STATE OF NEW YORK
________________________________________________________________________
4519
2013-2014 Regular Sessions
IN SENATE
April 5, 2013
___________
Introduced by Sen. FELDER -- (at request of the Office of Court Adminis-
tration) -- 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 transfers of juve-
nile delinquents placed by the family court in conjunction with a
"close to home" initiative
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 355.1 of the family court act, as
2 amended by section 8 of subpart A of part G of chapter 57 of the laws of
3 2012, is amended to read as follows:
4 2. An order issued under section 353.3, may, upon a showing of a
5 substantial change of circumstances, be set aside, modified, vacated or
6 terminated upon motion of the commissioner of social services or the
7 office of children and family services with whom the respondent has been
8 placed.
9 (a)(i) For a social services district that only has an approved plan
10 to implement programs for juvenile delinquents placed in non-secure
11 settings as part of an approved juvenile justice services close to home
12 initiative pursuant to section four hundred four of the social services
13 law, beginning on the effective date of that plan, if the district
14 determines that placement in a limited secure facility is appropriate
15 and consistent with the need for protection of the community and the
16 needs and best interests of the respondent placed into its care, the
17 social services district shall file a petition to transfer the custody
18 of the respondent to the office of children and family services, and
19 shall provide a copy of such petition to such office, the respondent,
20 the attorney for the respondent, the presentment agency and the respond-
21 ent's parent or parents or legal guardian or guardians. The court, after
22 notice having been given, shall give the office, the respondent and his
23 or her attorney and the presentment agency an opportunity to be heard
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09328-01-3
S. 4519 2
1 within thirty days or, if the respondent is in detention pending such
2 motion, within ten days of the filing of the petition, unless upon good
3 cause the petition may be adjourned for an additional period not to
4 exceed ten days. The court shall render a decision whether the [juve-
5 nile delinquent] respondent should be transferred to the office within
6 [seventy-two hours] ten days of the hearing, excluding weekends and
7 public holidays. The family court shall[, after allowing the office of
8 children and family services and the attorney for the respondent, after
9 notice having been given, an opportunity to be heard,] grant such a
10 petition only if the court determines, and states in its written order,
11 the reasons why a limited secure placement is necessary and consistent
12 with the needs and best interests of the respondent and the need for
13 protection of the community.
14 (ii) For a social services district with an approved plan or approved
15 plans that cover juvenile delinquents placed in non-secure or in non-se-
16 cure and in limited secure settings as part of an approved juvenile
17 justice services close to home initiative pursuant to section four
18 hundred four of the social services law, beginning on the effective date
19 of the plan, if the district determines that a secure level of placement
20 is appropriate and consistent with the need for protection of the commu-
21 nity and the needs and best interests of the respondent placed into its
22 care, the social services district shall file a petition to transfer the
23 custody of the respondent to the office of children and family services,
24 and shall provide a copy of such petition to such office, the respond-
25 ent, the attorney for the respondent, the presentment agency and the
26 respondent's parent or parents or legal guardian or guardians. The
27 court, after notice having been given, shall give the office, the
28 respondent and his or her attorney and the presentment agency an oppor-
29 tunity to be heard within thirty days or, if the respondent is in
30 detention pending such motion, within ten days of the filing of the
31 petition, unless upon good cause the petition may be adjourned for an
32 additional period not to exceed ten days. The court shall render a
33 decision whether the youth should be transferred within [seventy-two
34 hours] ten days of the hearing, excluding weekends and public holidays.
35 The family court shall[, after allowing the office of children and fami-
36 ly services and the attorney for the respondent, after notice having
37 been given, an opportunity to be heard,] grant such a petition only if
38 the court determines, and states in its written order, that the youth
39 needs a secure level of placement because:
40 (A) the respondent has been shown to be exceptionally dangerous to
41 himself or herself or to other persons. Exceptionally dangerous behavior
42 may include, but is not limited to, one or more serious intentional
43 assaults, sexual assaults or setting fires; or
44 (B) the respondent has demonstrated by a pattern of behavior that he
45 or she needs a more structured setting and the social services district
46 has considered the appropriateness and availability of a transfer to an
47 alternative non-secure or limited secure facility. Such behavior may
48 include, but is not limited to: disruptions in facility programs;
49 continuously and maliciously destroying property; or, repeatedly commit-
50 ting or inciting other youth to commit assaultive or destructive acts.
