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A07599 Summary:

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A07599 Floor Votes:

A07599 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7599--B
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 10, 2011
                                       ___________
 
        Introduced  by  M.  of A. ROBINSON -- (at request of the Office of Court
          Administration) -- read once and referred to the Committee on Children
          and Families -- reported and referred to the  Committee  on  Codes  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee -- reported and referred to the  Commit-

          tee  on  Rules  --  Rules  Committee discharged, bill amended, ordered
          reprinted as amended and recommitted to the Committee on Rules
 
        AN ACT to amend the family court act, in relation to warrants and orders
          of protection in persons in need of supervision cases
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivisions (g) and (h) of section 735 of the family court
     2  act,  as added by section 7 of part E of chapter 57 of the laws of 2005,
     3  are amended to read as follows:
     4    (g) (i) The designated lead agency shall promptly give written  notice
     5  to the potential petitioner whenever attempts to prevent the filing of a
     6  petition  have  terminated,  and  shall  indicate in such notice whether
     7  efforts were successful. The  notice  shall  also  detail  the  diligent

     8  attempts  made  to divert the case if a determination has been made that
     9  there is no substantial likelihood that  the  youth  will  benefit  from
    10  further  attempts.  No  persons  in  need of supervision petition may be
    11  filed pursuant to this article during the  period  the  designated  lead
    12  agency is providing diversion services. A finding by the designated lead
    13  agency  that  the  case  has been successfully diverted shall constitute
    14  presumptive evidence that the underlying allegations have been  success-
    15  fully  resolved in any petition based upon the same factual allegations.
    16  No petition may be filed pursuant to this article by the parent or other
    17  person legally responsible for the youth where diversion  services  have
    18  been  terminated  because  of  the failure of the parent or other person
    19  legally responsible for the youth to consent to or actively participate.
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09516-08-1
        A. 7599--B                          2
 
     1    (ii) [The] Except as provided in paragraph (iii) of this  subdivision,
     2  the clerk of the court shall accept a petition for filing only if it has
     3  attached thereto the following notices:
     4    (A)  if the potential petitioner is the parent or other person legally
     5  responsible for the youth, a notice  from  the  designated  lead  agency
     6  indicating  there  is no bar to the filing of the petition as the poten-
     7  tial petitioner consented to  and  actively  participated  in  diversion
     8  services; and

     9    (B)  a  notice  from  the  designated  lead agency stating that it has
    10  terminated diversion services because it has determined that there is no
    11  substantial likelihood that the youth and his or her family will benefit
    12  from further attempts, and that  the  case  has  not  been  successfully
    13  diverted.
    14    (iii) The clerk of the court shall accept a petition for filing if:
    15    (A)  the  potential  petitioner  is  requesting that the court issue a
    16  warrant pursuant to section seven hundred thirty-eight of this  article,
    17  because  the  respondent has absconded from the home and is unable to be
    18  located and the potential petitioner has met with  the  designated  lead
    19  agency  which must make efforts to locate the child and those efforts by
    20  the designated lead agency have not located the child; or

    21    (B) the potential petitioner is requesting  that  the  court  issue  a
    22  temporary  order  of protection, pursuant to section seven hundred forty
    23  of this article, because the respondent poses an imminent risk  of  harm
    24  to the potential petitioner or member of his or her household.
    25    (h)  No  statement made to the designated lead agency or to any agency
    26  or organization to which the potential  respondent  has  been  referred,
    27  prior  to the filing of the petition, or if the petition has been filed,
    28  prior to the time the respondent has  been  notified  that  attempts  at
    29  diversion  will  not  be  made  or have been terminated, or prior to the
    30  commencement of a fact-finding hearing if attempts at diversion have not
    31  terminated previously, may be admitted into evidence at  a  fact-finding

    32  hearing or, if the proceeding is transferred to a criminal court, at any
    33  time prior to a conviction.
    34    §  2.  Subdivision  (b)  of  section  742  of the family court act, as
    35  amended by section 9 of part E of chapter 57 of the  laws  of  2005,  is
    36  amended to read as follows:
    37    (b)  At  the  initial  appearance  of  the respondent, the court shall
    38  review any termination of diversion services pursuant to  such  section,
    39  and  the  documentation  of  diligent  attempts  to  provide appropriate
    40  services and determine whether such efforts  or  services  provided  are
    41  sufficient  [and]. The court may, at any time, subject to the provisions
    42  of section seven hundred forty-eight of this article, order  that  addi-
    43  tional  diversion  attempts be undertaken by the designated lead agency.

    44  The court may order the youth and the parent  or  other  person  legally
    45  responsible  for  the youth to participate in diversion services. At the
    46  initial appearance of the respondent on a petition filed  in  accordance
    47  with  subparagraph  (A) of paragraph (iii) of subdivision (g) of section
    48  seven hundred thirty-five of this article, the  court  shall  refer  the
    49  respondent  and  parent  to  the  designated  lead  agency for diversion
    50  attempts, unless the court determines that there is a substantial  like-
    51  lihood  that  the child would abscond or there is no substantial likeli-
    52  hood that the youth and his or her family would benefit  from  diversion
    53  attempts.    At  the  initial appearance of the respondent on a petition

    54  filed in accordance with subparagraph (B) of paragraph (iii) of subdivi-
    55  sion (g) of section seven hundred thirty-five of this article, the court
    56  shall refer the respondent and parent to the designated lead agency  for
        A. 7599--B                          3
 
     1  diversion attempts, unless the court determines that the child continues
     2  to  pose  an  imminent  risk to the petitioner or a member of his or her
     3  household or that there is no substantial likelihood that the  youth  or
     4  his  or  her family would benefit from diversion attempts. If the desig-
     5  nated lead agency thereafter determines that [the] a case  referred  for
     6  diversion  efforts under this section has been successfully resolved, it

     7  shall so notify the court, and the court shall dismiss the petition.
     8    § 3. This act shall take effect on the ninetieth day  after  it  shall
     9  have become a law.