permit a copy of 19 any of the pleadings, affidavits, findings of fact, conclusions of law, 20 judgment of dissolution, written agreement of separation or memorandum 21 thereof, or testimony, or any examination or perusal thereof, to be 22 taken by any other person than a party, or the attorney or counsel of a 23 party, except by order of the court. 24 S 9. Subdivision (b) of section 237 of the domestic relations law, as 25 amended by chapter 329 of the laws of 2010, is amended to read as 26 follows: 27 (b) Upon any application to enforce, annul or modify an order or judg- 28 ment for alimony, maintenance, distributive award, distribution of mari- 29 tal property or for custody, [visitation] PARENTING TIME, or maintenance 30 of a child, made as in section two hundred thirty-six or section two 31 hundred forty of this article provided, or upon any application by writ 32 of habeas corpus or by petition and order to show cause concerning 33 custody, [visitation] PARENTING TIME or maintenance of a child, the 34 court may direct a spouse or parent to pay counsel fees and fees and 35 expenses of experts directly to the attorney of the other spouse or 36 parent to enable the other party to carry on or defend the application 37 or proceeding by the other spouse or parent as, in the court's 38 discretion, justice requires, having regard to the circumstances of the 39 case and of the respective parties. There shall be a rebuttable presump- 40 tion that counsel fees shall be awarded to the less monied spouse. In 41 exercising the court's discretion, the court shall seek to assure that 42 each party shall be adequately represented and that where fees and 43 expenses are to be awarded, they shall be awarded on a timely basis, 44 pendente lite, so as to enable adequate representation from the 45 commencement of the proceeding. Applications for the award of fees and 46 expenses may be made at any time or times prior to final judgment. Both 47 parties to the action or proceeding and their respective attorneys, 48 shall file an affidavit with the court detailing the financial agree- 49 ment, between the party and the attorney. Such affidavit shall include 50 the amount of any retainer, the amounts paid and still owing thereunder, 51 the hourly amount charged by the attorney, the amounts paid, or to be 52 paid, any experts, and any additional costs, disbursements or expenses. 53 Any applications for fees and expenses may be maintained by the attorney 54 for either spouse in counsel's own name in the same proceeding. Payment 55 of any retainer fees to the attorney for the petitioning party shall not A. 6690 6 1 preclude any awards of fees and expenses to an applicant which would 2 otherwise be allowed under this section. 3 S 10. Subdivisions 1 and 1-a of section 240 of the domestic relations 4 law, subdivision 1 as amended by chapter 624 of the laws of 2002, para- 5 graph (a) of subdivision 1 as amended by chapter 476 of the laws of 6 2009, paragraph (a-1) of subdivision 1 as amended by chapter 295 of the 7 laws of 2009, paragraph (a-2) of subdivision 1 as added by chapter 473 8 of the laws of 2009, subparagraph 3 of paragraph (b) and paragraph (d) 9 of subdivision 1 as added and clause (iii) of subparagraph 2 of para- 10 graph (c) of subdivision 1 as amended by chapter 215 of the laws of 11 2009, and subdivision 1-a as amended by chapter 12 of the laws of 1996, 12 are amended to read as follows: 13 1. (a) In any action or proceeding brought (1) to annul a marriage or 14 to declare the nullity of a void marriage, or (2) for a separation, or 15 (3) for a divorce, or (4) to obtain, by a writ of habeas corpus or by 16 petition and order to show cause, the custody of or right to [visita- 17 tion] PARENTING TIME with any child of a marriage, the court shall 18 require verification of the status of any child of the marriage with 19 respect to such child's custody and support, including any prior orders, 20 and shall enter orders for custody and support as, in the court's 21 discretion, justice requires, having regard to the circumstances of the 22 case and of the respective parties and to the best interests of the 23 child and subject to the provisions of subdivision one-c of this 24 section. Where either party to an action concerning custody of or a 25 right to [visitation] PARENTING TIME with a child alleges in a sworn 26 petition or complaint or sworn answer, cross-petition, counterclaim or 27 other sworn responsive pleading that the other party has committed an 28 act of domestic violence against the party making the allegation or a 29 family or household member of either party, as such family or household 30 member is defined in article eight of the family court act, and such 31 allegations are proven by a preponderance of the evidence, the court 32 must consider the effect of such domestic violence upon the best inter- 33 ests of the child, together with such other facts and circumstances as 34 the court deems relevant in making a direction pursuant to this section 35 and state on the record how such findings, facts and circumstances 36 factored into the direction. HOWEVER, SHOULD SUCH ALLEGATIONS BE PROVEN 37 FALSE, THE COURT SHALL HAVE WITHIN ITS POWER THE AUTHORITY TO SANCTION 38 THE ACCUSING PARTY. THE SUBJECT OF AN UNFOUNDED REPORT OF DOMESTIC ABUSE 39 WHO BELIEVES THE REPORT WAS MADE MALICIOUSLY AND IN BAD FAITH MAY PRES- 40 ENT A WRITTEN REQUEST TO THE COURT FOR A DETERMINATION THAT THE REPORTER 41 ACTED MALICIOUSLY OR IN BAD FAITH AND MUST BE SANCTIONED. If a parent 42 makes a good faith allegation based on a reasonable belief supported by 43 facts that the child is the victim of child abuse, child neglect, or the 44 effects of domestic violence, and if that parent acts lawfully and in 45 good faith in response to that reasonable belief to protect the child or 46 seek treatment for the child, then that parent shall not be deprived of 47 custody, [visitation] PARENTING TIME or contact with the child, or 48 restricted in custody, [visitation] PARENTING TIME or contact, based 49 solely on that belief or the reasonable actions taken based on that 50 belief. If an allegation that a child is abused is supported by a 51 preponderance of the evidence, then the court shall consider such 52 evidence of abuse in determining the [visitation] PARENTING TIME 53 arrangement that is in the best interest of the child, and the court 54 shall not place a child in the custody of a parent who presents a 55 substantial risk of harm to that child, and shall state on the record 56 how such findings were factored into the determination. An order direct- A. 6690 7 1 ing the payment of child support shall contain the social security 2 numbers of the named parties. [In all cases there shall be no prima 3 facie right to the custody of the child in either parent. Such direc- 4 tion] BEFORE THE COURT MAKES ANY ORDER AWARDING CUSTODY TO A PERSON OR 5 PERSONS OTHER THAN A PARENT WITHOUT CONSENT OF THE PARENTS, IT SHALL 6 MAKE A FINDING THAT AN AWARD OF CUSTODY TO A PARENT WOULD BE DETRIMENTAL 7 TO THE CHILD AND THE AWARD TO THE NONPARENT IS REQUIRED TO SERVE THE 8 BEST INTERESTS OF THE CHILD. ALLEGATIONS THAT PARENTAL CUSTODY WOULD BE 9 DETRIMENTAL TO THE CHILD, OTHER THAN A STATEMENT OF THE ULTIMATE FACT, 10 SHALL NOT APPEAR IN THE PLEADINGS. THE COURT MAY, IN ITS DISCRETION, 11 EXCLUDE THE PUBLIC FOR THE HEARING ON THIS ISSUE. THE COURT SHALL STATE 12 IN WRITING THE REASONS FOR ITS DECISION AND WHY THE AWARD MADE WAS FOUND 13 TO BE IN THE BEST INTEREST OF THE CHILD. ANY DIRECTION MADE PURSUANT TO 14 THIS SUBDIVISION shall make provision for child support out of the prop- 15 erty of [either or] both parents. The court shall make its award for 16 child support pursuant to subdivision one-b of this section. Such direc- 17 tion may provide for reasonable [visitation] PARENTING TIME rights to 18 the maternal and/or paternal grandparents of any child of the parties. 19 Such direction as it applies to rights of [visitation] PARENTING TIME 20 with a child remanded or placed in the care of a person, official, agen- 21 cy or institution pursuant to article ten of the family court act, or 22 pursuant to an instrument approved under section three hundred fifty- 23 eight-a of the social services law, shall be enforceable pursuant to 24 part eight of article ten of the family court act and sections three 25 hundred fifty-eight-a and three hundred eighty-four-a of the social 26 services law and other applicable provisions of law against any person 27 having care and custody, or temporary care and custody, of the child. 28 Notwithstanding any other provision of law, any written application or 29 motion to the court for the establishment, modification or enforcement 30 of a child support obligation for persons not in receipt of public 31 assistance and care must contain either a request for child support 32 enforcement services which would authorize the collection of the support 33 obligation by the immediate issuance of an income execution for support 34 enforcement as provided for by this chapter, completed in the manner 35 specified in section one hundred eleven-g of the social services law; or 36 a statement that the applicant has applied for or is in receipt of such 37 services; or a statement that the applicant knows of the availability of 38 such services, has declined them at this time and where support enforce- 39 ment services pursuant to section one hundred eleven-g of the social 40 services law have been declined that the applicant understands that an 41 income deduction order may be issued pursuant to subdivision (c) of 42 section fifty-two hundred forty-two of the civil practice law and rules 43 without other child support enforcement services and that payment of an 44 administrative fee may be required. The court shall provide a copy of 45 any such request for child support enforcement services to the support 46 collection unit of the appropriate social services district any time it 47 directs payments to be made to such support collection unit. Addi- 48 tionally, the copy of any such request shall be accompanied by the name, 49 address and social security number of the parties; the date and place of 50 the parties' marriage; the name and date of birth of the child or chil- 51 dren; and the name and address of the employers and income payors of the 52 party from whom child support is sought or from the party ordered to pay 53 child support to the other party. Such direction may require the payment 54 of a sum or sums of money either directly to the custodial parent or to 55 third persons for goods or services furnished for such child, or for 56 both payments to the custodial parent and to such third persons; A. 6690 8 1 provided, however, that unless the party seeking or receiving child 2 support has applied for or is receiving such services, the court shall 3 not direct such payments to be made to the support collection unit, as 4 established in section one hundred eleven-h of the social services law. 5 Every order directing the payment of support shall require that if 6 either parent currently, or at any time in the future, has health insur- 7 ance benefits available that may be extended or obtained to cover the 8 child, such parent is required to exercise the option of additional 9 coverage in favor of such child and execute and deliver to such person 10 any forms, notices, documents or instruments necessary to assure timely 11 payment of any health insurance claims for such child. 12 (a-1)(1) Permanent and initial temporary orders of custody or [visita- 13 tion] PARENTING TIME. Prior to the issuance of any permanent or initial 14 temporary order of custody or [visitation] PARENTING TIME, the court 15 shall conduct a review of the decisions and reports listed in subpara- 16 graph three of this paragraph. 17 (2) Successive temporary orders of custody or [visitation] PARENTING 18 TIME. Prior to the issuance of any successive temporary order of custody 19 or [visitation] PARENTING TIME, the court shall conduct a review of the 20 decisions and reports listed in subparagraph three of this paragraph, 21 unless such a review has been conducted within ninety days prior to the 22 issuance of such order. 23 (3) Decisions and reports for review. The court shall conduct a review 24 of the following: 25 (i) related decisions in court proceedings initiated pursuant to arti- 26 cle ten of the family court act, and all warrants issued under the fami- 27 ly court act; and 28 (ii) reports of the statewide computerized registry of orders of 29 protection established and maintained pursuant to section two hundred 30 twenty-one-a of the executive law, and reports of the sex offender 31 registry established and maintained pursuant to section one hundred 32 sixty-eight-b of the correction law. 33 (4) Notifying counsel and issuing orders. Upon consideration of deci- 34 sions pursuant to article ten of the family court act, and registry 35 reports and notifying counsel involved in the proceeding, or in the 36 event of a self-represented party, notifying such party of the results 37 thereof, including any court appointed attorney for children, the court 38 may issue a temporary, successive temporary or final order of custody or 39 [visitation] PARENTING TIME. 40 (5) Temporary emergency order. Notwithstanding any other provision of 41 the law, upon emergency situations, including computer malfunctions, to 42 serve the best interest of the child, the court may issue a temporary 43 emergency order for custody or [visitation] PARENTING TIME in the event 44 that it is not possible to timely review decisions and reports on regis- 45 tries as required pursuant to subparagraph three of this paragraph. 