NY State Assembly Bill 2009-A10449

Assembly Bill A10449

2009-2010 Legislative Session

Provides that a child shall not be placed with the office of children and family services at the conclusion of a dispositional hearing unless the court finds that discharge would not be appropriate

download bill text pdf

Archive: Last Bill Status - In Assembly 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 18, 2010	print number 10449c
Jun 18, 2010	amend and recommit to judiciary
Jun 02, 2010	print number 10449b
Jun 02, 2010	amend and recommit to judiciary
May 18, 2010	print number 10449a
May 18, 2010	amend and recommit to judiciary
Mar 26, 2010	referred to judiciary

Bill Amendments

Original

C (Active)

co-Sponsors

2009-A10449 - Details

Current Committee:: Assembly Judiciary
Law Section:: Family Court Act
Laws Affected:: Amd §352.2, Fam Ct Act
Versions Introduced in 2011-2012 Legislative Session:: A4195

2009-A10449 - Summary

Provides that a child shall not be placed in the custody of the office of children and family services at the conclusion of a dispositional hearing unless the court finds that conditional discharge would not be appropriate and that the respondent poses a significant threat to public safety.

2009-A10449 - Sponsor Memo

                                BILL NUMBER:A10449

TITLE  OF  BILL:    An act to amend the family court act, in relation to
orders of disposition

PURPOSE OF THE BILL:  To prevent the unnecessary placement  of  children
in juvenile justice facilities.

SUMMARY OF PROVISIONS:  Section 1 amends the Family Court Act to require
a  judge  to place a youth who is not eligible for conditional discharge
in an alternative to placement program unless such placement would  pose
a  significant  risk  to public safety and no appropriate alternative to
placement program were available.

Section 2 makes a corresponding chance in the Family Court Act.

Section 3 contains the effective date.

EXISTING LAW:   The Family Court Act  currently  requires  family  court
judges  to consider "the best interests of the respondent as well as the
need for protection of the community" when deciding a disposition  in  a
delinquency  case. The law further directs, except for designated felony
cases, "the court shall order the least restrictive  available  alterna-
tive...which  is  consistent  with  the  needs and best interests of the
respondent and the need for protection  of  the  community."  This  bill
clarifies  that  it  is  not  in  a youth's best interest or in the best

interest of the public for a youth to be placed in  a  juvenile  justice
facility  unless  they  pose  a  risk  to  public safety or there are no
adequate means to rehabilitate the youth within their community.

PRIOR LEGISLATIVE HISTORY: This is a new bill.

STATEMENT IN SUPPORT:  This bill is in response to the  Governor's  Task
Force  on  Transforming  Juvenile  Justice  recommendation to reduce the
state's reliance on institutional  placements  for  youth  who  pose  no
significant risk to public safety.

Over  53%  of  the  youth who were placed in institutional facilities in
2007 were admitted for low level or misdemeanor adjudications. The  Task
Force  reports  that  many  of  these  youth  were placed because judges
believed that the youth's community lacked necessary mental  health  and
substance abuse resources. This punishes children for circumstances that
are  beyond  their control. Further, and distressingly, we know from the
Department of Justice investigation that these youth do.not receive  the
mental  health  and  substance  abuse  treatment that they need in these
facilities, and that indeed these problems become more severe when these
youth are uprooted from their communities.

If enacted, this bill would require that judges place youth within their
community, unless there are not adequate services available to avert the
placement in a juvenile justice facility, or public safety would be  put

at  risk.  It  is  time  New York reserved placement in juvenile justice
institutions for those youth who pose a risk to public safety.

BUDGET IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

April 1, 2010.

2009-A10449 - Bill Text download pdf

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

                                  10449

                          I N  A S S E M B L Y

                             March 26, 2010
                               ___________

Introduced by M. of A. LENTOL -- read once and referred to the Committee
  on Judiciary

