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SB3237 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3237
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                    February 3, 2015
                                       ___________
 
        Introduced  by  Sen. MARTINS -- 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 involuntary  treat-
          ment services for minors
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1.  Subdivision 3 of section 720 of the family court  act,  as
     2  amended by section 9 of subpart B of part Q of chapter 58 of the laws of
     3  2011, is amended and a new subdivision 6 is added to read as follows:
     4    3.  Detention  of a person alleged to be or adjudicated as a person in
     5  need of supervision shall, except as provided in [subdivision]  subdivi-
     6  sions  four and six of this section, be authorized only in a foster care
     7  program certified by the office of children and family  services,  or  a
     8  certified  or  approved  family boarding home, or a non-secure detention
     9  facility certified by the office and in accordance  with  section  seven
    10  hundred  thirty-nine of this article. The setting of the detention shall
    11  take into account (a) the proximity to the community in which the person
    12  alleged to be or adjudicated as a person in need  of  supervision  lives
    13  with  such  person's parents or to which such person will be discharged,
    14  and (b) the existing educational setting of such person and the proximi-
    15  ty of such setting to the location of the detention setting.
    16    6. If the respondent is alleged to be or adjudicated as  a  person  in
    17  need of supervision due to a substance use disorder as defined by subdi-
    18  vision  (j)  of  section seven hundred twelve of this article, the court
    19  may direct such respondent  to  any  available  substance  use  disorder
    20  service as defined by subdivision (m) of section seven hundred twelve of
    21  this article.
    22    § 2. Paragraph (c) of subdivision 1 of section 754 of the family court
    23  act,  as  amended  by  section 4 of part V of chapter 383 of the laws of
    24  2001, is amended to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06290-02-5

        S. 3237                             2
 
     1    (c) Continuing the proceeding and placing  the  respondent  in  accord
     2  with  section  seven  hundred fifty-six of this part; provided, however,
     3  that the court shall not place the respondent  in  accord  with  section
     4  seven  hundred  fifty-six  of  this part where the respondent is sixteen
     5  years  of  age  or  older, unless the court determines and states in its
     6  order that special circumstances exist to warrant such  placement  which
     7  could include placement in substance use disorder services as defined by
     8  subdivision (m) of section seven hundred twelve of this article; or
     9    §  3. Subdivisions (a) and (b) of section 756 of the family court act,
    10  subdivision (a) as amended by chapter 920 of the laws of 1982, paragraph
    11  (i) of subdivision (a) as amended by chapter 309 of the  laws  of  1996,
    12  the opening paragraph of paragraph (ii) of subdivision (a) as amended by
    13  section  11  of part G of chapter 58 of the laws of 2010 and subdivision
    14  (b) as amended by chapter 7 of the laws of 1999, are amended to read  as
    15  follows:
    16    (a) (i) For purposes of section seven hundred fifty-four of this part,
    17  the  court  may  place  the child in its own home or in the custody of a
    18  suitable relative or other suitable private person or a commissioner  of
    19  social  services  or  in  a  substance  use disorder services program as
    20  defined by subdivision (m) of section seven hundred twelve of this arti-
    21  cle, subject to the orders of the court.
    22    (ii) Where the child is placed with  the  commissioner  of  the  local
    23  social services district, the court may direct the commissioner to place
    24  the  child  with  an  authorized agency or class of authorized agencies,
    25  including, if  the  court  finds  that  the  respondent  is  a  sexually
    26  exploited  child  as  defined in subdivision one of section four hundred
    27  forty-seven-a of the social services law, an  available  long-term  safe
    28  house.  Unless  the dispositional order provides otherwise, the court so
    29  directing shall include one of the following alternatives  to  apply  in
    30  the event that the commissioner is unable to so place the child:
    31    (1)  the  commissioner  shall apply to the court for an order to stay,
    32  modify, set aside, or vacate such directive pursuant to  the  provisions
    33  of  section seven hundred sixty-two or seven hundred sixty-three of this
    34  article; or
    35    (2) the commissioner shall return the child to the family court for  a
    36  new dispositional hearing and order.
    37    (iii)  Where  the child is placed in a substance use disorder services
    38  program, the court may order the child to undergo treatment for a period
    39  not to exceed sixty days. If the court finds it necessary, it may direct
    40  the county sheriff to take the child into custody and deliver him or her
    41  to the substance use disorder services specified in the court order,  or
    42  to  the  nearest appropriate substance use disorder services program for
    43  treatment. The court may extend placement beyond sixty days, pursuant to
    44  section seven hundred fifty-six-b of this part.
    45    (b) Placements under this section may be  for  an  initial  period  of
    46  twelve months, except when placement is made pursuant to paragraph (iii)
    47  of  subdivision  (a)  of this section.  The court may extend a placement
    48  pursuant to section seven hundred fifty-six-a or section  seven  hundred
    49  fifty-six-b  of  this  part.  In its discretion, the court may recommend
    50  restitution or require services for  public  good  pursuant  to  section
    51  seven hundred fifty-eight-a of this part in conjunction with an order of
    52  placement.  For the purposes of calculating the initial period of place-
    53  ment,  such placement shall be deemed to have commenced sixty days after
    54  the date the child was removed from his or her home in  accordance  with
    55  the  provisions of this article. If the respondent has been in detention
    56  pending disposition, the initial period of placement ordered under  this

