S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8503

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 26, 2009
                               ___________

Introduced  by M. of A. SCARBOROUGH, BRADLEY, COOK -- Multi-Sponsored by
  -- M. of A. COLTON, JOHN, TOWNS, WEISENBERG, WRIGHT -- (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,  the  education  law,  the  social
  services law and the executive law, in relation to permanency planning
  and  dispositional alternatives in juvenile delinquency and persons in
  need of supervision proceedings

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 312.1 of the family court act is amended by adding
a new subdivision 4 to read as follows:
  4. UPON THE FILING OF A PETITION UNDER THIS ARTICLE,  THE  PRESENTMENT
AGENCY  SHALL  NOTIFY  ANY  NON-CUSTODIAL  PARENT  OF THE RESPONDENT NOT
SUMMONSED IN ACCORDANCE WITH SUBDIVISION ONE OF THIS  SECTION,  PROVIDED
THAT THE ADDRESS OF EACH PARENT HAS BEEN PROVIDED. THE PROBATION DEPART-
MENT  AND  PRESENTMENT  AGENCY  SHALL ASK THE CUSTODIAL PARENT OR PERSON
LEGALLY RESPONSIBLE FOR THE RESPONDENT, FOR  INFORMATION  REGARDING  ANY
OTHER  NON-CUSTODIAL  PARENT  OR  PARENTS OF THE RESPONDENT.  THE NOTICE
SHALL INFORM SUCH NON-CUSTODIAL PARENT OR PARENTS OF THE RIGHT TO APPEAR
AND PARTICIPATE IN THE PROCEEDING AND TO SEEK TEMPORARY RELEASE OR, UPON
DISPOSITION, DIRECT PLACEMENT, OF THE RESPONDENT. THE PRESENTMENT AGENCY
SHALL SEND THE NOTICE TO THE NON-CUSTODIAL PARENT OR  PARENTS  AT  LEAST
FIVE  DAYS  BEFORE  THE RETURN DATE. THE FAILURE OF A PARENT ENTITLED TO
NOTICE TO APPEAR SHALL NOT  BE  CAUSE  FOR  DELAY  OF  THE  RESPONDENT'S
INITIAL APPEARANCE, AS DEFINED IN SECTION 320.1 OF THIS ARTICLE.
  S  2. Subdivision 2 of section 320.2 of the family court act, as added
by chapter 920 of the laws of 1982, is amended to read as follows:
  2. At the initial appearance the court must appoint [a  law  guardian]
AN  ATTORNEY  to  represent the respondent pursuant to the provisions of
section two hundred forty-nine OF THIS ACT if independent  legal  repre-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10485-02-9
              

A. 8503                             2

sentation is not available to such respondent.  WHENEVER AN ATTORNEY HAS
BEEN  APPOINTED BY THE FAMILY COURT TO REPRESENT A CHILD IN A PROCEEDING
UNDER THIS ARTICLE, SUCH  APPOINTMENT  SHALL  CONTINUE  WITHOUT  FURTHER
COURT  ORDER  OR  APPOINTMENT  DURING THE PERIOD COVERED BY ANY ORDER OF
DISPOSITION ISSUED BY THE COURT,  AN  ADJOURNMENT  IN  CONTEMPLATION  OF
DISMISSAL,  OR ANY EXTENSION OR VIOLATION THEREOF, OR DURING ANY PERMAN-
ENCY HEARING, OTHER POST-DISPOSITIONAL PROCEEDING OR APPEAL. ALL NOTICES
AND REPORTS REQUIRED BY LAW SHALL BE PROVIDED  TO  SUCH  ATTORNEY.  SUCH
APPOINTMENT SHALL CONTINUE UNLESS ANOTHER APPOINTMENT OF AN ATTORNEY HAS
BEEN  MADE BY THE COURT OR UNLESS SUCH ATTORNEY MAKES APPLICATION TO THE
COURT TO BE RELIEVED OF HIS OR HER APPOINTMENT. UPON  APPROVAL  OF  SUCH
APPLICATION  TO BE RELIEVED, THE COURT SHALL IMMEDIATELY APPOINT ANOTHER
ATTORNEY TO WHOM ALL NOTICES  AND  REPORTS  REQUIRED  BY  LAW  SHALL  BE
PROVIDED.  THE  ATTORNEY FOR THE RESPONDENT SHALL BE ENTITLED TO COMPEN-
SATION PURSUANT TO APPLICABLE PROVISIONS OF LAW FOR SERVICES RENDERED UP
TO AND INCLUDING DISPOSITION OF THE PETITION.  THE  ATTORNEY  SHALL,  BY
SEPARATE  APPLICATION, BE ENTITLED TO COMPENSATION FOR SERVICES RENDERED
AFTER THE DISPOSITION OF THE PETITION. NOTHING IN THIS SECTION SHALL  BE
CONSTRUED TO LIMIT THE AUTHORITY OF THE COURT TO REMOVE AN ATTORNEY FROM
HIS OR HER ASSIGNMENT.
  S  3.  Paragraphs (e) and (f) of subdivision 3 of section 353.2 of the
family court act are relettered paragraphs (f) and (g) and a  new  para-
graph (e) is added to read as follows:
  (E) COOPERATE WITH A PROGRAM OF INTENSIVE SUPERVISION BY THE PROBATION
DEPARTMENT  DURING THE PERIOD OF PROBATION OR A SPECIFIED PORTION THERE-
OF, TO THE EXTENT AVAILABLE IN THE COUNTY, UPON A FINDING ON THE  RECORD
BY  THE COURT THAT, ABSENT COOPERATION WITH SUCH A PROGRAM, PLACEMENT OF
THE RESPONDENT WOULD BE NECESSARY. SUCH A PROGRAM SHALL BE CONDUCTED  IN
ACCORDANCE  WITH  REGULATIONS  TO  BE  PROMULGATED  BY  THE  DIVISION OF
PROBATION AND CORRECTIONAL ALTERNATIVES AND MAY REQUIRE THE  RESPONDENT,
AMONG  OTHER CONDITIONS, TO COMPLY WITH A PROGRAM OF ELECTRONIC MONITOR-
ING TO THE EXTENT AVAILABLE IN THE COUNTY, AS  PROVIDED  BY  SUBDIVISION
ONE OF SECTION TWO HUNDRED FORTY-THREE OF THE EXECUTIVE LAW;
  S  4. Subdivision 6 of section 353.2 of the family court act, as added
by chapter 920 of the laws of 1982, is amended to read as follows:
  6. The maximum period of probation shall not exceed two  years,  WHICH
MAY  INCLUDE  INTENSIVE  PROBATION SUPERVISION, IN ACCORDANCE WITH PARA-
GRAPH (E) OF SUBDIVISION THREE OF THIS SECTION, TO THE EXTENT  AVAILABLE
UP TO THE TERM OF PROBATION. If the court finds at the conclusion of the
original  period  and  after  a  hearing  that exceptional circumstances
require an additional year of probation,  the  court  may  continue  the
probation for an additional year.
  S  5. Section 353.3 of the family court act is amended by adding a new
subdivision 4-a to read as follows:
  4-A. WHERE THE RESPONDENT IS PLACED  WITH  A  COMMISSIONER  OF  SOCIAL
SERVICES  OR THE OFFICE OF CHILDREN AND FAMILY SERVICES PURSUANT TO THIS
SECTION, THE DISPOSITIONAL ORDER OR AN ATTACHMENT TO THE ORDER  INCORPO-
RATED BY REFERENCE INTO THE ORDER SHALL INCLUDE:
  (A) A DESCRIPTION OF THE VISITATION PLAN;
  (B) A SERVICE PLAN, IF AVAILABLE. IF THE SERVICE PLAN HAS NOT YET BEEN
DEVELOPED, THEN THE SERVICE PLAN MUST BE FILED WITH THE COURT AND DELIV-
ERED TO THE PRESENTMENT AGENCY, ATTORNEY, AND PARENT OR PARENTS OR OTHER
PERSON OR PERSONS LEGALLY RESPONSIBLE FOR THE CARE OF THE RESPONDENT, NO
LATER THAN NINETY DAYS FROM THE DATE THE DISPOSITION WAS MADE; AND
  (C)  A DIRECTION THAT THE PARENT OR PARENTS OR OTHER PERSON OR PERSONS
LEGALLY RESPONSIBLE FOR THE RESPONDENT SHALL BE NOTIFIED OF ANY PLANNING

