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Senate bill · S3867 (2025-26)

Relates to requiring orders of custody to state whether law enforcement is authorized to remove a child or children

Latest action Jan 30, 2025

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.

  1. Introduced
  2. In committee
  3. Up for a vote
  4. Passed one chamber
  5. Passed
  6. 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)

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

  1. 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

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