A 6570: Establishes a parent and education awareness program to raise parental awareness of the harmful effects of conflict on their children and expose parents to better ways to support their children during a family transition.

  
  STATE OF NEW YORK ________________________________________________________________________ 6570 2025-2026 Regular Sessions  IN ASSEMBLY March 6, 2025 ___________ Introduced by M. of A. ROSENTHAL -- read once and referred to the Committee on Judiciary AN ACT to amend the domestic relations law and the family court act, in relation to requiring that parents involved in contested divorce, separation, visitation, or other family actions in supreme or family courts attend a certified parent education and awareness program The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The domestic relations law is amended by adding a new 2 section 212 to read as follows: 3 § 212. Parent education and awareness program. 1. For the purposes of 4 this section, the following terms shall have the following meanings: 5 (a) "Court" shall mean a justice, judge, judicial hearing officer, 6 matrimonial referee, court attorney-referee, or support magistrate in 7 any New York court who handles issues of child custody and visitation 8 and child support. 9 (b) "Guidelines" shall mean the guidelines and procedures for certif- 10 ication of parent education and awareness programs, which shall contain 11 the minimum standards for parent education and awareness programs to be 12 certified and approved by the office of court administration to accept 13 participants referred to such programs by New York courts pursuant to 14 this section. 15 (c) "Parent education and awareness program" shall mean a New York 16 state parent education and awareness program certified by the office of 17 court administration. 18 (d) "Program administrator" shall mean an individual employed by the 19 court system to oversee the operation and administration of the parent 20 education and awareness program and interface with parent education and 21 awareness program providers. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10003-01-5 
 A. 6570 2 1 (e) "Provider" shall mean the entity responsible for applying for 2 certification of and facilitating a parent education and awareness 3 program. 4 2. (a) There is hereby established a mandatory education program to be 5 known as the "parent education and awareness program". 6 (b) Such program shall be designed to provide information, strategies, 7 and tools to divorced, divorcing, or separated parents and parents 8 contesting custody or visitation of their children on ways to reduce 9 conflict and assist their children through the family changes caused by 10 parental breakup. Topics shall be included but not be limited to 11 increasing parents' understanding of: 12 (i) the interaction between parent and child, the family relationship, 13 and any other areas of adjustment and concern during the process of 14 divorce or separation; 15 (ii) how children react to divorce or separation, how to spot prob- 16 lems, what to tell children about divorce or separation, how to keep 17 communication open, and how to answer questions and concerns the chil- 18 dren may have about the divorce or separation process; 19 (iii) how parents can help their children during the divorce or sepa- 20 ration, specific strategies, ideas, tools, and resources for assistance; 21 (iv) how parents can help children after the divorce or separation and 22 how to deal with new family structures and different sets of household 23 rules; and 24 (v) when cooperation may sometimes be inappropriate in cases of domes- 25 tic violence. 26 3. (a) The provisions of this section shall apply to all contested 27 actions involving custody or visitation in either the supreme or family 28 courts: 29 (i) that affects the interests of children under eighteen years of 30 age; and 31 (ii) that is brought: 32 (A) to annul a marriage or declare the nullity of a void marriage; 33 (B) for separation; 34 (C) for divorce; 35 (D) to obtain custody of or visitation with minor children; 36 (E) to obtain a modification of a prior order of custody or visitation 37 with minor children; or 38 (F) where, in the exercise of the court's discretion, a determination 39 is made that attendance by the parents at a parent education and aware- 40 ness program would provide information that would be of benefit to such 41 parents and their children. 42 (b) The court shall order both parents to attend a certified parent 43 education and awareness program unless the court finds significant 44 evidence that attendance at the program would not benefit the parents or 45 their children, provided, however, that the parents shall not attend the 46 same class session. Such court order shall be made as early in the 47 proceeding as practicable. 48 (c) (i) In determining whether the parent's attendance at a parent 49 education and awareness program would benefit either the parents or 50 their children, a court shall consider all relevant factors bearing upon 51 the parties to the underlying action or proceeding and their children, 52 including but not limited to: 53 (A) any history, specific allegations, or pleadings of domestic 54 violence or other abuse; 55 (B) medical or financial hardship; 56 (C) language barriers; and 