A. 8503                             3

CONFERENCES TO BE HELD PURSUANT TO SUBDIVISION  THREE  OF  SECTION  FOUR
HUNDRED  NINE-E OF THE SOCIAL SERVICES LAW, OF THEIR RIGHT TO ATTEND THE
CONFERENCES, AND OF THEIR RIGHT TO HAVE  COUNSEL  OR  ANOTHER  REPRESEN-
TATIVE OR COMPANION PRESENT AT SUCH CONFERENCES WITH THEM.
  A  COPY  OF  THE  COURT'S  ORDER AND ATTACHMENTS SHALL BE GIVEN TO THE
PARENT OR PARENTS OR OTHER PERSON OR PERSONS LEGALLY RESPONSIBLE FOR THE
CARE OF THE RESPONDENT. THE ORDER SHALL ALSO CONTAIN A  NOTICE  THAT  IF
THE RESPONDENT REMAINS IN PLACEMENT FOR FIFTEEN OF THE MOST RECENT TWEN-
TY-TWO  MONTHS,  THE AGENCY MAY BE REQUIRED BY LAW TO FILE A PETITION TO
TERMINATE THE PARENTAL RIGHTS OF THE PARENT OR PARENTS OF  THE  RESPOND-
ENT.
  S  6.    The  opening paragraph and paragraph (ii) of subdivision 4 of
section 355.3 of the family court act, as amended by chapter 454 of  the
laws of 1995, are amended to read as follows:
  At  the  conclusion  of  the hearing the court may, in its discretion,
order an extension of the placement for not more than one  year  OR  MAY
ORDER  THAT  THE PETITION FOR AN EXTENSION OF PLACEMENT BE DISMISSED, OR
THAT THE RESPONDENT BE PLACED ON PROBATION FOR NOT MORE THAN  ONE  YEAR,
PURSUANT  TO SECTION 353.2 OF THIS PART OR THAT THE RESPONDENT BE CONDI-
TIONALLY DISCHARGED FOR NOT MORE THAN  ONE  YEAR,  PURSUANT  TO  SECTION
353.1 OF THIS PART.  The court must consider and determine in its order:
  (ii) in the case of a respondent who has attained the age of [sixteen]
FOURTEEN,  the  services needed, if any, to assist the child to make the
transition from foster care to independent living; and
  S 7. The opening paragraph of subdivision 2, the opening paragraph  of
subdivision  3  and  paragraphs  (b) and (d) of subdivision 7 of section
355.5 of the family court act, the opening paragraph  of  subdivision  2
and  the opening paragraph of subdivision 3 as amended by chapter 145 of
the laws of 2000, paragraph (b) of subdivision 7 as added by  chapter  7
of  the  laws  of 1999, and paragraph (d) of subdivision 7 as amended by
chapter 181 of the laws of 2000, are amended and a new subdivision 10 is
added to read as follows:
  Where a respondent is placed with a commissioner of social services or
the office of children and family services pursuant to section 353.3  of
this  [article]  PART for a period of twelve or fewer months and resides
in a foster home or IN A non-secure OR LIMITED SECURE facility;
  Where a respondent is placed with a commissioner of social services or
the office of children and family services pursuant to section 353.3  of
this  [article] PART for a period in excess of twelve months and resides
in a foster home or in a non-secure OR LIMITED SECURE facility;
  (b) in the case of a respondent who has attained the age of  [sixteen]
FOURTEEN,  the services needed, if any, to assist the respondent to make
the transition from foster care to independent living;
  (d) with regard to the completion of placement ordered  by  the  court
pursuant  to  section 353.3 or 355.3 of this [article] PART: whether and
when the respondent: (i) will be returned to the parent OR PARENTS; (ii)
should be placed for adoption with  the  local  commissioner  of  social
services  filing  a  petition  for termination of parental rights; (iii)
should be referred for legal guardianship; (iv) should be placed  perma-
nently  with  a  fit  and  willing  relative; or (v) should be placed in
another planned permanent living arrangement THAT INCLUDES A SIGNIFICANT
CONNECTION TO AN ADULT WILLING TO BE A PERMANENCY RESOURCE FOR THE CHILD
if the office of children and family services or the local  commissioner
of  social  services has documented to the court a compelling reason for
determining that it would not be in the best interest of the  respondent
to  return  home,  be  referred  for  termination of parental rights and