46 (6) After issuing a temporary emergency order. After issuing a tempo- 47 rary emergency order of custody or [visitation] PARENTING TIME, the 48 court shall conduct reviews of the decisions and reports on registries 49 as required pursuant to subparagraph three of this paragraph within 50 twenty-four hours of the issuance of such temporary emergency order. 51 Should such twenty-four hour period fall on a day when court is not in 52 session, then the required reviews shall take place the next day the 53 court is in session. Upon reviewing decisions and reports the court 54 shall notify associated counsel, self-represented parties and attorneys 55 for children pursuant to subparagraph four of this paragraph and may A. 6690 9 1 issue temporary or permanent custody or [visitation] PARENTING TIME 2 orders. 3 (7) Feasibility study. The commissioner of the office of children and 4 family services, in conjunction with the office of court administration, 5 is hereby authorized and directed to examine, study, evaluate and make 6 recommendations concerning the feasibility of the utilization of comput- 7 ers in courts which are connected to the statewide central register of 8 child abuse and maltreatment established and maintained pursuant to 9 section four hundred twenty-two of the social services law, as a means 10 of providing courts with information regarding parties requesting orders 11 of custody or [visitation] PARENTING TIME. Such commissioner shall make 12 a preliminary report to the governor and the legislature of findings, 13 conclusions and recommendations not later than January first, two thou- 14 sand nine, and a final report of findings, conclusions and recommenda- 15 tions not later than June first, two thousand nine, and shall submit 16 with the reports such legislative proposals as are deemed necessary to 17 implement the commissioner's recommendations. 18 (a-2) Military service by parent; effect on child custody orders. (1) 19 During the period of time that a parent is activated, deployed or tempo- 20 rarily assigned to military service, such that the parent's ability to 21 continue as a joint caretaker or the primary caretaker of a minor child 22 is materially affected by such military service, any orders issued 23 pursuant to this section, based on the fact that the parent is acti- 24 vated, deployed or temporarily assigned to military service, which would 25 materially affect or change a previous judgment or order regarding 26 custody of that parent's child or children as such judgment or order 27 existed on the date the parent was activated, deployed, or temporarily 28 assigned to military service, shall be subject to review pursuant to 29 subparagraph three of this paragraph. Any relevant provisions of the 30 Service Member's Civil Relief Act shall apply to all proceedings 31 governed by this section. 32 (2) During such period, the court may enter an order to modify custody 33 if there is clear and convincing evidence that the modification is in 34 the best interests of the child. An attorney for the child shall be 35 appointed in all cases where a modification is sought during such mili- 36 tary service. Such order shall be subject to review pursuant to subpara- 37 graph three of this paragraph. When entering an order pursuant to this 38 section, the court shall consider and provide for, if feasible and if in 39 the best interests of the child, contact between the military service 40 member and his or her child, including, but not limited to, electronic 41 communication by e-mail, webcam, telephone, or other available means. 42 During the period of the parent's leave from military service, the court 43 shall consider the best interests of the child when establishing a 44 parenting schedule, including [visiting] PARENTING TIME and other 45 contact. For such purposes, a "leave from military service" shall be a 46 period of not more than three months. 47 (3) Unless the parties have otherwise stipulated or agreed, if an 48 order is issued pursuant to this paragraph, the return of the parent 49 from active military service, deployment or temporary assignment shall 50 be considered a substantial change in circumstances. Upon the request of 51 either parent, the court shall determine on the basis of the child's 52 best interests whether the custody judgment or order previously in 53 effect should be modified. 54 (4) This paragraph shall not apply to assignments to permanent duty 55 stations or permanent changes of station. A. 6690 10 1 (b) As used in this section, the following terms shall have the 2 following meanings: 3 (1) "Health insurance benefits" means any medical, dental, optical and 4 prescription drugs and health care services or other health care bene- 5 fits that may be provided for a dependent through an employer or organ- 6 ization, including such employers or organizations which are self 7 insured, or through other available health insurance or health care 8 coverage plans. 9 (2) "Available health insurance benefits" means any health insurance 10 benefits that are reasonable in cost and that are reasonably accessible 11 to the person on whose behalf the petition is brought. Health insurance 12 benefits that are not reasonable in cost or whose services are not 13 reasonably accessible to such person, shall be considered unavailable. 14 (3) When the person on whose behalf the petition is brought is a child 15 in accordance with paragraph (c) of this subdivision, health insurance 16 benefits shall be considered "reasonable in cost" if the cost of health 17 insurance benefits does not exceed five percent of the combined parental 18 gross income. The cost of health insurance benefits shall refer to the 19 cost of the premium and deductible attributable to adding the child or 20 children to existing coverage or the difference between such costs for 21 self-only and family coverage. Provided, however, the presumption that 22 the health insurance benefits are reasonable in cost may be rebutted 23 upon a finding that the cost is unjust or inappropriate which finding 24 shall be based on the circumstances of the case, the cost and comprehen- 25 siveness of the health insurance benefits for which the child or chil- 26 dren may otherwise be eligible, and the best interests of the child or 27 children. In no instance shall health insurance benefits be considered 28 "reasonable in cost" if a parent's share of the cost of extending such 29 coverage would reduce the income of that parent below the self-support 30 reserve. Health insurance benefits are "reasonably accessible" if the 31 child lives within the geographic area covered by the plan or lives 32 within thirty minutes or thirty miles of travel time from the child's 33 residence to the services covered by the health insurance benefits or 34 through benefits provided under a reciprocal agreement; provided, howev- 35 er, this presumption may be rebutted for good cause shown including, but 36 not limited to, the special health needs of the child. The court shall 37 set forth such finding and the reasons therefor in the order of support. 38 (c) When the person on whose behalf the petition is brought is a 39 child, the court shall consider the availability of health insurance 40 benefits to all parties and shall take the following action to ensure 41 that health insurance benefits are provided for the benefit of the 42 child: 43 (1) Where the child is presently covered by health insurance benefits, 44 the court shall direct in the order of support that such coverage be 45 maintained, unless either parent requests the court to make a direction 46 for health insurance benefits coverage pursuant to paragraph two of this 47 subdivision. 48 (2) Where the child is not presently covered by health insurance bene- 49 fits, the court shall make a determination as follows: 50 (i) If only one parent has available health insurance benefits, the 51 court shall direct in the order of support that such parent provide 52 health insurance benefits. 53 (ii) If both parents have available health insurance benefits the 54 court shall direct in the order of support that either parent or both 55 parents provide such health insurance. The court shall make such deter- 56 mination based on the circumstances of the case, including, but not A. 6690 11 1 limited to, the cost and comprehensiveness of the respective health 2 insurance benefits and the best interests of the child. 3 (iii) If neither parent has available health insurance benefits, the 4 court shall direct in the order of support that the custodial parent 5 apply for the state's child health insurance plan pursuant to title 6 one-A of article twenty-five of the public health law and the medical 7 assistance program established pursuant to title eleven of article five 8 of the social services law. A direction issued under this subdivision 9 shall not limit or alter either parent's obligation to obtain health 10 insurance benefits at such time as they become available, as required 11 pursuant to paragraph (a) of this subdivision. Nothing in this subdivi- 12 sion shall alter or limit the authority of the medical assistance 13 program to determine when it is considered cost effective to require a 14 custodial parent to enroll a child in an available group health insur- 15 ance plan pursuant to paragraphs (b) and (c) of subdivision one of 16 section three hundred sixty-seven-a of the social services law. 17 (d) The cost of providing health insurance benefits or benefits under 18 the state's child health insurance plan or the medical assistance 19 program, pursuant to paragraph (c) of this subdivision, shall be deemed 20 cash medical support, and the court shall determine the obligation of 21 either or both parents to contribute to the cost thereof pursuant to 22 subparagraph five of paragraph (c) of subdivision one-b of this section. 23 (e) The court shall provide in the order of support that the legally 24 responsible relative immediately notify the other party, or the other 25 party and the support collection unit when the order is issued on behalf 26 of a child in receipt of public assistance and care or in receipt of 27 services pursuant to section one hundred eleven-g of the social services 28 law, of any change in health insurance benefits, including any termi- 29 nation of benefits, change in the health insurance benefit carrier, 30 premium, or extent and availability of existing or new benefits. 31 (f) Where the court determines that health insurance benefits are 32 available, the court shall provide in the order of support that the 33 legally responsible relative immediately enroll the eligible dependents 34 named in the order who are otherwise eligible for such benefits without 35 regard to any seasonal enrollment restrictions. Such order shall further 36 direct the legally responsible relative to maintain such benefits as 37 long as they remain available to such relative. Such order shall further 38 direct the legally responsible relative to assign all insurance 39 reimbursement payments for health care expenses incurred for his or her 40 eligible dependents to the provider of such services or the party actu- 41 ally having incurred and satisfied such expenses, as appropriate. 42 (g) When the court issues an order of child support or combined child 43 and spousal support on behalf of persons in receipt of public assistance 44 and care or in receipt of services pursuant to section one hundred 45 eleven-g of the social services law, such order shall further direct 46 that the provision of health care benefits shall be immediately enforced 47 pursuant to section fifty-two hundred forty-one of the civil practice 48 law and rules. 49 (h) When the court issues an order of child support or combined child 50 and spousal support on behalf of persons other than those in receipt of 51 public assistance and care or in receipt of services pursuant to section 52 one hundred eleven-g of the social services law, the court shall also 53 issue a separate order which shall include the necessary direction to 54 ensure the order's characterization as a qualified medical child support 55 order as defined by section six hundred nine of the employee retirement 56 income security act of 1974 (29 USC 1169). Such order shall: (i) clearly A. 6690 12 1 state that it creates or recognizes the existence of the right of the 2 named dependent to be enrolled and to receive benefits for which the 3 legally responsible relative is eligible under the available group 4 health plans, and shall clearly specify the name, social security number 5 and mailing address of the legally responsible relative, and of each 6 dependent to be covered by the order; (ii) provide a clear description 7 of the type of coverage to be provided by the group health plan to each 8 such dependent or the manner in which the type of coverage is to be 9 determined; and (iii) specify the period of time to which the order 10 applies. The court shall not require the group health plan to provide 11 any type or form of benefit or option not otherwise provided under the 12 group health plan except to the extent necessary to meet the require- 13 ments of a law relating to medical child support described in section 14 one thousand three hundred and [ninety-six g] NINETY-SIX-G of title 15 forty-two of the United States code. 16 (i) Upon a finding that a legally responsible relative wilfully failed 17 to obtain health insurance benefits in violation of a court order, such 18 relative will be presumptively liable for all health care expenses 19 incurred on behalf of such dependents from the first date such depen- 20 dents were eligible to be enrolled to receive health insurance benefits 21 after the issuance of the order of support directing the acquisition of 22 such coverage. 