AN  ACT to amend the family court act, in relation to orders of disposi-
  tion

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

  Section  1. Subdivision 1 of section 352.2 of the family court act, as
added by chapter 920 of the laws of 1982, is amended to read as follows:
  1. (A) Upon the conclusion of the  dispositional  hearing,  the  court
shall enter an order of disposition:
  [(a)]  (I)  conditionally  discharging  the  respondent in accord with
section 353.1; or
  [(b)] (II) putting the respondent on probation in accord with  section
353.2; or
  [(c)]  (III)  continuing  the proceeding and placing the respondent in
accord with section 353.3; or
  [(d)] (IV) placing the respondent in accord with section 353.4; or
  [(e)] (V) continuing the proceeding and placing the respondent under a
restrictive placement in accord with section 353.5.
  (B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF  THIS  SUBDIVI-
SION,  THE  COURT  SHALL  NOT  PLACE  A RESPONDENT IN THE CUSTODY OF THE
COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES  PURSUANT  TO
EITHER  SUBPARAGRAPHS (III) OR (IV) OF PARAGRAPH (A) OF THIS SUBDIVISION
UNLESS THE COURT  DETERMINES  THAT  (I)  CONDITIONAL  DISCHARGE  OF  THE
RESPONDENT  PURSUANT TO SECTION 351.1 WOULD NOT BE APPROPRIATE; AND (II)
THAT SUCH RESPONDENT POSES A SIGNIFICANT RISK TO PUBLIC SAFETY AND  THAT
NO  AVAILABLE  ALTERNATIVES  TO PLACEMENT COULD ADEQUATELY MITIGATE SUCH
RISK. THE COURT SHALL NOTIFY THE OFFICE OF CHILDREN AND FAMILY  SERVICES
OF SUCH DETERMINATION.
  S  2. Subdivision 3 of section 352.2 of the family court act, as added
by chapter 920 of the laws of 1982, is amended to read as follows:
  3. The order shall state the court's reasons for the particular dispo-
sition, including[,]:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15595-01-0

A. 10449                            2

  (A) in the case of a restrictive placement pursuant to section  353.5,
the specific findings of fact required in such section[.]; AND
  (B)  IN  THE CASE OF PLACEMENT OF THE RESPONDENT IN THE CUSTODY OF THE
OFFICE OF CHILDREN AND FAMILY SERVICES EITHER PURSUANT TO SECTION  353.3
OR  353.4,  THE  SPECIFIC  FINDINGS OF FACT REQUIRED BY PARAGRAPH (B) OF
SUBDIVISION ONE OF THIS SECTION.
  S 3. This act shall take effect April 1, 2010; provided,  however,  if
this  act  shall become a law after such date it shall take effect imme-
diately and shall be deemed to have been in full force and effect on and
after April 1, 2010.

co-Sponsors

2009-A10449A - Details

Current Committee:: Assembly Judiciary
Law Section:: Family Court Act
Laws Affected:: Amd §352.2, Fam Ct Act
Versions Introduced in 2011-2012 Legislative Session:: A4195

2009-A10449A - Summary

2009-A10449A - Sponsor Memo

                                BILL NUMBER:A10449A

TITLE  OF  BILL:    An act to amend the family court act, in relation to
orders of disposition

PURPOSE OF THE BILL: To prevent the unnecessary placement of children in
juvenile justice facilities.

SUMMARY OF PROVISIONS:  Section 1 amends the Family Court Act to require
that a youth for whom conditional discharge or probation is  not  appro-
priate to be placed in an alternative to placement program unless place-
ment  is  necessary to protect the community and no appropriate alterna-
tive to placement program are available.

Section 2 makes a corresponding change in the Family Court Act.

Section 3 contains the effective date.

EXISTING LAW: The Family Court Act currently requires family court judg-
es to consider "the best interests of the respondent as well as the need
for protection of the community" when deciding a disposition in a delin-
quency case. The law  further  directs,  except  for  designated  felony
cases,  "the  court shall order the least restrictive available alterna-
tive...which is consistent with the needs  and  best  interests  of  the
respondent  and  the  need  for  protection of the community." This bill
clarifies that it is not in a youth's  best  interest  or  in  the  best

interest  of  the  public for a youth to be placed in a juvenile justice
facility unless such placement is necessary to protect the community and
there are no adequate means  to  rehabilitate  the  youth  within  their
community.

PRIOR LEGISLATIVE HISTORY: This is a new bill.

STATEMENT  IN  SUPPORT:  This bill is in response to the Governor's Task
Force on Transforming Juvenile  Justice  recommendation  to  reduce  the
state's  reliance  on  institutional  placements  for  youth who pose no
significant risk to public safety.

Over 53% of the youth who were placed  in  institutional  facilities  in
2007  were  admitted for low level adjudications. The Task Force reports
that many of these youth were placed because judges  believed  that  the
youth's  community  lacked  necessary  mental health and substance abuse
resources. This punishes children  for  circumstances  that  are  beyond
their  control.  Moreover,  an  investigation  released  by  the federal
Department of Justice in August of 2009 revealed that these youth do not
receive the mental health and substance abuse treatment that  they  need
in  these  facilities,  and  that indeed the problems which youth suffer
from become more severe when they are uprooted  from  their  communities
and placed in these stressful environments.