 A. 6570 3 1 (D) whether a parent has previously attended a parent education and 2 awareness program. 3 (ii) A court's determination that the parent's attendance at a parent 4 education and awareness program would not benefit either the parents or 5 their children and the explanation therefor shall be included in a court 6 order waiving the parents' attendance at such program. 7 (d) If a parent is ordered to attend a parent education and awareness 8 program pursuant to this section and fails to attend without good cause, 9 the court in which the matter is pending may draw an adverse inference 10 against the non-compliant parent and factor that inference into any 11 determination made by such court, including but not limited to imposing 12 cost sanctions, an award of attorneys' fees, or such other sanctions as 13 the court deems appropriate. 14 (e) Where there is any history or there are specific allegations or 15 pleadings of domestic violence or other abuse involving the parents or 16 their children, the court shall not mandate attendance at the parent 17 education and awareness program, provided, however, that the court shall 18 permit either party to attend such program remotely. 19 (f) An order to attend a parent education and awareness program shall 20 not delay the expeditious progress of the underlying proceeding. 21 4. (a) Each provider that wishes to accept court-referred participants 22 into a parent education and awareness program shall be certified by the 23 office of court administration. In order to receive such certification, 24 potential providers shall submit a certification application and any 25 requested materials to the office of court administration and shall 26 demonstrate that such provider is in compliance with guidelines estab- 27 lished by the office of court administration prior to being eligible to 28 receive court-referred participants. 29 (b) A provider of a parent education and awareness program shall 30 advise the office of court administration of changes to such program or 31 the administration of such program, including changes in staff, contact 32 information, presenters and facilitators, locations, and class sched- 33 ules. 34 (c) The office of court administration shall promulgate guidelines 35 within one hundred eighty days of the effective date of this section. 36 5. Parent education and awareness programs certified by the office of 37 court administration under this law may require attendees to pay a fee. 38 Such fee: 39 (a) shall be reasonably related to the cost of providing the services; 40 (b) cannot exceed the maximum authorized fee as set forth in the 41 guidelines; and 42 (c) must be subject to waiver or reduction if requiring a person to 43 pay the full fee would work a hardship on such person or such person's 44 immediate family. 45 6. (a) Any communication made by a parent as part of such parent's 46 participation in a parent education and awareness program shall be a 47 confidential communication and shall not be available for evidentiary 48 use in any action or proceeding. 49 (b) The court shall obtain information regarding compliance with court 50 orders mandating parent attendance in a parent education only from a 51 provider pursuant to the guidelines established by the office of court 52 administration pursuant to this section. 53 (c) Any provider, such provider's employees, a program administrator, 54 or such provider's, employee's or administrator's designee who is 55 provided information by a parent, either in writing or orally, shall not 56 divulge such information to the attorneys representing the parties, 
 A. 6570 4 1 children, or other party, or the court or such court's chambers or 2 administrative staff, except to confirm or verify a parent's attendance 3 at the parent education and awareness program. 4 § 2. Article 6 of the family court act is amended by adding a new part 5 4-A to read as follows: 6 PART 4-A 7 PARENT EDUCATION AND AWARENESS PROGRAM 8 Section 665. Purposes. 9 666. Definitions. 10 667. Application of program. 11 668. Provider certification. 12 669. Fees. 13 670. Confidentiality. 14 § 665. Purposes. 1. There is hereby established a mandatory education 15 program to be known as the "parent education and awareness program". 16 Such program shall be designed to provide information, strategies, and 17 tools to divorced, divorcing, or separated parents and parents contest- 18 ing custody or visitation of their children on ways to reduce conflict 19 and assist their children through the family changes caused by parental 20 breakup. 21 2. Topics shall be included but not be limited to increasing parents' 22 understanding of: 23 (a) the interaction between parent and child, the family relationship, 24 and any other areas of adjustment and concern during the process of 25 divorce or separation; 26 (b) how children react to divorce or separation, how to spot problems, 27 what to tell children about divorce or separation, how to keep communi- 28 cation open, and how to answer questions and concerns the children may 29 have about the divorce or separation process; 30 (c) how parents can help their children during the divorce or sepa- 31 ration, specific strategies, ideas, tools, and resources for assistance; 32 (d) how parents can help children after the divorce or separation and 33 how to deal with new family structures and different sets of household 34 rules; and 35 (e) when cooperation may sometimes be inappropriate in cases of domes- 36 tic violence. 37 § 666. Definitions. For the purposes of this section, the following 38 terms shall have the following meanings: 39 1. "Court" shall mean a justice, judge, judicial hearing officer, 40 matrimonial referee, court attorney-referee, or support magistrate in 41 any New York court who handles issues of child custody and visitation 42 and child support. 43 2. "Guidelines" shall mean the guidelines and procedures for certif- 44 ication of parent education and awareness programs, which shall contain 45 the minimum standards for parent education and awareness programs to be 46 certified and approved by the office of court administration to accept 47 participants referred to such programs by New York courts pursuant to 48 this section. 49 3. "Parent education and awareness program" shall mean a New York 50 state parent education and awareness program certified by the office of 51 court administration. 52 4. "Program administrator" shall mean an individual employed by the 53 court system to oversee the operation and administration of the parent 54 education and awareness program and interface with parent education and 55 awareness program providers. 