23 (j) The order shall be effective as of the date of the application 24 therefor, and any retroactive amount of child support due shall be 25 support arrears/past due support and shall, except as provided for here- 26 in, be paid in one lump sum or periodic sums, as the court shall direct, 27 taking into account any amount of temporary support which has been paid. 28 In addition, such retroactive child support shall be enforceable in any 29 manner provided by law including, but not limited to, an execution for 30 support enforcement pursuant to subdivision (b) of section fifty-two 31 hundred forty-one of the civil practice law and rules. When a child 32 receiving support is a public assistance recipient, or the order of 33 support is being enforced or is to be enforced pursuant to section one 34 hundred eleven-g of the social services law, the court shall establish 35 the amount of retroactive child support and notify the parties that such 36 amount shall be enforced by the support collection unit pursuant to an 37 execution for support enforcement as provided for in subdivision (b) of 38 section fifty-two hundred forty-one of the civil practice law and rules, 39 or in such periodic payments as would have been authorized had such an 40 execution been issued. In such case, the courts shall not direct the 41 schedule of repayment of retroactive support. Where such direction is 42 for child support and paternity has been established by a voluntary 43 acknowledgement of paternity as defined in section forty-one hundred 44 thirty-five-b of the public health law, the court shall inquire of the 45 parties whether the acknowledgement has been duly filed, and unless 46 satisfied that it has been so filed shall require the clerk of the court 47 to file such acknowledgement with the appropriate registrar within five 48 business days. Such direction may be made in the final judgment in such 49 action or proceeding, or by one or more orders from time to time before 50 or subsequent to final judgment, or by both such order or orders and the 51 final judgment. Such direction may be made notwithstanding that the 52 court for any reason whatsoever, other than lack of jurisdiction, 53 refuses to grant the relief requested in the action or proceeding. Any 54 order or judgment made as in this section provided may combine in one 55 lump sum any amount payable to the custodial parent under this section 56 with any amount payable to such parent under section two hundred thir- A. 6690 13 1 ty-six of this article. Upon the application of either parent, or of any 2 other person or party having the care, custody and control of such child 3 pursuant to such judgment or order, after such notice to the other 4 party, parties or persons having such care, custody and control and 5 given in such manner as the court shall direct, the court may annul or 6 modify any such direction, whether made by order or final judgment, or 7 in case no such direction shall have been made in the final judgment 8 may, with respect to any judgment of annulment or declaring the nullity 9 of a void marriage rendered on or after September first, nineteen 10 hundred forty, or any judgment of separation or divorce whenever 11 rendered, amend the judgment by inserting such direction. Subject to 12 the provisions of section two hundred forty-four of this article, no 13 such modification or annulment shall reduce or annul arrears accrued 14 prior to the making of such application unless the defaulting party 15 shows good cause for failure to make application for relief from the 16 judgment or order directing such payment prior to the accrual of such 17 arrears. Such modification may increase such child support nunc pro tunc 18 as of the date of application based on newly discovered evidence. Any 19 retroactive amount of child support due shall be support arrears/past 20 due support and shall be paid in one lump sum or periodic sums, as the 21 court shall direct, taking into account any amount of temporary child 22 support which has been paid. In addition, such retroactive child support 23 shall be enforceable in any manner provided by law including, but not 24 limited to, an execution for support enforcement pursuant to subdivision 25 (b) of section fifty-two hundred forty-one of the civil practice law and 26 rules. 27 1-a. In any proceeding brought pursuant to this section to determine 28 the custody or [visitation] PARENTING TIME of minors, a report made to 29 the statewide central register of child abuse and maltreatment, pursuant 30 to title six of article six of the social services law, or a portion 31 thereof, which is otherwise admissible as a business record pursuant to 32 rule forty-five hundred eighteen of the civil practice law and rules 33 shall not be admissible in evidence, notwithstanding such rule, unless 34 an investigation of such report conducted pursuant to title six of arti- 35 cle six of the social services law has determined that there is some 36 credible evidence of the alleged abuse or maltreatment and that the 37 subject of the report has been notified that the report is indicated. In 38 addition, if such report has been reviewed by the state commissioner of 39 [social services] CHILDREN AND FAMILY SERVICES or his OR HER designee 40 and has been determined to be unfounded, it shall not be admissible in 41 evidence. If such report has been so reviewed and has been amended to 42 delete any finding, each such deleted finding shall not be admissible. 43 If the state commissioner of [social services] CHILDREN AND FAMILY 44 SERVICES or his OR HER designee has amended the report to add any new 45 finding, each such new finding, together with any portion of the 46 original report not deleted by the commissioner or his designee, shall 47 be admissible if it meets the other requirements of this subdivision and 48 is otherwise admissible as a business record. If such a report, or 49 portion thereof, is admissible in evidence but is uncorroborated, it 50 shall not be sufficient to make a fact finding of abuse or maltreatment 51 in such proceeding. Any other evidence tending to support the reliabil- 52 ity of such report shall be sufficient corroboration. 53 S 11. Paragraph c of subdivision 3 of section 240 of the domestic 54 relations law, as amended by chapter 597 of the laws of 1998, is amended 55 to read as follows: A. 6690 14 1 c. An order of protection entered pursuant to this subdivision may be 2 made in the final judgment in any matrimonial action or in a proceeding 3 to obtain custody of or [visitation] PARENTING TIME with any child under 4 this section, or by one or more orders from time to time before or 5 subsequent to final judgment, or by both such order or orders and the 6 final judgment. The order of protection may remain in effect after entry 7 of a final matrimonial judgment and during the minority of any child 8 whose custody or [visitation] PARENTING TIME is the subject of a 9 provision of a final judgment or any order. An order of protection may 10 be entered notwithstanding that the court for any reason whatsoever, 11 other than lack of jurisdiction, refuses to grant the relief requested 12 in the action or proceeding. 13 S 12. Section 241 of the domestic relations law, as amended by chapter 14 892 of the laws of 1986, is amended to read as follows: 15 S 241. Interference with or withholding of [visitation] PARENTING TIME 16 rights; alimony or maintenance suspension. When it appears to the satis- 17 faction of the court that a custodial parent receiving alimony or main- 18 tenance pursuant to an order, judgment or decree of a court of competent 19 jurisdiction has wrongfully interfered with or withheld [visitation] 20 PARENTING TIME rights provided by such order, judgment or decree, the 21 court, in its discretion, [may] SHALL suspend such payments or cancel 22 any arrears that may have accrued during the time that [visitation] 23 PARENTING TIME rights have been or are being interfered with or with- 24 held. Nothing in this section shall constitute a defense in any court to 25 an application to enforce payment of child support or grounds for the 26 cancellation of arrears for child support. 27 S 13. Section 251 of the domestic relations law, as added by chapter 28 164 of the laws of 1973, is amended to read as follows: 29 S 251. Filing of order in family court. When, in a matrimonial action, 30 the supreme court refers the issues of support, custody or [visitation] 31 PARENTING TIME to the family court, the order or judgment shall provide 32 that a copy thereof shall be filed by the plaintiff's attorney, within 33 ten days, with the clerk of the family court therein specified. 34 S 14. Paragraph (b) of subdivision 1 of section 252 of the domestic 35 relations law, as added by chapter 349 of the laws of 1995, is amended 36 to read as follows: 37 (b) to permit a parent, or a person entitled to [visitation] PARENTING 38 TIME by a court order or a separation agreement, to visit the child at 39 stated periods; 40 S 15. Subdivision 3 of section 252 of the domestic relations law, as 41 added by chapter 349 of the laws of 1995, is amended to read as follows: 42 3. An order of protection entered pursuant to this subdivision may be 43 made in the final judgment in any matrimonial action, or by one or more 44 orders from time to time before or subsequent to final judgment, or by 45 both such order or orders and the final judgment. The order of 46 protection may remain in effect after entry of a final matrimonial judg- 47 ment and during the minority of any child whose custody or [visitation] 48 PARENTING TIME is the subject of a provision of a final judgment or any 49 order. An order of protection may be entered notwithstanding that the 50 court for any reason whatsoever, other than lack of jurisdiction, 51 refuses to grant the relief requested in the action or proceeding. 52 S 16. Subdivision 10 of section 358-a of the social services law, as 53 added by chapter 457 of the laws of 1988, paragraphs (b) and (c) as 54 amended by chapter 41 of the laws of 2010, is amended to read as 55 follows: A. 6690 15 1 (10) [Visitation] PARENTING TIME rights; non-custodial parents and 2 grandparents. (a) Where a social services official incorporates in an 3 instrument [visitation] PARENTING TIME rights set forth in an order, 4 judgment or agreement as described in paragraph (d) of subdivision two 5 of section three hundred eighty-four-a of this chapter, such official 6 shall make inquiry of the state central register of child abuse and 7 maltreatment to determine whether or not the person having such [visita- 8 tion] PARENTING TIME rights is a subject or another person named in an 9 indicated report of child abuse or maltreatment, as such terms are 10 defined in section four hundred twelve of this chapter, and shall 11 further ascertain, to the extent practicable, whether or not such person 12 is a respondent in a proceeding under article ten of the family court 13 act whereby the respondent has been alleged or adjudicated to have 14 abused or neglected such child. 15 (b) Where a social services official or the attorney for the child 16 opposes incorporation of an order, judgment or agreement conferring 17 [visitation rights] PARENTING TIME as provided for in paragraph (e) of 18 subdivision two of section three hundred eighty-four-a of this chapter, 19 the social services official or attorney for the child shall apply for 20 an order determining that the provisions of such order, judgment or 21 agreement should not be incorporated into the instrument executed pursu- 22 ant to such section. Such order shall be granted upon a finding, based 23 on competent, relevant and material evidence, that the child's life or 24 health would be endangered by incorporation and enforcement of [visita- 25 tion rights] PARENTING TIME as described in such order, judgment or 26 agreement. Otherwise, the court shall deny such application. 27 (c) Where [visitation rights] PARENTING TIME pursuant to an order, 28 judgment or agreement are incorporated in an instrument, the parties may 29 agree to an alternative schedule of [visitation] PARENTING TIME equiv- 30 alent to and consistent with the original or modified [visitation] 31 PARENTING TIME order, judgment, or agreement where such alternative 32 schedule reflects changed circumstances of the parties and is consistent 33 with the best interests of the child. In the absence of such an agree- 34 ment between the parties, the court may, in its discretion, upon appli- 35 cation of any party or the child's attorney, order an alternative sched- 36 ule of [visitation] PARENTING TIME, as described herein, where it 37 determines that such schedule is necessary to facilitate visitation and 38 to protect the best interests of the child. 39 (d) The order providing an alternative schedule of [visitation] 40 PARENTING TIME shall remain in effect for the length of the placement of 41 the child as provided for in such instrument unless such order is subse- 42 quently modified by the court for good cause shown. Whenever the court 43 makes an order denying or modifying [visitation] PARENTING TIME rights 44 pursuant to this subdivision, the instrument described in section three 45 hundred eighty-four-a of this chapter shall be deemed amended according- 46 ly. 47 S 17. Paragraphs (b), (d) and (f) of subdivision 2 of section 384-a of 48 the social services law, paragraph (b) as added by chapter 669 of the 49 laws of 1976, paragraph (d) as added by chapter 457 of the laws of 1988 50 and paragraph (f) as amended by chapter 41 of the laws of 2010, are 51 amended to read as follows: 52 (b) No provisions set forth in any such instrument regarding the right 53 of the parent or guardian to visit the child or to have services 54 provided to the child and to the parent or guardian to strengthen the 55 parental relationship may be terminated or limited by the authorized 56 agency having the care and custody of the child unless: (i) the instru- A. 6690 16 1 ment shall have been amended to so limit or terminate such right, pursu- 2 ant to subdivision three of this section; or (ii) the right of [visita- 3 tion] PARENTING TIME or to such services would be contrary to or 4 inconsistent with a court order obtained in any proceeding in which the 5 parent or guardian was a party. 