S T A T E O F N E W Y O R K
________________________________________________________________________
3085
2009-2010 Regular Sessions
I N A S S E M B L Y
January 22, 2009
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Introduced by M. of A. ROBINSON, SCARBOROUGH, TITUS, PERALTA, KOON,
PAULIN, PERRY, N. RIVERA -- read once and referred to the Committee on
Children and Families
AN ACT to amend the family court act, in relation to warrants and orders
of protection in persons in need of supervision cases
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision (g) of section 735 of the family court act, as
added by section 7 of part E of chapter 57 of the laws of 2005, is
amended to read as follows:
(g) (i) The designated lead agency shall promptly give written notice
to the potential petitioner whenever attempts to prevent the filing of a
petition have terminated, and shall indicate in such notice whether
efforts were successful. The notice shall also detail the diligent
attempts made to divert the case if a determination has been made that
there is no substantial likelihood that the youth will benefit from
further attempts. No persons in need of supervision petition may be
filed pursuant to this article during the period the designated lead
agency is providing diversion services. A finding by the designated lead
agency that the case has been successfully diverted shall constitute
presumptive evidence that the underlying allegations have been success-
fully resolved in any petition based upon the same factual allegations.
No petition may be filed pursuant to this article by the parent or other
person legally responsible for the youth where diversion services have
been terminated because of the failure of the parent or other person
legally responsible for the youth to consent to or actively participate.
(ii) [The] EXCEPT AS PROVIDED IN PARAGRAPH (III) OF THIS SUBDIVISION,
THE clerk of the court shall accept a petition for filing only if it has
attached thereto the following NOTICES:
(A) if the potential petitioner is the parent or other person legally
responsible for the youth, a notice from the designated lead agency
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01855-01-9
A. 3085 2
indicating there is no bar to the filing of the petition as the poten-
tial petitioner consented to and actively participated in diversion
services; and
(B) a notice from the designated lead agency stating that it has
terminated diversion services because it has determined that there is no
substantial likelihood that the youth and his or her family will benefit
from further attempts, and that the case has not been successfully
diverted.
(III) THE CLERK OF THE COURT SHALL ACCEPT A PETITION FOR FILING IF:
(A) THE POTENTIAL PETITIONER IS REQUESTING THAT THE COURT ISSUE A
WARRANT PURSUANT TO SECTION SEVEN HUNDRED THIRTY-EIGHT OF THIS PART,
BECAUSE THE RESPONDENT HAS ABSCONDED FROM THE HOME AND IS UNABLE TO BE
LOCATED; OR
(B) THE POTENTIAL PETITIONER IS REQUESTING THAT THE COURT ISSUE A
TEMPORARY ORDER OF PROTECTION, PURSUANT TO SECTION SEVEN HUNDRED FORTY
OR SEVEN HUNDRED FIFTY-NINE OF THIS ARTICLE, BECAUSE THE RESPONDENT
POSES AN IMMINENT RISK OF HARM TO THE POTENTIAL PETITIONER OR MEMBER OF
HIS OR HER HOUSEHOLD.
S 2. Subdivision (b) of section 742 of the family court act, as
amended by section 9 of part E of chapter 57 of the laws of 2005, is
amended to read as follows:
(b) At the initial appearance of the respondent, the court shall
review any termination of diversion services pursuant to such section,
and the documentation of diligent attempts to provide appropriate
services and determine whether such efforts or services provided are
sufficient and may, subject to the provisions of section seven hundred
forty-eight of this [article] PART, order that additional diversion
attempts be undertaken by the designated lead agency. The court may
order the youth and the parent or other person legally responsible for
the youth to participate in diversion services. AT THE INITIAL APPEAR-
ANCE OF THE RESPONDENT ON A PETITION FILED IN ACCORDANCE WITH SUBPARA-
GRAPH (A) OF PARAGRAPH (III) OF SUBDIVISION (G) OF SECTION SEVEN HUNDRED
THIRTY-FIVE OF THIS ARTICLE, THE COURT SHALL REFER THE RESPONDENT AND
PARENT TO THE DESIGNATED LEAD AGENCY FOR DIVERSION ATTEMPTS, UNLESS THE
COURT DETERMINES THAT THERE IS A SUBSTANTIAL LIKELIHOOD THAT THE CHILD
WOULD ABSCOND OR THAT IT WOULD BE CONTRARY TO THE CHILD'S BEST INTERESTS
FOR SUCH EFFORTS TO BE UNDERTAKEN. AT THE INITIAL APPEARANCE OF THE
RESPONDENT ON A PETITION FILED IN ACCORDANCE WITH SUBPARAGRAPH (B) OF
PARAGRAPH (III) OF SUBDIVISION (G) OF SECTION SEVEN HUNDRED THIRTY-FIVE
OF THIS ARTICLE, THE COURT SHALL REFER THE RESPONDENT AND PARENT TO THE
DESIGNATED LEAD AGENCY FOR DIVERSION ATTEMPTS, UNLESS THE COURT DETER-
MINES THAT THE CHILD CONTINUES TO POSE AN IMMINENT RISK TO THE PETITION-
ER OR A MEMBER OF HIS OR HER HOUSEHOLD OR THAT IT WOULD BE CONTRARY TO
THE CHILD'S BEST INTERESTS FOR SUCH EFFORTS TO BE UNDERTAKEN. If the
designated lead agency thereafter determines that [the] A case REFERRED
FOR DIVERSION EFFORTS UNDER THIS SUBDIVISION has been successfully
resolved, it shall so notify the court, and the court shall dismiss the
petition.
S 3. This act shall take effect on the ninetieth day after it shall
have become a law and shall apply to petitions filed on or after such
effective date.