Bill Text: NY S07845 | 2015-2016 | General Assembly | Introduced
Bill Title: Relates to dispositional options and services for juvenile delinquents and persons in need of supervision.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-05-24 - REPORTED AND COMMITTED TO FINANCE [S07845 Detail]
Download: New_York-2015-S07845-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7845 IN SENATE May 17, 2016 ___________ Introduced by Sen. AVELLA -- (at request of the Office of Court Adminis- tration) -- 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, the education law, the social services law and the executive law, in relation to dispositional options and services for juvenile delinquents and persons in need of supervision The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraphs (a) and (b) of subdivision 2 of section 352.2 of 2 the family court act, paragraph (a) as amended by chapter 880 of the 3 laws of 1985 and paragraph (b) as amended by chapter 145 of the laws of 4 2000, are amended to read as follows: 5 (a) In determining an appropriate order, the court shall consider and 6 direct a disposition that specifically meets the needs and best inter- 7 ests of the respondent as well as the need for protection of the commu- 8 nity. If the respondent has committed a designated felony act, the court 9 shall determine the appropriate disposition in accord with section 353.5 10 of this part. In all other cases, the court shall order the least 11 restrictive available alternative enumerated in subdivision one of this 12 section which is consistent with the needs and best interests of the 13 respondent and the need for protection of the community. Where appro- 14 priate, the court shall include in its order a direction for a local 15 social services, mental health, developmental disabilities or probation 16 official or an official of the office of children and family services, 17 office of mental health or office for people with developmental disabil- 18 ities, as applicable, to provide or arrange for the provision of 19 services or assistance to the respondent and his or her family to 20 further the goals of this section. Such order regarding a local social 21 services official shall not include the provision of any service or 22 assistance to the respondent and his or her family that is not author- 23 ized or required to be made available pursuant to the county child and 24 family services plan then in effect. In any order issued pursuant to 25 this section, the court may require the official to make periodic EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14394-01-6S. 7845 2 1 progress reports to the court on the implementation of such order. 2 Violation of such order shall be subject to punishment pursuant to 3 section seven hundred fifty-three of the judiciary law. 4 (b) In an order of disposition entered pursuant to section 353.3 or 5 353.4 of this [chapter] part, or where the court has determined pursuant 6 to section 353.5 of this [chapter] part that restrictive placement is 7 not required, which order places the respondent with the commissioner of 8 social services or with the office of children and family services for 9 placement with an authorized agency or class of authorized agencies or 10 in such facilities designated by the office of children and family 11 services as are eligible for federal reimbursement pursuant to title 12 IV-E of the social security act, the court in its order shall determine 13 (i) that continuation in the respondent's home would be contrary to the 14 best interests of the respondent; or in the case of a respondent for 15 whom the court has determined that continuation in his or her home would 16 not be contrary to the best interests of the respondent, that continua- 17 tion in the respondent's home would be contrary to the need for 18 protection of the community; (ii) that where appropriate, and where 19 consistent with the need for protection of the community, reasonable 20 efforts were made prior to the date of the dispositional hearing to 21 prevent or eliminate the need for removal of the respondent from his or 22 her home, or if the [child] respondent was removed from his or her home 23 prior to the dispositional hearing, where appropriate and where consist- 24 ent with the need for safety of the community, whether reasonable 25 efforts were made to make it possible for the [child] respondent to 26 safely return home. If the court determines that reasonable efforts to 27 prevent or eliminate the need for removal of the [child] respondent from 28 the home were not made but that the lack of such efforts was appropriate 29 under the circumstances, or consistent with the need for protection of 30 the community, or both, the court order shall include such a finding; 31 and (iii) in the case of a [child] respondent who has attained the age 32 of [sixteen] fourteen, the services needed, if any, to assist the 33 [child] respondent to make the transition from foster care to independ- 34 ent living. Where the court determines that reasonable efforts in the 35 form of services or assistance to the respondent and his or her family 36 would make it possible for the respondent to safely return home or to 37 make the transition to independent living, the court may include in its 38 order a direction for such services or assistance in accordance with 39 paragraph (a) of this subdivision. Any order of placement pursuant to 40 section 353.3 of this part shall provide that any respondent under twen- 41 ty-one years of age, who has not received a high school diploma, be 42 accorded educational services, including special educational services, 43 if applicable, in accordance with the education law and regulations 44 promulgated by the commissioner of education in order that any credits 45 accrued shall be transferable to any school to which the respondent is 46 transferred following the placement. 