If enacted, this bill would require that judges place youth within their
community,  unless  there  are  not adequate services available to avert

placement, or placement is needed to protect the community. It  is  time
New  York  reserved placement in juvenile justice institutions for those
youth who pose a risk to public safety.

BUDGET  IMPLICATIONS:  This legislation, if enacted, would significantly
reduce juvenile justice placements. Each OCFS placement costs more  than
two  hundred  thousand dollars, for which the State reimburses the local
government for fifty percent of the cost. Even  a  modest  reduction  in
placements  would  save  the  State  and  local  governments millions of
dollars.

EFFECTIVE DATE: 60 days after enactment.

2009-A10449A - Bill Text download pdf

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

                                10449--A

                          I N  A S S E M B L Y

                             March 26, 2010
                               ___________

Introduced  by  M.  of A. LENTOL, ORTIZ -- read once and referred to the
  Committee on Judiciary -- committee discharged, bill amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT to amend the family court act, in relation to orders of disposi-
  tion

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

  Section  1. Subdivision 1 of section 352.2 of the family court act, as
added by chapter 920 of the laws of 1982, is amended to read as follows:
  1. (A) Upon the conclusion of the  dispositional  hearing,  the  court
shall enter an order of disposition:
  [(a)]  (I)  conditionally  discharging  the  respondent in accord with
section 353.1; or
  [(b)] (II) putting the respondent on probation in accord with  section
353.2; or
  [(c)]  (III)  continuing  the proceeding and placing the respondent in
accord with section 353.3; or
  [(d)] (IV) placing the respondent in accord with section 353.4; or
  [(e)] (V) continuing the proceeding and placing the respondent under a
restrictive placement in accord with section 353.5.
  (B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF  THIS  SUBDIVI-
SION,  THE  COURT  SHALL  NOT  PLACE  A RESPONDENT IN THE CUSTODY OF THE
COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES  PURSUANT  TO
EITHER  SUBPARAGRAPHS (III) OR (IV) OF PARAGRAPH (A) OF THIS SUBDIVISION
UNLESS THE COURT DETERMINES THAT:
  (I) CONDITIONAL DISCHARGE OF THE RESPONDENT  IN  ACCORD  WITH  SECTION
351.1  OF  THIS  PART,  OR PUTTING THE RESPONDENT ON PROBATION IN ACCORD
WITH SECTION 353.2 OF THIS PART, WOULD NOT BE APPROPRIATE; AND
  (II) THAT PLACEMENT OF THE RESPONDENT IS CONSISTENT WITH THE NEED  FOR
THE  PROTECTION  OF  THE COMMUNITY AND THAT NO AVAILABLE ALTERNATIVES TO
PLACEMENT COULD ADEQUATELY MITIGATE SUCH NEED.
  S 2. Subdivision 3 of section 352.2 of the family court act, as  added
by chapter 920 of the laws of 1982, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15595-05-0

A. 10449--A                         2

  3. The order shall state the court's reasons for the particular dispo-
sition, including[,]:
  (A)  in the case of a restrictive placement pursuant to section 353.5,
the specific findings of fact required in such section[.]; AND
  (B) IN THE CASE OF PLACEMENT OF THE RESPONDENT IN THE CUSTODY  OF  THE
OFFICE  OF CHILDREN AND FAMILY SERVICES EITHER PURSUANT TO SECTION 353.3
OR 353.4, THE SPECIFIC FINDINGS OF FACT REQUIRED  BY  PARAGRAPH  (B)  OF
SUBDIVISION ONE OF THIS SECTION.
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

co-Sponsors

2009-A10449B - Details

Current Committee:: Assembly Judiciary
Law Section:: Family Court Act
Laws Affected:: Amd §352.2, Fam Ct Act
Versions Introduced in 2011-2012 Legislative Session:: A4195

2009-A10449B - Summary

2009-A10449B - Bill Text download pdf

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

                                10449--B

                          I N  A S S E M B L Y

                             March 26, 2010
                               ___________

Introduced  by  M.  of A. LENTOL, ORTIZ -- read once and referred to the
  Committee on Judiciary -- committee discharged, bill amended,  ordered
  reprinted  as  amended  and  recommitted  to  said  committee -- again
  reported from said committee with  amendments,  ordered  reprinted  as
  amended and recommitted to said committee

