Family Court reforms passed by lawmakers
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Kyra’s Law, which requires judges to consider abuse allegations during custody proceedings, was passed by lawmakers. Eagle file photo by Walter Karling
By Noah Powelson
Years of legislative debate over the role state judges should play in granting custody rights during cases of alleged abuse may finally be over after the legislature passed a bill that includes new procedures, evidentiary standards and considerations for those cases.
The New York state legislature passed Kyra’s Law on June 5, delivering a heavily amended piece of legislation from a Queens lawmaker that promises to both protect children at risk of abuse while simultaneously ensuring both parties have a fair day at court during custody hearings.
The bill, should it be signed into law by Governor Kathy Hochul, will require judges to take into consideration a child’s safety when making decisions about custody and visitation in cases where there is a history of abuse allegations against a parent.
With that requirement comes new procedures, including reviewing allegations of domestic violence or child abuse prior to issuing a temporary or final custody and visitations rights.
The bill also expands the evidence courts may review in custody and visitation proceedings to include other known risk factors like stalking, violence during pregnancy, unlawful dissemination of intimate images or threats to harm or kill.
The bill would also require judges receive domestic violence, child abuse and child sexual abuse training.
The bill’s primary sponsor was Queens Assemblymember Andrew Hevesi, who recently said he was relieved to finally get Kyra’s Law to the finish line.
“Kyra’s Law is so important for survivors of domestic violence and child abuse,” Hevesi said in a statement. “This will give the courts and judges the tools and trainings necessary to make sure children do not end up in potentially deadly custody or visitation arrangements. I’m glad we were finally able to get this over the finish line, and that we were also able to pass legislation to establish a statewide supervised visitation initiative.”
Kyra’s Law had received widespread and emotional support from advocates and elected officials alike since first being introduced five years ago. But the bill always struggled to make it out of committee as legislators feared it could conflict with the state’s domestic violence laws or affect a parent’s custodial rights over unfounded allegations.
The final version of the bill passed earlier this month included a number of changes.
The bill is named in memory of Kyra Franchetti, a 2-year-old girl from Long Island who was killed by her father in a murder-suicide in 2016. Her mother, Jacqueline Franchetti, said that the court ignored claims that Kyra’ father was abusive and dangerous when they granted him visitation rights.
During an unsupervised court-ordered visit, Kyra’s father shot her while she was sleeping. He then set the house on fire with himself still inside it, and died soon after.
Franchetti has spent the last decade advocating for custody reform, and both bill sponsors attribute her story and the tragedy around Kyra in their decision to push the bill forward.
Hevesi also saw two other bills that issue new regulations and protections for children facing alleged abuse pass the legislature this session.
Queens Assemblymember Andrew Hevesi had three bills pass this legislative session centered on preventing child abuse during custody proceedings and investigations. Photo courtesy of Assemblymember Andrew Hevesi
Alongside Kyra’s Law, the legislature also passed another Hevesi sponsored bill that would create a statewide supervised visitation initiative through the Office of Children and Family Services. Hevesi said that more than half of the counties in the state do not have supervised visitation programs, and the new initiative would facilitate safe visitation in custody and domestic violence cases.
The other bill passed by the legislature gives the New York City Department of Investigation easier access to Administration for Children’s Services records in alleged abuse cases.
Under current law, DOI must first acquire approval from OCFS or the Justice Center before they can access juvenile records while investigating accusations against ACS staff. But with the new bill passed at the end of session, DOI would gain access to those records without needing approval, a change the bill’s sponsors say will end delays in investigations.
Kyra’s Law, along with Hevesi’s other custody reform bills, now sit at Hochul’s desk.
"Governor Hochul's top priority is to ensure the safety and well-being of children and families, which is why she has made domestic violence prevention and survivor protection a cornerstone of her administration,” a spokesperson for the governor’s office said in a statement.
“She has delivered historic funding, strengthened laws, and enacted key systemic reforms,” they added. “The Governor will continue to support initiatives that increase awareness and broaden protections, and will review any bill that passes both houses of the Legislature.”