47 § 2. Paragraphs (e) and (f) of subdivision 3 of section 353.2 of the 48 family court act, paragraph (e) as added by chapter 920 of the laws of 49 1982 and paragraph (f) as amended by chapter 465 of the laws of 1992, 50 are amended to read as follows: 51 (e) cooperate with a program of intensive supervision by the probation 52 department during the period of probation or a specified portion there- 53 of, to the extent available in the county, upon a finding on the record 54 by the court that, absent cooperation with such a program, placement of 55 the respondent would be necessary. Such a program shall be conducted in 56 accordance with regulations to be promulgated by the division ofS. 7845 3 1 probation and correctional alternatives and may require the respondent, 2 among other conditions, to comply with a community-based rehabilitative 3 program and/or a program of electronic monitoring to the extent avail- 4 able in the county, as provided by subdivision one of section two 5 hundred forty-three of the executive law; 6 (f) obtain permission from the probation officer for any absence from 7 respondent's residence in excess of two weeks; and 8 [(f)] (g) with the consent of the [division for youth] office of chil- 9 dren and family services or, in a district with a close to home program, 10 such district, spend a specified portion of the probation period, not 11 exceeding one year, in a non-secure facility provided by the [division12for youth] office of children and family services pursuant to article 13 nineteen-G of the executive law or, in a district with a close to home 14 program, a nonsecure facility operated in such program. 15 § 3. Subdivision 6 of section 353.2 of the family court act, as added 16 by chapter 920 of the laws of 1982, is amended to read as follows: 17 6. The maximum period of probation shall not exceed two years, which 18 may include intensive supervision in cooperation with a community-based 19 rehabilitative program, in accordance with paragraph (e) of subdivision 20 three of this section, to the extent available up to the term of 21 probation. If the court finds at the conclusion of the original period 22 and after a hearing that exceptional circumstances require an additional 23 year of probation, the court may continue the probation for an addi- 24 tional year. 25 § 4. Subdivisions 2 and 4 of section 355.3 of the family court act, 26 subdivision 2 as added by chapter 920 of the laws of 1982, subdivision 4 27 as amended by chapter 454 of the laws of 1995 and paragraph (i) of 28 subdivision 4 as amended by chapter 145 of the laws of 2000, are amended 29 to read as follows: 30 2. The court shall conduct a hearing concerning the need for continu- 31 ing the placement. The respondent, the presentment agency and the agency 32 with [whom] which the respondent has been placed shall be notified of 33 such hearing and shall have the opportunity to be heard [thereat]. If 34 the petition is filed within sixty days prior to the expiration of the 35 period of placement, the court shall first determine at such hearing 36 whether good cause has been shown. If good cause is not shown, the court 37 shall dismiss the petition. 38 4. At the conclusion of the hearing the court may, in its discretion, 39 order an extension of the placement for not more than one year, which 40 may include a period of post-release supervision and aftercare, or may 41 direct that the respondent be placed on probation for not more than one 42 year, pursuant to section 353.2 of this part, or may direct that the 43 respondent be conditionally discharged for not more than one year, 44 pursuant to section 353.1 of this part, or may order that the petition 45 for an extension of placement be dismissed. The court must consider and 46 determine in its order: 47 (i) that where appropriate, and where consistent with the need for the 48 protection of the community, reasonable efforts were made to make it 49 possible for the respondent to safely return to his or her home; 50 (ii) in the case of a respondent who has attained the age of [sixteen] 51 fourteen, the services needed, if any, to assist the child to make the 52 transition from foster care to independent living; and 53 (iii) in the case of a child placed outside New York state, whether 54 the out-of-state placement continues to be appropriate and in the best 55 interests of the child.S. 7845 4 1 Where the court determines that reasonable efforts in the form of 2 services or assistance to the respondent and his or her family would 3 further the respondent's needs and best interests and