51 (iii) The court may order that the respondent be housed in a local
52 secure detention facility on an interim basis pending its final ruling
53 on the petition filed pursuant to this paragraph.
54 (b) The following provisions shall apply if the office of children and
55 family services files a petition with a family court in a social
56 services district with an approved juvenile justice services close to
S. 4519 3
1 home initiative pursuant to section four hundred four of the social
2 services law to transfer, within the first ninety days that such plan is
3 effective, to such district a respondent placed in the office's care
4 pursuant to either section 353.3 or 353. 5 of this part:
5 (i) Such a petition shall be provided to the respondent, the attorney
6 for the respondent, the social services district, the presentment agency
7 and the respondent's parent or parents or legal guardian or guardians.
8 If the district only has an approved plan that covers juvenile delin-
9 quents placed in non-secure settings, the family court shall grant such
10 a petition, without a hearing, unless the attorney for the respondent,
11 after notice, objects to the transfer on the basis that the respondent
12 needs to be placed with the office or the family court determines that
13 there is insufficient information in the petition to grant the transfer
14 without a hearing. The family court shall grant the petition absent good
15 cause and unless the court determines, and states in its written order,
16 the reasons why continued placement with the office is necessary and
17 consistent with the needs and best interests of the respondent and the
18 need for protection of the community.
19 (ii) If the district has an approved plan or approved plans that cover
20 juvenile delinquents placed in non-secure and in limited secure
21 settings, for the first ninety days that the plan that covers juvenile
22 delinquents in limited secure settings is effective, the family court
23 shall grant such a petition, without a hearing, unless the attorney for
24 the respondent, after notice, objects to the transfer on the basis that
25 the respondent needs to be placed with the office or the family court
26 determines that there is insufficient information in the petition to
27 grant the transfer without a hearing. The family court shall grant the
28 petition absent good cause and unless the court determines, and states
29 in its written order, the reasons why continued placement with the
30 office is necessary and consistent with the needs and best interests of
31 the respondent and the need for protection of the community.
32 (c) Beginning ninety-one days after the effective date a social
33 services district's plan to implement programs for juvenile justice
34 services close to home initiative pursuant to section four hundred four
35 of the social services law, if the office of children and family
36 services files a petition to transfer to such district a respondent
37 placed in the office's care pursuant to either section 353.3 or 353.5 of
38 this part from a family court in such a social services district, the
39 office shall provide a copy of the petition to the social services
40 district, the attorney for the respondent, the respondent's parent or
41 parents or legal guardian or guardians and the presentment agency.
42 (i) If the district only has an approved plan that covers juvenile
43 delinquents placed in non-secure settings, the family court shall, after
44 allowing the social services district, the attorney for the respondent
45 and the presentment agency an opportunity to be heard, grant a petition
46 filed pursuant to this subparagraph unless the court determines, and
47 states in its written order, the reasons why a secure or limited secure
48 placement is necessary and consistent with the needs and best interests
49 of the respondent and the need for protection of the community.
50 (ii) If the district has an approved plan or approved plans that cover
51 juvenile delinquents placed in non-secure and limited secure settings,
52 beginning ninety-one days after the effective date of the plan that
53 covers juvenile delinquents placed in limited secure settings, the fami-
54 ly court, after allowing the social services district, the attorney for
55 the respondent and the presentment agency an opportunity to be heard,
56 shall grant a petition filed pursuant to this subparagraph, unless the
S. 4519 4
1 court determines, and states in its written order, the reasons why a
2 secure placement is necessary and consistent with the needs and best
3 interests of the respondent and the need for protection of the communi-
4 ty.
5 § 2. This act shall take effect immediately; provided, however, the
6 amendments to subdivision 2 of section 355.1 of the family court act
7 made by section one of this act shall not affect the expiration and
8 reversion of such subdivision and shall expire and be deemed repealed
9 therewith.
