BILL NUMBER: S3867
SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:
An act to amend the family court act, in relation to the removal of
children by orders of custody
 
PURPOSE OR GENERAL IDEA OF BILL:
To require that Family Court judges specify whether law enforcement can
forcibly take a child when there is an order that changes custody,
either permanent or temporary.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends section -651(e) (4) of the Family Court Act to
require that an order changing permanent or temporary custody, when
relevant, shall state whether law enforcement is authorized to remove
the child or children in order to comply with the order.
Section two amends section 652 (a) and (b) of the Family Court Act to
require that an order or judgment modifying permanent or temporary
custody in a matrimonial action, when relevant, shall clarify whether
the law enforcement is authorized to remove the child in order to comply
with the order.
Section three provides the effective date.
 
JUSTIFICATION:
Recently, a horrific tragedy occurred in Westchester County when a two
year old child was killed, allegedly murdered by her mother. The night
before the toddler's death, police officers had arrived at the mother's
residence with an order changing custody of the child from the mother to
the father, but the order was written. in such a way that the police did
not believe that they could forcibly remove the child from the home.
When the mother refused to give the child to police, child services were
called, and other law enforcement agencies. By the next morning, the
child was dead.
This bill seeks to avoid this terrible tragedy from being repeated by
inserting language into the existing law-that requires family court
judges to specify how police should act in carrying out any orders and
judgments changing custody, whether temporary or permanent. Any order
that changes custody, either temporary or permanent, must clarify wheth-
er law enforcement-is authorized to take the child. The purpose is to
provide clarity to law enforcement in these difficult situations, so
that both the police and the litigants know what the police may or may
not do.
 
PRIOR LEGISLATIVE HISTORY:
S.3157 of 2023-2024 (Hoylman-Sigal): Died in Children and Families
A.487 of 2023-2024 (Paulin): Died in Judiciary
S.0564-A of 2021-2022 (Hoylman): died in Children and Families
A.1179-A of 2021-2022(Paulin): died in Judiciary
A.6848, 2019 and 2020, referred to judiciary / Same as 5.4955, 2019 and
2020 referred to children and families
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
Immediately