New York State Assembly

 
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A07557 Summary:

A07557 Actions:

A07557 Committee Votes:

Committee:CHILDREN AND FAMILIES   Chair:Jaffee      
DATE:05/16/2017AYE/NAY:14/0  Action: Favorable refer to committee Codes        
Jaffee
Aye
Walsh
Aye
Arroyo
Aye
Friend
Aye
Titus
Aye
Errigo
Aye
Mayer
Aye
Miller
Absent
Fahy
Aye
Davila
Absent
Richardson
Aye
Harris
Aye
Williams
Absent
Barnwell
Aye
Wright
Aye
Vanel
Aye
Jean-Pierre
Aye

Committee:CODES   Chair:Lentol      
DATE:05/23/2017AYE/NAY:20/0  Action: Favorable         
Lentol
Aye
Graf
Aye
Schimminger
Aye
Giglio
Aye
Weinstein
Aye
McKevitt
Aye
Pretlow
Aye
Montesano
Aye
Cook
Aye
Ra
Aye
Cymbrowitz
Aye
Morinello
Aye
Titus
Aye
O'Donnell
Aye
Lavine
Aye
Perry
Aye
Zebrowski
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Absent
Hevesi
Excused
Fahy
Aye

A07557 Floor Votes:

A07557 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7557
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                       May 2, 2017
                                       ___________
 
        Introduced  by  M.  of A. DAVILA, JAFFEE -- (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, paragraph  (iii)
     3  of  subdivision  (d)  and  paragraph (ii) of subdivision (g) as added by
     4  section 7 of part E of chapter 57 of the laws of 2005,  are  amended  to
     5  read as follows:
     6    (iii) where the entity seeking to file a petition is a school district
     7  or local educational agency or where the parent or other potential peti-
     8  tioner  indicates that the proposed petition will include truancy and/or
     9  conduct in school as an allegation, the  designated  lead  agency  shall
    10  review the steps taken by the school district or local educational agen-
    11  cy  to  improve  the  youth's  attendance  and/or  conduct in school and
    12  attempt to engage the school district or  local  educational  agency  in
    13  further diversion attempts, if it appears from review that such attempts
    14  will  be  beneficial  to the youth.   Where the school district or local
    15  educational agency is not the potential petitioner, the designated  lead
    16  agency  shall  contact such district or agency to resolve the truancy or
    17  school behavioral problems of the youth in order to obviate the need  to
    18  file a petition or, at minimum, to remediate the education-related alle-
    19  gations of the proposed petition.
    20    (ii) The clerk of the court shall accept a petition for filing only if
    21  it has attached thereto the following:
    22    (A)  if the potential petitioner is the parent or other person legally
    23  responsible for the youth, a notice  from  the  designated  lead  agency
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10674-01-7
        A. 7557                             2
 
     1  indicating  there  is no bar to the filing of the petition as the poten-
     2  tial petitioner consented to  and  actively  participated  in  diversion
     3  services; and
     4    (B)  a  notice  from  the  designated  lead agency stating that it has
     5  terminated diversion services because it has determined that there is no
     6  substantial likelihood that the youth and his or her family will benefit
     7  from further attempts, and that  the  case  has  not  been  successfully
     8  diverted; and
     9    (C) where the proposed petition contains allegations of truancy and/or
    10  school  misbehavior,  whether or not the school district or local educa-
    11  tional agency is the proposed petitioner, a notice from  the  designated
    12  lead  agency  regarding the diversion efforts undertaken and/or services
    13  provided by the designated lead agency and/or by the school district  or
    14  local  educational  agency  to  the youth and the grounds for concluding
    15  that the education-related allegations could not be resolved absent  the
    16  filing of a petition under this article.
    17    §  2.  Section  736 of the family court act is amended by adding a new
    18  subdivision 4 to read as follows:
    19    (4) Where the petition contains allegations of truancy  and/or  school
    20  misbehavior and where the school district or local educational agency is
    21  not  the petitioner and where, at any stage of the proceeding, the court
    22  determines that assistance by the school district or  local  educational
    23  agency may aid in the resolution of the education-related allegations in
    24  the  petition,  the  school  district or local educational agency may be
    25  notified by the court and given an opportunity to be heard.
    26    § 3. Subdivision (b) of section  742  of  the  family  court  act,  as
    27  amended  by  section  9  of part E of chapter 57 of the laws of 2005, is
    28  amended to read as follows:
    29    (b) At the initial appearance  of  the  respondent,  the  court  shall
    30  review  any  termination of diversion services pursuant to such section,
    31  and the  documentation  of  diligent  attempts  to  provide  appropriate
    32  services  and  determine  whether  such efforts or services provided are
    33  sufficient [and]. The court may, at any time, subject to the  provisions
    34  of  section  seven hundred forty-eight of this article, order that addi-
    35  tional diversion attempts be undertaken by the designated  lead  agency.
    36  The  court  may  order  the youth and the parent or other person legally
    37  responsible for the youth to participate in diversion services.  If  the
    38  designated  lead agency thereafter determines that [the] a case referred
    39  for diversion efforts under this section has been successfully resolved,
    40  it shall so notify the court, and the court shall dismiss the petition.
    41    § 4. Subparagraph (A) of paragraph (i) of subdivision (f)  of  section
    42  1012  of  the family court act, as amended by chapter 469 of the laws of
    43  1971, is amended to read as follows:
    44    (A) in supplying the child with adequate food,  clothing,  shelter  or
    45  education  in  accordance  with  the  provisions  of part one of article
    46  sixty-five of the education law, or  medical,  dental,  optometrical  or
    47  surgical  care, though financially able to do so or offered financial or
    48  other reasonable means to do so, or, in the case of an  alleged  failure
    49  of the respondent to provide education to the child, notwithstanding the
    50  efforts  of  the  school  district or local educational agency and child
    51  protective agency to ameliorate such alleged failure prior to the filing
    52  of the petition; or
    53    § 5. Section 1031 of the family court act is amended by adding  a  new
    54  subdivision (g) to read as follows:
    55    (g)  Where  a  petition under this article contains an allegation of a
    56  failure by the respondent to provide education to the child  in  accord-
        A. 7557                             3
 
     1  ance with article sixty-five of the education law, regardless of whether
     2  such  allegation  is  the  sole allegation of the petition, the petition
     3  shall recite the efforts undertaken by the  petitioner  and  the  school
     4  district  or  local educational agency to remediate such alleged failure
     5  prior to the filing of the petition and the grounds for concluding  that
     6  the  education-related  allegations  could  not  be  resolved absent the
     7  filing of a petition under this article.
     8    § 6. Section 1035 of the family court act is amended by adding  a  new
     9  subdivision (g) to read as follows:
    10    (g) Where the petition filed under this article contains an allegation
    11  of  a  failure  by  the  respondent to provide education to the child in
    12  accordance with article sixty-five of the education law,  and  where  at
    13  any stage of the proceeding, the court determines that assistance by the
    14  school  district or local educational agency would aid in the resolution
    15  of the education-related allegation, the school district or local educa-
    16  tional agency may be notified by the court and given an  opportunity  to
    17  be heard.
    18    §  7.  This  act shall take effect on the ninetieth day after it shall
    19  have become a law.