|SAME AS||SAME AS S03237|
|Amd SS720, 754, 756, 764, 765 & 767, add S756-b, Fam Ct Act|
|Relates to substance use disorder and involuntary treatment services for minors.|
|06/18/2015||referred to children and families|
|01/06/2016||referred to children and families|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8297 SPONSOR: McDonald
TITLE OF BILL: An act to amend the family court act, in relation to involuntary treat- ment services for minors   PURPOSE OR GENERAL IDEA OF BILL: To address the concern of substance abuse in minors by amending the family court act to allow for assessment and treatment services for substance use disorders.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends and adds three new subdivisions of section 712 of the family court act, to include persons under eighteen years old who have substance use disorders, as those who can be adjudicated under the fami- ly court act and creates an assessment for substance use disorder and can recommend substance abuse treatment services. Sets definitions for "substance use disorder," "assessment of substance use disorder," and "substance use treatment services." Section 2 amends subdivision (c) of the family court act to authorize the designated lead agency to determine whether an assessment for substance use disorder is necessary. Section 3 amends subdivision 1 of section 754 of the family court act for consistency with existing procedures. Section 4 amends subdivisions (a) and (b) of the section 756 of the family court act to provide reasonable time limits for substance use treatment services. Section 5 creates new section 756-b of the family court act to allow for a petition for extension of placement for substance use treatment services. Section 6 amends section 764 of the family court act authorizes the parents of the respondent minor to terminate such placement, consistent with existing procedures. Section 7 amends section 765 of the family court act for answers to petitions, consistent with existing procedures. Section 8 amends section 767 of the family court act for orders on hearings, consistent with existing procedures. Section 9 sets the effective date.   JUSTIFICATION: Family courts have seen a rise in substance use among young people, especially with the recent escalation of the heroin and opioid abuse being reported in New York State. As a result, juveniles are coining into the courts struggling with addictions that can be complex and often require substance use treatment services. Because the stress of addiction can often be compounded by the pressures of school and peers during adolescence, diversion of drug abuse is especially important for young people and it needs to be approached comprehensively by the courts. Under this proposal, children under the age of 18 who are in Family Court and who are determined to suffer from a substance abuse problem can be placed by the court in a substance abuse treatment services program.   PRIOR LEGISLATIVE HISTORY: A.10119 / S.7652-A (2014)   FISCAL IMPLICATIONS: None to the State.   EFFECTIVE DATE: This act shall take effect on the 90th day. Effective immediately, any rules or regulations necessary for the implementation of this act on its effective date may be promulgated prior to such effective date.
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STATE OF NEW YORK ________________________________________________________________________ 8297 2015-2016 Regular Sessions IN ASSEMBLY June 18, 2015 ___________ Introduced by M. of A. McDONALD -- read once and referred to the Commit- tee 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. LBD06290-02-5A. 8297 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 thisA. 8297 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 hundred31 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.A. 8297 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.