Do not pass this version of Kyra's Law

Proposed state legislation known as “Kyra‘s Law,” generated as a result of the horrific 2016 murder of 2-year-old Kyra Franchetti by her father during custody litigation, seeks to prevent similar tragedy in the future. There are no words sufficient to console or describe the ongoing suffering of the child’s mother. While its intentions are beyond reproach, this bill is not the solution. It will not protect children, and its provisions make it counterproductive at best, and dangerous at worst.

There is no question that the systems set up to protect children failed Kyra. After her murder, legislators properly took steps to make it easier for courts to utilize qualified forensic custody analysts to assess the best interests of the child, especially in cases involving allegations of child and domestic abuse. A law directing regular training of those forensic professionals in a broad array of violence, abuse, and control issues goes into effect in December, providing oversight in conjunction with state and federal agencies.

This version of Kyra’s Law would affect parental rights and access based upon a mere allegation of “abuse” with a broad and vague set of criteria. This not only creates the potential for a floodgate of false claims, but could result in true victims of abuse being subject to restricted rights to the child and/or the abused child being placed in peril. The ability to seek an order of protection when there are allegations of abuse already exists, and custody law already mandates the court to prioritize consideration of domestic violence. Kyra’s Law adds unnecessary multiple layers of bureaucracy. Legislators should work within the extensive array of protections already in place, along with impending additional forensic training, to improve, not complicate, a currently overburdened court system.

Many lawyers, including children’s advocates, and judges believe the bill is deeply flawed and will increase costs to parents who are often already economically strapped. The American Academy of Matrimonial Lawyers New York Chapter, cognizant of protecting victims of abuse, opposes this legislation.

This bill contradicts its intent. It will delay justice and may actually do great injustice; it will impair necessary judicial discretion; it conflicts with existing protections for children and victims of domestic violence, abuse, and neglect; it will be costly, despite asserting a lack of financial implications; it will necessitate multiple and conflicting hearings including separate evidentiary hearings; it contains mental health terms and provisions which are problematic; and it may well result in additional harm to children and victims of domestic abuse.

Legislation crafted out of tragedy requires careful consideration to ensure that it will at least improve the circumstances from which it was born — not make things worse. A final determination of the best interests of a child removed from a home, under Kyra’s Law, would require additional hearings even after an order of protection has been granted, delaying a judge’s ability to resolve custody issues and leaving the child and family in limbo.

Kyra’s death, and the suffering of other children seeking protection in the child welfare and legal systems, is beyond horrific. Kyra’s Law, however, fails to accomplish its noble intent. It will impede a court’s ability to protect the same children it wants to keep safe. There is much work to be done to protect children — this legislation, unfortunately, is not the answer. The State Legislature should take a step back before unintended harm is done.