6 (d) In any case where a parent who has transferred care and custody of 7 a child to a social services official pursuant to this section informs 8 the social services official that an order or judgment conferring [visi- 9 tation] PARENTING TIME rights relating to the child has been entered by 10 the family court or supreme court or that a written agreement as 11 described in section two hundred thirty-six of the domestic relations 12 law between the parents confers such rights, any instrument executed 13 pursuant to this section shall incorporate the provisions of such order, 14 judgment or agreement to the extent that [visitation] PARENTING TIME 15 rights are affected and shall provide for [visitation] PARENTING TIME or 16 other rights as required by such order, judgment or agreement. Such 17 incorporation shall not preclude a social services official from exer- 18 cising his authority pursuant to paragraph (e) or (f) of this subdivi- 19 sion. 20 (f) Nothing in this section shall be deemed to prohibit a social 21 services official or an attorney for the child, if any, from making an 22 application to modify the terms of a [visitation] PARENTING TIME order, 23 incorporated pursuant to this section, for good cause shown, upon notice 24 to all interested parties, or to limit the right of a non-custodial 25 parent or grandparent to seek [visitation] PARENTING TIME pursuant to 26 applicable provisions of law. 27 S 18. Subparagraph (iv) of paragraph (c) of subdivision 2 of section 28 384-a of the social services law, as amended by chapter 256 of the laws 29 of 1990, is amended to read as follows: 30 (iv) that the parent or guardian has a right to supportive services, 31 which shall include preventive and other supportive services authorized 32 to be provided pursuant to the state's consolidated services plan, to 33 visit the child, and to determine jointly with the agency the terms and 34 frequency of [visitation] PARENTING TIME; 35 S 19. Subparagraph 5 of paragraph (f) of subdivision 7 of section 36 384-b of the social services law, as amended by chapter 113 of the laws 37 of 2010, is amended to read as follows: 38 (5) making suitable arrangements with a correctional facility and 39 other appropriate persons for an incarcerated parent to visit the child 40 within the correctional facility, if such visiting is in the best inter- 41 ests of the child. When no [visitation] PARENTING TIME between child and 42 incarcerated parent has been arranged for or permitted by the authorized 43 agency because such [visitation] PARENTING TIME is determined not to be 44 in the best interest of the child, then no permanent neglect proceeding 45 under this subdivision shall be initiated on the basis of the lack of 46 such [visitation] PARENTING TIME. Such arrangements shall include, but 47 shall not be limited to, the transportation of the child to the correc- 48 tional facility, and providing or suggesting social or rehabilitative 49 services to resolve or correct the problems other than incarceration 50 itself which impair the incarcerated parent's ability to maintain 51 contact with the child. When the parent is incarcerated in a correction- 52 al facility located outside the state, the provisions of this subpara- 53 graph shall be construed to require that an authorized agency make such 54 arrangements with the correctional facility only if reasonably feasible 55 and permissible in accordance with the laws and regulations applicable 56 to such facility; and A. 6690 17 1 S 20. Paragraph (o) of subdivision 6 of section 398 of the social 2 services law, as added by chapter 457 of the laws of 1988, is amended to 3 read as follows: 4 (o) Compliance with a court order enforcing [visitation] PARENTING 5 TIME rights of a non-custodial parent or grandparent pursuant to part 6 eight of article ten of the family court act, subdivision ten of section 7 three hundred fifty-eight-a or paragraph (d) of subdivision two of 8 section three hundred eighty-four-a of this chapter, and responsibility 9 for the return of such child after [visitation] PARENTING TIME so 10 ordered. 11 S 21. Subdivision 1 of section 398-d of the social services law, as 12 added by chapter 83 of the laws of 1995, is amended to read as follows: 13 1. The legislature finds that the centralized delivery of child 14 protective services, preventive services, adoption services and foster 15 care services in a social [service] SERVICES district with a population 16 of more than two million hinders their effective delivery and adds 17 unnecessary costs. Numerous studies have recommended that such services 18 serve small areas, be located in such areas, and be integrated. Such 19 relocation will: give caseworkers greater knowledge of their assigned 20 community, the residents of that community and the availability of 21 community-based services; increase the availability of caseworkers; 22 reduce travel time for caseworkers; enable children in foster care to 23 remain in their own communities and schools and maintain their friend- 24 ships; enable children in foster care to have greater [visitation] 25 PARENTING TIME with their parents; provide for more effective delivery 26 of preventive services; and expedite adoptions and otherwise reduce the 27 amount of time children spend in foster care. 28 The relocation of child welfare service delivery to the community 29 sites will strengthen efforts to provide a wide range of community-based 30 early intervention programs including, but not limited to, school-based 31 health clinics and community schools, thereby ensuring the continued 32 development of a critical mass of community services. 33 S 22. Subparagraph 9 of paragraph (f) of subdivision 1 of section 413 34 of the family court act, as added by chapter 567 of the laws of 1989, is 35 amended to read as follows: 36 (9) Provided that the child is not on public assistance (i) extraor- 37 dinary expenses incurred by the non-custodial parent in exercising 38 [visitation] PARENTING TIME, or (ii) expenses incurred by the non-custo- 39 dial parent in extended [visitation] PARENTING TIME provided that the 40 custodial parent's expenses are substantially reduced as a result there- 41 of; and 42 S 23. Subdivisions (a) and (c) of section 439 of the family court act, 43 as amended by section 1 of chapter 576 of the laws of 2005, are amended 44 to read as follows: 45 (a) The chief administrator of the courts shall provide, in accordance 46 with subdivision (f) of this section, for the appointment of a suffi- 47 cient number of support magistrates to hear and determine support 48 proceedings. Except as hereinafter provided, support magistrates shall 49 be empowered to hear, determine and grant any relief within the powers 50 of the court in any proceeding under this article, articles five, 51 five-A, and five-B and sections two hundred thirty-four and two hundred 52 thirty-five of this act, and objections raised pursuant to section five 53 thousand two hundred forty-one of the civil practice law and rules. 54 Support magistrates shall not be empowered to hear, determine and grant 55 any relief with respect to issues specified in subdivision five of 56 section four hundred fifty-four or section four hundred fifty-five of A. 6690 18 1 this [act] ARTICLE, issues of contested paternity involving claims of 2 equitable estoppel, custody, [visitation] PARENTING TIME including 3 [visitation] PARENTING TIME as a defense, and orders of protection or 4 exclusive possession of the home, which shall be referred to a judge as 5 provided in subdivision (b) or (c) of this section. Where an order of 6 filiation is issued by a judge in a paternity proceeding and child 7 support is in issue, the judge, or support magistrate upon referral from 8 the judge, shall be authorized to immediately make a temporary or final 9 order of support, as applicable. A support magistrate shall have the 10 authority to hear and decide motions and issue summonses and subpoenas 11 to produce persons pursuant to section one hundred fifty-three of this 12 act, hear and decide proceedings and issue any order authorized by 13 subdivision (g) of section five thousand two hundred forty-one of the 14 civil practice law and rules, issue subpoenas to produce prisoners 15 pursuant to section two thousand three hundred two of the civil practice 16 law and rules and make a determination that any person before the 17 support magistrate is in violation of an order of the court as author- 18 ized by section one hundred fifty-six of this act subject to confirma- 19 tion by a judge of the court who shall impose any punishment for such 20 violation as provided by law. A determination by a support magistrate 21 that a person is in willful violation of an order under subdivision 22 three of section four hundred fifty-four of this article and that recom- 23 mends commitment shall be transmitted to the parties, accompanied by 24 findings of fact, but the determination shall have no force and effect 25 until confirmed by a judge of the court. 26 (c) The support magistrate, in any proceeding in which issues speci- 27 fied in section four hundred fifty-five of this [act] ARTICLE, or issues 28 of custody, [visitation] PARENTING TIME, including [visitation] PARENT- 29 ING TIME as a defense, orders of protection or exclusive possession of 30 the home are present or in which paternity is contested on the grounds 31 of equitable estoppel, shall make a temporary order of support and refer 32 the proceeding to a judge. Upon determination of such issue by a judge, 33 the judge may make a final determination of the issue of support, or 34 immediately refer the proceeding to a support magistrate for further 35 proceedings regarding child support or other matters within the authori- 36 ty of the support magistrate. 37 S 24. Subdivision (a) of section 439 of the family court act, as 38 amended by section 2 of chapter 576 of the laws of 2005, is amended to 39 read as follows: 40 (a) The chief administrator of the courts shall provide, in accordance 41 with subdivision (f) of this section, for the appointment of a suffi- 42 cient number of support magistrates to hear and determine support 43 proceedings. Except as hereinafter provided, support magistrates shall 44 be empowered to hear, determine and grant any relief within the powers 45 of the court in any proceeding under this article, articles five, 46 five-A, and five-B and sections two hundred thirty-four and two hundred 47 thirty-five of this act, and objections raised pursuant to section five 48 thousand two hundred forty-one of the civil practice law and rules. 49 Support magistrates shall not be empowered to hear, determine and grant 50 any relief with respect to issues specified in section four hundred 51 fifty-five of this [act] ARTICLE, issues of contested paternity involv- 52 ing claims of equitable estoppel, custody, [visitation] PARENTING TIME 53 including [visitation] PARENTING TIME as a defense, and orders of 54 protection or exclusive possession of the home, which shall be referred 55 to a judge as provided in subdivision (b) or (c) of this section. Where 56 an order of filiation is issued by a judge in a paternity proceeding and A. 6690 19 1 child support is in issue, the judge, or support magistrate upon refer- 2 ral from the judge, shall be authorized to immediately make a temporary 3 or final order of support, as applicable. A support magistrate shall 4 have the authority to hear and decide motions and issue summonses and 5 subpoenas to produce persons pursuant to section one hundred fifty-three 6 of this act, hear and decide proceedings and issue any order authorized 7 by subdivision (g) of section five thousand two hundred forty-one of the 8 civil practice law and rules, issue subpoenas to produce prisoners 9 pursuant to section two thousand three hundred two of the civil practice 10 law and rules and make a determination that any person before the 11 support magistrate is in violation of an order of the court as author- 12 ized by section one hundred fifty-six of this act subject to confirma- 13 tion by a judge of the court who shall impose any punishment for such 14 violation as provided by law. A determination by a support magistrate 15 that a person is in willful violation of an order under subdivision 16 three of section four hundred fifty-four of this article and that recom- 17 mends commitment shall be transmitted to the parties, accompanied by 18 findings of fact, but the determination shall have no force and effect 19 until confirmed by a judge of the court. 20 S 25. Subdivision (b) of section 446 of the family court act, as 21 amended by chapter 483 of the laws of 1995, is amended to read as 22 follows: 23 (b) to permit a parent, or a person entitled to [visitation] PARENTING 24 TIME by a court order or a separation agreement, to visit the child at 25 stated periods; 26 S 26. Section 447 of the family court act, subdivision (a) as amended 27 by chapter 85 of the laws of 1996, is amended to read as follows: 28 S 447. Order of [visitation] PARENTING TIME. (a) In the absence of an 29 order of custody or of [visitation] PARENTING TIME entered by the 30 supreme court, the court may make an order of custody or of [visitation] 31 PARENTING TIME, in accordance with subdivision one of section two 32 hundred forty of the domestic relations law, requiring one parent to 33 permit the other to visit the children at stated periods without an 34 order of protection, even where the parents are divorced and the support 35 order is for a child only. 36 (b) Any order of the family court under this section shall terminate 37 when the supreme court makes an order of custody or of [visitation] 38 PARENTING TIME concerning the children, unless the supreme court contin- 39 ues the order of the family court. 