Bill Text: NY S03283 | 2021-2022 | General Assembly | Introduced
Bill Title: Provides for the issuance of summonses to each parent, including a non-custodial parent, of any juvenile who is the subject of a juvenile delinquency petition.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CHILDREN AND FAMILIES [S03283 Detail]
Download: New_York-2021-S03283-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3283 2021-2022 Regular Sessions IN SENATE January 28, 2021 ___________ Introduced by Sen. SANDERS -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families AN ACT to amend the family court act, in relation to service of summons- es upon parents in juvenile delinquency cases The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 312.1 of the family court act is amended by adding 2 a new subdivision 4 to read as follows: 3 4. Upon the filing of a petition under this article, the court shall 4 issue a summons to each parent of the respondent, including a non-custo- 5 dial parent, apart from the parent or person legally responsible named 6 in subdivision one of this section, provided that the address of such 7 noticed parent has been provided by the office of probation and correc- 8 tional alternatives or presentment agency. The office of probation and 9 correctional alternatives and presentment agency shall ask the custodial 10 parent or person legally responsible for information regarding any other 11 parent or parents of the respondent. The summons shall provide notice to 12 the parent or parents of the right to appear and participate in the 13 proceeding and to seek temporary release or, upon disposition, direct 14 placement, of the respondent. The presentment agency shall personally 15 serve the summons and petition at least twenty-four hours before the 16 time stated in such summons and petition for appearance, or may serve 17 the summons and petition by mail at least five days before such date. 18 The failure of such noticed parent to appear shall not be cause for 19 delay of the respondent's initial appearance, as defined by section 20 320.1 of this article. 21 § 2. This act shall take effect on the ninetieth day after it shall 22 have become a law, and shall apply to any juvenile who is the subject of 23 a juvenile delinquency petition filed on or after such effective date. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04595-01-1