Advocates lay out case for Hochul to act on Kyra’s Law

A decade after 2-year-old Kyra Franchetti was killed by her father in a murder-suicide, her mother is urging New York Gov. Kathy Hochul to sign legislation supporters say could better protect children who find themselves in dangerous custody disputes.

Known as “Kyra’s Law,” the bill would require courts to prioritize a child’s safety and well-being in custody and visitation proceedings, expand the risk factors judges may consider and require additional judicial training on family violence and child abuse. The measure passed both houses of the Legislature unanimously and is now awaiting action from Hochul.

Jacqueline Franchetti gathered with supporters of the bill in Saratoga County on Thursday, marking 10 years without Kyra and two months since the bill unanimously passed the state Senate and Assembly after years of advocacy.

“I remember when she would say ‘mama’ and I remember the deafening silence when she was taken,” Franchetti said.

Supporters argued the legislation should be a priority for the governor as she works through hundreds of bills passed by the Legislature this session because it addresses risks families continue to face every day.

Franchetti said the bill’s multifaceted approach would address multiple loopholes in the Family Court system that advocates believe could make a difference. She was especially emphatic about ensuring judges receive training to better use the tools the legislation would provide.

“Our judges in New York State are not properly skilled and they are not properly trained to assess what are life-and-death situations,” she said.

Also in attendance in Ballston Spa on Thursday was 15-year-old Megan Margaret. She described years of recurring sexual abuse by her biological father and said she hopes the bill would spare other children from facing similar experiences.

“If Kyra’s Law had been in place when I was younger, my life would have been different,” Margaret said, adding, “How can it be that we have a system that forces me to have visits and therapy sessions with someone who sexually abused me?”

Standing in an open courtyard at the Saratoga County municipal complex, there was one question which was clearly on the minds of most people in attendance:

Advocates pointed to the recent tragedy in Mechanicville  in which police say four children were killed by their mother and grandmother in a murder-suicide during an ongoing custody dispute, raising questions about whether broader information available to judges could influence future cases.

“It was a prolonged Family Court battle between the mother and the father,” Saratoga County District Attorney Brett Eby said, while clarifying that he couldn’t offer specifics on the case. “Any time you have a piece of legislation that can give judges more information when they are making decisions, I don’t see how that couldn’t have been a factor.”

While the bill ultimately passed the Legislature unanimously, lawmakers have said it took years to work through the legal nuances of custody law and ensure the proposal would not create unintended consequences. Those are among the issues Hochul will likely consider as she reviews the legislation.

A spokesperson for Hochul did not immediately respond to a request for comment.

Hochul’s office typically does not indicate how the governor intends to act on individual bills before a decision is made. In the past, however, the administration has pointed to Hochul’s broader support for strengthening protections for children and families affected by domestic violence.

During her time in office, Hochul has signed multiple measures aimed at reforming Family Court practices, including Melanie’s Law, which expanded orders of protection to include family members of any age and other members of a household.

Like Kyra’s Law, Melanie’s Law was propelled by the advocacy of a mother. Cheryl Chianese-Cavalli’s daughter, Melanie, was murdered by Cheryl’s ex-boyfriend after she was unable to obtain an order of protection. Hochul signed that bill into law in the fall of 2024.

As the bill awaits Hochul’s decision, Franchetti said she hopes to meet with the governor personally to discuss any concerns she may have, but told reporters she has not received any concrete updates from the governor’s team.

“I would love to sit down and meet with her and do this now,” she said.

Margaret had her own message for the governor as Hochul weighs her decision:

“Do it for the kids who are still here, still speaking up, still hoping that maybe this time someone will listen,” Margaret said.