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NY A08730
Bill
Status
6/2/2025
Primary Sponsor
Andrew Hevesi
Click for details
AI Summary
- Prohibits courts from issuing orders of protection that direct a respondent under 18 to stay away from their home if doing so would leave them without an appropriate alternative residence with a relative, suitable person, or placement facility
- Requires courts to advise respondents under 18 of their right to have a guardian ad litem appointed when the petitioner is a parent or other person legally responsible for them
- Removes the option to require bail or remand to custody for respondents under 18 in family offense proceedings, limiting those measures to respondents over 18
- Allows courts to substitute a family offense petition against a child under 18 with a Person in Need of Supervision (PINS) petition; mandates this substitution for children under 12 at the petitioner's first court appearance
- Expands suspended judgment dispositions to include referral to batterer's education programs, drug and alcohol counseling, and mental health counseling, with costs paid by the respondent if able
- Takes effect 120 days after becoming law
Legislative Description
Relates to dispositions in family offense cases and orders of protection against a child under eighteen alleged to be a person in need of supervision or to have committed a family offense; provides that no order of protection or temporary order of protection may be issued directing a respondent who resides with a parent, other person legally responsible or other party to stay away from the home of such individual if the effect of such order would leave the respondent without an appropriate alternative residence; relates to the right of a respondent under the age of eighteen to have a guardian ad litem appointed in a family offense proceeding in which the petitioner is a parent or other person legally responsible for the respondent.
Last Action
enacting clause stricken
3/9/2026