STATE OF NEW YORK ________________________________________________________________________ 5398--A 2021-2022 Regular Sessions IN ASSEMBLY February 16, 2021 ___________ Introduced by M. of A. HEVESI, SILLITTI, BARNWELL, DICKENS, FAHY, CLARK, HUNTER, GALEF, LAVINE, SEAWRIGHT, SIMON, JACKSON, J. RIVERA, McDO- NOUGH, MORINELLO, THIELE, BURDICK, K. BROWN, STIRPE, QUART, GONZALEZ- ROJAS, DURSO, OTIS, LAWLER, BRABENEC, MANKTELOW, ANGELINO, COOK, GRIF- FIN, GUNTHER, STERN, FRONTUS, McDONALD, JEAN-PIERRE, DeSTEFANO, BLANKENBUSH, FERNANDEZ, RA, FITZPATRICK, PHEFFER AMATO, ANDERSON, MIKULIN, L. ROSENTHAL, LALOR, LUPARDO, SIMPSON, EPSTEIN, KELLES, SMITH, JENSEN, BURGOS, JONES, STECK, ZINERMAN, CRUZ, AUBRY, GOTTFRIED, CUNNINGHAM, ABINANTI, HAWLEY -- read once and referred to the Commit- tee on Judiciary -- recommitted to the Committee on Judiciary in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the domestic relations law and the family court act, in relation to establishing "Kyra's Law" The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known as and may be cited as 2 "Kyra's Law". 3 § 2. Subparagraph 5 of paragraph (a-1) of subdivision 1 of section 240 4 of the domestic relations law, as amended by chapter 295 of the laws of 5 2009, is amended to read as follows: 6 (5) Temporary emergency order. (i) Notwithstanding any other 7 provision of the law, upon the application of a party to an action 8 concerning custody of or a right to visitation with a child who alleges 9 that the other party to the proceeding has committed, has threatened to 10 commit, or is likely to commit an act of child abuse against such child, 11 or has committed, has threatened to commit, or is likely to commit an 12 act of domestic violence against the party making the allegation or a 13 family or household member of either party, as such family or household 14 member is defined in article eight of the family court act, the court EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09163-02-2A. 5398--A 2 1 shall hold a hearing to determine whether temporary limitations or 2 conditions on the custody or visitation rights of the party who is 3 alleged to have committed an act of child abuse against the child, or 4 committed an act of domestic violence against the party making the alle- 5 gation or a family or household member of either party is necessary to 6 avoid significant risk to the child's life or safety. The court shall 7 conduct an assessment of the best interests of the child to identify 8 significant risk to the child's life and safety, using a risk assessment 9 tool developed pursuant to clause (ii) of this subparagraph to evaluate 10 factors which shall include, but shall not be limited to: 11 (A) allegations of domestic violence, child abuse, child sexual abuse 12 or incidents involving harm, or risk of harm, to a child; 13 (B) prior police reports or domestic violence incident reports docu- 14 menting prior incidents involving child abuse or domestic violence, or 15 whether either party has been charged with an act which would constitute 16 disorderly conduct, unlawful dissemination or publication of an intimate 17 image, harassment in the first degree, harassment in the second degree, 18 aggravated harassment in the second degree, sexual misconduct, forcible 19 touching, sexual abuse in the third degree, sexual abuse in the second 20 degree as set forth in subdivision one of section 130.60 of the penal 21 law, stalking in the first degree, stalking in the second degree, stalk- 22 ing in the third degree, stalking in the fourth degree, criminal 23 mischief, menacing in the second degree, menacing in the third degree, 24 reckless endangerment, criminal obstruction of breathing or blood circu- 25 lation, strangulation in the second degree, strangulation in the first 26 degree, assault in the second degree, assault in the third degree, an 27 attempted assault, identity theft in the first degree, identity theft in 28 the second degree, identity theft in the third degree, grand larceny in 29 the fourth degree, grand larceny in the third degree, coercion in the 30 second degree or coercion in the third degree as set forth in subdivi- 31 sions one, two and three of section 135.60 of the penal law between 32 spouses or former spouses, or between party and child or between members 33 of the same family or household, regardless of the disposition; 34 (C) whether either party owns, possesses or has access to a firearm, 35 rifle or shotgun; 36 (D) decisions and reports on registries as required pursuant to 37 subparagraph three of this paragraph; 38 (E) confinement of a party or child by the other party; 39 (F) threats to harm or kill self or others, or threats to harm or kill 40 emotional support or comfort animals owned or possessed by self or 41 others, made by one party to the other party or child; and 42 (G) one party's concern about future assaults from the other party. 