New York S 9354: Relates to orders of protection where the respondent is a minor who resides with a parent or other legally responsible person or other party

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S09354 Summary:

BILL NOS09354 

&nbsp

SAME ASSAME AS A10556

&nbsp

SPONSORBRISPORT

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §§759, 821-a, 841 & 842, Fam Ct Act

&nbsp

Relates to orders of protection where the respondent is a minor who resides with a parent or other legally responsible person or other party; prohibits courts from issuing an order of protection that directs a minor respondent to stay away from the home of a parent or other person legally responsible for the respondent if the respondent would not have an appropriate alternative residence; provides that such a respondent shall have the right to have a guardian ad litem appointed, if appropriate; authorizes suspended judgment in certain cases provided that the respondent participate in a batterer's education program.

Go to top S09354 Actions:

BILL NOS09354 

&nbsp

03/04/2026REFERRED TO CHILDREN AND FAMILIES

Go to topS09354 Committee&nbspVotes:

Go to topS09354 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS09354 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9354

 IN SENATE

 March 4, 2026
 ___________

 Introduced by Sen. BRISPORT -- read twice and ordered printed, and when
 printed to be committed to the Committee on Children and Families

 AN ACT to amend the family court act, in relation to orders of
 protection where the respondent is a minor who resides with a parent
 or other legally responsible person or other party

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivision (a) of section 759 of the family court act, as
 2 amended by chapter 483 of the laws of 1995, is amended to read as
 3 follows:
 4 (a) to stay away from the home, school, business or place of employ-
 5 ment of any other party, the other spouse, the other parent or the
 6 child, and to stay away from any other specific location designated by
 7 the court; provided, however, that where the respondent resides with a
 8 parent, other person legally responsible or other party, no order of
 9 protection or temporary order of protection may be issued that directs
 10 the respondent to stay away from the home of such individual if, after
 11 inquiry, the court determines that the effect of such order would leave
 12 the respondent without an appropriate alternative residence either with
 13 a relative or other suitable person or in pre-dispositional or disposi-
 14 tional placement under section seven hundred forty or seven hundred
 15 fifty-six of this article;
 16 § 2. Paragraphs (a) and (c) of subdivision 3 of section 821-a of the
 17 family court act, as added by chapter 222 of the laws of 1994, are
 18 amended and a new subdivision 7 is added to read as follows:
 19 (a) advise the parties of the right to retain legal representation or,
 20 if indigent, the right to have counsel appointed pursuant to section two
 21 hundred sixty-two of this act and, if the respondent is under the age of
 22 eighteen and the petitioner is a parent or other person legally respon-
 23 sible for the respondent, the right to have a guardian ad litem
 24 appointed, if the court deems it appropriate;
 25 (c) provide the respondent with a copy of such petition; and the court
 26 may:

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD14968-01-6

 S. 9354 2

 1 (i) order the release of the respondent on [his or her] the respond-
 2 ent's own recognizance pending further appearances as required by the
 3 court;
 4 (ii) if the respondent is under the age of eighteen, appoint a guardi-
 5 an ad litem for the respondent if the court deems it appropriate;
 6 (iii) where the respondent is over the age of eighteen, direct that
 7 the respondent post bail in a manner authorized pursuant to section one
 8 hundred fifty-five-a of this act in an amount set by the court; or
 9 [(iii)] (iv) where the respondent is over the age of eighteen, issue a
 10 commitment order directing that the respondent be remanded to the custo-
 11 dy of the county sheriff or other appropriate law enforcement official
 12 until such time as bail is posted as required by the court.
 13 7. At any time upon or after the filing of a petition und