NCJ Number
81740
Date Published
1981
Length
232 pages
Annotation
This second annual report (1980) of the New York State Temporary Commission to Recodify the Family Court Act explains the purposes of the Act, proposes revisions in the article pertaining to spouse abuse, reports on public hearings, and identifies issues to be considered in the article on child abuse and neglect.
Abstract
In addition to considering the original purposes of the 1962 Family Court Act, subsequent case decisions and legislative trends are discussed for each article. Particular attention is given to Article 8, which provides remedies in family assault cases. The history of the legal response to wife beating is briefly considered, and the current application of Article 8 to spouse assault cases is portrayed. The Commission recommends that the goals of Article 8 be redirected toward the protection of individual rights and granting meaningful relief rather than simply keeping the parties out of the criminal justice system, believing this crucial in preserving the marriage. Possible alternatives recommended for consideration include broadening jurisdictional options for victims, expanding access and availability of relief and services in Family Court, providing effective legal counseling and representation, and formalizing practices and procedures. Findings from two public hearings on Article 8 are presented, and a questionnaire sent to Family Court judges following the hearings is provided. The history of the legal response to child abuse and neglect is briefly presented, followed by a description of how New York State's child protective system works, as well as the roles of the Family Court in child protection. Issues the Commission will consider in examining the Act's approach to child abuse and neglect are identified. Appended are statistics on the child protective services system and child protective proceedings in Family Court. Extensive footnotes are provided for each major section, and about 50 listings are included in a bibliography on spouse abuse.