43 Except for good cause shown, the hearing for such determination shall 44 commence within fourteen court days of the application for such hearing 45 and shall not be adjourned. Parties shall be noticed of their right to 46 the assistance of counsel at the initiation of such hearing. When the 47 parties first appear in court, the judge shall advise them before 48 proceeding of the right to be represented by counsel of his or her own 49 choosing, of the right to have an adjournment to confer with counsel, 50 and the right to obtain counsel fees and expenses, pursuant to section 51 two hundred thirty-seven of this article. During such hearing, compe- 52 tent, material and relevant evidence may be admitted, in addition to 53 evidence that may include or consist of hearsay and documents or photo- 54 graphs for which a proper foundation cannot be laid. If a party waives 55 his or her right to a hearing under this section, the court shall advise 56 such party at that time that, notwithstanding such waiver, an applica-A. 5398--A 3 1 tion under this section may be made at any time during the pendency of 2 the proceedings. 3 (ii) The office for the prevention of domestic violence, in coordi- 4 nation with the office of court administration and in consultation with 5 the New York state coalition against domestic violence, the New York 6 state coalition against sexual assault, prevent child abuse New York, 7 victims of domestic violence, sexual assault, child abuse or child sexu- 8 al abuse, civil attorneys representing such victims in custody and visi- 9 tation proceedings, and researchers and academics with expertise in 10 developing risk assessment tools shall develop a risk assessment tool 11 for use by the court when assessing significant risk to child's life or 12 safety for the purposes of issuing a temporary emergency order. These 13 entities will review and, when appropriate, update the risk assessment 14 tool at least once every two years. 15 (iii) If the court determines that limitations or restrictions of a 16 party's custody, visitation or contact with the child are necessary to 17 avoid significant risk to the child's life or safety, the court shall 18 issue a temporary emergency order for custody or visitation stating as 19 such. Such order shall set forth conditions of custody or visitation 20 which may be revised by the court upon application by either party only 21 for good cause shown. Any order of the court under this section shall 22 terminate when the court makes a final order of custody or of visitation 23 concerning the child or children, unless the supreme court continues the 24 order to family court. 25 (iv) There shall be a rebuttable presumption that the court shall not 26 award, in a temporary emergency order for custody or visitation, sole or 27 joint custody or unsupervised visitation to a party who jeopardizes or 28 may jeopardize the life or safety of the child. 29 (v) The court shall state on the record, and in writing, its findings, 30 the factors considered in rendering its decision and the reasons for the 31 limitations or restrictions placed on a party's custody, visitation or 32 contact with such child. 33 (vi) All costs, including attorney and expert fees incurred by the 34 non-offending party and the child, to prepare for and participate in 35 such hearing shall be paid by the party who is found to have committed 36 child abuse or domestic violence, unless the offending party has insuf- 37 ficient means to fund such expenses. 38 (vii) If a party makes a good faith allegation based on a reasonable 39 belief supported by facts that a child is the victim of child abuse, 40 child neglect, or has been exposed to domestic violence, and if that 41 party acts lawfully and in good faith in response to that reasonable 42 belief to protect the child, seek treatment for the child or to protect 43 self, then that party shall not be deprived of custody, visitation or 44 contact with the child, or restricted in custody, visitation or contact, 45 based solely on that belief or the reasonable actions taken based on 46 that belief. 47 (viii) If the court does not make a finding that limitations or 48 restrictions on a party's custody or visitation with such child are 49 necessary to avoid significant risk to the child's life or safety, the 50 court shall hold an additional hearing whenever a party alleges that a 51 temporary order may be necessary to promote and protect the best inter- 52 est of the child pending entry of a final order. 53 (ix) With the exception of hearsay or other non-competent evidence, 54 the court may not refuse to consider, at further proceedings, evidence 55 presented during a hearing for a temporary emergency order or additional 56 evidence of domestic violence or child abuse presented in furtherA. 5398--A 4 1 proceedings. The presentation of any facts or evidence at a hearing for 2 a temporary emergency order shall not preclude the presentation of any 3 facts or evidence. 4 (x) Nothing contained in this subparagraph shall be deemed in any way 5 to limit, restrict, expand or impair the rights of any party to file for 6 a modification of a temporary emergency order as is otherwise provided 7 by law. 8 (xi) Any party to a proceeding for a temporary emergency order pursu- 9 ant to this section shall have a right to appeal to the appropriate 10 appellate division. An appeal under this subdivision must be taken no 11 later than five days after the service by a party or the child's attor- 12 ney upon the appellant of any order from which the appeal is taken or 13 five days from receipt of the order by the appellant in court, whichever 14 is earliest. 