40 S 27. Subdivision (a) of section 456 of the family court act, as 41 amended by chapter 809 of the laws of 1963, is amended to read as 42 follows: 43 (a) No person may be placed on probation under this article unless the 44 court makes an order to that effect, either at the time of the making of 45 an order of support or under section four hundred fifty-four OF THIS 46 PART. The period of probation may continue so long as an order of 47 support, order of protection or order of [visitation] PARENTING TIME 48 applies to such person. 49 S 28. Subdivisions (a) and (b) of section 467 of the family court act, 50 subdivision (a) as amended and subdivision (b) as added by chapter 40 of 51 the laws of 1981, are amended to read as follows: 52 (a) In an action for divorce, separation or annulment, the supreme 53 court may refer to the family court the determination of applications to 54 fix temporary or permanent custody or [visitation] PARENTING TIME, 55 applications to enforce judgments and orders of custody or [visitation] 56 PARENTING TIME, and applications to modify judgments and orders of A. 6690 20 1 custody which modification may be granted only upon a showing to the 2 family court that there has been a subsequent change of circumstances, 3 SUCH AS LOSS OF EMPLOYMENT OR CHANGE IN INCOME, and that modification is 4 required. 5 (b) In the event no such referral has been made and unless the supreme 6 court provides in the order or judgment awarding custody or [visitation] 7 PARENTING TIME in an action for divorce, separation or annulment, that 8 it may be enforced or modified only in the supreme court, the family 9 court may: (i) determine an application to enforce the order or judgment 10 awarding custody or [visitation] PARENTING TIME, or (ii) determine an 11 application to modify the order or judgment awarding custody or [visita- 12 tion] PARENTING TIME upon a showing that there has been a subsequent 13 change of circumstances and modification is required. 14 S 29. Section 511 of the family court act, as amended by chapter 533 15 of the laws of 1999, is amended to read as follows: 16 S 511. Jurisdiction. Except as otherwise provided, the family court 17 has exclusive original jurisdiction in proceedings to establish paterni- 18 ty and, in any such proceedings in which it makes a finding of paterni- 19 ty, to order support and to make orders of custody or of [visitation] 20 PARENTING TIME, as set forth in this article. On its own motion, the 21 court may at any time in the proceedings also direct the filing of a 22 neglect petition in accord with the provisions of article ten of this 23 act. In accordance with the provisions of section one hundred eleven-b 24 of the domestic relations law, the surrogate's court has original juris- 25 diction concurrent with the family court to determine the issues relat- 26 ing to the establishment of paternity. 27 S 30. Section 549 of the family court act, as added by chapter 952 of 28 the laws of 1971, subdivision (a) as amended by chapter 85 of the laws 29 of 1996, is amended to read as follows: 30 S 549. Order of [visitation] PARENTING TIME. (a) If an order of fili- 31 ation is made or if a paternity agreement or compromise is approved by 32 the court, in the absence of an order of custody or of [visitation] 33 PARENTING TIME entered by the supreme court the family court may make an 34 order of custody or of [visitation] PARENTING TIME, in accordance with 35 subdivision one of section two hundred forty of the domestic relations 36 law, requiring one parent to permit the other to visit the child or 37 children at stated periods. 38 (b) Any order of the family court under this section shall terminate 39 when the supreme court makes an order of custody or of [visitation] 40 PARENTING TIME concerning the child or children, unless the supreme 41 court continues the order of the family court. 42 S 31. Subdivision (b) of section 551 of the family court act, as 43 amended by chapter 483 of the laws of 1995, is amended to read as 44 follows: 45 (b) to permit a parent, or a person entitled to [visitation] PARENTING 46 TIME by a court order or a separation agreement to visit the child at 47 stated periods; 48 S 32. Section 651 of the family court act, as amended by chapter 85 of 49 the laws of 1996, subdivision (b) as amended by chapter 657 of the laws 50 of 2003, subdivision (d) as amended by chapter 41 of the laws of 2010, 51 subdivision (e) as amended by chapter 295 of the laws of 2009, and 52 subdivision (f) as added by chapter 473 of the laws of 2009, is amended 53 to read as follows: 54 S 651. Jurisdiction over habeas corpus proceedings and petitions for 55 custody OF and [visitation of] PARENTING TIME WITH minors. (a) When 56 referred from the supreme court or county court to the family court, the A. 6690 21 1 family court has jurisdiction to determine, in accordance with subdivi- 2 sion one of section two hundred forty of the domestic relations law and 3 with the same powers possessed by the supreme court in addition to its 4 own powers, habeas corpus proceedings and proceedings brought by peti- 5 tion and order to show cause, for the determination of the custody OF or 6 [visitation of] PARENTING TIME WITH minors. 7 (b) When initiated in the family court, the family court has jurisdic- 8 tion to determine, in accordance with subdivision one of section two 9 hundred forty of the domestic relations law and with the same powers 10 possessed by the supreme court in addition to its own powers, habeas 11 corpus proceedings and proceedings brought by petition and order to show 12 cause, for the determination of the custody OF or [visitation of] 13 PARENTING TIME WITH minors, including applications by a grandparent or 14 grandparents for [visitation] PARENTING TIME WITH THE MINOR or custody 15 rights pursuant to section seventy-two or two hundred forty of the 16 domestic relations law. 17 (c) When initiated in the family court pursuant to a petition under 18 part eight of article ten of this act or section three hundred fifty- 19 eight-a of the social services law, the family court has jurisdiction to 20 enforce or modify orders or judgments of the supreme court relating to 21 [the visitation of] PARENTING TIME WITH minors in foster care, notwith- 22 standing any limitation contained in subdivision (b) of section four 23 hundred sixty-seven of this act. 24 (d) With respect to applications by a grandparent or grandparents for 25 [visitation] PARENTING TIME or custody rights, made pursuant to section 26 seventy-two or two hundred forty of the domestic relations law, with a 27 child remanded or placed in the care of a person, official, agency or 28 institution pursuant to the provisions of article ten of this act, the 29 applicant, in such manner as the court shall prescribe, shall serve a 30 copy of the application upon the social services official having care 31 and custody of such child, and the child's attorney, who shall be 32 afforded an opportunity to be heard thereon. 33 (e) 1. Permanent and initial temporary orders of custody or [visita- 34 tion] PARENTING TIME. Prior to the issuance of any permanent or initial 35 temporary order of custody or visitation, the court shall conduct a 36 review of the decisions and reports listed in paragraph three of this 37 subdivision. 38 2. Successive temporary orders of custody or [visitation] PARENTING 39 TIME. Prior to the issuance of any successive temporary order of custody 40 or [visitation,] PARENTING TIME the court shall conduct a review of the 41 decisions and reports listed in paragraph three of this subdivision, 42 unless such a review has been conducted within ninety days prior to the 43 issuance of such order. 44 3. Decisions and reports for review. The court shall conduct a review 45 of the following: 46 (i) related decisions in court proceedings initiated pursuant to arti- 47 cle ten of this act, and all warrants issued under this act; and 48 (ii) reports of the statewide computerized registry of orders of 49 protection established and maintained pursuant to section two hundred 50 twenty-one-a of the executive law, and reports of the sex offender 51 registry established and maintained pursuant to section one hundred 52 sixty-eight-b of the correction law. 53 4. Notifying counsel and issuing orders. Upon consideration of deci- 54 sions pursuant to article ten of this act, and registry reports and 55 notifying counsel involved in the proceeding, or in the event of a self- 56 represented party, notifying such party of the results thereof, includ- A. 6690 22 1 ing any court appointed attorney for children, the court may issue a 2 temporary, successive temporary or final order of custody or [visita- 3 tion] PARENTING TIME. 4 5. Temporary emergency order. Notwithstanding any other provision of 5 the law, upon emergency situations, including computer malfunctions, to 6 serve the best interest of the child, the court may issue a temporary 7 emergency order for custody or [visitation] PARENTING TIME in the event 8 that it is not possible to timely review decisions and reports on regis- 9 tries as required pursuant to paragraph three of this subdivision. 10 6. After issuing a temporary emergency order. After issuing a tempo- 11 rary emergency order of custody or [visitation] PARENTING TIME, the 12 court shall conduct reviews of the decisions and reports on registries 13 as required pursuant to paragraph three of this subdivision within twen- 14 ty-four hours of the issuance of such temporary emergency order. Should 15 such twenty-four hour period fall on a day when court is not in session, 16 then the required reviews shall take place the next day the court is in 17 session. Upon reviewing decisions and reports the court shall notify 18 associated counsel, self-represented parties and attorneys for children 19 pursuant to paragraph four of this subdivision and may issue temporary 20 or permanent custody or [visitation] PARENTING TIME orders. 21 7. Feasibility study. The commissioner of the office of children and 22 family services, in conjunction with the office of court administration, 23 is hereby authorized and directed to examine, study, evaluate and make 24 recommendations concerning the feasibility of the utilization of comput- 25 ers in family courts which are connected to the statewide central regis- 26 ter of child abuse and maltreatment established and maintained pursuant 27 to section four hundred twenty-two of the social services law, as a 28 means of providing family courts with information regarding parties 29 requesting orders of custody or visitation. Such commissioner shall make 30 a preliminary report to the governor and the legislature of findings, 31 conclusions and recommendations not later than January thirty-first, two 32 thousand nine, and a final report of findings, conclusions and recommen- 33 dations not later than June first, two thousand nine, and shall submit 34 with the reports such legislative proposals as are deemed necessary to 35 implement the commissioner's recommendations. 36 (f) Military service by parent; effect on child custody orders. 1. 37 During the period of time that a parent is activated, deployed or tempo- 38 rarily assigned to military service, such that the parent's ability to 39 continue as a joint caretaker or the primary caretaker of a minor child 40 is materially affected by such military service, any orders issued 41 pursuant to this section, based on the fact that the parent is acti- 42 vated, deployed or temporarily assigned to military service, which would 43 materially affect or change a previous judgment or order regarding 44 custody of that parent's child or children as such judgment or order 45 existed on the date the parent was activated, deployed, or temporarily 46 assigned to military service, shall be subject to review pursuant to 47 paragraph three of this subdivision. Any relevant provisions of the 48 Service Member's Civil Relief Act shall apply to all proceedings 49 governed by this section. 50 2. During such period, the court may enter an order to modify custody 51 if there is clear and convincing evidence that the modification is in 52 the best interests of the child. An attorney for the child shall be 53 appointed in all cases where a modification is sought during such mili- 54 tary service. Such order shall be subject to review pursuant to para- 55 graph three of this subdivision. When entering an order pursuant to this 56 section, the court shall consider and provide for, if feasible and if in A. 6690 23 1 the best interests of the child, contact between the military service 2 member and his or her child including, but not limited to, electronic 3 communication by e-mail, webcam, telephone, or other available means. 4 During the period of the parent's leave from military service, the court 5 shall consider the best interests of the child when establishing a 6 parenting schedule, including [visiting] PARENTING TIME and other 7 contact. For such purpose, a "leave from military service" shall be a 8 period of not more than three months. 