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A09720 Summary:

A09720 Actions:

A09720 Floor Votes:

A09720 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9720
 
                   IN ASSEMBLY
 
                                      May 19, 2014
                                       ___________
 
        Introduced  by M. of A. LUPARDO, CYMBROWITZ, COOK, TITONE, BROOK-KRASNY,
          MILLMAN, GOTTFRIED, CLARK, MOSLEY, COLTON -- Multi-Sponsored by --  M.
          of  A.  ARROYO,  CAMARA, GALEF, JACOBS, PERRY, SCARBOROUGH, SWEENEY --
          (at request of the Office of Alcoholism and Substance Abuse  Services)
          -- read once and referred to the Committee on Children and Families
 

        AN ACT to amend the family court act, in relation to assessment services
          for youth alleged to be suffering from substance use disorder
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision (i) of section 712 of the family court act,  as
     2  added  by  section  1  of  part  E of chapter 57 of the laws of 2005, is
     3  amended, and four new subdivisions (j), (k), (l) and (m)  are  added  to
     4  read as follows:
     5    (i)  "Diversion  services". Services provided to children and families
     6  pursuant to section seven hundred thirty-five of this  article  for  the
     7  purpose  of avoiding the need to file a petition or direct the detention
     8  of the child. Diversion services shall include: efforts to adjust  cases
     9  pursuant  to this article before a petition is filed, or by order of the

    10  court, after the petition is filed but before fact-finding is commenced;
    11  and preventive services provided in accordance with section four hundred
    12  nine-a of the social services law to avert the placement  of  the  child
    13  into  foster  care,  including crisis intervention and respite services.
    14  Diversion services may also include, in cases where any person is  seek-
    15  ing  to  file a petition that alleges that the child has a substance use
    16  disorder or is in need of  immediate  detoxification  or  substance  use
    17  disorder  services,  an assessment for substance use disorder; provided,
    18  however, that notwithstanding any other provision of law to the  contra-
    19  ry,  the  designated lead agency shall not be required to pay for all or
    20  any portion of the costs of such assessment or substance use disorder or

    21  detoxification services, except in cases where  medical  assistance  for
    22  needy  persons may be used to pay for all or any portion of the costs of
    23  such assessment or services.
    24    (j) "Substance  use  disorder".  The  misuse  of,  dependence  on,  or
    25  addiction  to  alcohol  and/or legal or illegal drugs leading to effects
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13914-05-4
        A. 9720                             2
 
     1  that are detrimental to the person's physical and mental health  or  the
     2  welfare of others.
     3    (k)  "Assessment for substance use disorder". Assessment by a provider

     4  that has been certified by the office of alcoholism and substance  abuse
     5  services of a person less than eighteen years of age where it is alleged
     6  that  the  youth  is suffering from a substance use disorder which could
     7  make a youth a danger to himself or herself or others.
     8    (l) "A substance use disorder which could make a  youth  a  danger  to
     9  himself or herself or others". A substance use disorder that is accompa-
    10  nied  by  the  dependence  on, or the repeated use or abuse of, drugs or
    11  alcohol to the point of intoxication such that the person is in need  of
    12  immediate detoxification or other substance use disorder services.
    13    (m) "Substance use disorder services". Substance use disorder services

    14  shall  have  the  same  meaning  as  provided for in section 1.03 of the
    15  mental hygiene law.
    16    § 2. Subdivision (b) of section 735 of the family court act, as  added
    17  by  section 7 of part E of chapter 57 of the laws of 2005, is amended to
    18  read as follows:
    19    (b) The designated lead agency shall:
    20    (i) confer with any person seeking to file a petition, the  youth  who
    21  may  be  a potential respondent, his or her family, and other interested
    22  persons, concerning the provision of diversion services before any peti-
    23  tion may be filed; and
    24    (ii) diligently attempt to prevent the filing of a petition under this
    25  article or, after the petition is filed, to prevent the placement of the
    26  youth into foster care; and
    27    (iii) assess whether the youth would benefit from residential  respite
    28  services; and

    29    (iv)  determine  whether  alternatives to detention are appropriate to
    30  avoid remand of the youth to detention; and
    31    (v) determine whether an assessment of the  youth  for  substance  use
    32  disorder  by an office of alcoholism and substance abuse services certi-
    33  fied provider is necessary when a person  seeking  to  file  a  petition
    34  alleges  in  such  petition that the youth is suffering from a substance
    35  use disorder which could make the youth a danger to himself  or  herself
    36  or  others.  Provided, however, that notwithstanding any other provision
    37  of law to the contrary, the designated lead agency shall not be required
    38  to pay for all or any portion of the costs of such assessment or for any

    39  substance use disorder or detoxification services, except in cases where
    40  medical assistance for needy persons may be used to pay for all  or  any
    41  portion  of  the  costs  of such assessment or services.   The office of
    42  alcoholism and substance abuse services shall make a list of its  certi-
    43  fied providers available to the designated lead agency.
    44    § 3. This act shall take effect on the one hundred eightieth day after
    45  it  shall  have  become a law. Effective immediately, any rules or regu-
    46  lations necessary for the implementation of this act  on  its  effective
    47  date may be promulgated prior to such effective date.