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Bill

S 3867

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

2025 Regular Session Introduced by Brad Hoylman-Sigal and 1 co-sponsor

Bill S 3867 mandates custody orders to clearly state if law enforcement can remove children, enhancing clarity for parents and police in custody disputes.

REFERRED TO CHILDREN AND FAMILIES
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Bill Summary · S 3867

Summary of Bill S 3867

Bill Number: S 3867
Title: Relates to requiring orders of custody to state whether law enforcement is authorized to remove a child or children
Status: Referred to Children and Families
Introduced: January 30, 2025
Classification: Bill

Purpose and Intent

Bill S 3867 aims to enhance clarity and accountability in custody orders by mandating that such orders explicitly state whether law enforcement is authorized to remove a child or children from a specified location or individual. This legislation seeks to ensure that all parties involved in custody disputes, including parents, guardians, and law enforcement agencies, have a clear understanding of the authority granted in custody situations.

Key Provisions

  • Mandatory Language in Custody Orders: The bill requires that all custody orders include a specific statement regarding the authorization for law enforcement to remove children. This aims to prevent ambiguity and potential conflicts during custody enforcement.

  • Standardization of Custody Orders: By standardizing the language used in custody orders, the bill seeks to create uniformity across jurisdictions, which can help reduce confusion and misinterpretation by law enforcement and involved parties.

  • Impact on Law Enforcement: The bill would provide law enforcement with clear directives on their authority in custody situations, potentially reducing the risk of unlawful removals or misunderstandings regarding their role.

Who Would Be Affected

  • Parents and Guardians: Individuals involved in custody disputes will benefit from clearer guidelines regarding the authority of law enforcement in relation to their children.

  • Law Enforcement Agencies: Police and other law enforcement entities will have clearer instructions on their role in custody matters, which may improve their response and decision-making processes.

  • Judicial System: Courts will need to adapt to the new requirements for custody orders, ensuring that all orders issued comply with the new mandate.

Procedural and Timeline Aspects

  • Referral to Committee: The bill was referred to the Children and Families Committee on January 30, 2025, where it will be reviewed and discussed before any further legislative action is taken.

  • Related Bills: This bill is related to several prior-session bills (S 4955, S 564, S 3157) and has a companion bill (A 312) in the Assembly, indicating ongoing legislative interest in the topic of custody and law enforcement authority.

Conclusion

Bill S 3867 represents an important step towards improving the clarity and effectiveness of custody orders in relation to law enforcement's role. By requiring explicit statements regarding the authority to remove children, the bill aims to protect the rights of families while ensuring that law enforcement operates within clear legal boundaries. As the bill progresses through the legislative process, its implications for custody law and child welfare will be closely monitored.

Compiled from official sources — confirm details with the bill’s official record.

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