A. 8503                             4

placed for adoption, placed with a fit and willing relative,  or  placed
with a legal guardian; and
  10.  IF  THE  ORDER  RESULTING FROM THE PERMANENCY HEARING EXTENDS THE
RESPONDENT'S PLACEMENT PURSUANT TO SECTION  355.3  OF  THIS  PART  IN  A
FOSTER  HOME OR NON-SECURE OR LIMITED SECURE FACILITY OR IF THE RESPOND-
ENT CONTINUES IN SUCH PLACEMENT UNDER A PRIOR ORDER,  THE  ORDER  OR  AN
ATTACHMENT  TO  THE ORDER INCORPORATED INTO THE ORDER BY REFERENCE SHALL
INCLUDE:
  (A) A DESCRIPTION OF THE VISITATION PLAN;
  (B) A SERVICE PLAN AIMED AT EFFECTUATING THE PERMANENCY GOAL; AND
  (C) A DIRECTION THAT THE PARENT OR PARENTS OR OTHER PERSON OR  PERSONS
LEGALLY RESPONSIBLE FOR THE RESPONDENT SHALL BE NOTIFIED OF ANY PLANNING
CONFERENCES,  INCLUDING  THOSE  HELD  PURSUANT  TO  SUBDIVISION THREE OF
SECTION FOUR HUNDRED NINE-E OF THE SOCIAL SERVICES LAW, OF  THEIR  RIGHT
TO  ATTEND  THE  CONFERENCES, AND THEIR RIGHT TO HAVE COUNSEL OR ANOTHER
REPRESENTATIVE OR COMPANION WITH THEM.
  A COPY OF THE COURT'S ORDER AND THE ATTACHMENTS SHALL BE GIVEN TO  THE
PARENT OR PARENTS OR OTHER PERSON OR PERSONS LEGALLY RESPONSIBLE FOR THE
RESPONDENT. THE ORDER SHALL ALSO CONTAIN A NOTICE THAT IF THE RESPONDENT
REMAINS IN FOSTER CARE FOR FIFTEEN OF THE MOST RECENT TWENTY-TWO MONTHS,
THE  AGENCY  MAY  BE REQUIRED BY LAW TO FILE A PETITION TO TERMINATE THE
PARENTAL RIGHTS OF THE PARENT OR PARENTS OF THE RESPONDENT.
  S 8. Section 736 of the family court act is amended by  adding  a  new
subdivision 4 to read as follows:
  (4) IN ANY PROCEEDING UNDER THIS ARTICLE, THE COURT SHALL CAUSE A COPY
OF  THE  PETITION  AND  NOTICE  OF  THE TIME AND PLACE TO BE HEARD TO BE
SERVED UPON ANY NON-CUSTODIAL PARENT OF THE  CHILD,  PROVIDED  THAT  THE
ADDRESS  OF  SUCH  PARENT  IS KNOWN TO OR IS ASCERTAINABLE BY THE COURT.
SERVICE SHALL BE MADE BY ORDINARY FIRST CLASS MAIL AT SUCH PARENT'S LAST
KNOWN RESIDENCE. THE FAILURE OF SUCH NOTICED PARENT TO APPEAR SHALL  NOT
BE CAUSE FOR DELAY OF THE PROCEEDINGS.
  S  9.  Subdivision  (a)  of  section  741  of the family court act, as
amended by chapter 837 of the laws of 1975, is amended and a new  subdi-
vision (d) is added to read as follows:
  (a)  At  the initial appearance of a respondent in a proceeding and at
the commencement of any hearing under this article, the  respondent  and
his  OR  HER  parent  or other person legally responsible for his OR HER
care shall be advised of the respondent's right to remain silent and  of
his  OR  HER  right to be represented by counsel chosen by him OR HER or
his OR HER parent or other person legally responsible  for  his  OR  HER
care,  or  by  [a  law guardian] AN ATTORNEY assigned by the court under
part four of article two. [Provided, however, that in] IN the  event  of
the failure of the respondent's parent or other person legally responsi-
ble  for  his  OR  HER  care to appear, after reasonable and substantial
effort has been made to notify such parent or responsible person of  the
commencement  of  the  proceeding and such initial appearance, the court
shall appoint [a law guardian] AN ATTORNEY FOR THE RESPONDENT and shall,
unless inappropriate also appoint a guardian ad litem for such  respond-
ent,  and  in  such event, shall inform the respondent of such rights in
the presence of such [law guardian] ATTORNEY and any guardian ad litem.
  (D) WHENEVER AN ATTORNEY HAS BEEN APPOINTED BY  THE  FAMILY  COURT  TO
REPRESENT  A  RESPONDENT  IN A PROCEEDING UNDER THIS ARTICLE PURSUANT TO
SUBDIVISION (A) OF THIS SECTION, SUCH APPOINTMENT SHALL CONTINUE WITHOUT
FURTHER COURT ORDER OR APPOINTMENT DURING AN ORDER OF DISPOSITION ISSUED
BY THE COURT, AN ADJOURNMENT  IN  CONTEMPLATION  OF  DISMISSAL,  OR  ANY
EXTENSION  OR  VIOLATION  THEREOF,  OR  ANY  PERMANENCY  HEARING,  OTHER

