Bill Brief: Kyra's Law (S.3170-A)

1.  What is Kyra's Law?

• Kyra's Law is a proposed New York State law aimed at prioritizing children's safety in custody and visitation decisions during divorce or separation proceedings.

2.  Why is it Called "Kyra's Law?"

• The bill is named in memory of Kyra Franchetti, a young girl who was tragically killed by her father during a court-ordered unsupervised visit. The existing laws and court practices failed to adequately protect her despite documented concerns about her safety.

3.  What Problem Does Kyra's Law Address?

• Current law may not sufficiently prioritize child safety: Advocates for Kyra's Law believe that existing laws and court practices sometimes fail to adequately consider and protect children from potential harm in custody and visitation cases, especially when there are allegations or findings of domestic violence or child abuse.

4.  Key Provisions of Kyra's Law (S.3170-A):

• Paramount Importance of Child Safety: Explicitly states that the safety of children is of paramount importance and an integral element of their best interests in custody and visitation decisions.

Domestic Violence Considerations:

• Requires courts to consider the effect of domestic violence on the best interests of the child if proven by a preponderance of evidence.

• Protects a parent who, acting in good faith and based on a reasonable belief supported by facts, alleges child abuse, neglect, or the effects of domestic violence, from being penalized in custody/visitation decisions for taking lawful actions to protect the child.

• If child abuse is supported by a preponderance of evidence, the court *must* consider this in determining visitation arrangements and *shall not* place a child in the custody of a parent who presents a substantial risk of harm.

Mandatory Review of Relevant History:

• Prior to issuing any temporary or permanent custody or visitation order, the court must review:

• Related decisions in Family Court Act Article 10 proceedings (child protective proceedings).

• Allegations of child abuse or domestic violence.

• History of domestic violence, child abuse or neglect, child sexual abuse, or incidents involving harm or risk of harm to a child.

• Police reports, including domestic violence incident reports.

• Specific findings and allegations of child abuse, domestic violence, heightened danger, and risk of lethality, including factors like:

  • Increased frequency/severity of domestic violence

  • Use/threats of weapons

  • Threats to harm/kill the child, other party, etc.

  • Sexual abuse

  • Unlawful dissemination of intimate images

  • Strangulation

  • Substance abuse

  •  Violence during pregnancy

  • Stalking/cyberstalking

  • Coercive control

  •  Reports from the statewide registry of protection orders and the sex offender registry.

Conditions on Custody/Visitation:

• If the court finds limitations or restrictions on a party's custody, visitation, or contact with the child are necessary due to the above reviews, it *must* set forth conditions in a temporary order that prioritize avoiding significant risk to the child's safety.

• Parties must be notified of their right to appeal such decisions.

5.  Impact and Significance:

Stronger Child Protection: Aims to create a legal framework that prioritizes child safety and prevents tragedies like the one that took Kyra Franchetti's life.

Addresses Loopholes: Seeks to close perceived loopholes in existing laws that may allow dangerous parents access to children.

Promotes Informed Decisions: Courts must thoroughly review relevant history and evidence before making custody and visitation decisions.

6. Talking Points for Advocacy Day:

• "I'm here today to support Kyra's Law because I believe every child deserves to be safe, especially during family court proceedings."

• "Kyra's Law will help prevent future tragedies by prioritizing child safety in custody and visitation cases."

• "This law ensures that judges have all the necessary information about a parent's history of violence or abuse before making decisions that affect a child's well-being."

• "Please support Kyra's Law to protect children and ensure that the family court system truly serves their best interests."

7.  Possible Questions to Ask Legislators:

• "What is your position on Kyra's Law, and what steps will you take to ensure its passage?"

•  "Do you believe that current laws adequately protect children in custody and visitation cases where there is a history of domestic violence or child abuse?"

• "Are you willing to co-sponsor Kyra's Law and advocate for its swift legislative consideration?"