Requires the court to consider a child's health and safety when making a decision regarding child custody and visitation; directs the court to review certain information as it relates to allegations of child abuse, domestic violence and child safety.
Impact
The introduction of Kyra's Law represents a significant shift in the approach to child custody and visitation cases, requiring courts to place a firm emphasis on safety. This may alter existing practices, as judges will now have to evaluate and document considerations related to domestic violence and other risks to children more systematically. The mandatory appointment of legal representation for children in cases of serious risk further adds a layer of protection, ensuring that children's voices are heard during proceedings that affect their lives directly.
Summary
Bill S05998, known as 'Kyra's Law', seeks to prioritize the health and safety of children in custody and visitation proceedings in New York State. The legislation stipulates that courts must consider a child's safety as a primary factor when deciding on custody matters. This includes a mandate to review allegations of child abuse, domestic violence, and any credible threats to a child's safety. By incorporating these considerations, the bill aims to ensure that judicial decisions serve in the best interests of the child, placing their welfare above other concerns.
Contention
While the intent behind S05998 is to enhance child protection, it has also sparked discussions regarding the balance between parental rights and the need for child safety. Critics may voice concerns over potential abuse of allegations in custody disputes, fearing that unfounded claims could unduly influence custody outcomes. Supporters argue, however, that the bill creates essential safeguards for vulnerable children and outlines necessary protocols that judicial officers must follow, reducing the likelihood of harmful custody arrangements.
Same As
Requires the court to consider a child's health and safety when making a decision regarding child custody and visitation; directs the court to review certain information as it relates to allegations of child abuse, domestic violence and child safety; requires the court to appoint an attorney to represent the child when credible allegations of serious risk to the child's safety have been made.
Requires the court to consider a child's health and safety when making a decision regarding child custody and visitation; directs the court to review certain information as it relates to allegations of child abuse, domestic violence and child safety; requires the court to appoint an attorney to represent the child when credible allegations of serious risk to the child's safety have been made.
Court consideration of allegations against a parent of domestic abuse or child abuse in dissolution, child custody, and parenting time proceedings requirement
Enacts the Kayden's Law setting guidelines and training for courts, judges and other professionals who make recommendations or decisions about visitation, custody, and placement of children when there are allegations of abuse.
Relates to the duty owed by cities and counties to children in the legal custody of such cities and counties with respect to the placement of children; provides a statutory private right of action for compensatory damage.
Relates to the duty owed by certain agencies to children in the legal custody of the agencies with respect to the placement of children; provides a statutory private right of action for compensatory damage; extends jurisdiction of the court of claims to certain claims for injuries to a child.
Relates to the duty owed by certain agencies and entities to children in the legal custody of the agencies with respect to the placement of children; provides a statutory private right of action for compensatory damage; extends jurisdiction of the court of claims to certain claims for injuries to a child.
Directs the office of children and family services to annually publish on its website certain data about calls made to the statewide central register of child abuse and maltreatment and the HEARS family line.