A. 8503                             5

POST-DISPOSITIONAL  PROCEEDING  OR  APPEAL.  ALL  NOTICES  AND   REPORTS
REQUIRED  BY  LAW  SHALL BE PROVIDED TO SUCH ATTORNEY.  SUCH APPOINTMENT
SHALL CONTINUE UNLESS ANOTHER APPOINTMENT OF AN ATTORNEY HAS  BEEN  MADE
BY  THE  COURT OR UNLESS SUCH ATTORNEY MAKES APPLICATION TO THE COURT TO
BE RELIEVED OF HIS OR HER APPOINTMENT. UPON APPROVAL OF SUCH APPLICATION
TO BE RELIEVED, THE COURT SHALL IMMEDIATELY APPOINT ANOTHER ATTORNEY  TO
WHOM  ALL  NOTICES  AND  REPORTS  REQUIRED BY LAW SHALL BE PROVIDED. THE
ATTORNEY SHALL  BE  ENTITLED  TO  COMPENSATION  PURSUANT  TO  APPLICABLE
PROVISIONS  OF LAW FOR SERVICES RENDERED UP TO AND INCLUDING DISPOSITION
OF THE PETITION. THE ATTORNEY SHALL, BY SEPARATE APPLICATION,  BE  ENTI-
TLED  TO COMPENSATION FOR SERVICES RENDERED AFTER THE DISPOSITION OF THE
PETITION. NOTHING IN THIS  SECTION  SHALL  BE  CONSTRUED  TO  LIMIT  THE
AUTHORITY OF THE COURT TO REMOVE AN ATTORNEY FROM HIS OR HER ASSIGNMENT.
  S  10.  Subdivision  (a)  of  section  756  of the family court act is
amended by adding two new paragraphs (iii) and (iv) to read as follows:
  (III) THE LOCAL COMMISSIONER OF SOCIAL SERVICES  OR  THE  PERSON  WITH
WHOM  THE  RESPONDENT  HAS BEEN PLACED UNDER THIS SECTION SHALL SUBMIT A
REPORT TO THE COURT, THE ATTORNEY FOR THE RESPONDENT AND THE PRESENTMENT
AGENCY, IF ANY, NOT LATER THAN THIRTY DAYS PRIOR TO  THE  CONCLUSION  OF
THE  PLACEMENT  PERIOD;  PROVIDED, HOWEVER, THAT WHERE THE LOCAL COMMIS-
SIONER OF SOCIAL SERVICES OR PERSON WITH WHOM THE  RESPONDENT  HAS  BEEN
PLACED  FILES A PETITION FOR AN EXTENSION OF THE PLACEMENT AND A PERMAN-
ENCY HEARING PURSUANT TO SECTION SEVEN HUNDRED FIFTY-SIX-A OF THIS PART,
SUCH REPORT SHALL BE SUBMITTED NOT LATER THAN SIXTY DAYS  PRIOR  TO  THE
DATE  ON  WHICH THE PERMANENCY HEARING MUST BE HELD AND SHALL BE ANNEXED
TO THE PETITION.
  (IV) THE REPORT SUBMITTED IN ACCORDANCE WITH PARAGRAPH (III)  OF  THIS
SUBDIVISION SHALL INCLUDE RECOMMENDATIONS AND SUCH SUPPORTING DATA AS IS
APPROPRIATE,  INCLUDING,  BUT  NOT LIMITED TO, A PLAN FOR THE RELEASE OF
THE RESPONDENT TO THE CUSTODY OF HIS OR HER PARENT OR PARENTS  OR  OTHER
PERSON OR PERSONS LEGALLY RESPONSIBLE, OR TO ANOTHER PERMANENCY ALTERNA-
TIVE  AS  PROVIDED IN PARAGRAPH (IV) OF SUBDIVISION (D) OF SECTION SEVEN
HUNDRED FIFTY-SIX-A OF THIS PART. THE  RELEASE  PLAN  SHALL  PROVIDE  AS
FOLLOWS:
  (1)  IF  THE RESPONDENT IS SUBJECT TO ARTICLE SIXTY-FIVE OF THE EDUCA-
TION LAW OR ELECTS TO PARTICIPATE IN AN EDUCATIONAL PROGRAM LEADING TO A
HIGH SCHOOL DIPLOMA FOLLOWING RELEASE, SUCH PLAN SHALL INCLUDE, BUT  NOT
BE  LIMITED  TO,  THE STEPS THAT THE AGENCY WITH WHICH THE RESPONDENT IS
PLACED HAS TAKEN AND WILL BE TAKING IN CONJUNCTION WITH THE LOCAL EDUCA-
TION AGENCY TO ENSURE THE IMMEDIATE ENROLLMENT OF THE RESPONDENT  IN  AN
APPROPRIATE  SCHOOL  OR  EDUCATIONAL  PROGRAM  LEADING  TO A HIGH SCHOOL
DIPLOMA AND THE TRANSFER OF NECESSARY RECORDS IN  ADVANCE  OF  OR  IMME-
DIATELY  UPON  RELEASE  OR,  IF  SUCH  RELEASE  OCCURS DURING THE SUMMER
RECESS, IMMEDIATELY UPON THE COMMENCEMENT OF THE NEXT SCHOOL TERM.
  (2) IF THE AGENCY HAS REASON TO BELIEVE THAT THE RESPONDENT MAY HAVE A
DISABILITY OR IF THE RESPONDENT  HAD  BEEN  FOUND  ELIGIBLE  TO  RECEIVE
SPECIAL  EDUCATION SERVICES PRIOR TO OR DURING THE PLACEMENT, IN ACCORD-
ANCE WITH ARTICLE EIGHTY-NINE OF THE  EDUCATION  LAW,  SUCH  PLAN  SHALL
INCLUDE, BUT NOT BE LIMITED TO, THE STEPS THAT THE AGENCY WITH WHICH THE
RESPONDENT  IS  PLACED  HAS  TAKEN AND WILL BE TAKING TO ENSURE THAT THE
LOCAL EDUCATION AGENCY MAKES ANY NECESSARY  REFERRALS  OR  ARRANGES  FOR
SPECIAL   EDUCATIONAL  EVALUATIONS  OR  SERVICES,  AS  APPROPRIATE,  AND
PROVIDES NECESSARY RECORDS IMMEDIATELY  IN  ACCORDANCE  WITH  STATE  AND
FEDERAL LAW.
  (3)  IF  THE  RESPONDENT  IS  NOT SUBJECT TO ARTICLE SIXTY-FIVE OF THE
EDUCATION LAW AND ELECTS NOT TO PARTICIPATE IN  AN  EDUCATIONAL  PROGRAM

