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.
STATE OF NEW YORK
________________________________________________________________________
2303
2025-2026 Regular Sessions
IN SENATE
January 16, 2025
___________
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 themself, with a recommendation as to the need for a restrictive place-
22 ment.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06270-01-5
S. 2303 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] themself or others, the court may
19 issue an order placing such respondent with the office of children and
20 family services or, with the consent of the local commissioner, with a
21 local commissioner of social services, or the commissioner of mental
22 health or the commissioner of developmental disabilities consistent with
23 placement provisions as outlined in chapter seven hundred fifty-seven of
24 the laws of nineteen hundred seventy-seven, chapter five hundred sixty-
25 three of the laws of nineteen hundred eighty and article eighty-one of
26 the education law, and/or any voluntary or not-for-profit agency
27 licensed under these provisions of law not inconsistent with the rules
28 and regulations governing the placement of clients. Any such order shall
29 direct the temporary transfer for admission of the respondent to the
30 custody of either the commissioner of mental health or the commissioner
31 of developmental disabilities who shall arrange the admission of the
32 respondent to the appropriate facility of the department of mental
33 hygiene. The director of a hospital operated by the office of mental
34 health may, subject to the provisions of section 9.51 of the mental
35 hygiene law, transfer a person admitted to the hospital pursuant to this
36 subdivision to a residential treatment facility for children and youth,
37 as that term is defined in section 1.03 of the mental hygiene law, if
38 care and treatment in such a facility would more appropriately meet the
39 needs of the respondent. Persons temporarily transferred to such custody
40 under this provision may be retained for care and treatment for a period
41 of up to one year and whenever appropriate shall be transferred back to
42 the 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
52 [himself or herself] themself as manifested by threats or attempts at
53 suicide or serious bodily harm or other conduct demonstrating [he or she
54 is] they are dangerous to [himself or herself] themself or (b) a
55 substantial risk of physical harm to other persons as manifested by
S. 2303 3
1 homicidal or other violent behavior by which others are placed in
2 reasonable fear of serious bodily harm.
3 4. No order of disposition placing the respondent in accordance with
4 this section shall be entered except upon clear and convincing evidence
5 which shall include the testimony of [two examining physicians as
6 provided in section two hundred fifty-one] the interdisciplinary team
7 established in subdivision three of section 351.1 of this part.
8 § 4. This act shall take effect on the first of November next succeed-
9 ing the date on which it shall have become a law.