9 3. Unless the parties have otherwise stipulated or agreed, if an order 10 is issued pursuant to this subdivision, the return of the parent from 11 active military service, deployment or temporary assignment shall be 12 considered a substantial change in circumstances. Upon the request of 13 either parent, the court shall determine on the basis of the child's 14 best interests whether the custody judgment or order previously in 15 effect should be modified. 16 4. This subdivision shall not apply to assignments to permanent duty 17 stations or permanent changes of station. 18 S 33. Section 651-a of the family court act, as amended by chapter 12 19 of the laws of 1996, is amended to read as follows: 20 S 651-a. Reports of child abuse and maltreatment; admissibility. In 21 any proceeding brought pursuant to this section to determine the custody 22 or [visitation] PARENTING TIME of minors, a report made to the statewide 23 central register of child abuse and maltreatment, pursuant to title six 24 of article six of the social services law, or a portion thereof, which 25 is otherwise admissible as a business record pursuant to rule forty-five 26 hundred eighteen of the civil practice law and rules shall not be admis- 27 sible in evidence, notwithstanding such rule, unless an investigation of 28 such report conducted pursuant to title six of article six of the social 29 services law has determined that there is some credible evidence of the 30 alleged abuse or maltreatment, that the subject of the report has been 31 notified that the report is indicated. In addition, if such report has 32 been reviewed by the state commissioner of [social services] THE OFFICE 33 OF CHILDREN AND FAMILY SERVICES or his OR HER designee and has been 34 determined to be unfounded, it shall not be admissible in evidence. If 35 such report has been so reviewed and has been amended to delete any 36 finding, each such deleted finding shall not be admissible. If the state 37 commissioner of [social services] THE OFFICE OF CHILDREN AND FAMILY 38 SERVICES or his OR HER designee has amended the report to add any new 39 finding, each such new finding, together with any portion of the 40 original report not deleted by the commissioner or his OR HER designee, 41 shall be admissible if it meets the other requirements of this section 42 and is otherwise admissible as a business record. If such a report, or 43 portion thereof, is admissible in evidence but is uncorroborated, it 44 shall not be sufficient to make a fact finding of abuse or maltreatment 45 in such proceeding. Any other evidence tending to support the reliabil- 46 ity of such report shall be sufficient corroboration. 47 S 34. Subdivisions (a) and (b) of section 652 of the family court act, 48 subdivision (a) as amended and subdivision (b) as added by chapter 40 of 49 the laws of 1981, are amended to read as follows: 50 (a) When referred from the supreme court to the family court, the 51 family court has jurisdiction to determine, with the same powers 52 possessed by the supreme court, applications to fix temporary or perma- 53 nent custody and applications to modify judgments and orders of custody 54 or [visitation] PARENTING TIME in actions and proceedings for marital 55 separation, divorce, annulment of marriage and dissolution of marriage. 56 Applications to modify judgments and orders of custody may be granted by A. 6690 24 1 the family court under this section only upon the showing to the family 2 court that there has been a subsequent change of circumstances, SUCH AS 3 LOSS OF EMPLOYMENT OR CHANGE IN INCOME, and that modification is 4 required. 5 (b) In the event no such referral has been made and unless the supreme 6 court provides in the order or judgment awarding custody or [visitation] 7 PARENTING TIME in an action for divorce, separation or annulment, that 8 it may be enforced or modified only in the supreme court, the family 9 court may: (i) determine an application to enforce the order or judgment 10 awarding custody or [visitation] PARENTING TIME, or (ii) determine an 11 application to modify the order or judgment awarding custody or [visita- 12 tion] PARENTING TIME upon a showing that there has been a subsequent 13 change of circumstances and modification is required. 14 S 35. Subdivision (b) of section 656 of the family court act, as 15 amended by chapter 483 of the laws of 1995, is amended to read as 16 follows: 17 (b) to permit a parent, or a person entitled to [visitation] PARENTING 18 TIME by a court order or a separation agreement, to visit the child at 19 stated periods; 20 S 36. Subdivision (b) of section 759 of the family court act, as 21 amended by chapter 483 of the laws of 1995, is amended to read as 22 follows: 23 (b) to permit a parent, or a person entitled to [visitation] PARENTING 24 TIME by a court order or a separation agreement, to visit the child at 25 stated periods; 26 S 37. Subdivision (b) of section 842 of the family court act, as 27 amended by chapter 483 of the laws of 1995, is amended to read as 28 follows: 29 (b) to permit a parent, or a person entitled to [visitation] PARENTING 30 TIME by a court order or a separation agreement, to visit the child at 31 stated periods; 32 S 38. Section 1030 of the family court act, as added by chapter 457 of 33 the laws of 1988, and subdivisions (b) and (d) as amended by chapter 41 34 of the laws of 2010 is amended to read as follows: 35 S 1030. Order of [visitation] PARENTING TIME by a respondent. (a) A 36 respondent shall have the right to reasonable and regularly scheduled 37 [visitation] PARENTING TIME with a child in the temporary custody of a 38 social services official pursuant to this part or pursuant to subdivi- 39 sion (d) of section one thousand fifty-one of this article, unless 40 limited by an order of the family court. 41 (b) A respondent who has not been afforded such [visitation] PARENTING 42 TIME may apply to the court for an order requiring the local social 43 services official having temporary custody of the child pursuant to this 44 part or pursuant to subdivision (d) of section one thousand fifty-one of 45 this article, to permit the respondent to visit the child at stated 46 periods. Such application shall be made upon notice to the local social 47 services official and to any attorney appointed to represent the child, 48 who shall be afforded an opportunity to be heard thereon. 49 (c) A respondent shall be granted reasonable and regularly scheduled 50 [visitation] PARENTING TIME unless the court finds that the child's life 51 or health would be endangered thereby, but the court may order [visita- 52 tion] PARENTING TIME under the supervision of an employee of a local 53 social services department upon a finding that such supervised [visita- 54 tion] PARENTING TIME is in the best interest of the child. 55 (d) An order made under this section may be modified by the court for 56 good cause shown, upon application by any party or the child's attorney, A. 6690 25 1 and upon notice of such application to all other parties and the child's 2 attorney, who shall be afforded an opportunity to be heard thereon. 3 (e) An order made under this section shall terminate upon the entry of 4 an order of disposition pursuant to part five of this article. 5 (F) INTERFERENCE WITH OR WITHHOLDING OF PARENTING TIME WITHOUT CAUSE 6 SHALL RESULT IN IMMEDIATE SANCTIONS. A JUDGE WHO SANCTIONS A PARTY FOR 7 FAILURE TO COMPLY WITH AN ORDER OF PARENTING TIME SHALL HAVE AVAILABLE 8 THE FOLLOWING REMEDIES: 9 (1) AWARDING OF COUNSEL FEES OF THE AGGRIEVED PARTY AGAINST THE PARTY 10 WHO VIOLATED THE TERMS OF THE ORDER; 11 (2) MEDIATION EDUCATION; 12 (3) COMMUNITY SERVICE; 13 (4) AWARDING OF COMPENSATORY TIME WITH THE CHILD FOR WHICH THE PARTY 14 WAS DEPRIVED; AND 15 (5) OTHER ECONOMIC SANCTIONS WHICH MAY BE DECIDED ON A CASE TO CASE 16 BASIS. 17 S 39. Subdivision (e) of section 1035 of the family court act, as 18 amended by chapter 526 of the laws of 2003, is amended to read as 19 follows: 20 (e) The summons, petition and notice of pendency of a child protective 21 proceeding served on the child's non-custodial parent in accordance with 22 subdivision (d) of this section shall, if applicable, be served together 23 with a notice that the child was removed from his or her home by a 24 social services official. Such notice shall also include the name and 25 address of the official to whom temporary custody of the child has been 26 transferred, the name and address of the agency or official with whom 27 the child has been temporarily placed, if different, and shall advise 28 such parent of the right to request temporary and permanent custody and 29 to seek enforcement of [visitation] PARENTING TIME rights with the child 30 as provided for in part eight of this article. 31 S 40. Paragraph (b) of subdivision 1 of section 1056 of the family 32 court act, as amended by chapter 483 of the laws of 1995, is amended to 33 read as follows: 34 (b) to permit a parent, or a person entitled to [visitation] PARENTING 35 TIME by a court order or a separation agreement, to visit the child at 36 stated periods; 37 S 41. Part 8 of article 10 of the family court act, as added by chap- 38 ter 457 of the laws of 1988, subdivision 4 of section 1081, paragraph 39 (b) of subdivision 1, subdivision 2 of section 1082 and subdivision 4 of 40 section 1085 as amended by chapter 41 of the laws of 2010, and section 41 1085 as amended by chapter 378 of the laws of 1999, is amended to read 42 as follows: 43 PART 8 44 [VISITATION OF] PARENTING TIME WITH 45 MINORS IN FOSTER CARE 46 Section 1081. [Visitation] PARENTING TIME rights. 47 1082. Approval, modification or denial of [visitation] PARENTING 48 TIME rights. 49 1083. Duration of orders affecting [visitation] PARENTING TIME 50 rights. 51 1084. Out-of-wedlock children; paternity. 52 1085. [Visitation] PARENTING TIME and custody rights unenforcea- 53 ble; murder of parent, custodian, guardian, or child. 54 S 1081. [Visitation] PARENTING TIME rights. 1. A non-custodial parent 55 or grandparent shall have the [visitation] PARENTING TIME rights with a 56 child remanded or placed in the care of a social services official A. 6690 26 1 pursuant to this article as conferred by order of the family court or by 2 any order or judgment of the supreme court, or by written agreement 3 between the parents as described in section two hundred thirty-six of 4 the domestic relations law, subject to the provisions of section one 5 thousand eighty-two of this part. 6 2. A non-custodial parent or any grandparent or grandparents who have 7 not been afforded the [visitation] PARENTING TIME rights described in 8 subdivision one of this section, shall have the right to petition the 9 court for enforcement of [visitation] PARENTING TIME rights with a child 10 remanded or placed in the care of a social services official pursuant to 11 this article, as such [visitation] PARENTING TIME rights have been 12 conferred by order of the family court or by any order or judgment of 13 the supreme court, or by written agreement between the parents as 14 described in section two hundred thirty-six of the domestic relations 15 law. 16 3. (a) The petition by a non-custodial parent shall allege that such 17 parent has [visitation] PARENTING TIME rights conferred by order of the 18 family court or by any order or judgment of the supreme court or by 19 written agreement between the parents as described in section two 20 hundred thirty-six of the domestic relations law, shall have a copy of 21 such order, judgment or agreement attached thereto, shall request 22 enforcement of such rights pursuant to this part, and shall state, when 23 known by the petitioner, that [visitation] PARENTING TIME rights with 24 the child by any grandparent or grandparents have been conferred by 25 order of the supreme court or family court pursuant to section seventy- 26 two or two hundred forty of the domestic relations law, and shall 27 provide the name and address of such grandparent or grandparents. 28 (b) A petition by a grandparent or grandparents shall allege that such 29 grandparent or grandparents have been granted [visitation] PARENTING 30 TIME rights with the child pursuant to section seventy-two or two 31 hundred forty of the domestic relations law, or subdivision (b) of 32 section six hundred fifty-one of this act, shall have a copy of such 33 order or judgment attached thereto, and shall request enforcement of 34 such rights pursuant to this part. 35 4. The petition shall be served upon the respondent in a proceeding 36 under this article, the local social services official having the care 37 of the child, any grandparent or grandparents named in the petition as 38 having [visitation] PARENTING TIME rights conferred by court order 39 pursuant to section seventy-two or two hundred forty of the domestic 40 relations law, and upon the child's attorney. The petition shall be 41 served in such manner as the court may direct. 42 5. Upon receipt of such petition the court shall, subject to the 43 provisions of section one thousand eighty-two of this part, require that 44 any order of a family court or order or judgment of the supreme court, 45 or any agreement between the parents as described in subdivision one of 46 this section, granting [visitation] PARENTING TIME rights to the non- 47 custodial parent, grandparent or grandparents, be incorporated in any 48 preliminary order or order of placement made under this article to the 49 extent that such order, judgment or agreement confers [visitation] 50 PARENTING TIME rights. In any case where a dispositional hearing has not 51 been held or will not be held within thirty days of the filing of such 52 petition the court shall order the person, official, agency or institu- 53 tion caring for the child pursuant to this article to comply with such 54 part of the order, judgment or agreement granting [visitation] PARENTING 55 TIME rights. Violation of such order shall be punishable pursuant to 56 section seven hundred fifty-three of the judiciary law. A. 6690 27 1 S 1082. Approval, modification or denial of [visitation] PARENTING 2 TIME rights. 