•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video 

S03348 Summary:

BILL NOS03348
 
SAME ASSAME AS A01034
 
SPONSORBAILEY
 
COSPNSR
 
MLTSPNSR
 
Amd 351.1 & 353.4, Fam Ct Act
 
Provides that prior to a dispositional hearing the judge shall order a probation investigation and a diagnostic assessment of a juvenile delinquent whom the court reasonably finds, on the record, to have a demonstrable need for a remediation of a discernible handicapping condition; allows judges to refer custody through various state agencies for placement into programs under protocol and funding provisions currently in existence.
Go to top    

S03348 Actions:

BILL NOS03348
 
01/20/2017REFERRED TO CHILDREN AND FAMILIES
Go to top

S03348 Memo:

Memo not available
Go to top

S03348 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3348
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                    January 20, 2017
                                       ___________
 
        Introduced  by  Sen.  BAILEY -- 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 probation, investi-
          gation and diagnostic assessment of juvenile delinquents or any  other
          juvenile delinquent whom the court reasonably finds, on the record, to
          have  a demonstrable need for a remediation of a discernible handicap-
          ping condition
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Subdivision 1 of section 351.1 of the family court act, as
     2  amended by chapter 398 of the laws  of  1983,  is  amended  to  read  as
     3  follows:
     4    1.  Following a determination that a respondent has committed a desig-
     5  nated felony act or any other juvenile delinquent whom the court reason-
     6  ably finds, on the record, to have a demonstrable need for a remediation
     7  of a discernible handicapping condition and prior to  the  dispositional
     8  hearing,  the judge shall order a probation investigation and a diagnos-
     9  tic assessment. For the purposes of this article, the probation investi-
    10  gation shall include, but not be limited to, the history of the juvenile
    11  including previous conduct, the family situation, any  previous  psycho-
    12  logical  and  psychiatric  reports,  school  adjustment, previous social
    13  assistance provided by voluntary or public agencies and the response  of
    14  the  juvenile  to such assistance. For the purposes of this article, the
    15  diagnostic assessment shall include, but not be limited  to,  psycholog-
    16  ical  tests  and psychiatric interviews to determine mental capacity and
    17  achievement, emotional  stability  and  mental  disabilities.  It  shall
    18  include  a  clinical assessment of the situational factors that may have
    19  contributed to the act or acts. When feasible, expert opinion  shall  be
    20  rendered  as to the risk presented by the juvenile to others or himself,
    21  with a recommendation as to the need for a restrictive placement.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02041-01-7

        S. 3348                             2
 
     1    § 2. Subdivision 3 of section 351.1 of the family court act, as  added
     2  by chapter 920 of the laws of 1982, is amended to read as follows:
     3    3. A child shall not be placed in accord with section 353.3 unless the
     4  court  has  ordered a probation investigation prior to the dispositional
     5  hearing; a child shall not be placed in accord with section 353.4 unless
     6  the court has ordered a diagnostic assessment prior to such hearing. The
     7  diagnostic assessment shall be completed by  an  interdisciplinary  team
     8  consisting  of,  but  not limited to, a psychologist, a social worker, a
     9  special educator, a physician, and a law guardian and/or legal counsel.
    10    § 3. Subdivisions 1 and 4 of section 353.4 of the  family  court  act,
    11  subdivision  1 as amended by chapter 37 of the laws of 2016 and subdivi-
    12  sion 4 as added by chapter 920 of the laws of 1982, are amended to  read
    13  as follows:
    14    1. If at the conclusion of the dispositional hearing and in accordance
    15  with section 352.2 of this act the court finds that the respondent has a
    16  mental  illness, or intellectual or developmental disability, as defined
    17  in section 1.03 of the mental hygiene law, which is likely to result  in
    18  serious  harm  to  himself  or herself or others, the court may issue an
    19  order placing such respondent with the office  of  children  and  family
    20  services  or,  with  the consent of the local commissioner, with a local
    21  commissioner of social services, or the commissioner of mental health or
    22  the commissioner of developmental disabilities consistent with placement
    23  provisions as outlined in chapter seven hundred fifty-seven of the  laws
    24  of  nineteen  hundred seventy-seven, chapter five hundred sixty-three of
    25  the laws of nineteen hundred eighty and article eighty-one of the educa-
    26  tion law, and/or any voluntary or not-for-profit agency  licensed  under
    27  these  provisions of law not inconsistent with the rules and regulations
    28  governing the placement of clients. Any  such  order  shall  direct  the
    29  temporary  transfer  for  admission  of the respondent to the custody of
    30  either the commissioner of mental health or the commissioner of develop-
    31  mental disabilities who shall arrange the admission of the respondent to
    32  the appropriate facility of the department of mental hygiene. The direc-
    33  tor of a hospital operated by the office of mental health  may,  subject
    34  to  the provisions of section 9.51 of the mental hygiene law, transfer a
    35  person admitted to the hospital pursuant to this subdivision to a  resi-
    36  dential  treatment  facility  for  children  and  youth, as that term is
    37  defined in section 1.03 of the mental hygiene law, if care and treatment
    38  in such a facility would  more  appropriately  meet  the  needs  of  the
    39  respondent.  Persons  temporarily transferred to such custody under this
    40  provision may be retained for care and treatment for a period of  up  to
    41  one  year  and  whenever  appropriate  shall  be transferred back to the
    42  office of children and family services pursuant  to  the  provisions  of
    43  section  five  hundred  nine of the executive law or transferred back to
    44  the local commissioner of social services. Within thirty  days  of  such
    45  transfer  back,  application shall be made by the office of children and
    46  family services or the local commissioner  of  social  services  to  the
    47  placing  court  to  conduct a further dispositional hearing at which the
    48  court may make any order authorized under section  352.2  of  this  act,
    49  except  that  the  period of any further order of disposition shall take
    50  into account the period of placement hereunder. Likelihood to result  in
    51  serious harm shall mean (a) substantial risk of physical harm to himself
    52  or  herself  as  manifested by threats or attempts at suicide or serious
    53  bodily harm or other conduct demonstrating he or  she  is  dangerous  to
    54  himself  or  herself or (b) a substantial risk of physical harm to other
    55  persons as manifested by homicidal or other violent  behavior  by  which
    56  others are placed in reasonable fear of serious bodily harm.

        S. 3348                             3
 
     1    4.  No  order of disposition placing the respondent in accordance with
     2  this section shall be entered except upon clear and convincing  evidence
     3  which  shall  include  the  testimony  of  [two  examining physicians as
     4  provided in section two hundred fifty-one]  the  interdisciplinary  team
     5  established in subdivision three of section 351.1 of this part.
     6    § 4. This act shall take effect on the first of November next succeed-
     7  ing the date on which it shall have become a law.
Go to top