A. 8503                             6

LEADING  TO  A  HIGH SCHOOL DIPLOMA, SUCH PLAN SHALL INCLUDE, BUT NOT BE
LIMITED TO, THE STEPS THAT THE  AGENCY  WITH  WHICH  THE  RESPONDENT  IS
PLACED  HAS  TAKEN AND WILL BE TAKING TO ASSIST THE RESPONDENT TO BECOME
GAINFULLY  EMPLOYED OR ENROLLED IN A VOCATIONAL PROGRAM IMMEDIATELY UPON
RELEASE.
  S 11. Section 756 of the family court act is amended by adding  a  new
subdivision (d) to read as follows:
  (D)  WHERE  THE  RESPONDENT  IS  PLACED  PURSUANT TO THIS SECTION, THE
DISPOSITIONAL ORDER OR AN ATTACHMENT TO THE ORDER INCORPORATED BY REFER-
ENCE INTO THE ORDER SHALL INCLUDE:
  (I) A DESCRIPTION OF THE VISITATION  PLAN,  INCLUDING  ANY  PLANS  FOR
VISITS AND/OR CONTACT WITH THE RESPONDENT'S SIBLINGS;
  (II)  A  SERVICE  PLAN,  IF AVAILABLE. IF THE SERVICE PLAN HAS NOT YET
BEEN DEVELOPED, THEN THE SERVICE PLAN MUST BE FILED WITH THE  COURT  AND
DELIVERED  TO  THE  PRESENTMENT  AGENCY, ATTORNEY FOR THE RESPONDENT AND
PARENT OR PARENTS OR OTHER PERSON OR PERSONS LEGALLY RESPONSIBLE FOR THE
CARE OF THE RESPONDENT NO LATER THAN  NINETY  DAYS  FROM  THE  DATE  THE
DISPOSITION WAS MADE; AND
  (III)  A  DIRECTION  THAT  THE  PARENT  OR  PARENTS OR OTHER PERSON OR
PERSONS LEGALLY RESPONSIBLE FOR THE RESPONDENT SHALL BE NOTIFIED OF  ANY
PLANNING CONFERENCES TO BE HELD PURSUANT TO SUBDIVISION THREE OF SECTION
FOUR HUNDRED NINE-E OF THE SOCIAL SERVICES LAW, OF THEIR RIGHT TO ATTEND
THE CONFERENCES, AND OF THEIR RIGHT TO HAVE COUNSEL OR ANOTHER REPRESEN-
TATIVE OR COMPANION WITH THEM.
  A  COPY  OF  THE  COURT'S  ORDER AND ATTACHMENTS SHALL BE GIVEN TO THE
PARENT OR PARENTS OR OTHER PERSON OR PERSONS LEGALLY RESPONSIBLE FOR THE
CARE OF THE RESPONDENT. THE  ORDER SHALL ALSO CONTAIN A NOTICE  THAT  IF
THE RESPONDENT REMAINS IN PLACEMENT FOR FIFTEEN OF THE MOST RECENT TWEN-
TY-TWO  MONTHS,  THE AGENCY MAY BE REQUIRED BY LAW TO FILE A PETITION TO
TERMINATE THE PARENTAL RIGHTS OF THE PARENT OR PARENTS OF  THE  RESPOND-
ENT.
  S  12.  The  opening  paragraph and paragraphs (ii), (iii) and (iv) of
subdivision (d) of section 756-a of the family court act, as amended  by
section  4 of part B of chapter 327 of the laws of 2007, are amended and
a new paragraph (v) is added to read as follows:
  At the conclusion of the permanency hearing, the  court  may,  in  its
discretion,  order  an  extension of the placement for not more than one
year OR MAY ORDER THAT THE PETITION FOR AN  EXTENSION  OF  PLACEMENT  BE
DISMISSED,  OR  THAT  THE RESPONDENT BE PLACED ON PROBATION FOR NOT MORE
THAN ONE YEAR, PURSUANT TO SECTION SEVEN  HUNDRED  FIFTY-SEVEN  OF  THIS
PART.  The court must consider and determine in its order:
  (ii)  in  the case of a [child] RESPONDENT who has attained the age of
[sixteen] FOURTEEN, the services needed, if any, to assist  the  [child]
RESPONDENT  to  make  the  transition  from  foster  care to independent
living;
  (iii) in the case of a [child]  RESPONDENT  placed  outside  New  York
state,  whether  the  out-of-state placement continues to be appropriate
and in the best interests of the [child] RESPONDENT; [and]
  (iv) whether and when the [child] RESPONDENT:  (A) will be returned to
the parent; (B) should be placed for adoption with the  social  services
official  filing  a  petition  for  termination  of parental rights; (C)
should be referred for legal guardianship; (D) should be  placed  perma-
nently  with  a  fit  and  willing  relative; or (E) should be placed in
another planned permanent living arrangement THAT INCLUDES A SIGNIFICANT
CONNECTION TO AN ADULT WILLING TO  BE  A  PERMANENCY  RESOURCE  FOR  THE
RESPONDENT if the social services official has documented to the court a

