Senate Bill S4301

2011-2012 Legislative Session

Relates to truancy allegations in persons in need of supervision and child protective proceedings in family court

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Archive: Last Bill Status - In Senate Committee Children And Families Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-S4301 (ACTIVE) - Details

Current Committee:
Senate Children And Families
Law Section:
Family Court Act
Laws Affected:
Amd §§735, 736, 742, 1012, 1031 & 1035, Fam Ct Act

2011-S4301 (ACTIVE) - Summary

Relates to truancy allegations in persons in need of supervision and child protective proceedings in family court; requires notification of the school district or local educational agency when such district or agency is not the potential petitioner and where the petition includes allegations of truancy and/or school misbehavior.

2011-S4301 (ACTIVE) - Sponsor Memo

2011-S4301 (ACTIVE) - Bill Text download pdf

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

                                  4301

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 28, 2011
                               ___________

Introduced by Sen. SAVINO -- (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 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:

  Section 1. Paragraph (iii)  of  subdivision  (d),  paragraph  (ii)  of
subdivision  (g)  and subdivision (h) of section 735 of the family court
act, as amended by section 7 of part E of chapter  57  of  the  laws  of
2005, are amended to read as follows:
  (iii) where the entity seeking to file a petition is a school district
or local educational agency OR WHERE THE PARENT OR OTHER POTENTIAL PETI-
TIONER  INDICATES THAT THE PROPOSED PETITION WILL INCLUDE TRUANCY AND/OR
CONDUCT IN SCHOOL AS AN ALLEGATION, the  designated  lead  agency  shall
review the steps taken by the school district or local educational agen-
cy  to  improve  the  youth's  attendance  and/or  conduct in school and
attempt to engage the school district or  local  educational  agency  in
further diversion attempts, if it appears from review that such attempts
will  be  beneficial  to the youth.   WHERE THE SCHOOL DISTRICT OR LOCAL
EDUCATIONAL AGENCY IS NOT THE POTENTIAL PETITIONER, THE DESIGNATED  LEAD
AGENCY SHALL PROVIDE NOTICE TO SUCH DISTRICT OR AGENCY OF ANY CONFERENCE
WITH  THE POTENTIAL PETITIONER IN ORDER FOR THE SCHOOL DISTRICT OR LOCAL
EDUCATIONAL AGENCY TO WORK WITH THE DESIGNATED LEAD  AGENCY  TO  RESOLVE
THE  TRUANCY OR SCHOOL BEHAVIORAL PROBLEMS OF THE YOUTH SO AS TO OBVIATE
THE NEED TO FILE A PETITION OR, AT MINIMUM, TO RESOLVE THE EDUCATION-RE-
LATED ALLEGATIONS OF THE PROPOSED PETITION.
  (ii) The clerk of the court shall accept a petition for filing only if
it has attached thereto the following:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10143-01-1

              

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