Custodial Supervision

LAWS OF NEW YORK, 2008
CHAPTER 595
 
 
AN ACT to amend the domestic relations law, the family court act, the executive law and the correction law, in relation to the issuance of orders of custody and visitation
 
Became a law September 25, 2008, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.
 
  The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
 
  Section 1. Subdivision 1 of section 240 of the domestic relations law
is amended by adding a new paragraph (a-1) to read as follows:
  (a-1)(1) Permanent, temporary or successive temporary orders of custo-
dy  or visitation. Prior to the issuance of any permanent, temporary or
successive temporary order of custody or visitation where more than one
month has passed since the issuance of the previous temporary order, the
court shall conduct a review of the following:
  (i) related decisions in court proceedings initiated pursuant to arti-
cle ten of the family court act; and
  (ii) reports of the statewide computerized registry of orders of
protection and warrants of arrest established and maintained pursuant to
section two hundred twenty-one-a of the executive law, and reports of
the sex offender registry established and maintained pursuant to section
one hundred sixty-eight-b of the correction law.
  (2) Notifying counsel and issuing orders. Upon consideration of deci-
sions pursuant to article ten of the family court act, and registry
reports and notifying counsel involved in the proceeding, or in the
event of a party appearing pro se, notifying such party of the results
thereof, including any court appointed law guardian, the court may issue
a temporary, successive temporary or final order of custody or visita-
tion.
  (3) Temporary emergency order. Notwithstanding any other provision of
the law, upon emergency situations, to serve the best interest of the
child, the court may issue a temporary emergency order for custody or
visitation in the event that it is not possible to timely review deci-
sions and reports on registries as required pursuant to items (i) and
(ii) of subparagraph one of this paragraph.
  (4) After issuing a temporary emergency order. After issuing a tempo-
rary emergency order of custody or visitation, the court shall conduct
reviews of the decisions and reports on registries as required pursuant
to items (i) and (ii) of subparagraph one of this paragraph within twen-
ty-four hours of the issuance of such temporary emergency order. Upon
reviewing decisions and reports the court shall notify associated coun-
sel pursuant to subparagraph two of this paragraph and may issue tempo-
rary or permanent custody or visitation orders.
  (5) Feasibility study. The commissioner of the office of children and
family services, in conjunction with the office of court administration,
is hereby authorized and directed to examine, study, evaluate and make
recommendations concerning the feasibility of the utilization of comput-
ers in courts which are connected to the statewide central register of
child abuse and maltreatment established and  maintained pursuant to
section four hundred twenty-two of the social services law, as a means
of providing courts with information regarding parties requesting orders
of custody or visitation. Such commissioner shall make a preliminary
 report to the governor and the legislature of findings, conclusions and
recommendations not later than January first, two thousand nine, and a
final report of findings, conclusions and recommendations not later than
June first, two thousand nine, and shall submit with the reports such
legislative proposals as are deemed necessary to implement the commis-
sioner's recommendations.
  § 2. Section 651 of the family court act is amended by adding a new
subdivision (e) to read as follows:
  (e) 1. Permanent, temporary or successive temporary orders of custody
or visitation. Prior to the issuance of any permanent, temporary or
successive temporary order of custody or visitation where more than one
month has passed since the issuance of the previous temporary order, the
court shall conduct a review of the following:
  (i) related decisions in court proceedings initiated pursuant to arti-
cle ten of this act; and
  (ii) reports of the statewide computerized registry of orders of
protection and warrants of arrest established and maintained pursuant to
section two hundred twenty-one-a of the executive law, and reports of
the sex offender registry established and maintained pursuant to section
one hundred sixty-eight-b of the correction law.
  2. Notifying counsel and issuing orders. Upon consideration of deci-
sions pursuant to article ten of this act, and registry reports and
notifying counsel involved in the proceeding, or in the event of a party
appearing pro se, notifying such party of the results thereof, including
any court appointed law guardian, the court may issue a temporary,
