New York State Assembly

 
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A09941 Summary:

A09941 Actions:

A09941 Committee Votes:

Committee:CHILDREN AND FAMILIES   Chair:Lupardo      
DATE:05/25/2016AYE/NAY:14/0  Action: Favorable refer to committee Codes        
Lupardo
Aye
McLaughlin
Aye
Arroyo
Aye
Giglio
Aye
Robinson
Excused
Friend
Aye
Titus
Aye
Wozniak
Excused
Jaffee
Aye
Mayer
Aye
Fahy
Aye
Steck
Aye
Rozic
Aye
Davila
Aye
Richardson
Absent
Harris
Aye
Williams
Aye

Committee:CODES   Chair:Lentol      
DATE:06/08/2016AYE/NAY:18/1  Action: Favorable refer to committee Rules        
Lentol
Aye
Graf
Nay
Schimminger
Aye
Giglio
Aye
Weinstein
Aye
McKevitt
Aye
Brennan
Excused
Montesano
Aye
Wright
Aye
Ra
Aye
Pretlow
Aye
Tenney
Aye
Cook
Aye
Cymbrowitz
Aye
Titus
Excused
O'Donnell
Absent
Lavine
Aye
Perry
Aye
Zebrowski
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye

Committee:RULES   Chair:Heastie      
DATE:06/14/2016AYE/NAY:27/0  Action: Favorable         
Heastie
Aye
Kolb
Aye
Gottfried
Aye
Tedisco
Aye
Lentol
Aye
Oaks
Aye
Farrell
Aye
Butler
Aye
Gantt
Aye
Crouch
Aye
Nolan
Aye
Finch
Excused
Weinstein
Aye
Barclay
Aye
Hooper
Aye
Raia
Aye
Ortiz
Aye
Duprey
Aye
Pretlow
Aye
Cook
Aye
Glick
Aye
Morelle
Aye
Aubry
Aye
Englebright
Aye
Wright
Excused
Dinowitz
Excused
Colton
Aye
Magnarelli
Aye
Perry
Aye
Markey
Aye

A09941 Floor Votes:

A09941 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9941
 
                   IN ASSEMBLY
 
                                       May 2, 2016
                                       ___________
 
        Introduced  by  M. of A. DAVILA, LUPARDO -- (at request of the Office of
          Court Administration) -- read once and referred to  the  Committee  on
          Children and Families
 
        AN ACT to amend the family court act, in relation to truancy allegations
          in  persons in need of supervision and child protective proceedings 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  (iii) of subdivision (d) and paragraph (ii) of
     2  subdivision (g) of section 735 of the family  court  act,  as  added  by
     3  section  7  of  part E of chapter 57 of the laws of 2005, are amended to
     4  read as follows:
     5    (iii) where the entity seeking to file a petition is a school district
     6  or local educational agency or where the parent or other potential peti-
     7  tioner indicates that the proposed petition will include truancy  and/or
     8  conduct  in  school  as  an allegation, the designated lead agency shall
     9  review the steps taken by the school district or local educational agen-
    10  cy to improve the  youth's  attendance  and/or  conduct  in  school  and
    11  attempt  to  engage  the  school district or local educational agency in
    12  further diversion attempts, if it appears from review that such attempts
    13  will be beneficial to the youth.   Where the school  district  or  local
    14  educational  agency is not the potential petitioner, the designated lead
    15  agency shall provide notice to it of any conference with  the  potential
    16  petitioner  in  order to enable the school district or local educational
    17  agency to assist the designated lead agency to resolve  the  truancy  or
    18  school  behavioral  problems  of  the youth so as to obviate the need to
    19  file a petition or, at minimum, to resolve the education-related allega-
    20  tions of the proposed petition.
    21    (ii) The clerk of the court shall accept a petition for filing only if
    22  it has attached thereto the following:
    23    (A) if the potential petitioner is the parent or other person  legally
    24  responsible  for  the  youth,  a  notice from the designated lead agency
    25  indicating there is no bar to the filing of the petition as  the  poten-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14452-01-6
        A. 9941                             2
 