A. 8503                             7

compelling  reason  for  determining  that  it  would not be in the best
interest of the [child] RESPONDENT  to  return  home,  be  referred  for
termination  of  parental  rights and placed for adoption, placed with a
fit and willing relative, or placed with a legal guardian; and where the
[child] RESPONDENT will not be returned home, consideration of appropri-
ate in-state and out-of-state placements[.]; AND
  (V) WITH REGARD TO THE COMPLETION OR EXTENSION OF PLACEMENT ORDERED BY
THE  COURT PURSUANT TO SECTION SEVEN HUNDRED FIFTY-SIX OF THIS PART, THE
STEPS THAT MUST BE TAKEN BY THE AGENCY  WITH  WHICH  THE  RESPONDENT  IS
PLACED  TO  IMPLEMENT  THE  PLAN FOR RELEASE SUBMITTED PURSUANT TO PARA-
GRAPHS (III) AND (IV) OF SUBDIVISION (A) OF SUCH SECTION,  THE  ADEQUACY
OF SUCH PLAN AND ANY MODIFICATIONS THAT SHOULD BE MADE TO SUCH PLAN.
  S  13.  Subdivisions  (e) and (f) of section 756-a of the family court
act are relettered subdivisions (f) and (g) and a new subdivision (e) is
added to read as follows:
  (E) IF THE ORDER FROM THE PERMANENCY HEARING EXTENDS THE  RESPONDENT'S
PLACEMENT  OR  IF  THE  RESPONDENT  CONTINUES IN PLACEMENT UNDER A PRIOR
ORDER, THE ORDER OR AN ATTACHMENT TO THE  ORDER  INCORPORATED  INTO  THE
ORDER BY REFERENCE SHALL INCLUDE:
  (I)  A  DESCRIPTION  OF  THE  VISITATION PLAN, INCLUDING ANY PLANS FOR
VISITATION AND/OR CONTACT WITH THE RESPONDENT'S SIBLINGS;
  (II) A SERVICE PLAN AIMED AT EFFECTUATING THE PERMANENCY GOAL; AND
  (III) A DIRECTION THAT THE  PARENT  OR  PARENTS  OR  OTHER  PERSON  OR
PERSONS  LEGALLY RESPONSIBLE FOR THE RESPONDENT SHALL BE NOTIFIED OF ANY
PLANNING CONFERENCES TO BE HELD PURSUANT TO SUBDIVISION THREE OF SECTION
FOUR HUNDRED NINE-E OF THE SOCIAL SERVICES LAW, OF THEIR RIGHT TO ATTEND
THE CONFERENCES AND OF THEIR RIGHT TO HAVE COUNSEL OR ANOTHER  REPRESEN-
TATIVE OR COMPANION WITH THEM.
  A COPY OF THE COURT'S ORDER AND THE SERVICE PLAN SHALL BE GIVEN TO THE
PARENT OR PARENTS OR OTHER PERSON OR PERSONS LEGALLY RESPONSIBLE FOR THE
RESPONDENT. THE ORDER SHALL ALSO CONTAIN A NOTICE THAT IF THE RESPONDENT
REMAINS IN FOSTER CARE FOR FIFTEEN OF THE MOST RECENT TWENTY-TWO MONTHS,
THE  AGENCY  MAY  BE REQUIRED BY LAW TO FILE A PETITION TO TERMINATE THE
PARENTAL RIGHTS OF THE PARENT OR PARENTS OF THE RESPONDENT.
  S 14. Subdivision (b) of section 757  of  the  family  court  act,  as
amended  by chapter 920 of the laws of 1982, is amended and a new subdi-
vision (e) is added to read as follows:
  (b) The maximum period of probation shall not exceed one  year,  WHICH
MAY INCLUDE INTENSIVE PROBATION SUPERVISION, IN ACCORDANCE WITH SUBDIVI-
SION (E) OF THIS SECTION, TO THE EXTENT AVAILABLE, DURING ALL OR PART OF
THE  TERM  OF  PROBATION.  If  the  court finds at the conclusion of the
original period that exceptional  circumstances  require  an  additional
year  of  probation,  the court may continue probation for an additional
year.
  (E) IF THE RESPONDENT HAS BEEN FOUND TO BE A PERSON IN NEED OF  SUPER-
VISION,  AND IF THE COURT FURTHER FINDS THAT, ABSENT INTENSIVE PROBATION
SUPERVISION, THE RESPONDENT WOULD BE PLACED PURSUANT  TO  SECTION  SEVEN
HUNDRED  FIFTY-SIX  OF THIS PART, THE COURT MAY DIRECT THE RESPONDENT TO
COOPERATE WITH A PROGRAM OF INTENSIVE PROBATION SUPERVISION  DURING  ALL
OR  PART  OF  THE  TERM OF PROBATION. THE LOCAL PROBATION DEPARTMENT MAY
PROVIDE INTENSIVE  PROBATION  SUPERVISION  TO  RESPONDENTS  SO  DIRECTED
PURSUANT  TO  THIS  SUBDIVISION  IN  ACCORDANCE  WITH  REGULATIONS TO BE
PROMULGATED BY THE STATE DIVISION OF PROBATION AND CORRECTIONAL ALTERNA-
TIVES PURSUANT TO SUBDIVISION ONE OF SECTION TWO HUNDRED FORTY-THREE  OF
THE EXECUTIVE LAW.