AN  ACT to amend the family court act, in relation to orders of disposi-
  tion

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

  Section  1. Subdivision 1 of section 352.2 of the family court act, as
added by chapter 920 of the laws of 1982, is amended to read as follows:
  1. (A) Upon the conclusion of the  dispositional  hearing,  the  court
shall enter an order of disposition:
  [(a)]  (I)  conditionally  discharging  the  respondent in accord with
section 353.1 OF THIS PART; or
  [(b)] (II) putting the respondent on probation in accord with  section
353.2 OF THIS PART; or
  [(c)]  (III)  continuing  the proceeding and placing the respondent in
accord with section 353.3 OF THIS PART; or
  [(d)] (IV) placing the respondent in accord with section 353.4 OF THIS
PART; or
  [(e)] (V) continuing the proceeding and placing the respondent under a
restrictive placement in accord with section 353.5 OF THIS PART.
  (B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF  THIS  SUBDIVI-
SION,  THE  COURT  SHALL  NOT  PLACE  A RESPONDENT IN THE CUSTODY OF THE
COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES  PURSUANT  TO
EITHER  SUBPARAGRAPHS (III) OR (IV) OF PARAGRAPH (A) OF THIS SUBDIVISION
UNLESS THE COURT DETERMINES THAT:
  (I) CONDITIONAL DISCHARGE OF THE RESPONDENT  IN  ACCORD  WITH  SECTION
351.1  OF  THIS  PART,  OR PUTTING THE RESPONDENT ON PROBATION IN ACCORD
WITH SECTION 353.2 OF THIS PART, WOULD NOT BE APPROPRIATE; AND
  (II) THAT PLACEMENT OF THE RESPONDENT IS CONSISTENT WITH THE NEED  FOR
THE PROTECTION OF THE COMMUNITY AND THE BEST INTERESTS OF THE CHILD, AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15595-09-0

A. 10449--B                         2

THAT  NO  AVAILABLE  ALTERNATIVES TO PLACEMENT COULD ADEQUATELY MITIGATE
SUCH NEED.
  S 2. Paragraph (a) of subdivision 2 and subdivision 3 of section 352.2
of  the  family  court act, paragraph (a) of subdivision 2 as amended by
chapter 880 of the laws of 1985 and subdivision 3 as  added  by  chapter
920 of the laws of 1982, are amended to read as follows:
  (a)  In  determining an appropriate order the court shall consider AND
SHALL DIRECT A DISPOSITION THAT SPECIFICALLY MEETS the  needs  and  best
interests  of  the  respondent as well as the need for protection of the
community. If the respondent has committed a designated felony  act  the
court shall determine the appropriate disposition in accord with section
353.5  OF THIS PART.  In all other cases the court shall order the least
restrictive available alternative enumerated in subdivision one which is
consistent with the needs and best interests of the respondent  and  the
need for protection of the community.
  3. The order shall state the court's reasons for the particular dispo-
sition, including[,]:
  (A)  in  the case of a restrictive placement pursuant to section 353.5
OF THIS PART, the specific findings of fact required in such section[.];
AND
  (B) IN THE CASE OF PLACEMENT OF THE RESPONDENT IN THE CUSTODY  OF  THE
OFFICE  OF CHILDREN AND FAMILY SERVICES EITHER PURSUANT TO SECTION 353.3
OR 353.4 OF THIS PART, THE SPECIFIC FINDINGS OF FACT REQUIRED  BY  PARA-
GRAPH (B) OF SUBDIVISION ONE OF THIS SECTION.
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

co-Sponsors

2009-A10449C (ACTIVE) - Details

Current Committee:: Assembly Judiciary
Law Section:: Family Court Act
Laws Affected:: Amd §352.2, Fam Ct Act
Versions Introduced in 2011-2012 Legislative Session:: A4195

2009-A10449C (ACTIVE) - Summary

2009-A10449C (ACTIVE) - Bill Text download pdf

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

                                10449--C

                          I N  A S S E M B L Y

                             March 26, 2010
                               ___________

Introduced  by  M.  of A. LENTOL, ORTIZ -- read once and referred to the
  Committee on Judiciary -- committee discharged, bill amended,  ordered
  reprinted  as  amended  and  recommitted  to  said  committee -- again
  reported from said committee with  amendments,  ordered  reprinted  as
  amended  and recommitted to said committee -- again reported from said
  committee with amendments, ordered reprinted as amended and  recommit-
  ted to said committee

