Kyra’s Law Must Become New York Law

A Column from the Desk of Assemblyman Karl Brabenec (R,C-Deerpark)

Amidst the constant debating and protesting in Albany, legislators often make time to participate in press conferences hoping to highlight important pieces of legislation that are on their way to the Assembly chamber. I participated in one such press conference this week regarding an incredibly important bill I will be fighting hard to see passed called Kyra’s Law.

The law, in essence, would require court judges to consider the health and safety of a child regarding custody and visitation. It would also require officials to take part in training to handle cases involving domestic violence and child abuse. The bill sounds serious, and that is because the story behind it is. In July 2016, Kyra Franchetti, a two-year-old child of divorce, was sleeping when she was shot in the back twice by her father. The father made an unsupervised, court-approved visit despite warnings to the judiciary from close family and friends and eyewitness accounts of threatening and abusive behavior. Kyra’s father should not have been there that day, and if he was not, Kyra would have been finishing fourth grade today and getting ready to enjoy our summer.

It’s an all-too-often occurrence that the courts are too lenient when they shouldn’t be, particularly in cases when children are involved. Peer-reviewed research studies confirm that in the divorce and family court system, custody cases involving abuse are decided overwhelmingly incorrectly when trying to protect children. Kyra’s Champions, the organization founded by Kyra’s mother Jacqueline spearheading the movement for this legislation, is working hard to shine a light on the problem. Shockingly, family courts have a 70% failure rate when it comes to ensuring a child’s safety by providing sole custody to victimized parents. As such, 75% of child deaths in the U.S. are committed by a parent. That includes half a million children today who are court-ordered into a home where they are being sexually, physically or emotionally abused. It’s a problem that needs immediate correcting.

I stand ready to push for Kyra’s Law to be made New York law. I thank Kyra’s Champions and Jacqueline Franchetti for advocating for this important legislation and fighting in memory of Kyra. And I hope to share good news on this bill’s progress soon.