 A. 6570 5 1 5. "Provider" shall mean the entity responsible for applying for 2 certification of and facilitating a parent education and awareness 3 program. 4 § 667. Application of program. 1. The provisions of this section shall 5 apply to all contested actions involving custody or visitation in either 6 the supreme or family courts: 7 (a) that affects the interests of children under eighteen years of 8 age; and 9 (b) that is brought: 10 (i) to annul a marriage or declare the nullity of a void marriage; 11 (ii) for separation; 12 (iii) for divorce; 13 (iv) to obtain custody of or visitation with minor children; 14 (v) to obtain a modification of a prior order of custody or visitation 15 with minor children; or 16 (vi) where, in the exercise of the court's discretion, a determination 17 is made that attendance by the parents at a parent education and aware- 18 ness program would provide information that would be of benefit to such 19 parents and their children. 20 2. The court shall order both parents to attend a certified parent 21 education and awareness program unless the court finds significant 22 evidence that attendance at the program would not benefit the parents or 23 their children, provided, however, that the parents shall not attend the 24 same class session. Such court order shall be made as early in the 25 proceeding as practicable. 26 3. (a) In determining whether the parent's attendance at a parent 27 education and awareness program would benefit either the parents or 28 their children, a court shall consider all relevant factors bearing upon 29 the parties to the underlying action or proceeding and their children, 30 including but not limited to: 31 (i) any history, specific allegations, or pleadings of domestic 32 violence or other abuse; 33 (ii) medical or financial hardship; 34 (iii) language barriers; and 35 (iv) whether a parent has previously attended a parent education and 36 awareness program. 37 (b) A court's determination that the parent's attendance at a parent 38 education and awareness program would not benefit either the parents or 39 their children and the explanation therefor shall be included in a court 40 order waiving the parents' attendance at such program. 41 4. If a parent is ordered to attend a parent education and awareness 42 program pursuant to this section and fails to attend without good cause, 43 the court in which the matter is pending may draw an adverse inference 44 against the non-compliant parent and factor that inference into any 45 determination made by such court, including but not limited to imposing 46 cost sanctions, an award of attorneys' fees, or such other sanctions as 47 the court deems appropriate. 48 5. Where there is any history or there are specific allegations or 49 pleadings of domestic violence or other abuse involving the parents or 50 their children, the court shall not mandate attendance at the parent 51 education and awareness program, provided, however, that the court shall 52 permit either party to attend such program remotely. 53 6. An order to attend a parent education and awareness program shall 54 not delay the expeditious progress of the underlying proceeding. 55 § 668. Provider certification. 1. Each provider that wishes to accept 56 court-referred participants into a parent education and awareness 
 A. 6570 6 1 program shall be certified by the office of court administration. In 2 order to receive such certification, potential providers shall submit a 3 certification application and any requested materials to the office of 4 court administration and shall demonstrate that such provider is in 5 compliance with guidelines established by the office of court adminis- 6 tration prior to being eligible to receive court-referred participants. 7 2. A provider of a parent education and awareness program shall advise 8 the office of court administration of changes to such program or the 9 administration of such program, including changes in staff, contact 10 information, presenters and facilitators, locations, and class sched- 11 ules. 12 3. The office of court administration shall promulgate guidelines 13 within one hundred eighty days of the effective date of this section. 14 § 669. Fees. Parent education and awareness programs certified by the 15 office of court administration under this law may require attendees to 16 pay a fee. Such fee: 17 1. shall be reasonably related to the cost of providing the services; 18 2. cannot exceed the maximum authorized fee as set forth in the guide- 19 lines; and 20 3. must be subject to waiver or reduction if requiring a person to pay 21 the full fee would work a hardship on such person or such person's imme- 22 diate family. 23 § 670. Confidentiality. 1. Any communication made by a parent as part 24 of such parent's participation in a parent education and awareness 25 program shall be a confidential communication and shall not be available 26 for evidentiary use in any action or proceeding. 27 2. The court shall obtain information regarding compliance with court 28 orders mandating parent attendance in a parent education only from a 29 provider pursuant to the guidelines established by the office of court 30 administration pursuant to this section. 31 3. Any provider, such provider's employees, a program administrator, 32 or such provider's, employee's or administrator's designee who is 33 provided information by a parent, either in writing or orally, shall not 34 divulge such information to the attorneys representing the parties, 35 children, or other party, or the court or such court's chambers or 36 administrative staff, except to confirm or verify a parent's attendance 37 at the parent education and awareness program. 38 § 3. This act shall take effect on the one hundred eightieth day after 39 it shall have become a law.