successive temporary or final order of custody or visitation.
  3. Temporary emergency order. Notwithstanding any other provision of
the law, upon emergency situations, to serve the best interest of the
child, the court may issue a temporary emergency order for custody or
visitation in the event that it is not possible to timely review deci-
sions and reports on registries as required pursuant to subparagraphs
(i) and (ii) of paragraph one of this subdivision.
  4. After issuing a temporary emergency order. After issuing a tempo-
rary emergency order of custody or visitation, the court shall conduct
reviews of the decisions and reports on registries as required pursuant
to subparagraphs (i) and (ii) of paragraph one of this subdivision with-
in twenty-four hours of the issuance of such temporary emergency order.
Upon reviewing decisions and reports the court shall notify associated
counsel pursuant to paragraph two of this subdivision and may issue
temporary or permanent custody or visitation orders.
  5. Feasibility study. The commissioner of the office of children and
family services, in conjunction with the office of court administration,
is hereby authorized and directed to examine, study, evaluate and make
recommendations concerning the feasibility of the utilization of comput-
ers in family courts which are connected to the statewide central regis-
ter of child abuse and maltreatment established and maintained pursuant
to section four hundred twenty-two of the social services law, as a
means of providing family courts with information regarding parties
requesting orders of custody or visitation. Such commissioner shall make
a preliminary report to the governor and the legislature of findings,
conclusions and recommendations not later than January thirty-first, two
thousand nine, and a final report of findings, conclusions and recommen-
dations not later than June first, two thousand nine, and shall submit
with the reports such legislative proposals as are deemed necessary to
implement the commissioner's recommendations.
  § 3. Subdivision 6 of section 221-a of the executive law, as amended
by chapter 107 of the laws of 2004, is amended to read as follows:
  6. The superintendent shall establish procedures for the prompt
removal of orders of protection and special orders of conditions from
the active files of the registry upon their expiration. The superinten-
dent shall establish procedures for prompt disclosure of such orders and
warrants consistent with the purposes of paragraph (a-1) of subdivision
one of section two hundred forty of the domestic relations law and
subdivision (e) of section six hundred fifty-one of the family court
act.
  § 4. Paragraph b of subdivision 2 of section 168-b of the correction
law, as added by chapter 645 of the laws of 2005, is amended to read as
follows:
  b. The division shall also make registry information available to: (i)
the department of health, to enable such department to identify persons
ineligible to receive reimbursement or coverage for drugs, procedures or
supplies pursuant to subdivision seven of section twenty-five hundred
ten of the public health law, paragraph (e) of subdivision four of
section three hundred sixty-five-a of the social services law, paragraph
(e-1) of subdivision one of section three hundred sixty-nine-ee of the
social services law, and subdivision one of section two hundred forty-
one of the elder law; [and] (ii) the department of insurance to enable
such department to identify persons ineligible to receive reimbursement
or coverage for drugs, procedures or supplies pursuant to [subdivision]
subsection (b-1) of section four thousand three hundred twenty-two and
[subdivision] subsection (d-1) of section four thousand three hundred
twenty-six of the insurance law; and (iii) a court, to enable the court
to promptly comply with the provisions of paragraph (a-1) of subdivision
one of section two hundred forty of the domestic relations law and
subdivision (e) of section six hundred fifty-one of the family court
act.
  § 5. This act shall take effect on the one hundred twentieth day after
it shall have become a law, and shall apply to orders of custody and
visitation issued on or after such date.Effective immediately the
office of court administration may promulgate any rules or regulations
necessary for the timely implementation of this act on its effective
date.
 
The Legislature of the STATE OF NEW YORK ss:
  Pursuant to the authority vested in us by section 70-b of the Public
Officers Law, we hereby jointly certify that this slip copy of this
session law was printed under our direction and, in accordance with such
section, is entitled to be read into evidence.

DEAN G. SKELOS
Temporary President of the Senate
SHELDON SILVER
Speaker of the Assembly

EXPLANATION--Matter in italics is new; matter in brackets [—] is old law to be omitted.