the need for 4 protection of the community and would make it possible for the respond- 5 ent to safely return home or to make the transition to independent 6 living, the court may include in its order a direction for such services 7 or assistance in accordance with paragraph (a) of subdivision two of 8 section 352.2 of this part. Such order regarding a local social services 9 official shall not include the provision of any service or assistance to 10 the respondent and his or her family that is not authorized or required 11 to be made available pursuant to the county child and family services 12 plan then in effect. The order shall provide that any respondent under 13 twenty-one years of age, who has not received a high school diploma, be 14 accorded educational services, including special educational services, 15 if applicable, in accordance with the education law and regulations 16 promulgated by the commissioner of education in order that any credits 17 accrued shall be transferable to any school to which the respondent is 18 transferred following the placement. Where the hearing on the extension 19 of placement has been held in conjunction with a permanency hearing, 20 pursuant to subdivision two of section 355.5 of this part, the court 21 order shall include the requirements of subdivision seven of such 22 section. 23 § 5. Subdivision 3 of section 355.4 of the family court act, as added 24 by chapter 479 of the laws of 1992, is amended to read as follows: 25 3. Subject to regulations of the department of health, routine 26 medical, dental and mental health services and treatment is defined for 27 the purposes of this section to mean any routine diagnosis or treatment, 28 including without limitation the administration of medications or nutri- 29 tion, the extraction of bodily fluids for analysis, and dental care 30 performed with a local anesthetic. Routine mental health treatment shall 31 not include [psychiatric] administration of psychotropic medication 32 unless it is part of an ongoing mental health plan or unless it is 33 otherwise authorized by law. Routine, emergency or other mental health 34 treatment, including administration of psychotropic medication, shall be 35 provided by licensed mental health professionals as authorized by law. 36 § 6. Paragraph (a) of subdivision 2 of section 754 of the family court 37 act, as amended by chapter 7 of the laws of 1999 and subparagraph (ii) 38 as amended by section 20 of part L of chapter 56 of the laws of 2015, is 39 amended to read as follows: 40 (a) In determining an appropriate order, the court shall consider and 41 direct a disposition that specifically meets the needs and best inter- 42 ests of the respondent. The order shall state the court's reasons for 43 the particular disposition. If the court places the [child] respondent 44 in accordance with section seven hundred fifty-six of this part, the 45 court in its order shall determine: (i) whether continuation in the 46 [child's] respondent's home would be contrary to the respondent's best 47 interest [of the child] and where appropriate, that reasonable efforts 48 were made prior to the date of the dispositional hearing held pursuant 49 to this article to prevent or eliminate the need for removal of the 50 [child] respondent from his or her home and, if the [child] respondent 51 was removed from his or her home prior to the date of such hearing, that 52 such removal was in the [child's] respondent's best interest and, where 53 appropriate, reasonable efforts were made to make it possible for the 54 [child] respondent to return safely home. If the court determines that 55 reasonable efforts to prevent or eliminate the need for removal of the 56 [child] respondent from the home were not made but that the lack of suchS. 7845 5 1 efforts was appropriate under the circumstances, the court order shall 2 include such a finding; and (ii) in the case of a [child] respondent who 3 has attained the age of fourteen, the services needed, if any, to assist 4 the [child] respondent to make the transition from foster care to inde- 5 pendent living. Where appropriate, including, but not limited to, where 6 the court determines that reasonable efforts in the form of services or 7 assistance to the respondent and his or her family would make it possi- 8 ble for the respondent to safely return home or to make the transition 9 to independent living, the court shall include in its order a direction 10 for a local social services, mental health, developmental disabilities 11 or probation official or an official of the office of mental health or 12 office for people with developmental disabilities, as applicable, to 13 provide or arrange for the provision of services or assistance to the 14 respondent and his or her family to further the goals of this section. 15 Such order regarding a local social services official shall not include 16 the provision of any service or assistance to the respondent and his or 17 her family that is not authorized or required to be made available 18 pursuant to the county child and family services plan then in effect. In 19 any order issued pursuant to this section, the court may require the 20 official make periodic progress reports to the court on the implementa- 21 tion of such order. Violation of such order shall be subject to punish- 22 ment pursuant to section seven hundred fifty-three of the judiciary law. 23 Nothing in this subdivision shall be construed to modify the standards 24 for directing detention set forth in section seven hundred thirty-nine 25 of this article. 