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A10639 Summary:

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A10639 Floor Votes:

A10639 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10639
 
                   IN ASSEMBLY
 
                                      June 12, 2012
                                       ___________
 
        Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Robinson,
          Paulin) -- (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 warrants and orders
          of protection in persons in need of supervision cases 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 (ii) of subdivision (g) and  subdivision  (h)  of
     2  section  735 of the family court act, as added by section 7 of part E of
     3  chapter 57 of the laws of 2005, are amended and a new paragraph (iii) of
     4  subdivision (g) is added to read as follows:
     5    (ii) [The] Except as provided in paragraph (iii) of this  subdivision,
     6  the clerk of the court shall accept a petition for filing only if it has
     7  attached thereto the following notices:
     8    (A)  if the potential petitioner is the parent or other person legally
     9  responsible for the youth, a notice  from  the  designated  lead  agency
    10  indicating  that  there  is  no bar to the filing of the petition as the

    11  potential petitioner consented to and actively participated in diversion
    12  services; and
    13    (B) a notice from the designated  lead  agency  stating  that  it  has
    14  terminated diversion services because it has determined that there is no
    15  substantial likelihood that the youth and his or her family will benefit
    16  from  further  attempts,  and  that  the  case has not been successfully
    17  diverted.
    18    (iii) the clerk of the court shall accept a petition for filing if:
    19    (A) the potential petitioner is requesting  that  the  court  issue  a
    20  warrant  pursuant  to  section  seven hundred thirty-eight of this part,
    21  because the respondent has absconded from the home and is unable  to  be
    22  located, despite the efforts of the potential petitioner; or
    23    (B)  the  potential  petitioner  is  requesting that the court issue a

    24  temporary order of protection, pursuant to section seven  hundred  forty
    25  of  this  part, because the respondent poses an imminent risk of harm to
    26  the potential petitioner or members of his or her household.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15858-01-2
        A. 10639                            2
 
     1    (h) No statement made to the designated lead agency or to  any  agency
     2  or  organization  to  which  the potential respondent has been referred,
     3  prior to the filing of the petition, or if the petition has been  filed,
     4  prior  to  the  time  the  respondent has been notified that attempts at

     5  diversion  will  not  be  made  or have been terminated, or prior to the
     6  commencement of a fact-finding hearing if attempts at diversion have not
     7  terminated previously, may be admitted into evidence at  a  fact-finding
     8  hearing or, if the proceeding is transferred to a criminal court, at any
     9  time prior to a conviction.
    10    §  2.  Subdivision  (b)  of  section  742  of the family court act, as
    11  amended by section 9 of part E of chapter 57 of the  laws  of  2005,  is
    12  amended to read as follows:
    13    (b)  At  the  initial  appearance  of  the respondent, the court shall
    14  review any termination of diversion services pursuant to  such  section,
    15  and  the  documentation  of  diligent  attempts  to  provide appropriate
    16  services and determine whether such efforts  or  services  provided  are
    17  sufficient  [and  may,].  The  court  may,  at  any time, subject to the

    18  provisions of section seven hundred forty-eight of this  article,  order
    19  that  additional diversion attempts be undertaken by the designated lead
    20  agency. The court may order the youth and the  parent  or  other  person
    21  legally  responsible for the youth to participate in diversion services.
    22  At the initial appearance of the  respondent  on  a  petition  filed  in
    23  accordance  with  subparagraph (A) of paragraph (iii) of subdivision (g)
    24  of section seven hundred thirty-five of this article,  the  court  shall
    25  refer the respondent and parent to the designated lead agency for diver-
    26  sion  attempts,  unless the court determines that there is a substantial
    27  likelihood that the child would abscond or there is no substantial like-
    28  lihood that the youth and his or her family would benefit from diversion

    29  attempts. At the initial appearance of  the  respondent  on  a  petition
    30  filed in accordance with subparagraph (B) of paragraph (iii) of subdivi-
    31  sion (g) of section seven hundred thirty-five of this article, the court
    32  shall  refer the respondent and parent to the designated lead agency for
    33  diversion attempts, unless the court determines that the child continues
    34  to pose an imminent risk to the petitioner or a member  of  his  or  her
    35  family  would  benefit  from  diversion attempts. If the designated lead
    36  agency thereafter determines that [the] a case  referred  for  diversion
    37  efforts  under  this section has been successfully resolved, it shall so
    38  notify the court, and the court shall dismiss the petition.

    39    § 3. This act shall take effect on the ninetieth day  after  it  shall
    40  have become a law.