Bill > S08382

This bill amends the Family Court Act to expand the court's ability to issue orders of protection in child abuse and neglect proceedings. The bill modifies existing language to allow courts to issue an order of protection against a person who was a member of the child's household or legally responsible for the child, even if that person is not a parent. The new provisions permit the court to issue such an order independently of other orders and for a duration of up to two years, or up to five years if "special circumstances" exist. Special circumstances are defined broadly, including physical injury, use of a dangerous instrument, history of order violations, prior criminal convictions, or exposure to physical injury or sex offenses. The order can be subject to annual review and modification, and can be extended independently or concurrently with other court orders. The key innovation is providing additional protection for children by allowing courts more flexibility in issuing protective orders against household members or caretakers who may pose a risk, even if they are not the child's biological parents. The bill will take effect 90 days after becoming law.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/S8382