26 § 7. Subdivision (a) of section 756 of the family court act is amended 27 by adding a new paragraph (iii) to read as follows: 28 (iii) The order shall provide that any respondent under the age of 29 twenty-one years be accorded educational services, including special 30 educational services, if applicable, in accordance with the education 31 law and regulations promulgated by the commissioner of education in 32 order that any credits accrued shall be transferable to any school to 33 which the respondent is transferred following the placement. The order 34 shall further provide that any routine, emergency or other mental health 35 treatment, including administration of psychotropic medication, if any, 36 shall be provided by licensed mental health professionals as authorized 37 by law. 38 § 8. Section 756-a of the family court act is amended by adding a new 39 subdivision (d-2) to read as follows: 40 (d-2)(i) The order shall provide that any respondent under the age of 41 twenty-one years be accorded educational services, including special 42 educational services, if applicable, in accordance with the education 43 law and regulations promulgated by the commissioner of education in 44 order that any credits accrued shall be transferable to any school to 45 which the respondent is transferred following the placement. The order 46 shall further provide that any routine, emergency or other mental health 47 treatment, including administration of psychotropic medication, if any, 48 shall be provided by licensed mental health professionals as authorized 49 by law. 50 (ii) Where appropriate, including, but not limited to, where the court 51 determines that reasonable efforts in the form of services or assistance 52 to the respondent and his or her family would make it possible for the 53 respondent to safely return home or to make the transition to independ- 54 ent living, the court shall include in its order a direction for a local 55 social services, mental health, developmental disabilities or probation 56 official or an official of the office of mental health or office forS. 7845 6 1 people with developmental disabilities, as applicable, to provide or 2 arrange for the provision of services or assistance to the respondent 3 and his or her family to further the goals of this section. Such order 4 regarding a local social services official shall not include the 5 provision of any service or assistance to the respondent and his or her 6 family that is not authorized or required to be made available pursuant 7 to the county child and family services plan then in effect. In any 8 order issued pursuant to this section, the court may require the offi- 9 cial to make periodic progress reports to the court on the implementa- 10 tion of such order. Violation of such order shall be subject to punish- 11 ment pursuant to section seven hundred fifty-three of the judiciary law. 12 § 9. Subdivision (b) of section 757 of the family court act, as 13 amended by chapter 920 of the laws of 1982, is amended and a new subdi- 14 vision (e) is added to read as follows: 15 (b) The maximum period of probation shall not exceed one year, which 16 may include intensive supervision in cooperation with a community-based 17 rehabilitative program, in accordance with subdivision (e) of this 18 section, to the extent available, during all or part of the term of 19 probation. If the court finds at the conclusion of the original period 20 that exceptional circumstances require an additional year of probation, 21 the court may continue probation for an additional year. 22 (e) If the respondent has been found to be a person in need of super- 23 vision, and if the court further finds that, absent intensive super- 24 vision, the respondent would be placed pursuant to section seven hundred 25 fifty-six of this part, the court may direct the respondent to cooperate 26 with a program of intensive supervision, which may include compliance 27 with a community-based rehabilitative program, during all or part of the 28 term of probation. The local probation department may provide intensive 29 supervision to respondents so directed pursuant to this subdivision in 30 accordance with regulations to be promulgated by the state division of 31 probation and correctional alternatives pursuant to subdivision one of 32 section two hundred forty-three of the executive law. 33 § 10. Subdivisions 1 and 2 of section 112 of the education law, as 34 amended by section 62 of Part A of chapter 3 of the laws of 2005, are 35 amended to read as follows: 36 1. The department shall establish and enforce standards of instruc- 37 tion, personnel qualifications and other requirements for education 38 services or programs, as determined by rules of the regents and regu- 39 lations of the commissioner, with respect to the individual requirements 40 of children who are in full-time residential care in facilities or homes 41 