Provides for the issuance of summonses to each parent, including a non-custodial parent, of any juvenile who is the subject of a juvenile delinquency petition.
STATE OF NEW YORK
________________________________________________________________________
2480
2011-2012 Regular Sessions
IN ASSEMBLY
January 19, 2011
___________
Introduced by M. of A. CLARK -- read once and referred to the Committee
on Children and Families
AN ACT to amend the family court act, in relation to service of summons-
es upon parents in juvenile delinquency cases
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 312.1 of the family court act is amended by adding
2 a new subdivision 4 to read as follows:
3 4. Upon the filing of a petition under this article, the court shall
4 issue a summons to each parent of the respondent, including a non-custo-
5 dial parent, apart from the parent or person legally responsible named
6 in subdivision one of this section, provided that the address of such
7 noticed parent has been provided by the division of probation and
8 correctional alternatives or presentment agency. The division of
9 probation and correctional alternatives and presentment agency shall ask
10 the custodial parent or person legally responsible for information
11 regarding any other parent or parents of the respondent. The summons
12 shall provide notice to the parent or parents of the right to appear and
13 participate in the proceeding and to seek temporary release or, upon
14 disposition, direct placement, of the respondent. The presentment agency
15 shall personally serve the summons and petition at least twenty-four
16 hours before the time stated in such summons and petition for appear-
17 ance, or may serve the summons and petition by mail at least five days
18 before such date. The failure of such noticed parent to appear shall not
19 be cause for delay of the respondent's initial appearance, as defined by
20 section 320.1 of this article.
21 § 2. This act shall take effect on the ninetieth day after it shall
22 have become a law, and shall apply to any juvenile who is the subject of
23 a juvenile delinquency petition filed on or after such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06537-01-1
