Assemblymember Karen McMahon (D-Amherst) announced that legislation she introduced to bolster court protections for children who are abused or neglected has been signed into law by Governor Kathy Hochul (Ch. 572). The measure extends the duration that family courts can issue orders of protection, allowing courts to help more children heal from the emotional, psychological and physical trauma caused by abuse and neglect.

“Child abuse is among the most reprehensible and inexcusable crimes, and we must take the strongest measures to ensure safety and justice for victims,” said Assemblymember McMahon. “Unfortunately, judges in child protective proceedings have been limited in their ability to impose orders of protection of sufficient duration to protect these vulnerable victims. With this legislation, we are able to close this hole in our safety net so no child falls through."

Under existing law, orders of protection issued against a non-parent caretaker have been limited to just one year and subject to only a one-year extension, even in the most appalling cases of emotional, physical or sexual abuse. McMahon’s legislation, sponsored in the New York State Senate by Senator Sean Ryan (D-Buffalo), solidifies an initial period of up to two years for these orders, along with establishing special circumstances under which a child may be protected for up to five years. This brings the duration of orders of protection in abuse and neglect cases in line with those in family offense proceedings.

“I thank my colleagues in the Assembly and Senate for recognizing the importance of this legislation, and the Governor for signing it into law,” McMahon said. “I also extend my sincere appreciation to law enforcement, court officials and advocacy groups for their support in helping to get this bill enacted.”

“Too often, Family Court judges have been forced to work with tools that were too limited to account for the severity of the cases before them,” said NYS Senator Sean Ryan. “This law gives the courts the flexibility they need to keep more kids safe and to support their recovery. I’m grateful to Assemblymember McMahon for her leadership on this issue and to Governor Hochul for recognizing how urgently this change was needed. With this reform in place, New York is taking a meaningful step toward ensuring that no child is left without lasting protection.”

“The New York State Court System is deeply grateful for the enactment of this vital legislation, which strengthens our ability to safeguard vulnerable children from harm by ensuring that every child receives the sustained protection they deserve following the conclusion of a child abuse or neglect proceeding,” said NYS Chief Administrative Judge Joseph A. Zayas. “We commend the Legislature and Governor for their commitment to child welfare and justice.”

“I have joined Family Court Judges from across the state in advocating in support of this important legislation for many years,” said Judge Lisa Bloch Rodwin, Erie County Family Court (ret.) “Thousands of abused and neglected children throughout New York will finally have the shield of an order of protection for up to five years to help them recover from the trauma they have suffered. I thank Assemblymember McMahon and Senator Ryan for sponsoring the bill and guiding its passage through the Legislature, and Governor Hochul for signing this legislation and protecting the children of New York State.

“I am grateful to Assemblymember McMahon for introducing this common sense legislation and Governor Hochul for signing the bill,” said Catharine Miles-Kania, CEO of the Family Justice Center of Erie County, Inc. “Extension of Orders of Protection is essential in child abuse and neglect cases because trauma does not resolve on a fixed schedule. Families need time for healing, support, and accountability. Keeping protective orders in place ensures that survivors, especially children, who are our most vulnerable citizens, are not forced back into unsafe situations before the underlying issues are fully resolved.”

“One year is a short time for children and families to adjust and to assure adequate protection for the children,” said Ann Marie Tucker, Former Director of the Child Advocacy Center of Niagara. “This legislation provides a valuable tool for Family Court judges to apply to protect abused children when such application is needed and appropriate … I greatly appreciate Governor Hochul’s commitment to New York’s children and her substantial history of efforts on their behalf.”

“This important legislation is a step forward in making proceedings child centered and trauma informed,” said Liberty Aldrich, Executive Director of The Children’s Law Center. “These children – who have suffered from abuse - deserve the time and space to heal without having to go back to court for potentially traumatizing litigation.”

“S8382/A8572 provides the family court with critical flexibility to fashion dispositional orders that meet the needs of each family and protect children who have been abused or neglected,” said Betsy Kramer, Public Policy Director at Lawyers for Children. “Permitting judges to enter an extended order of protection but also granting all parties the right to modify that order helps to ensure that orders of protection will be issued for as long as necessary and on such terms as necessary to keep children safe. We are grateful to the bill’s sponsors, the Legislature and Governor Hochul for enacting this law.”

Thank you Governor Hochul, for standing with and fighting for our most vulnerable children in New York State,” said Samuel E. Vaughn, Director of the Scott Bieler Child Advocacy Center at BestSelf Behavioral Health.