1. (a) Upon receipt of a petition pursuant to subdivision 3 four of section one thousand eighty-one of this part, the local depart- 4 ment of social services shall make inquiry of the state central register 5 of child abuse and maltreatment to determine whether or not the peti- 6 tioner is a subject of an indicated report of child abuse or maltreat- 7 ment, as such terms are defined in section four hundred twelve of the 8 social services law, and shall further ascertain whether or not the 9 petitioner is a respondent in a proceeding under this article whereby 10 the child with whom [visitation] PARENTING TIME is sought has been 11 allegedly abused or neglected or has been adjudicated as an abused or 12 neglected child. 13 (b) The department, the child's attorney and the respondent in a 14 proceeding under this article, shall have the right to be heard with 15 respect to a petition for an order to enforce [visitation] PARENTING 16 TIME rights under this part. 17 2. Where the local department of social services or the child's attor- 18 ney opposes a petition described in section one thousand eighty-one of 19 this part, the department or the child's attorney as appropriate shall 20 serve and file an answer to the petition. The court shall, upon the 21 filing of such answer, set a date for a hearing on such petition and 22 shall notify the parents, grandparent or grandparents, the department 23 and the child's attorney of such hearing date. 24 3. Whenever a hearing described in subdivision two of this section is 25 to be held within ten court days of a dispositional hearing authorized 26 under this article, the court may in its discretion hear such petition 27 as part of such dispositional hearing. 28 4. In any hearing under this section, the court shall approve such 29 petition unless the court finds upon competent, relevant and material 30 evidence that enforcement of [visitation] PARENTING TIME rights as 31 described in the order, judgment or agreement would endanger the child's 32 life or health. Upon such a finding, the court shall make an order deny- 33 ing such petition or make such other order affecting enforcement of 34 [visitation] PARENTING TIME rights as the court deems to be in the best 35 interests of the child. 36 5. (a) Where a petition is approved pursuant to this section the 37 parties may agree in writing to an alternative schedule of [visitation] 38 PARENTING TIME equivalent to and consistent with the original or modi- 39 fied [visitation] PARENTING TIME order or agreement where such alterna- 40 tive schedule reflects changed circumstances of the parties and is 41 consistent with the best interests of the child. 42 (b) In the absence of such an agreement between the parties, the court 43 may, in its discretion, order an alternative schedule of [visitation] 44 PARENTING TIME as defined herein, where it determines that such schedule 45 is necessary to facilitate [visitation] PARENTING TIME and to protect 46 the best interests of the child. 47 S 1083. Duration of orders affecting [visitation] PARENTING TIME 48 rights. 1. Where an order of the court has been made incorporating an 49 order, judgment or agreement conferring [visitation] PARENTING TIME 50 rights with a child on a non-custodial parent or grandparent into a 51 dispositional order under this article, or where the court otherwise 52 orders compliance by a person, official, agency or institution caring 53 for the child, with an order, judgment or agreement granting [visita- 54 tion] PARENTING TIME rights, such order shall remain in effect for the 55 length of time the child remains in such care pursuant to this article, A. 6690 28 1 unless such order is subsequently modified by the court for good cause 2 shown. 3 2. Where the court makes an order denying a petition seeking enforce- 4 ment of [visitation] PARENTING TIME rights or makes an order modifying 5 [visitation] PARENTING TIME rights, pursuant to the provisions of 6 section one thousand eighty-two of this part, such order shall remain in 7 effect for the length of time the child is placed with a person, offi- 8 cial, agency or institution caring for the child pursuant to this arti- 9 cle, unless such order is subsequently modified by the court for good 10 cause shown. 11 S 1084. Out-of-wedlock children; paternity. No [visitation] PARENTING 12 TIME right shall be enforceable under this part concerning any person 13 claiming to be a parent of an out-of-wedlock child without an adjudi- 14 cation of the paternity of such person by a court of competent jurisdic- 15 tion, or without an acknowledgement of the paternity of such person 16 executed pursuant to applicable provisions of law. 17 S 1085. [Visitation] PARENTING TIME and custody rights unenforceable; 18 murder of parent, custodian, guardian, or child. 1. No [visitation] 19 PARENTING TIME or custody order shall be enforceable under this part by 20 a person who has been convicted of murder in the first or second degree 21 in this state, or convicted of an offense in another jurisdiction which, 22 if committed in this state, would constitute either murder in the first 23 or second degree, of a parent, legal custodian, legal guardian, sibling, 24 half-sibling or step-sibling of the child unless: 25 (i) (A) such child is of suitable age to signify assent and such child 26 assents to such [visitation] PARENTING TIME or custody; or 27 (B) if such child is not of suitable age to signify assent the child's 28 custodian or legal guardian assents to such order; or 29 (C) the person who has been convicted of murder in the first or second 30 degree, or an offense in another jurisdiction which if committed in this 31 state, would constitute either murder in the first or second degree, can 32 prove by a preponderance of the evidence that: 33 (1) he or she, or a family or household member of either party, was a 34 victim of domestic violence by the victim of such murder; and 35 (2) the domestic violence was causally related to the commission of 36 such murder; and 37 (ii) the court finds that such [visitation] PARENTING TIME or custody 38 is in the best interest of the child. 39 2. Pending determination of a petition for [visitation] PARENTING TIME 40 or custody such child shall not visit and no person shall visit, with 41 such child present, such person, legal guardian or legal custodian who 42 has been convicted of murder in the first or second degree in this 43 state, or an offense in another jurisdiction which, if committed in this 44 state, would constitute either murder in the first or second degree, of 45 the other parent, legal guardian, legal custodian, sibling, half-sibling 46 or step-sibling of such child, without the consent of such child's 47 custodian or legal guardian. 48 3. Nothing contained in this section shall be construed to require a 49 court, without petition from any of the interested parties, to review a 50 previously issued order of [visitation] PARENTING TIME or custody or 51 denial of such petition. 52 4. For the purposes of making a determination pursuant to subparagraph 53 (C) of paragraph (i) of subdivision one of this section, the court shall 54 not be bound by the findings of fact, conclusions of law or ultimate 55 conclusion as determined by the proceedings leading to the conviction of 56 murder in the first or second degree in this state or of an offense in A. 6690 29 1 another jurisdiction which, if committed in this state, would constitute 2 murder in either the first or second degree, of a parent, legal guardi- 3 an, legal custodian, sibling, half-sibling or step-sibling of a child 4 who is the subject of the proceeding. In all proceedings under this 5 section, an attorney shall be appointed for the child. 6 S 42. The domestic relations law is amended by adding a new section 7 242 to read as follows: 8 S 242. MATRIMONIAL ACTIONS INVOLVING CUSTODY OF CHILDREN; MEDIATION 9 AND FAMILY COUNSELLING. IN ANY MATRIMONIAL ACTION INVOLVING THE CUSTODY 10 OF CHILDREN, THE COURT SHALL DIRECT THE PARTIES TO ATTEND MEDIATION AND 11 FAMILY COUNSELLING SESSIONS PRIOR TO THE ENTRY OF ANY ORDERS OR JUDG- 12 MENTS, EXCEPT FOR TEMPORARY ORDERS OF PROTECTION OR SUPPORT, AS PROVIDED 13 FOR IN THE RULES OF THE CHIEF ADMINISTRATOR OF THE COURTS, WHO SHALL 14 PROMULGATE RULES AND REGULATIONS THEREFOR. 15 S 43. Paragraph (a) of subdivision 1-b of section 240 of the domestic 16 relations law, as added by chapter 567 of the laws of 1989, is amended 17 to read as follows: 18 (a) The court shall make its award for child support pursuant to the 19 provisions of this subdivision. The [court may vary from the amount of 20 the basic child support obligation determined pursuant to paragraph (c) 21 of this subdivision only in accordance with paragraph (f) of this subdi- 22 vision] BURDEN OF CHILD SUPPORT SHALL BE DIVIDED EQUALLY BETWEEN THE 23 PARENTS. 24 S 44. Paragraphs (e) and (f) of subdivision 1-b of section 240 of the 25 domestic relations law are REPEALED. 26 S 45. Subparagraph 2 of paragraph (b) of subdivision 1-b of section 27 240 of the domestic relations law, as added by chapter 567 of the laws 28 of 1989, is amended to read as follows: 29 (2) "Child support" shall mean a sum to be paid pursuant to court 30 order or decree by either or both parents or pursuant to a valid agree- 31 ment between the parties for care, maintenance and education of any 32 unemancipated child under the age of [twenty-one] EIGHTEEN years. 33 S 46. Clause (i) of subparagraph 5 of paragraph (b) of subdivision 1-b 34 of section 240 of the domestic relations law, as added by chapter 567 of 35 the laws of 1989, is amended to read as follows: 36 (i) gross (total) income, EXCLUSIVE OF FEDERAL, STATE, AND LOCAL 37 PERSONAL INCOME TAXES AND CONTRIBUTIONS REQUIRED PURSUANT TO THE FEDERAL 38 INSURANCE CONTRIBUTIONS ACT (SOCIAL SECURITY AND MEDICARE), as should 39 have been or should be reported in the most recent federal income tax 40 return. If an individual files his/her federal income tax return as a 41 married person filing jointly, such person shall be required to prepare 42 a form, sworn to under penalty of law, disclosing his/her gross income 43 individually; 44 S 47. Subdivision 11 of section 111-h of the social services law, as 45 amended by chapter 502 of the laws of 1990, is amended to read as 46 follows: 47 11. The department may provide for the performance of the collection 48 and disbursement functions of the support collection units by contract 49 with a fiscal agent. For purposes of any reference to support collection 50 unit in this chapter or any other law, the fiscal agent under contract 51 with the department shall be deemed to be part of all support collection 52 units for which the fiscal agent performs collection and disbursement 53 functions. THE DEPARTMENT SHALL PROVIDE BY RULE FOR AN ANNUAL AUDIT AND 54 PERFORMANCE APPRAISAL OF EACH FISCAL AGENT. 55 S 48. The family court act is amended by adding a new section 385.3 to 56 read as follows: A. 6690 30 1 S 385.3. EVIDENCE. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A FAMI- 2 LY COURT JUDGE SHALL, IN EVERY PROCEEDING AND HEARING UNDER HIS OR HER 3 JURISDICTION, REVIEW ALL EVIDENCE INCLUDING LAW GUARDIAN REPORTS, CHILD 4 ADVOCATE REPORTS, PHYSICIAN REPORTS, PSYCHOLOGIST REPORTS AND COUNSELING 5 REPORTS, AS WELL AS ALL THIRD PARTY COMMUNICATIONS RELATED TO THE 6 PROCEEDING OR HEARING. 7 S 49. Subdivision (a) of section 418 of the family court act, as 8 amended by chapter 214 of the laws of 1998, is amended to read as 9 follows: 10 (a) The court, on its own motion or motion of any party, when paterni- 11 ty is contested, shall order the mother, the child and the alleged 12 father to submit to one or more genetic marker or DNA marker tests of a 13 type generally acknowledged as reliable by an accreditation body desig- 14 nated by the secretary of the federal department of health and human 15 services and performed by a laboratory approved by such an accreditation 16 body and by the commissioner of health or by a duly qualified physician 17 to aid in the determination of whether the alleged father is or is not 18 the father of the child. No such test shall be ordered, however, upon a 19 written finding by the court that it is not in the best interests of the 20 child on the basis of res judicata, equitable estoppel or the presump- 21 tion of legitimacy of a child born to a married woman. The record or 22 report of the results of any such genetic marker or DNA test shall be 23 received in evidence, pursuant to subdivision (e) of rule forty-five 24 hundred eighteen of the civil practice law and rules where no timely 25 objection in writing has been made thereto. Any order pursuant to this 26 section shall state in plain language that the results of such test 27 shall be admitted into evidence, pursuant to rule forty-five hundred 28 eighteen of the civil practice law and rules absent timely objections 29 thereto and that if such timely objections are not made, they shall be 30 deemed waived and shall not be heard by the court. If the record or 31 report of results of any such genetic marker or DNA test or tests indi- 32 cate at least a ninety-five percent probability of paternity, the admis- 33 sion of such record or report shall create a rebuttable presumption of 34 paternity, and, if unrebutted, shall establish the paternity of and 35 liability for the support of a child pursuant to this article and arti- 36 cle five of this act. IF CHILD SUPPORT IS BEING PAID AND THE RECORD OR 37 REPORT OF RESULTS OF ANY GENETIC MARKER OR DNA TEST OR TESTS DO NOT 38 INDICATE AT LEAST A NINETY-FIVE PERCENT PROBABILITY OF PATERNITY, IF 39 UNREBUTTED, THE COURT SHALL ORDER THE IMMEDIATE CESSATION OF ALL CHILD 40 SUPPORT REGARDLESS OF THE LENGTH OF TIME THAT CHILD SUPPORT HAS BEEN 41 PAID, EXCEPT IN A CASE WHERE A SPERM DONOR WAS USED AND THE PUTATIVE 42 FATHER WAS AWARE OF AND CONSENTED TO SUCH USE IN WHICH CASE THERE SHALL 43 NOT BE A CESSATION OF SUPPORT. 