operated or supervised by any state department or agency or political 42 subdivision and shall require that credits accrued by children in 43 programs that conform to such standards shall be transferable to any 44 school to which the child is transferred following the residential care. 45 The regulations shall direct the school district to cooperate, to the 46 extent possible, with the agency with which the child is placed to coor- 47 dinate the timing of the child's release from the program with enroll- 48 ment in school so as to be minimally disruptive for the child and 49 further his or her best interests. The department shall cooperate with 50 the office of children and family services, the department of mental 51 hygiene and local departments of social services with respect to educa- 52 tional and vocational training programs for children placed with, 53 committed to or under the supervision of such agencies. The department 54 shall promulgate regulations requiring the cooperation of local school 55 districts in facilitating the [prompt] enrollment within no more than 56 five business days of children who are released or conditionallyS. 7845 7 1 released from residential facilities operated by or under contract with 2 the office of children and family services, the department of mental 3 hygiene and local departments of social services and in implementing 4 plans for release or conditional release submitted to the family court 5 pursuant to paragraph (c) of subdivision seven of section 353.3 and 6 paragraph (iii) of subdivision (a) of section seven hundred fifty-six of 7 the family court act and the educational components of permanency hear- 8 ing reports submitted pursuant to section one thousand eighty-nine of 9 the family court act. Such regulations regarding the educational compo- 10 nents of permanency hearing reports submitted pursuant to section one 11 thousand eighty-nine of the family court act shall be developed in 12 conjunction with the office of children and family services. Such regu- 13 lations shall facilitate the retention of children placed or remanded 14 into foster care in their original schools and, if that is not feasible 15 or determined to be in the child's best interest, require the enrollment 16 of the children in school and transfer of necessary records within no 17 more than five business days of receipt by the original school of notice 18 of the child's placement into foster care. Nothing herein contained 19 shall be deemed to apply to responsibility for the provision or payment 20 of care, maintenance or other services subject to the provisions of the 21 executive law, mental hygiene law, social services law or any other law. 22 2. The commissioner shall prepare a report and submit it to the gover- 23 nor, the speaker of the assembly and the temporary president of the 24 senate by December thirty-first, nineteen hundred ninety-six and on 25 December thirty-first of each successive year. Such report shall 26 contain, for each facility operated by or under contract with the office 27 of children and family services that provides educational programs, an 28 assessment of each facility's compliance with the rules of the board of 29 regents, the regulations of the commissioner, and this chapter. Such 30 report shall include, but not be limited to: the number of youth receiv- 31 ing services under article eighty-nine of this chapter; the office's 32 activities undertaken as required by subdivisions one, two, four and 33 eight of section forty-four hundred three of this chapter; the number of 34 youth receiving bilingual education services; the number of youth eligi- 35 ble to receive limited English proficient services; interviews with 36 facility residents conducted during site visits; library services; the 37 ratio of teachers to students; the curriculum; the length of stay of 38 each youth and the number of hours of instruction provided; instruc- 39 tional technology utilized; the educational services provided following 40 the release and conditional release of the youth, including, but not 41 limited to, the implementation of requirements for the prompt enrollment 42 of such youth in school contained in plans for release and conditional 43 release submitted to the family court pursuant to paragraph (c) of 44 subdivision seven of section 353.3 and paragraph (iii) of subdivision 45 (a) of section seven hundred fifty-six of the family court act and in 46 the educational components of permanency hearing reports submitted 47 pursuant to section one thousand eighty-nine of the family court act and 48 the compliance by local school districts with the regulations promulgat- 49 ed pursuant to subdivision one of this section; and any recommendations 50 to ensure compliance with the rules of regents, regulations of the 51 commissioner, and this chapter. 