     1  tial  petitioner  consented  to  and  actively participated in diversion
     2  services; and
     3    (B)  a  notice  from  the  designated  lead agency stating that it has
     4  terminated diversion services because it has determined that there is no
     5  substantial likelihood that the youth and his or her family will benefit
     6  from further attempts, and that  the  case  has  not  been  successfully
     7  diverted; and
     8    (C) where the proposed petition contains allegations of truancy and/or
     9  school  misbehavior,  whether or not the school district or local educa-
    10  tional agency is the proposed petitioner, a notice from  the  designated
    11  lead  agency  regarding the diversion efforts undertaken and/or services
    12  provided by the designated lead agency and/or by the school district  or
    13  local  educational  agency  to  the youth and the grounds for concluding
    14  that the educational problems could not be resolved absent the filing of
    15  a petition under this article.
    16    § 2. Section 736 of the family court act is amended by  adding  a  new
    17  subdivision 4 to read as follows:
    18    (4)  Where  the petition contains allegations of truancy and/or school
    19  misbehavior and where the school district or local educational agency is
    20  not the petitioner, the court shall cause a copy  of  the  petition  and
    21  notice  of  the  time  and  place  to  be heard to be sent to the school
    22  district or local educational agency identified by the  designated  lead
    23  agency  in  its notice pursuant to subparagraph (C) of paragraph (ii) of
    24  subdivision (g) of section  seven  hundred  thirty-five  of  this  part.
    25  Where  the  court determines that participation and/or assistance by the
    26  school district or local educational agency would aid in the  resolution
    27  of  the petition, the school district or local educational agency may be
    28  joined by the court as a necessary party and may  be  asked  to  provide
    29  assistance  in  accordance  with  section two hundred fifty-five of this
    30  act.
    31    § 3. Subdivision (b) of section  742  of  the  family  court  act,  as
    32  amended  by  section  9  of part E of chapter 57 of the laws of 2005, is
    33  amended to read as follows:
    34    (b) At the initial appearance  of  the  respondent,  the  court  shall
    35  review  any  termination of diversion services pursuant to such section,
    36  and the  documentation  of  diligent  attempts  to  provide  appropriate
    37  services  and  determine  whether  such efforts or services provided are
    38  sufficient [and]. The court may, at any time, subject to the  provisions
    39  of  section  seven hundred forty-eight of this article, order that addi-
    40  tional diversion attempts be undertaken by the designated  lead  agency.
    41  The  court  may  order  the youth and the parent or other person legally
    42  responsible for the youth to participate in diversion services.  If  the
    43  designated  lead agency thereafter determines that [the] a case referred
    44  for diversion efforts under this section has been successfully resolved,
    45  it shall so notify the court, and the court shall dismiss the petition.
    46    § 4. Subparagraph (A) of paragraph (i) of subdivision (f)  of  section
    47  1012  of  the family court act, as amended by chapter 469 of the laws of
    48  1971, is amended to read as follows:
    49    (A) in supplying the child with adequate food,  clothing,  shelter  or
    50  education  in  accordance  with  the  provisions  of part one of article
    51  sixty-five of the education law, or  medical,  dental,  optometrical  or
    52  surgical  care, though financially able to do so or offered financial or
    53  other reasonable means to do so , or, in the case of an alleged  failure
    54  of the respondent to provide education to the child, notwithstanding the
    55  efforts  of  the  school  district or local educational agency and child
        A. 9941                             3
 
     1  protective agency to ameliorate such alleged failure prior to the filing
     2  of the petition; or
     3    §  5.  Section 1031 of the family court act is amended by adding a new
     4  subdivision (g) to read as follows:
     5    (g) Where a petition under this article contains an  allegation  of  a
     6  failure  by  the respondent to provide education to the child in accord-
     7  ance with article sixty-five of the education law, regardless of whether
     8  such allegation is the sole allegation of  the  petition,  the  petition
     9  shall  recite  the  efforts  undertaken by the petitioner and the school
    10  district or local educational agency to ameliorate such alleged  failure
    11  prior  to the filing of the petition and the grounds for concluding that
    12  the educational problems could not be resolved absent the  filing  of  a
    13  petition under this article.
    14    §  6.  Section 1035 of the family court act is amended by adding a new
    15  subdivision (g) to read as follows:
    16    (g) Where the petition filed under this article contains an allegation
    17  of a failure by the respondent to provide  education  to  the  child  in
    18  accordance with article sixty-five of the education law, the court shall
    19  cause  a  copy  of  the  petition and notice of the time and place to be
    20  heard to be sent to the school  district  or  local  educational  agency
    21  identified by the petitioner in the petition in accordance with subdivi-
    22  sion  (g)  of section one thousand thirty-one of this article. Where the
    23  court determines that participation and/or assistance would aid  in  the
    24  resolution  of  the  petition, such school district or local educational
    25  agency may be joined by the court as a necessary party and may be  asked
    26  to  provide assistance in accordance with section two hundred fifty-five
    27  of this act.
    28    § 7. This act shall take effect on the ninetieth day  after  it  shall
    29  have become a law.