44 S 50. The domestic relations law is amended by adding a new section 45 74-a to read as follows: 46 S 74-A. PARENTAL ACCESS TO INFORMATION. UNLESS PROHIBITED BY FEDERAL 47 OR STATE LAW, A PARENT SHALL HAVE COMPLETE ACCESS TO RECORDS AND INFOR- 48 MATION PERTAINING TO THE HEALTH, EDUCATION AND WELFARE OF HIS OR HER 49 MINOR CHILD, REGARDLESS OF WHETHER OR NOT HE OR SHE IS THE CUSTODIAL 50 PARENT, UNLESS A COURT DECREES THAT ACCESS TO THE INFORMATION IS NOT IN 51 THE BEST INTEREST OF THE CHILD. 52 S 51. Subparagraph 3 of paragraph (b) of subdivision 1 of section 413 53 of the family court act, as amended by chapter 567 of the laws of 1989, 54 is amended to read as follows: 55 (3) "Child support percentage" shall mean: A. 6690 31 1 (i) seventeen percent of the combined parental income for one child, 2 EXCEPT IN A CASE OF SHARED PARENTING IN WHICH CASE TEN PERCENT OF THE 3 COMBINED PARENTAL INCOME FOR ONE CHILD; 4 (ii) twenty-five percent of the combined parental income for two chil- 5 dren, EXCEPT IN A CASE OF SHARED PARENTING IN WHICH CASE SIXTEEN PERCENT 6 OF THE COMBINED PARENTAL INCOME FOR TWO CHILDREN; 7 (iii) twenty-nine percent of the combined parental income for three 8 children, EXCEPT IN A CASE OF SHARED PARENTING IN WHICH CASE TWENTY-SIX 9 PERCENT OF THE COMBINED PARENTAL INCOME FOR THREE CHILDREN; 10 (iv) thirty-one percent of the combined parental income for four chil- 11 dren; and 12 (v) no less than thirty-five percent of the combined parental income 13 for five or more children. 14 IN ADDITION TO THE PERCENTAGES ESTABLISHED IN THIS SUBPARAGRAPH FOR 15 SHARED PARENTING, THE COURT MAY INCLUDE AN ADDITIONAL SEVEN PERCENT UPON 16 THE DEMONSTRATION OF NECESSITY, BASED UPON RECEIPTS, FOR CLOTHING, CARE, 17 MEDICAL ATTENTION, THE EXPENSE OF EDUCATION, PAYMENT OF FUNERAL 18 EXPENSES, AND OTHER PROPER AND REASONABLE EXPENSES. 19 S 52. Paragraph (c) of subdivision 1 of section 413 of the family 20 court act is amended by adding a new subparagraph 8 to read as follows: 21 (8) WHERE THE COURT DETERMINES THAT THE CUSTODIAL PARENT WILL RECEIVE 22 TAX SAVINGS BECAUSE OF BEING ABLE TO FILE AS HEAD OF A HOUSEHOLD, TAKE A 23 CHILD RELATED TAX DEDUCTION AND/OR TAKE A CHILD RELATED EARNED INCOME 24 TAX CREDIT, THE COURT SHALL ADD THE AMOUNT SAVED TO THE CUSTODIAL 25 PARENT'S INCOME WHEN DETERMINING COMBINED PARENTAL INCOME. 26 S 53. Section 413 of the family court act is amended by adding a new 27 subdivision 2-a to read as follows: 28 2-A. NOTHING IN THIS ARTICLE SHALL IMPOSE ANY LIABILITY UPON A PERSON 29 TO SUPPORT ANY MINOR CHILD WHO HAS BECOME EMANCIPATED, MARRIED, HAS 30 CEASED TO ATTEND SCHOOL, OR WHO, IF IT HAS BEEN DETERMINED BY THE COURT, 31 HAS BECOME SELF-SUPPORTING. SUCH LIABILITY SHALL NOT BE IMPOSED FOR SO 32 LONG AS THE MINOR REMAINS EMANCIPATED, MARRIED, HAS CEASED TO ATTEND 33 SCHOOL OR IS SELF-SUPPORTING. 34 S 54. Paragraph (e) of subdivision 4-a of section 111-b of the social 35 services law, as added by chapter 398 of the laws of 1997, is amended to 36 read as follows: 37 (e) Information maintained as part of the state case registry shall 38 be made available to other state and federal agencies as provided for in 39 federal statutes and regulations promulgated by the federal secretary of 40 health and human services. EVERY JANUARY, MAY AND SEPTEMBER, A SUPPORT 41 PAYER'S INFORMATION SHALL BE MAILED TO HIM OR HER BY FIRST CLASS MAIL 42 FROM THE NEW YORK STATE CHILD SUPPORT COLLECTION UNIT TO THE SUPPORT 43 OBLIGOR'S KNOWN HOME ADDRESS OR SUCH OTHER PLACE WHERE THE SUPPORT OBLI- 44 GOR IS LIKELY TO RECEIVE FIRST CLASS MAIL. THIS SHALL INCLUDE ALL 45 PAYMENTS, INCLUDING ARREARAGES, RECEIVED BY THE CHILD SUPPORT COLLECTION 46 UNIT. 47 S 55. Subdivision (a) of section 458-a of the family court act, as 48 amended by chapter 624 of the laws of 2002, is amended to read as 49 follows: 50 (a) If the respondent has accumulated support arrears equivalent to or 51 greater than the amount of support due pursuant to court order for a 52 period of four months, the court may order the department of motor vehi- 53 cles to suspend the respondent's driving privileges, and if such order 54 issues, the respondent may apply to the department of motor vehicles for 55 a restricted use license pursuant to section five hundred thirty of the 56 vehicle and traffic law. IF THE COURT FINDS THAT THE RESPONDENT HAS IN A. 6690 32 1 THE PAST BEEN TIMELY IN PAYING HIS OR HER SUPPORT DUE THEN THE RESPOND- 2 ENT'S DRIVING PRIVILEGES CANNOT BE SUSPENDED WITHOUT A HEARING. The 3 court may at any time upon payment of arrears or partial payment of 4 arrears by the respondent order the department of motor vehicles to 5 terminate the suspension of respondent's driving privileges. For 6 purposes of determining whether a support obligor has accumulated 7 support arrears equivalent to or greater than the amount of support due 8 for a period of four months, the amount of any retroactive support, 9 other than periodic payments of retroactive support which are past due, 10 shall not be included in the calculation of support arrears pursuant to 11 this section. 12 S 56. Subdivision 1 of section 454 of the family court act, as amended 13 by chapter 892 of the laws of 1986, is amended to read as follows: 14 1. If a respondent is brought before the court for failure to obey any 15 lawful order of support [and if, after hearing,] THE PARTIES CAN CHOOSE 16 TO HAVE A HEARING BEFORE THE COURT OR TO GO THROUGH AN ARBITRATOR, IN 17 ORDER TO AVOID A COURT APPEARANCE. AN ARBITRATOR SHALL BE ESTABLISHED 18 THROUGH CHILD SUPPORT COLLECTION TO ARBITRATE DISPUTES WHEN THERE ARE 19 ACCUSATIONS OF CHILD SUPPORT ARREARAGE IN ORDER TO AVERT A COURT APPEAR- 20 ANCE. IF the court is satisfied by competent proof that the respondent 21 has failed to obey any such order, the court may use any or all of the 22 powers conferred upon it by this part. The court has the power to use 23 any or all enforcement powers in every proceeding brought for violation 24 of a court order under this part regardless of the relief requested in 25 the petition. 26 S 57. Paragraph (a) of subdivision 3 of section 454 of the family 27 court act, as amended by chapter 892 of the laws of 1986, is amended to 28 read as follows: 29 (a) commit the respondent to jail for a term not to exceed six months. 30 For purposes of this subdivision, failure to pay support, as ordered, 31 shall constitute prima facie evidence of a willful violation. HOWEVER, 32 THE COURT SHALL CONSIDER REAL CIRCUMSTANCES WHEN FINDING THAT A RESPOND- 33 ENT HAS FAILED TO COMPLY WITH ANY LAWFUL ORDER OF SUPPORT, SUCH AS THAT 34 A PARENT PRESENTLY HAS VOLUNTARILY OR INVOLUNTARILY REDUCED RESOURCES OR 35 INCOME. Such commitment may be served upon certain specified days or 36 parts of days as the court may direct, and the court may, at any time 37 within the term of such sentence, revoke such suspension and commit the 38 respondent for the remainder of the original sentence, or suspend the 39 remainder of such sentence. Such commitment does not prevent the court 40 from subsequently committing the respondent for failure thereafter to 41 comply with any such order; or 42 S 58. Section 451 of the family court act, as amended by chapter 182 43 of the laws of 2010, is amended to read as follows: 44 S 451. Continuing jurisdiction. 1. (A) Except as provided in article 45 five-B of this act, the court has continuing jurisdiction over any 46 support proceeding brought under this article until its judgment is 47 completely satisfied and may modify, set aside or vacate any order 48 issued in the course of the proceeding, provided, however, that the 49 modification, set aside or vacatur shall not reduce or annul child 50 support arrears accrued prior to the making of an application pursuant 51 to this section. The court shall not reduce or annul any other arrears 52 unless the defaulting party shows good cause for failure to make appli- 53 cation for relief from the judgment or order directing payment prior to 54 the accrual of the arrears, in which case the facts and circumstances 55 constituting such good cause shall be set forth in a written memorandum 56 of decision. A modification may increase support payments nunc pro tunc A. 6690 33 1 as of the date of the initial application for support based on newly 2 discovered evidence. Any retroactive amount of support due shall be paid 3 and be enforceable as provided in section four hundred forty of this 4 article. Upon an application to modify, set aside or vacate an order of 5 support, no hearing shall be required unless such application shall be 6 supported by affidavit and other evidentiary material sufficient to 7 establish a prima facie case for the relief requested. 8 (B) ONCE A YEAR, A MOTION MAY BE MADE BY A CHILD SUPPORT OBLIGOR TO 9 REQUIRE AN ACCOUNTING BY THE PARENT RECEIVING THE CHILD SUPPORT ON 10 BEHALF OF THE CHILD OR CHILDREN. THE ACCOUNTING SHALL ACCOUNT FOR ALL 11 FUNDS EXPENDED ON THE CHILD OR CHILDREN AND SHALL BE USED BY THE COURT 12 IN DETERMINING WHETHER THE FUNDS ARE BEING MISUSED OR NOT FULFILLING THE 13 CHILD'S OR CHILDREN'S NEEDS. THE ACCOUNTING SHALL INCLUDE, BUT NOT BE 14 LIMITED TO, THE DISPOSITION OF ALL FUNDS PAID BY THE CHILD SUPPORT OBLI- 15 GOR AND ALL FUNDS EXPENDED ON BEHALF OF THE CHILD OR CHILDREN. ANY 16 MOTION FILED BY A CHILD SUPPORT OBLIGOR PURSUANT TO THIS SUBDIVISION 17 SHALL BE ACCOMPANIED BY A SWORN AFFIDAVIT THAT THE OBLIGOR HAS REASON- 18 ABLE GROUNDS TO QUESTION WHETHER THE CHILD SUPPORT FUNDS ARE BEING SPENT 19 APPROPRIATELY AND SHALL STATE THE GROUNDS IN THE AFFIDAVIT. 20 2. (a) The court may modify an order of child support, including an 21 order incorporating without merging an agreement or stipulation of the 22 parties, upon a showing of a substantial change in circumstances. 23 Incarceration shall not be a bar to finding a substantial change in 24 circumstances provided such incarceration is not the result of non-pay- 25 ment of a child support order, or an offense against the custodial 26 parent or child who is the subject of the order or judgment. 27 (b) In addition, unless the parties have specifically opted out of the 28 following provisions in a validly executed agreement or stipulation 29 entered into between the parties, the court may modify an order of child 30 support where: 31 (i) three years have passed since the order was entered, last modified 32 or adjusted; or 33 (ii) there has been a change in either party's gross income by fifteen 34 percent or more since the order was entered, last modified, or adjusted. 35 A reduction in income shall not be considered as a ground for modifica- 36 tion unless it was involuntary and the party has made diligent attempts 37 to secure employment commensurate with his or her education, ability, 38 and experience. 39 S 59. The closing paragraph of subdivision 1 of section 460 of the 40 family court act, as amended by chapter 815 of the laws of 1987, is 41 amended to read as follows: 42 and the party defaults in paying any sum of money due as required by the 43 order directing the payment thereof, the court, without regard to the 44 amount due, shall make an order directing the entry of judgment for the 45 amount of child support arrears, together with costs and disbursements. 46 THIS JUDGMENT SHALL BE DIRECTED TO BE PAID EACH MONTH, AT A RATE NOT TO 47 EXCEED TEN PERCENT OF THE DEFAULTING PARTY'S REGULAR MONTHLY CHILD 48 SUPPORT PAYMENT, UNTIL THE ARREARS ARE PAID. The court shall make an 49 order directing the entry of judgment for the amount of arrears of any 50 other payments so directed, together with costs and disbursements, 51 unless the defaulting party shows good cause for failure to make appli- 52 cation for relief from the judgment or order directing such payment 53 prior to the accrual of such arrears. The court shall not make an order 54 reducing or [cancelling] CANCELING such arrears unless the facts and 55 circumstances constituting good cause are set forth in a written memo- 56 randum of decision. The application for such order shall be made upon A. 6690 34 1 such notice to the party or other person as the court may direct. Such 2 judgment shall provide for the payment of interest on the amount of any 3 arrears if the default was willful, in that the defaulting party know- 4 ingly, consciously and voluntarily disregarded the obligation under a 5 lawful court order. Such interest shall be computed from the date on 6 which the payment was due, at the prevailing rate of interest on judg- 7 ments as provided in the civil practice law and rules. 8 S 60. This act shall take effect on the first of January next succeed- 9 ing the date on which it shall have become a law, provided that the 10 amendments to subdivision (a) of section 439 of the family court act 11 made by section twenty-three of this act shall be subject to the expira- 12 tion and reversion of such subdivision pursuant to subdivision 19 of 13 section 246 of chapter 81 of the laws of 1995, as amended, when upon 14 such date the provisions of section twenty-four of this act shall take 15 effect and provided further that any and all rules and regulations and 16 any other measures necessary to implement this act on its effective date 17 may be promulgated or taken on or before such date.