Finally and long overdue...

Bill S3140-2013 
"Amends provisions of child protective proceedings to prevent the unnecessary removal of children from a custodial parent who is the victim of domestic violence.




SUMMARY OF SPECIFIC PROVISIONS:



Sections  1-3  amend  the  Family  Court  Act  by  adding an identical paragraph  to  section  1022,  section  1024  and  section  1028.  The amendment establishes a rebuttable presumption that a parent or person legally  responsible  for a child is a fit parent or custodian able to safely raise his/her child. The amendment clarifies that an allegation made to the court, or a finding made by the court,  that  the  child's custodial  parent or the person legally responsible for the child is a victim of domestic violence shall be  insufficient  evidence  for  the court  to  determine  that  the child is at imminent risk of harm, and should therefore be  removed  from  his  or  her  battered  parent  or custodian.



Sections  4  and  5  amend  section 371 of the social services law and section 1012 of the  family  court  act  respectively,  The  amendment expands  the  definition  of a neglected child to exclude a child of a custodial parent or a person legally responsible for the child who  is the  victim of domestic violence unless it is established by the court that, among other things, the child both experienced and was harmed by the domestic violence.



JUSTIFICATION:  To prevent further trauma to a child  whose  custodial parent  is  a  victim  of  domestic  violence, this bill establishes a presumption of fitness on the part of the battered custodial parent to prevent the unnecessary removal of the child from the battered parent," highlighting added.




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So many women were held in child neglect, put under supervision, parted from their children because they were victims of domestic violence.  New York State Court of Appeals and the 2nd Circuit ruled against finding against a parent/victim of domestic violence in child neglect proceedings, but I still had Family Court cases where such glaring unconstitutionality was disregarded and the mother was either adjudicated in neglect or settled for fear of losing at trial.


At this time, Social Services routinely charge mothers with child neglect simply because children were present at the time mothers were battered and saw the incident.


I support this legislation.  It is long overdue.  I also would add to it that it applies retroactively and to vacate all court decisions of child neglect that said otherwise.  That will help a lot of parents to remove the stigma and, possibly, will reunite a lot of families.