NY Bill A2956-2013 authorizes the court to make an order of support in assistance or as a condition of any other order made in a child protective proceeding directing that a person who is liable to pay support pursuant to the provisions of article four of the family court act and who is a party to the proceeding, contribute to the support of the child or the spouse without the need for further proceedings.
I wonder if the esteemed legislators are aware of the regular court procedure in child neglect proceedings (Article 10 of the Family Court Act) and in child and spousal support proceedings (Article 4 of the Family Court Act).
Article 10 child neglect Article 4 support
Who starts CPS Commissioner Whoever is owed child support -
parent or legal guardian
Spouse for spousal support
Who presides Elected Family Court Appointed support
Judge magistrate
Who reviews NYS Supreme Court 1) Elected Family Court Judge
appeals Appellate Division of that county - objections to finding
of support;
2) NYS Supreme Court Appellate
Division
How many 1 (one) 2 (two)
appellate
layers
between
finding of
support and
Appellate
Division
What follows from the above table is that, for the sake of convenience (expediency) of the court, a parent who has the misfortune of being brought into child abuse or neglect proceedings by the CPS, is somehow denied equal procedural protections that other parents have.
For a parent sued by CPS, Family Court judge who is normally an appellate judge in support proceedings, becomes a trial judge, and the parent loses a whole layer (step) of appellate review.
Moreover, in CPS proceedings, if CPS does not have custody of the subject child and the custodial parent is not brought in as a Respondent in the CPS proceedings, the court will find itself awarding child support to a non-party ("interested party")? That simply cannot happen in court proceedings.
I do not believe this one passes constitutional muster under the Equal Protection Clause of the 14th Amendment of the U.S. Constitution.
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