Senate bill · S3867 (2025-26)
Relates to requiring orders of custody to state whether law enforcement is authorized to remove a child or children
Summary
Requires orders of custody to state whether law enforcement is authorized to remove a child or children in order to comply with and enforce such orders.
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Where it stands
Assigned to a committee for review.
- Introduced
- In committee
- Up for a vote
- Passed one chamber
- Passed
- Enacted
New York State Senate
Same as A312, the matching bill in the Assembly.
Committee
Children and Families · New York State Assembly
Also referred to Children And Families · New York State Senate.
Purpose, from the sponsor's memo
To require that Family Court judges specify whether law enforcement can forcibly take a child when there is an order that changes custody, either permanent or temporary.
Filed with the bill. Read it on nysenate.gov (opens in a new tab)
Cosponsors
The sponsor's argument
Why the sponsor says this is needed
Recently, a horrific tragedy occurred in Westchester County when a two year old child was killed, allegedly murdered by her mother. The night before the toddler's death, police officers had arrived at the mother's residence with an order changing custody of the child from the mother to the father, but the order was written. in such a way that the police did not believe that they could forcibly remove the child from the home. When the mother refused to give the child to police, child services were called, and other law enforcement agencies. By the next morning, the child was dead. This bill seeks to avoid this terrible tragedy from being repeated by inserting language into the existing law-that requires family court judges to specify how police should act in carrying out any orders and judgments changing custody, whether temporary or permanent. Any order that changes custody, either temporary or permanent, must clarify wheth- er law enforcement-is authorized to take the child. The purpose is to provide clarity to law enforcement in these difficult situations, so that both the police and the litigants know what the police may or may not do.
This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.
Full history
- Jan 30, 2025
Referred to committee
REFERRED TO CHILDREN AND FAMILIES
NY Senate
About this record
- Summary
The summary comes from NY Open Legislation, the New York State Senate's public record. For more, see How we handle summaries.
- Cosponsors
The list shows the cosponsors who are on Agora, A to Z. The official record may list more.
- Party colors
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- Source
From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Nov 1, 2026. About our data
Read the record
- Read on NY Senate (opens in a new tab) The official record on nysenate.gov.