        S. 3237                             3
 
     1  section  shall  be  credited  with  and diminished by the amount of time
     2  spent by the respondent in detention prior to the  commencement  of  the
     3  placement  unless  the court finds that all or part of such credit would
     4  not serve the best interests of the respondent.
     5    §  4. The family court act is amended by adding a new section 756-b to
     6  read as follows:
     7    § 756-b. Extension of placement  related  to  substance  use  disorder
     8  services.  (a)  Whenever  a  substance  use  disorder  services provider
     9  believes that a child who is nearing the scheduled date of release  from
    10  disorder  services  continues  to  need such services, a petition for an
    11  extension of placement shall be filed at least ten days before the expi-
    12  ration of the court-ordered treatment period. The court shall immediate-
    13  ly schedule a hearing to be held five days after the filing of the peti-
    14  tion. The court shall provide a copy of the petition  for  extension  of
    15  placement  and  the notice of the hearing to all parties to the proceed-
    16  ing.
    17    (b) If the court finds that the petition for an extension of placement
    18  should be granted, it may order  the  child  to  undergo  substance  use
    19  disorder  services for a period not to exceed an additional ninety days.
    20  When the conditions justifying substance use disorder  services  are  no
    21  longer  necessary,  the  child must be released to the custody of his or
    22  her parent or other person legally responsible for his or her care.
    23    (c) Successive extensions of placement pursuant to this section may be
    24  granted, but under no circumstances shall such  extension  be  continued
    25  beyond the child's eighteenth birthday without his or her consent.
    26    § 5. Section 764 of the family court act, as amended by chapter 920 of
    27  the laws of 1982, is amended to read as follows:
    28    §  764.  Petition  to  terminate  placement.  Any parent or [guardian]
    29  person legally responsible for the child's care or duly authorized agen-
    30  cy [or next friend of  a  person  placed  under  section  seven  hundred
    31  fifty-six]  may  petition  [to]  the  court for an order terminating the
    32  placement made pursuant to section seven hundred fifty-six of this arti-
    33  cle.  The petition must be verified and must show:
    34    (a) that an application for release of the respondent was made to  the
    35  duly  authorized  agency or the substance use disorder services provider
    36  with which the child was placed;
    37    (b) that the application was denied or was not granted  within  thirty
    38  days from the day application was made; and
    39    (c) the grounds for the petition.
    40    §  6.  Section  765  of  the  family  court  act is amended to read as
    41  follows:
    42    § 765. Service of petition; answer. A copy of a petition under section
    43  seven hundred sixty-four of this part shall be served promptly upon  the
    44  duly  authorized  agency or the institution having custody of the person
    45  or the substance use disorder services provider, whose  duty  it  is  to
    46  file an answer to the petition within five days from the day of service.
    47    § 7. Section 767 of the family court act, as amended by chapter 283 of
    48  the laws of 1977, is amended to read as follows:
    49    §  767.  Orders  on hearing. (a) If the court determines after hearing
    50  that continued placement serves the purposes of this article,  it  shall
    51  deny the petition. The court may, on its own motion, reduce the duration
    52  of  the  placement, change the agency or substance use disorder services
    53  provider in which the child is placed, or direct the agency or substance
    54  use disorder services provider to make such other arrangements  for  the
    55  person's care and welfare as the facts of the case may require.

        S. 3237                             4
 
     1    (b)  If  the  court  determines after hearing that continued placement
     2  does not serve the purposes of this article, the court  shall  discharge
     3  the  person  from  the  custody  of the agency or substance use disorder
     4  services provider and may place the person on  probation  or  under  the
     5  supervision of the court, except that if such person was discharged from
     6  a  substance  use  disorder services program, such person shall be imme-
     7  diately returned to the custody of his or her  parent  or  other  person
     8  legally responsible for his or her care.
     9    §  8.  This  act shall take effect on the ninetieth day after it shall
    10  have become law.  Effective immediately, any rules or regulations neces-
    11  sary for the implementation of this act on its  effective  date  may  be
    12  promulgated prior to such effective date.
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