A Rush to Pass Kyra’s Law Could Harm Kids

Two children's advocates say the issues raised by the proposed legislation are complex and its impact must be carefully considered before the legislature takes action.

by Karen Freedman and Karen Simmons

As attorneys who represent children in custody and child protective cases, we wholeheartedly agree that keeping children safe should be an “intuitive” top priority for New York’s legislators.

While leading our respective organizations, which have decades of experience representing hundreds of thousands of children in New York City’s Family Courts, we have learned that achieving that child protective goal, while also protecting the vital interests of children and parents in maintaining family relationships, is much more challenging than simply acknowledging its critical import.

Our organizations have provided comprehensive feedback to the legislature. We have explained why children would not be best served by the currently-introduced version of Kyra’s Law, which treats all cases in which there are allegations of domestic violence and child abuse in exactly the same manner, without regard to the age of the child, the recency of any incidents, the existence of protective factors, or the reliability of the allegations.

The issues raised by this proposed legislation are complex and its impact must be carefully considered before the legislature takes action. For this reason, we appreciate and look forward to continuing our dialogue with Senator Kaplan, Assembly member Hevesi, and Jacqueline Franchetti in the hope of crafting a bill that truly protects the physical and emotional well-being of New York’s children and families.

Karen Freedman is the Executive Director of Lawyers For Children
Karen Simmons is the Executive Director of the Children’s Law Center