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NY S07425

Bill

Status

Introduced

10/8/2021

Primary Sponsor

Anna Kaplan

Click for details

Origin

Senate

2021-2022 General Assembly

AI Summary

  • Establishes "Kyra's Law" requiring courts to prioritize a child's life and safety as the first consideration in custody and visitation determinations involving allegations of child abuse or domestic violence.

  • Mandates courts hold hearings within fourteen days to assess risk using a standardized risk assessment tool and issue temporary emergency orders with custody/visitation limitations when significant risk to a child is identified.

  • Creates a rebuttable presumption against awarding custody or unsupervised visitation to parties who jeopardize a child's life or safety, and prohibits consideration of parental alienation theories in custody cases.

  • Requires judges, referees, and hearing officers to complete at least twenty hours of initial training on domestic violence and child abuse dynamics, trauma-informed practices, and risk assessment tools before presiding over custody cases involving these allegations.

  • Mandates the non-offending party's attorney and expert fees be paid by the party found to have committed child abuse or domestic violence, and restricts joint legal custody awards in domestic violence cases except with party consent or demonstrated ability to effectively communicate and cooperate.

Legislative Description

Requires the court to consider a child's health and safety when making a decision regarding child custody and visitation; directs presumptions that may be made by the court and admissibility of certain evidence in such cases; requires court officials to take part in training to handle such cases regarding domestic violence and child abuse.

Last Action

RECOMMITTED TO RULES

6/3/2022

Committee Referrals

Rules6/3/2022
Judiciary1/7/2022
Rules10/8/2021

Full Bill Text

No bill text available