15 (xii) Notwithstanding any other provision of the law, upon emergency 16 situations, including computer malfunctions, to serve the best interest 17 of the child, the court may issue a temporary emergency order for custo- 18 dy or visitation in the event that it is not possible to timely review 19 decisions and reports on registries as required pursuant to subparagraph 20 three of this paragraph. 21 § 3. The domestic relations law is amended by adding a new section 22 240-e to read as follows: 23 § 240-e. Custody and visitation; life and safety of the child. 1. For 24 the purposes of this section, the following terms shall have the follow- 25 ing meanings: 26 (a) "Parental alienation" means claims that a child has become 27 estranged from a parent or legal guardian as a result of psychological 28 manipulation by the other parent or legal guardian. 29 (b) "Victim of domestic violence" shall have the same meaning as 30 defined in section four hundred fifty-nine-a of the social services law. 31 (c) "Friendly parent" means the propensity of a parent or legal guard- 32 ian to actively support a child's contact and relationship with the 33 other parent or legal guardian, or the ability of such parent or legal 34 guardian to cooperate in, and resolve disputes, regarding matters 35 affecting such child. 36 2. Notwithstanding any other provision of law to the contrary, a court 37 making a final determination of custody or visitation based on the best 38 interests of a child pursuant to the provisions of this chapter shall 39 prioritize and promote the life and safety of such child when making 40 such determinations. Promoting the life and safety of a child shall 41 include preventing direct physical and/or emotional harm to such child. 42 3. Prior to the issuance of a final order of custody or visitation, 43 during its assessment of the best interests of the child, the court 44 shall determine the life and safety of the child who is the subject of 45 such order by considering all relevant factors and by giving weighted 46 consideration to those factors which affect the life and safety of such 47 child, which shall include, but not be limited to: 48 (a) whether either party is more likely to ensure the life and safety 49 of the child and whether either party jeopardizes the life or safety of 50 the child. There shall be a rebuttable presumption that custody or visi- 51 tation shall not be awarded to a party who jeopardizes the life or safe- 52 ty of the child; 53 (b) the impact of disrupting continuity in the child's home, environ- 54 ment and established parenting contacts; 55 (c) any allegations of domestic violence, child abuse or child sexual 56 abuse, or incidents involving harm, or risk of harm, to a child;A. 5398--A 5 1 (d) prior police reports or domestic violence incident reports docu- 2 menting incidents involving child abuse or domestic violence, or whether 3 either party has been charged with an act which would constitute disor- 4 derly conduct, unlawful dissemination or publication of an intimate 5 image, harassment in the first degree, harassment in the second degree, 6 aggravated harassment in the second degree, sexual misconduct, forcible 7 touching, sexual abuse in the third degree, sexual abuse in the second 8 degree as set forth in subdivision one of section 130.60 of the penal 9 law, stalking in the first degree, stalking in the second degree, stalk- 10 ing in the third degree, stalking in the fourth degree, criminal 11 mischief, menacing in the second degree, menacing in the third degree, 12 reckless endangerment, criminal obstruction of breathing or blood circu- 13 lation, strangulation in the second degree, strangulation in the first 14 degree, assault in the second degree, assault in the third degree, an 15 attempted assault, identity theft in the first degree, identity theft in 16 the second degree, identity theft in the third degree, grand larceny in 17 the fourth degree, grand larceny in the third degree, coercion in the 18 second degree or coercion in the third degree as set forth in subdivi- 19 sions one, two and three of section 135.60 of the penal law between 20 spouses or former spouses, or between parent and child or between 21 members of the same family or household, regardless of the disposition; 22 (e) whether either party owns, possesses or has access to a firearm, 23 rifle or shotgun; 24 (f) whether either party is better able and more likely to attend to 25 the daily physical, emotional, developmental, educational and special 26 needs of the child; and 27 (g) any previously made statements by the child about a party indicat- 28 ing they are fearful of or resistant to having contact or visitation 29 with such party. 30 4. (a) The court shall not presume that a child's deficient or nega- 31 tive relationship with a party was caused by the other party, nor shall 32 a party be given custody for the purpose of improving a deficient 33 relationship between the child and such party or in an attempt to reme- 34 diate a child's resistance to contact or visitation with a party. 35 (b) Allegations regarding parental alienation shall not be admissible 36 in any proceeding for custody or visitation and shall not be considered 37 in assessing a child's best interests. 38 (c) No psychological or medical theories or labels related to a 39 child's resistance to contact with a party shall be admitted into 40 evidence unless they are based on empirical proof of scientific reli- 41 ability and validity and generally accepted by the scientific and 42 professional community. 