ROCHESTER, N.Y. — Nearly a month has passed since four-year-old Axel Hernandez was killed by his father, who then took his own life. Axel’s mother said she had raised concerns about the father to law enforcement multiple times, but no action was taken.

Statewide advocates are pushing for the passage of a bill known as Kyra’s Law to enhance child safety in custody cases.

Kyra’s Law aims to prioritize children’s safety in custody cases. It directs courts to consider all information regarding allegations of abuse, domestic violence, and child safety. The law would also require an attorney to represent the child when credible allegations of child abuse are present.

Despite passing the state Senate overwhelmingly, the bill has been repeatedly struck down in the state Assembly. Jacqueline Franchetti, whose nine-month-old daughter Kyra was murdered in July 2016, has been advocating for the bill through her organization, Kyra’s Champions.

“Kyra’s law is named after my daughter. And what happened and took place in her in her custody case,” Franchetti said.

Franchetti said since her daughter’s death ten years ago, 42 children have been killed by parents during custody cases, including two this year.

“From the very first time that I entered family court, I told I was being stalked, harassed, threatened. I was terrified for my life, for Kyra’s life,” Franchetti said. “The judge’s reaction? She yelled at me to, quote unquote, grow up. An attorney for the child, who I begged repeatedly to get more involved, including six days before Kyra was murdered by her father. He refused.”

Sen. George Borrello (R-57), a co-sponsor of the bill, expressed frustration with the legislative process.

“It passed unanimously in the Senate and was never taken up in the Assembly. So even when we’re dealing with, you know, children’s becoming murder victims, it’s still a bridge too far for for some in the, in the, in the state legislature, which is really the most tragic part,” Borrello said.

Borrello criticized some senators for voting against common-sense laws due to influence from pro-criminal advocates based in New York City.

News10NBC reached out to the bill’s sponsor in the Assembly, Andrew Hevesi (D-28) of Queens, and local co-sponsor Sen. Samra Brouk (D-55), but did not receive responses.

A spokesperson Gov. Kathy Hochul’s office said she has made several commitments to domestic violence prevention and survivor protection, providing the following statement:

“Governor Hochul’s top priority is to ensure the safety and well-being of children and families, which is why she has made domestic violence prevention and survivor protection a cornerstone of her administration. She has delivered historic funding, strengthened laws, and enacted key systemic reforms. The Governor will continue to support initiatives that increase awareness and broaden protections, and will review any bill that passes both houses of the Legislature.”

On background: 

• The State does not have a direct role in custody matters, they are a court function. 
• Thanks to the Governor’ leadership, more survivors are safe, more offenders are held accountable, and communities across the state are working more collaboratively than ever to support survivors.
• The Governor championed Melanie’s Law, expanding orders of protection to include family members of any age and other household members. 
• Last year, the Governor signed a bill amending the Family Court Act to strengthen protections for children in abuse and neglect proceedings.  
• Additionally, last year the Governor signed a bill prohibiting the use of anonymous reporting to child protective services which garnered widespread support from domestic violence advocacy communities. 
• The role of child protective services is to investigate child abuse and maltreatment reports, to protect children (anyone under 18 years old) from further abuse or maltreatment, and to provide rehabilitative services to children, parents, and other family members involved.
• The Governor established SAFE (Survivors Access Financial Empowerment) with a recurring $5 million in annual state funding.

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