Assembly Bill A502

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

                                   502

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. JEFFRIES -- read once and referred to the Commit-
  tee on Children and Families

AN  ACT  to amend the social services law, in relation to providing drug
  rehabilitative services to parents of a newborn who tests positive for
  alcohol and/or controlled substances; to amend the public health  law,
  in  relation  to  providing  for  testing  of  newborns for alcohol or
  controlled substances and establishing guidelines for sample  testing;
  and to amend the family court act, in relation to the admissibility of
  laboratory tests showing usage of a controlled substance and referring
  certain alcohol and substance abusers to drug treatment court

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

  Section 1. Subdivision 2 of section 422 of the social services law  is
amended by adding a new paragraph (e) to read as follows:
  (E) WHENEVER A REPORT HAS BEEN TRANSMITTED TO THE STATE CENTRAL REGIS-
TER  FOR ABUSE AND MALTREATMENT BY AN ATTENDING PHYSICIAN THAT A NEWBORN
HAS TESTED POSITIVE FOR ALCOHOL AND/OR FOR  A  CONTROLLED  SUBSTANCE  AS
DEFINED IN SECTION THIRTY-THREE HUNDRED SIX OF THE PUBLIC HEALTH LAW AND
THAT SUCH POSITIVE TOXICOLOGY WAS CONFIRMED BY A GAS CHROMATOGRAPHY WITH
MASS  SPECTROMETRY  TEST,  THE  LOCAL DISTRICT SHALL CONDUCT AN INVESTI-
GATION OF THE SUBJECT OF THE REPORT AND SHALL INVESTIGATE  THE  HOME  IN
WHICH  THE  NEWBORN  IS  TO RESIDE WITH THE CUSTODIAL PARENT IN ORDER TO
ASSESS WHETHER SUCH LIVING ARRANGEMENTS WILL IMPAIR THE CHILD  OR  PLACE
THE CHILD AT IMMINENT RISK OF IMPAIRMENT PURSUANT TO SUBPARAGRAPH (I) OF
PARAGRAPH  (A) OF SUBDIVISION TWO OF SECTION FOUR HUNDRED TWELVE OF THIS
TITLE AND SUBDIVISION (F) OF SECTION ONE THOUSAND TWELVE OF  THE  FAMILY
COURT  ACT.  THE  LOCAL  SOCIAL  SERVICES  COMMISSIONER SHALL IN WRITING
INFORM THE SUBJECT OF A REPORT TO THE CENTRAL REGISTER PURSUANT TO  THIS
SUBDIVISION  OF  THE AVAILABILITY OF DRUG AND/OR ALCOHOL SUBSTANCE ABUSE
TREATMENT  PROGRAMS,  INCLUDING   INTENSIVE   CAREGIVER   REHABILITATION