43 (d) No reunification treatment or any similar program designed to 44 repair a party's relationship with a child due to parental alienation 45 shall be ordered by the court without scientifically valid and generally 46 accepted proof of the effectiveness and therapeutic value of such treat- 47 ment or program; nor shall a treatment or program be ordered which is 48 predicated on separating a child from their primary caregiver. 49 (e) In cases involving domestic violence or child abuse, whether such 50 abuse has occurred or is occurring, a court shall not consider whether 51 either parent is a friendly parent. 52 5. In cases where the court has found a parent to be a victim of 53 domestic violence and/or where child abuse has occurred or is occurring: 54 (a) the court shall award joint legal custody only on consent of the 55 parties or where it has been determined that the parties can effectively 56 communicate, cooperate with each other, and make joint decisionsA. 5398--A 6 1 concerning the child; provided, however, that where final orders are on 2 the consent of the parties, in no event shall an order of joint legal 3 custody be awarded when there is an existing or prior full stay away 4 order of protection against a party on behalf of another party to the 5 proceeding or when there is an existing temporary order of protection 6 entered ex parte; and 7 (b) all costs, including attorney and expert fees, incurred by the 8 non-offending parent and the child, shall be paid by the parent who is 9 found to have committed child abuse or domestic violence, unless the 10 offending parent has insufficient means to pay such costs. 11 6. (a) Before judges, referees, or other hearing officers preside over 12 child custody proceedings in which one or more parties have alleged 13 domestic violence or child abuse, they shall complete at least twenty 14 hours of initial training for the handling of such cases. The office for 15 prevention of domestic violence shall, within amounts appropriated for 16 such purpose, contract exclusively with the New York state coalition 17 against domestic violence, and other nonprofit entities with whom it 18 subcontracts with expertise in child abuse or gender-based violence, to 19 develop such training. Such entity, or entities in partnership, shall 20 review and update the training at least once every two years. In 21 consultation with the office of court administration, such entities, or 22 entities in partnership, shall be responsible for providing such train- 23 ing to judges, referees, and other hearing officers handling child 24 custody proceedings. Such training shall include, but not be limited 25 to: 26 (1) a review of relevant statutes and case law pertaining to domestic 27 violence and child abuse; 28 (2) the dynamics and effects of domestic violence and child abuse, 29 including but not limited to, emotional, financial, physical, technolog- 30 ical and sexual abuse, and an understanding of the barriers and fears 31 associated with reporting domestic violence and child abuse and why 32 victims may not have documented evidence of abuse; 33 (3) tactics commonly used by one party to induce fear in, or dominate 34 or control a partner or child, including verbal, emotional, psycholog- 35 ical, and/or economic abuse; isolation; efforts to build trust and an 36 emotional connection with a child to support future manipulation; 37 exploitation; abuse; threats; controlling and harassing behaviors, 38 including monitoring of a partner's location and activities; use of 39 oppressive behavior designed to deprive a partner of their rights and 40 liberties and establishing a regime of domination in the partner's 41 personal life; litigation abuse; and demands for custody in order to 42 pressure the partner to return or punish the partner for leaving; 43 (4) knowledge of trauma, particularly as it relates to sexual abuse 44 and the risks posed to children and the long-term dangers and impacts 45 posed by the presence of adverse childhood experiences; 46 (5) the increased risk of escalating violence that occurs during child 47 custody proceedings and methods for assessing a child's safety during 48 custody and visitation proceedings, particularly in cases involving 49 domestic violence or child abuse; 50 (6) the assessment of legality or signs of lethal violence, and 51 instruction on the use of a risk assessment tool to assess risk to a 52 child's life or safety for the purpose of issuing a temporary emergency 53 order; 54 (7) education regarding the harm courts may cause children in child 55 custody cases where domestic violence or child abuse is present by rely- 56 ing on non-scientific theories such as parental alienation, parentalA. 5398--A 7 1 alienation syndrome, the friendly parent concept, or any other theory or 2 label that is not supported by scientific research and not generally 3 accepted by the scientific community; 4 (8) the investigation process once a law enforcement agency or a local 5 department of social services has received a report of suspected child 6 abuse, including the limitations of investigating reports of suspected 7 child abuse; and 8 (9) appropriate experience and qualifications of child custody evalu- 9 ators and mental health treatment providers. 