52 § 11. The opening paragraph of subdivision 1 of section 409-e of the 53 social services law, as amended by section 60 of part A of chapter 3 of 54 the laws of 2005, is amended to read as follows: 55 With respect to each child who is identified by a local social 56 services district as being considered for placement in foster care asS. 7845 8 1 defined in section one thousand eighty-seven of the family court act by 2 a social services district, such district, within thirty days from the 3 date of such identification, shall perform an assessment of the child 4 and his or her family circumstances. Where a child has been removed from 5 his or her home and placed into foster care as defined in section one 6 thousand eighty-seven of the family court act, detention or placement 7 pursuant to article seven of the family court act or nonsecure or limit- 8 ed secure placement pursuant to article three of the family court act, 9 within thirty days of such removal, detention or placement, the local 10 social services district shall perform an assessment of the child and 11 his or her family circumstances, or update any assessment performed when 12 the child was considered for placement. Any assessment shall be in 13 accordance with such uniform procedures and criteria as the office of 14 children and family services shall by regulation prescribe. Such assess- 15 ment shall include the following: 16 § 12. Subdivision 1 of section 243 of the executive law, as amended by 17 section 17 of part A of chapter 56 of the laws of 2010, is amended to 18 read as follows: 19 1. The office shall exercise general supervision over the adminis- 20 tration of probation services throughout the state, including probation 21 in family courts and shall collect statistical and other information and 22 make recommendations regarding the administration of probation services 23 in the courts. The office shall endeavor to secure the effective appli- 24 cation of the probation system and the enforcement of the probation laws 25 and the laws relating to family courts throughout the state. After 26 consultation with the state probation commission, the office shall 27 recommend to the commissioner general rules which shall regulate methods 28 and procedure in the administration of probation services, including 29 investigation of defendants prior to sentence, and children prior to 30 adjudication, supervision, case work, record keeping, and accounting, 31 program planning and research so as to secure the most effective appli- 32 cation of the probation system and the most efficient enforcement of the 33 probation laws throughout the state. Such rules shall permit the estab- 34 lishment of a program of intensive supervision for juveniles directed to 35 receive such services pursuant to paragraph (e) of subdivision three of 36 section 353.2 or subdivision (e) of section seven hundred fifty-seven of 37 the family court act, which may require participation by the juveniles 38 in community-based rehabilitative programs. Such rules shall include, 39 but not be limited to: (a) specification of the maximum caseload levels 40 and training required for intensive supervision probation officers; (b) 41 the frequency and nature of probation contacts with juveniles in the 42 program, schools and other agencies; and (c) supervision, treatment and 43 other services to be provided to such juveniles. Such rules shall 44 further provide for the establishment of a program of electronic moni- 45 toring for juveniles who are the subjects of juvenile delinquency 46 petitions and would otherwise be detained prior to disposition pursuant 47 to subdivision three of section 320.5 of the family court act and for 48 adjudicated juvenile delinquents placed on probation on condition of 49 cooperation with a program of electronic monitoring pursuant to para- 50 graph (e) of subdivision three of section 353.2 of the family court act. 51 Such rules shall provide that the probation investigations ordered by 52 the court in designated felony act cases under subdivision one of 53 section 351.1 of the family court act shall have priority over other 54 cases arising under articles three and seven of such act. When duly 55 adopted by the commissioner, such rules shall be binding upon all 56 probation officers and when duly adopted shall have the force and effectS. 7845 9 1 of law, but shall not supersede rules that may be adopted pursuant to 2 the family court act. The office shall keep informed as to the work of 3 all probation officers and shall from time to time inquire into and 4 report upon their conduct and efficiency. The office may investigate the 5 work of any probation bureau or probation officer and shall have access 6 to all records and probation offices. The office may issue subpoenas to 7 compel the attendance of witnesses or the production of books and 8 papers. The office may administer oaths and examine persons under oath. 9 The office may recommend to the appropriate authorities the removal of 10 any probation officer. The office may from time to time publish reports 11 regarding probation including probation in family courts, and the opera- 12 tion of the probation system including probation in family courts and 13 any other information regarding probation as the office may determine 14 provided expenditures for such purpose are within amounts appropriated 15 therefor. 16 § 13. This act shall take effect on the first of April next succeeding 17 the date on which it shall have become a law; provided, however, that 18 any regulations necessary for the implementation of this act shall be 19 promulgated on or before such effective date.