Bill Text: NY S07586 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to warrants and orders of protection in persons in need of supervision cases in family court.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-06-05 - REFERRED TO RULES [S07586 Detail]
Download: New_York-2011-S07586-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
7586
I N S E N A T E
June 5, 2012
___________
Introduced by Sen. GALLIVAN -- (at request of the Office of Court Admin-
istration) -- read twice and ordered printed, and when printed to be
committed to the Committee on Rules
AN ACT to amend the family court act, in relation to warrants and orders
of protection in persons in need of supervision cases in family court
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraph (ii) of subdivision (g) and subdivision (h) of
2 section 735 of the family court act, as added by section 7 of part E of
3 chapter 57 of the laws of 2005, are amended and a new paragraph (iii) of
4 subdivision (g) is added to read as follows:
5 (ii) [The] EXCEPT AS PROVIDED IN PARAGRAPH (III) OF THIS SUBDIVISION,
6 THE clerk of the court shall accept a petition for filing only if it has
7 attached thereto the following NOTICES:
8 (A) if the potential petitioner is the parent or other person legally
9 responsible for the youth, a notice from the designated lead agency
10 indicating THAT there is no bar to the filing of the petition as the
11 potential petitioner consented to and actively participated in diversion
12 services; and
13 (B) a notice from the designated lead agency stating that it has
14 terminated diversion services because it has determined that there is no
15 substantial likelihood that the youth and his or her family will benefit
16 from further attempts, and that the case has not been successfully
17 diverted.
18 (III) THE CLERK OF THE COURT SHALL ACCEPT A PETITION FOR FILING IF:
19 (A) THE POTENTIAL PETITIONER IS REQUESTING THAT THE COURT ISSUE A
20 WARRANT PURSUANT TO SECTION SEVEN HUNDRED THIRTY-EIGHT OF THIS PART,
21 BECAUSE THE RESPONDENT HAS ABSCONDED FROM THE HOME AND IS UNABLE TO BE
22 LOCATED, DESPITE THE EFFORTS OF THE POTENTIAL PETITIONER; OR
23 (B) THE POTENTIAL PETITIONER IS REQUESTING THAT THE COURT ISSUE A
24 TEMPORARY ORDER OF PROTECTION, PURSUANT TO SECTION SEVEN HUNDRED FORTY
25 OF THIS PART, BECAUSE THE RESPONDENT POSES AN IMMINENT RISK OF HARM TO
26 THE POTENTIAL PETITIONER OR MEMBERS OF HIS OR HER HOUSEHOLD.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15858-01-2
S. 7586 2
1 (h) No statement made to the designated lead agency or to any agency
2 or organization to which the potential respondent HAS BEEN REFERRED,
3 prior to the filing of the petition, or if the petition has been filed,
4 prior to the time the respondent has been notified that attempts at
5 diversion will not be made or have been terminated, or prior to the
6 commencement of a fact-finding hearing if attempts at diversion have not
7 terminated previously, may be admitted into evidence at a fact-finding
8 hearing or, if the proceeding is transferred to a criminal court, at any
9 time prior to a conviction.
10 S 2. Subdivision (b) of section 742 of the family court act, as
11 amended by section 9 of part E of chapter 57 of the laws of 2005, is
12 amended to read as follows:
13 (b) At the initial appearance of the respondent, the court shall
14 review any termination of diversion services pursuant to such section,
15 and the documentation of diligent attempts to provide appropriate
16 services and determine whether such efforts or services provided are
17 sufficient [and may,]. THE COURT MAY, AT ANY TIME, subject to the
18 provisions of section seven hundred forty-eight of this article, order
19 that additional diversion attempts be undertaken by the designated lead
20 agency. The court may order the youth and the parent or other person
21 legally responsible for the youth to participate in diversion services.
22 AT THE INITIAL APPEARANCE OF THE RESPONDENT ON A PETITION FILED IN
23 ACCORDANCE WITH SUBPARAGRAPH (A) OF PARAGRAPH (III) OF SUBDIVISION (G)
24 OF SECTION SEVEN HUNDRED THIRTY-FIVE OF THIS ARTICLE, THE COURT SHALL
25 REFER THE RESPONDENT AND PARENT TO THE DESIGNATED LEAD AGENCY FOR DIVER-
26 SION ATTEMPTS, UNLESS THE COURT DETERMINES THAT THERE IS A SUBSTANTIAL
27 LIKELIHOOD THAT THE CHILD WOULD ABSCOND OR THERE IS NO SUBSTANTIAL LIKE-
28 LIHOOD THAT THE YOUTH AND HIS OR HER FAMILY WOULD BENEFIT FROM DIVERSION
29 ATTEMPTS. AT THE INITIAL APPEARANCE OF THE RESPONDENT ON A PETITION
30 FILED IN ACCORDANCE WITH SUBPARAGRAPH (B) OF PARAGRAPH (III) OF SUBDIVI-
31 SION (G) OF SECTION SEVEN HUNDRED THIRTY-FIVE OF THIS ARTICLE, THE COURT
32 SHALL REFER THE RESPONDENT AND PARENT TO THE DESIGNATED LEAD AGENCY FOR
33 DIVERSION ATTEMPTS, UNLESS THE COURT DETERMINES THAT THE CHILD CONTINUES
34 TO POSE AN IMMINENT RISK TO THE PETITIONER OR A MEMBER OF HIS OR HER
35 FAMILY WOULD BENEFIT FROM DIVERSION ATTEMPTS. If the designated lead
36 agency thereafter determines that [the] A case REFERRED FOR DIVERSION
37 EFFORTS UNDER THIS SECTION has been successfully resolved, it shall so
38 notify the court, and the court shall dismiss the petition.
39 S 3. This act shall take effect on the ninetieth day after it shall
40 have become a law.