10 (b) Once initial training requirements have been met, judges, refer- 11 ees, and other hearing officers presiding over child custody proceedings 12 in which one or more parties have alleged domestic violence or child 13 sexual abuse shall complete at least ten hours of training every two 14 years in order to remain eligible to handle such proceedings. 15 § 4. Subdivision (a) of section 70 of the domestic relations law, as 16 amended by chapter 457 of the laws of 1988, is amended to read as 17 follows: 18 (a) (i) Where a minor child is residing within this state, either 19 parent may apply to the supreme court for a writ of habeas corpus to 20 have such minor child brought before such court; and on the return ther- 21 eof, the court, on due consideration, may award the natural guardian- 22 ship, charge and custody of such child to either parent for such time, 23 under such regulations and restrictions, and with such provisions and 24 directions, as the case may require, and may at any time thereafter 25 vacate or modify such order. In all cases there shall be no prima facie 26 right to the custody of the child in either parent, but the court shall 27 determine solely what is for the best interest of the child, and what 28 will best promote its welfare and happiness, and make award accordingly. 29 Where either party to an action concerning custody of or a right to 30 visitation with a child alleges that the other party has committed an 31 act of child abuse against such child, or committed an act of domestic 32 violence against the party making the allegation or a family or house- 33 hold member of either party, as such family or household is defined in 34 article eight of the family court act, the court must first, before 35 considering any other best interest factors, hold a hearing to determine 36 whether temporary limitations or conditions on the custody or visitation 37 rights of the party who is alleged to have committed an act of child 38 abuse against the child, or committed an act of domestic violence 39 against the party making the allegation or a family or household member 40 of either party is necessary to avoid significant risk to the child's 41 life or safety, as described pursuant to subdivision five of section two 42 hundred forty of this chapter. 43 (ii) Notwithstanding any other provision of law to the contrary, a 44 court making a determination that limitations or restrictions of a 45 party's custody, visitation or contact with the child are necessary to 46 avoid significant risk to the child's life or safety shall issue a 47 temporary emergency order for custody or visitation stating as such. 48 (iii) Notwithstanding any other provision of law to the contrary, 49 prior to the issuance of a temporary emergency order of custody or visi- 50 tation, the court shall conduct an assessment of the best interests of 51 the child to identify significant risk to the life or safety of the 52 child who is the subject of such order by considering the factors 53 described in section two hundred forty of this chapter. 54 (iv) Notwithstanding any other provision of law to the contrary, a 55 court making a final determination of custody or visitation based on the 56 best interests of a child pursuant to the provisions of this chapterA. 5398--A 8 1 shall prioritize and promote the life and safety of such child when 2 making such determinations. Promoting the safety of a child shall 3 include preventing direct physical and/or emotional harm to such child. 4 Prior to the issuance of a final order of custody or visitation, during 5 its assessment of the best interests of the child, the court shall 6 determine the safety of the child who is the subject of such order by 7 considering all relevant factors and by giving weighted consideration to 8 those factors which affect the life and safety of such child, pursuant 9 to subdivision three of section two hundred forty-d of this chapter. 10 (v) In making a decision pursuant to paragraph (i) of this subdivi- 11 sion, the court shall be bound by the presumptions and admissibility 12 described pursuant to section two hundred forty-d of this chapter. 13 Further, the court shall not take into consideration whether either 14 party is married, was formerly married or has ever been married to the 15 other party or anyone else. 16 (vi) In cases where the court has found a party to be a victim of 17 domestic violence and/or where child abuse has occurred or is occurring, 18 the court shall award joint legal custody only on consent of the parties 19 or where it has been determined that the parties can effectively commu- 20 nicate, cooperate with each other, and make joint decisions concerning 21 the child; provided, however, that where final orders are on the consent 22 of the parties, in no event shall an order of joint legal custody be 23 awarded when there is an existing or prior full stay away order of 24 protection against a party on behalf of another party to the proceeding 25 or when there is an existing temporary order of protection entered ex 26 parte and all costs, including attorney and expert fees, incurred by the 27 non-offending parent and the child, shall be paid by the parent who is 28 found to have committed child abuse or domestic violence, unless the 29 offending parent has insufficient means to pay such costs. 