A. 8503                             8

  S  15.  Subdivisions  1  and 2 of section 112 of the education law, as
amended by section 62 of part A of chapter 3 of the laws  of  2005,  are
amended to read as follows:
  1.  The  department  shall establish and enforce standards of instruc-
tion, personnel qualifications  and  other  requirements  for  education
services  or  programs,  as determined by rules of the regents and regu-
lations of the commissioner, with respect to the individual requirements
of children who are in full-time residential care in facilities or homes
operated or supervised by any state department or  agency  or  political
subdivision.  The department shall cooperate with the office of children
and  family services, the department of mental hygiene and local depart-
ments of social services with  respect  to  educational  and  vocational
training  programs  for  children placed with, committed to or under the
supervision of such agencies.  The  department  shall  promulgate  regu-
lations  requiring  the cooperation of local school districts in facili-
tating the prompt enrollment of children  who  are  released  or  condi-
tionally  released  from  residential  facilities  operated  by or under
contract with the office of children and family services, the department
of mental hygiene and local departments of social services and in imple-
menting plans for release or conditional release submitted to the family
court pursuant to paragraph (c) of subdivision seven  of  section  353.3
AND  PARAGRAPHS  (III)  AND  (IV)  OF  SUBDIVISION  (A) OF SECTION SEVEN
HUNDRED FIFTY-SIX of the family court act and the educational components
of permanency hearing reports submitted pursuant to section one thousand
eighty-nine of the family court act.   Such  regulations  regarding  the
educational  components of permanency hearing reports submitted pursuant
to section one thousand eighty-nine of the family  court  act  shall  be
developed  in  conjunction  with  the  office  of  children  and  family
services.  SUCH REGULATIONS SHALL FACILITATE THE RETENTION  OF  CHILDREN
PLACED  OR  REMANDED  INTO FOSTER CARE IN THEIR ORIGINAL SCHOOLS AND, IF
THAT IS NOT FEASIBLE OR DETERMINED TO BE IN THE CHILD'S BEST  INTERESTS,
THE  IMMEDIATE  ENROLLMENT  OF  THE  CHILDREN  IN SCHOOL AND TRANSFER OF
NECESSARY RECORDS. Nothing herein contained shall be deemed to apply  to
responsibility  for  the  provision  or  payment of care, maintenance or
other services subject to the provisions of the  executive  law,  mental
hygiene law, social services law or any other law.
  2. The commissioner shall prepare a report and submit it to the gover-
nor,  the  speaker  of  the  assembly and the temporary president of the
senate by December thirty-first,  nineteen  hundred  ninety-six  and  on
December  thirty-first  of  each  successive  year.  Such  report  shall
contain, for each facility operated by or under contract with the office
of children and family services that provides educational  programs,  an
assessment  of each facility's compliance with the rules of the board of
regents, the regulations of the commissioner,  and  this  chapter.  Such
report shall include, but not be limited to: the number of youth receiv-
ing  services  under  article  eighty-nine of this chapter; the office's
activities undertaken as required by subdivisions  one,  two,  four  and
eight of section forty-four hundred three of this chapter; the number of
youth receiving bilingual education services; the number of youth eligi-
ble  to  receive  limited  English  proficient services; interviews with
facility residents conducted during site visits; library  services;  the
ratio  of  teachers  to  students; the curriculum; the length of stay of
each youth and the number of hours  of  instruction  provided;  instruc-
tional  technology utilized; the educational services provided following
the release and conditional release of the  youth,  including,  but  not
limited to, the implementation of requirements for the PROMPT enrollment