AN  ACT to amend the family court act, in relation to orders of disposi-
  tion

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

  Section  1. Subdivision 1 of section 352.2 of the family court act, as
added by chapter 920 of the laws of 1982, is amended to read as follows:
  1. (A) Upon the conclusion of the  dispositional  hearing,  the  court
shall enter an order of disposition:
  [(a)]  (I)  conditionally  discharging  the  respondent in accord with
section 353.1 OF THIS PART; or
  [(b)] (II) putting the respondent on probation in accord with  section
353.2 OF THIS PART; or
  [(c)]  (III)  continuing  the proceeding and placing the respondent in
accord with section 353.3 OF THIS PART; or
  [(d)] (IV) placing the respondent in accord with section 353.4 OF THIS
PART; or
  [(e)] (V) continuing the proceeding and placing the respondent under a
restrictive placement in accord with section 353.5 OF THIS PART.
  (B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF  THIS  SUBDIVI-
SION,  THE  COURT  SHALL  NOT  PLACE  A RESPONDENT IN THE CUSTODY OF THE
COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES  PURSUANT  TO
SUBDIVISION  THREE OF SECTION 353.3 OF THIS PART UNLESS THE COURT DETER-
MINES THAT:
  (I) CONDITIONAL DISCHARGE OF THE RESPONDENT  IN  ACCORD  WITH  SECTION
353.1  OF  THIS  PART,  OR PUTTING THE RESPONDENT ON PROBATION IN ACCORD
WITH SECTION 353.2 OF THIS PART, WOULD NOT BE APPROPRIATE; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15595-11-0

A. 10449--C                         2

  (II) THAT PLACEMENT OF THE RESPONDENT IS CONSISTENT WITH THE NEED  FOR
THE PROTECTION OF THE COMMUNITY AND THE BEST INTERESTS OF THE CHILD, AND
THAT  NO  AVAILABLE  ALTERNATIVES TO PLACEMENT COULD ADEQUATELY MITIGATE
SUCH NEED.
  S 2. Paragraph (a) of subdivision 2 and subdivision 3 of section 352.2
of  the  family  court act, paragraph (a) of subdivision 2 as amended by
chapter 880 of the laws of 1985 and subdivision 3 as  added  by  chapter
920 of the laws of 1982, are amended to read as follows:
  (a)  In  determining an appropriate order the court shall consider AND
SHALL DIRECT A DISPOSITION THAT SPECIFICALLY MEETS the  needs  and  best
interests  of  the  respondent as well as the need for protection of the
community. If the respondent has committed a designated felony  act  the
court shall determine the appropriate disposition in accord with section
353.5  OF THIS PART.  In all other cases the court shall order the least
restrictive available alternative enumerated in subdivision one which is
consistent with the needs and best interests of the respondent  and  the
need for protection of the community.
  3. The order shall state the court's reasons for the particular dispo-
sition, including[,]:
  (A)  in  the case of a restrictive placement pursuant to section 353.5
OF THIS PART, the specific findings of fact required in such section[.];
AND
  (B) IN THE CASE OF PLACEMENT OF THE RESPONDENT IN THE CUSTODY  OF  THE
OFFICE  OF CHILDREN AND FAMILY SERVICES EITHER PURSUANT TO SECTION 353.3
OR 353.4 OF THIS PART, THE SPECIFIC FINDINGS OF FACT REQUIRED  BY  PARA-
GRAPH (B) OF SUBDIVISION ONE OF THIS SECTION.
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

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Assembly Bill A10449

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Sponsored By

LENTOL

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Felix Ortiz

2009-A10449 - Details

2009-A10449 - Summary

2009-A10449 - Sponsor Memo

2009-A10449 - Bill Text download pdf

co-Sponsors

Felix Ortiz

2009-A10449A - Details

2009-A10449A - Summary

2009-A10449A - Sponsor Memo

2009-A10449A - Bill Text download pdf

co-Sponsors

Felix Ortiz

2009-A10449B - Details

2009-A10449B - Summary

2009-A10449B - Bill Text download pdf

co-Sponsors

Felix Ortiz

2009-A10449C (ACTIVE) - Details

2009-A10449C (ACTIVE) - Summary

2009-A10449C (ACTIVE) - Bill Text download pdf

Comments