30 (vii) Before judges, referees and other hearing officers preside over 31 child custody proceedings in which one or more parties have alleged 32 domestic violence or child abuse, they shall complete initial training 33 for the handling of such cases as described pursuant to section two 34 hundred forty-d of this chapter. Once initial training requirements have 35 been met, judges, referees and other hearing officers shall complete 36 additional training every two years as described pursuant to section two 37 hundred forty-d of this chapter. 38 § 5. The family court act is amended by adding a new section 654 to 39 read as follows: 40 § 654. Temporary order of custody or of visitation. (a) Notwithstand- 41 ing any other provision of the law, upon the application of either party 42 to an action concerning custody of or a right to visitation with a child 43 who alleges that the other party has committed an act of child abuse 44 against such child, or committed an act of domestic violence against the 45 party making the allegation or a family or household member of either 46 party, as such family or household member is defined in article eight of 47 the family court act, the court shall hold a hearing to determine wheth- 48 er temporary limitations or conditions on the custody or visitation 49 rights of the party who is alleged to have committed an act of child 50 abuse against the child, or committed an act of domestic violence 51 against the party making the allegation or a family or household member 52 of either party is necessary to avoid significant risk to the child's 53 life or safety, in accordance with subparagraph five of paragraph (a-1) 54 of subdivision one of section two hundred forty of the domestic 55 relations law. If the court determines that limitations or restrictions 56 of a party's custody, visitation or contact with the child are necessaryA. 5398--A 9 1 to avoid significant risk to the child's life or safety, the court shall 2 issue a temporary emergency order for custody or visitation stating as 3 such, in accordance with clause (iii) of subparagraph five of paragraph 4 (a-1) of subdivision one of section two hundred forty of the domestic 5 relations law. 6 (b) Such temporary order of custody or of visitation may be taken as 7 of right to the appellate division of the supreme court. Pending the 8 determination of such appeal, such order shall be stayed where the 9 effect of such order would be to discharge the child, if the family 10 court or the court before which such appeal is pending finds that such a 11 stay is necessary to avoid significant risk to the child's life or safe- 12 ty. A preference in accordance with rule five thousand five hundred 13 twenty-one of the civil practice law and rules shall be afforded, with- 14 out the necessity of a motion, for appeals under article three; parts 15 one and two of article six; articles seven, ten, and ten-A of this act; 16 and sections three hundred fifty-eight-a, three hundred eighty-three-c, 17 three hundred eighty-four, and three hundred eighty-four-b of the social 18 services law. An appeal under this subdivision must be taken no later 19 than five days after the service by a party or the child's attorney upon 20 the appellant of any order from which the appeal is taken, five days 21 from receipt of the order by the appellant in court. 22 § 6. Subdivision a of section 1112 of the family court act, as amended 23 by section 28 of part A of chapter 3 of the laws of 2005, is amended to 24 read as follows: 25 a. An appeal may be taken as of right from any order of disposition 26 and, in the discretion of the appropriate appellate division, from any 27 other order under this act. An appeal from an intermediate or final 28 order in a case involving abuse or neglect, the decision to grant or 29 deny a temporary emergency order, as determined pursuant to section six 30 hundred fifty-four of this act, or a temporary emergency order issued to 31 avoid significant risk to the child's life or safety, as determined 32 pursuant to section six hundred fifty-four of this act, may be taken as 33 of right to the appellate division of the supreme court. Pending the 34 determination of such appeal, such order shall be stayed where the 35 effect of such order would be to discharge the child, if the family 36 court or the court before which such appeal is pending finds that such a 37 stay is necessary to avoid imminent risk to the child's life or health. 38 A preference in accordance with rule five thousand five hundred twenty- 39 one of the civil practice law and rules shall be afforded, without the 40 necessity of a motion, for appeals under article three; parts one and 41 two of article six; articles seven, ten, and ten-A of this act; and 42 sections three hundred fifty-eight-a, three hundred eighty-three-c, 43 three hundred eighty-four, and three hundred eighty-four-b of the social 44 services law. 45 § 7. This act shall take effect on the ninetieth day after it shall 46 have become a law. Effective immediately, the addition, amendment and/or 47 repeal of any rule or regulation necessary for the implementation of 48 this act on its effective date are authorized to be made on or before 49 such effective date.