A. 8503                             9

of  such  youth in school contained in plans for release and conditional
release submitted to the family  court  pursuant  to  paragraph  (c)  of
subdivision  seven  of  section  353.3  AND PARAGRAPHS (III) AND (IV) OF
SUBDIVISION  (A)  OF SECTION SEVEN HUNDRED FIFTY-SIX of the family court
act and in the educational  components  of  permanency  hearing  reports
submitted  pursuant  to  section  one thousand eighty-nine of the family
court act and the compliance by local school districts  with  the  regu-
lations promulgated pursuant to subdivision one of this section; and any
recommendations  to  ensure  compliance with the rules of regents, regu-
lations of the commissioner, and this chapter.
  S 16. The opening paragraph of subdivision 1 of section 409-e  of  the
social  services law, as amended by section 60 of part A of chapter 3 of
the laws of 2005, is amended to read as follows:
  With respect to each  child  who  is  identified  by  a  local  social
services  district  as  being considered for placement in foster care as
defined in section one thousand eighty-seven of the family court act  by
a  social  services district, such district, within thirty days from the
date of such identification, shall perform an assessment  of  the  child
and his or her family circumstances. Where a child has been removed from
his  or  her  home  INTO  FOSTER CARE AS DEFINED IN SECTION ONE THOUSAND
EIGHTY-SEVEN OF THE FAMILY COURT ACT, DETENTION OR PLACEMENT PURSUANT TO
ARTICLE SEVEN OF THE FAMILY COURT ACT OR  NONSECURE  OR  LIMITED  SECURE
PLACEMENT  PURSUANT  TO  ARTICLE  THREE  OF THE FAMILY COURT ACT, within
thirty days of such removal, DETENTION OR PLACEMENT,  the  local  social
services  district  shall  perform an assessment of the child and his or
her family circumstances, or update any assessment  performed  when  the
child  was  considered for placement. Any assessment shall be in accord-
ance with such uniform procedures and criteria as the office of children
and family services shall by regulation prescribe. Such assessment shall
include the following:
  S 17. Subdivision 1 of section 243 of the executive law, as amended by
chapter 134 of the laws of 1985, is amended to read as follows:
  1. The director shall exercise general supervision over  the  adminis-
tration  of probation services throughout the state, including probation
in family courts and shall collect statistical and other information and
make recommendations regarding the administration of probation  services
in the courts. He OR SHE shall endeavor to secure the effective applica-
tion  of  the probation system and the enforcement of the probation laws
and the laws relating to  family  courts  throughout  the  state.  After
consultation  with the state probation commission, he OR SHE shall adopt
general rules which shall regulate methods and procedure in the adminis-
tration of probation services,  including  investigation  of  defendants
prior to sentence, and children prior to adjudication, supervision, case
work,  record  keeping, and accounting, program planning and research so
as to secure the most effective application of the probation system  and
the  most  efficient  enforcement  of  the probation laws throughout the
state.  SUCH RULES SHALL PERMIT THE ESTABLISHMENT OF A PROGRAM OF INTEN-
SIVE PROBATION  SUPERVISION  FOR  JUVENILES  DIRECTED  TO  RECEIVE  SUCH
SERVICES PURSUANT TO PARAGRAPH (E) OF SUBDIVISION THREE OF SECTION 353.2
OR  SUBDIVISION  (E)  OF SECTION SEVEN HUNDRED FIFTY-SEVEN OF THE FAMILY
COURT ACT AND SHALL INCLUDE, BUT NOT BE LIMITED TO: SPECIFICATION OF THE
MAXIMUM CASELOAD LEVELS AND TRAINING REQUIRED  FOR  INTENSIVE  PROBATION
SUPERVISION  OFFICERS;  THE  FREQUENCY  AND NATURE OF PROBATION CONTACTS
WITH JUVENILES IN THE PROGRAM, SCHOOLS AND OTHER  AGENCIES;  AND  SUPER-
VISION,  TREATMENT  AND OTHER SERVICES TO BE PROVIDED TO SUCH JUVENILES.
SUCH RULES SHALL FURTHER PROVIDE FOR THE ESTABLISHMENT OF A  PROGRAM  OF

A. 8503                            10

ELECTRONIC  MONITORING FOR ACCUSED JUVENILE DELINQUENTS WHO WOULD OTHER-
WISE BE DETAINED PRIOR TO DISPOSITION PURSUANT TO SUBDIVISION  THREE  OF
SECTION  320.5  OF  THE  FAMILY  COURT  ACT AND FOR ADJUDICATED JUVENILE
DELINQUENTS  PLACED  ON  PROBATION  ON  CONDITION  OF COOPERATION WITH A
PROGRAM OF ELECTRONIC MONITORING PURSUANT TO PARAGRAPH (E)  OF  SUBDIVI-
SION  THREE  OF  SECTION 353.2 OF THE FAMILY COURT ACT. Such rules shall
provide that the probation investigations ordered by the court in desig-
nated felony act cases under subdivision one of  section  351.1  of  the
family  court  act  shall  have  priority over other cases arising under
articles three and seven of such act. Such rules shall be  binding  upon
all  probation  officers  and when duly adopted shall have the force and
effect of law, but shall not supersede rules that may be adopted  pursu-
ant  to the family court act. He OR SHE shall keep [himself] informed as
to the work of all probation  officers  and  shall  from  time  to  time
inquire into and report upon their conduct and efficiency. He OR SHE may
investigate  the  work  of any probation bureau or probation officer and
shall have access to all records and probation offices. He  OR  SHE  may
issue  subpoenas to compel the attendance of witnesses or the production
of books and papers. He OR SHE may administer oaths and examine  persons
under  oath.  He OR SHE may recommend to the appropriate authorities the
removal of any probation officer. He OR SHE shall transmit to the gover-
nor not later than February first of each year an annual report  of  the
work  of the division of probation and correctional alternatives for the
preceding calendar year, which shall include such  information  relative
to   the  administration  of  probation  and  correctional  alternatives
throughout the state as may be appropriate. He OR SHE may from  time  to
time  publish  reports regarding probation including probation in family
courts, and the operation of the probation system including probation in
family courts and any other information regarding probation as he OR SHE
may determine provided expenditures for such purpose are within  amounts
appropriated therefor.
  S  18.  This act shall take effect on the ninetieth day after it shall
have become a law.