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

                                                           LBD00068-01-9

A. 502                              2

SERVICES,  IN WHICH THE SUBJECT OF THE REPORT MAY PARTICIPATE. THE LOCAL
SOCIAL SERVICES DISTRICT OR THE HOSPITAL  SHALL,  IF  APPROPRIATE,  MAKE
ARRANGEMENTS  FOR  THE  ADMISSION  OF  THE CARETAKER PARENT AND CHILD OR
CHILDREN  INTO  A  RESIDENTIAL  TREATMENT PROGRAM OR INTO AN OUT-PATIENT
TREATMENT PROGRAM PURSUANT TO SECTION FOUR HUNDRED NINE-A OF THIS  ARTI-
CLE.  THE SUBJECT OF A REPORT PURSUANT TO THIS SECTION SHALL BE INFORMED
IN  WRITING BY THE LOCAL COMMISSIONER OF SOCIAL SERVICES OF THE POSSIBLE
CIVIL CONSEQUENCES  OF  FAILING  TO  PARTICIPATE  AND  COMPLY  WITH  THE
REQUIREMENTS OF A SUBSTANCE-ABUSE TREATMENT PROGRAM.
  S  2.  Paragraph  (a)  of subdivision 5 of section 409-a of the social
services law, as added by chapter 610 of the laws of 1979 and as  desig-
nated by chapter 731 of the laws of 1989, such subdivision as renumbered
by chapter 465 of the laws of 1987, is amended to read as follows:
  (a)  Regulations  of  the  department, promulgated pursuant to and not
inconsistent with this section, shall contain program standards  includ-
ing,  but  not limited to: specification of services to be classified as
preventive services,  WHICH  SHALL  INCLUDE  SUBSTANCE  ABUSE  TREATMENT
SERVICES PROVIDED TO A PREGNANT WOMAN OR A CARETAKER PERSON; appropriate
circumstances  and  conditions for the provision of particular services;
appropriate providers and recipients of such services; and time  limits,
as  may  be  appropriate, for the provision of particular services.  The
department shall, subject to the approval of the director of the budget,
establish reimbursement or charge limitations for particular services or
groups of services to be provided.  The department shall also promulgate
regulations to prevent  social  services  districts  from  overutilizing
particular  forms  or  types  of  preventive  services  and to encourage
districts to provide balanced preventive services programs based on  the
identified needs of children and families residing in such districts.
  S 3. Section 423 of the social services law is amended by adding a new
subdivision 7 to read as follows:
  7.  (A)  SUBJECT  TO  THE  AMOUNTS  ANNUALLY APPROPRIATED SPECIFICALLY
THEREFOR, THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES
IS AUTHORIZED TO ISSUE  GRANTS  TO  NOT-FOR-PROFIT  ORGANIZATIONS  WHICH
SHALL, TO THE EXTENT PRACTICABLE, BE COMMUNITY-BASED AND/OR CONSORTIA OF
ORGANIZATIONS  WITH  COMMUNITY  ADVISORY  BOARDS,  TO CREATE AND ENHANCE
CAREGIVER REHABILITATION SERVICES WHICH WILL PROVIDE A SUBSTANCE ABUSING
PREGNANT WOMAN OR A CARETAKER PERSON WITH RESIDENTIAL AND/OR OUT-PATIENT
TREATMENT SERVICES, INCLUDING COUNSELING, PARENTING SKILLS AND INTENSIVE
CASE MONITORING. CAREGIVER REHABILITATION SERVICES  SHALL  PROVIDE  SUCH
ELIGIBLE PERSONS WITH AN OPPORTUNITY TO RECEIVE INTENSIVE REHABILITATION
TREATMENT  AND  INTENSIVE CASE MANAGEMENT SPECIALLY TAILORED TO ACCOMMO-
DATE THE NEEDS OF EXPECTANT MOTHERS AND CAREGIVERS WITH CHILDREN.
  (B) LOCAL SOCIAL  SERVICES  DISTRICTS  SHALL  MAKE  THE  PROVISION  OF
SUBSTANCE  ABUSE  TREATMENT  SERVICES TO A PREGNANT WOMAN OR A CARETAKER
PERSON A PRIORITY WHENEVER SUCH PERSON IS THE SUBJECT OF A REPORT TO THE
CENTRAL REGISTER PURSUANT TO SECTION FOUR  HUNDRED  TWENTY-TWO  OF  THIS
TITLE  OR  WHENEVER  SUCH PERSON REQUESTS SUCH ASSISTANCE FROM THE LOCAL
SOCIAL SERVICES DISTRICT IN WHICH SUCH PERSON  RESIDES.  SUCH  SUBSTANCE
ABUSE  TREATMENT  PROGRAMS SHALL BE CALLED INTENSIVE CAREGIVER REHABILI-
TATION SERVICES. THE INTENSIVE CAREGIVER REHABILITATION SERVICES PROGRAM
SHALL BE PROVIDED TO ELIGIBLE PERSONS PURSUANT TO THIS SECTION IN  ORDER
TO  PERMIT A CHILD TO BE PLACED WITH THE CHILD'S PARENT IN A RESIDENTIAL
PROGRAM THAT PROVIDES TREATMENT AND OTHER NECESSARY SERVICES FOR PARENTS
AND CHILDREN, INCLUDING COUNSELING,  PARENTING  SERVICES  AND  INTENSIVE
CASE MONITORING WHEN:

A. 502                              3

  (I)  THE  PARENT  OR  CAREGIVER  IS ATTEMPTING TO OVERCOME A SUBSTANCE
ABUSE PROBLEM AND IS COMPLYING WITH AN APPROVED TREATMENT PLAN;
  (II) THE SAFETY OF THE CHILD CAN BE ASSURED;
  (III)  THE  RANGE  OF  SERVICES PROVIDED BY THE PROGRAM IS DESIGNED TO
APPROPRIATELY ADDRESS THE NEEDS OF THE PARENT AND CHILD; AND
  (IV) THE GOAL OF THE CASE PLAN FOR THE CHILD IS EITHER TO  PREVENT  AN
OUT  OF  HOME  PLACEMENT OR TO TRY TO REUNIFY THE CHILD WITH THE FAMILY.
OUT-PATIENT SERVICES SHALL ALSO BE MADE AVAILABLE BY  THE  LOCAL  SOCIAL
SERVICES  DISTRICT  TO THOSE PREGNANT WOMEN AND CAREGIVERS WHOSE CIRCUM-
STANCES PREVENT THEM FROM ENROLLING IN A RESIDENTIAL  TREATMENT  PROGRAM
BUT  WHO  ARE  SEEKING INTENSIVE CAREGIVER REHABILITATION SERVICES IN AN
EFFORT TO ELIMINATE THEIR ADDICTION WHILE PRESERVING THEIR FAMILIES.
  (C) THE INTENSIVE CAREGIVER REHABILITATION SERVICES PROGRAM SHALL HAVE
A CASEWORKER TO CLIENT RATIO  WHICH  SHALL  NOT  EXCEED  ONE  TO  EIGHT.
INTENSIVE  TREATMENT SERVICES SHALL BE PROVIDED TO ELIGIBLE FAMILIES FOR
NOT LESS THAN NINETY DAYS ON EITHER  A  RESIDENTIAL  OR  AN  OUT-PATIENT
BASIS;  AND, WEEKLY FOLLOW-UP SERVICES SHALL BE PROVIDED FOR A PERIOD OF
NOT LESS THAN THREE MONTHS AS DETERMINED ON A CASE-BY-CASE BASIS.
  (D) THE COMMISSIONER OF THE OFFICE OF  CHILDREN  AND  FAMILY  SERVICES
SHALL  ISSUE A REQUEST FOR PROPOSALS TO SOLICIT APPLICATIONS FROM APPLI-
CANTS FROM COMMUNITIES IDENTIFIED AS HIGH NEED FROM AMONG  SUCH  FACTORS
AS  RATES  OF  CHILD  ABUSE  AND  NEGLECT, FEMALE INCARCERATION FOR DRUG
RELATED NON-VIOLENT CRIMES, FOSTER CARE PLACEMENT RATES,  POVERTY  RATES
AND PERCENTAGES OF HOUSEHOLDS ON PUBLIC ASSISTANCE.
  (E)  FUNDING  PRIORITY  SHALL  BE  GIVEN TO PROJECTS WHICH DEVELOP AND
IMPLEMENT A PERFORMANCE PLAN WITH SPECIFIC VERIFIABLE GOALS WHICH  SHALL
INCLUDE, BUT NOT BE LIMITED TO: REDUCTION OR ELIMINATION OF DRUG DEPEND-
ENCY  AT  PROGRAM'S  COMPLETION,  FOSTER  CARE PREVENTION, PREVENTION OF
SUBSEQUENT INVOLVEMENT OF CAREGIVER  WITH  THE  LOCAL  CHILD  PROTECTIVE
SERVICES AGENCY, APPROPRIATE PARENT/CAREGIVER CHILD INTERACTION, MAINTE-
NANCE OF A HEALTHY HOME ENVIRONMENT AND PARTICIPATION OF CHILD AND FAMI-
LY IN COUNSELING AND/OR SUPPORT SERVICES.
  S  4.  The public health law is amended by adding a new section 2500-k
to read as follows:
  S 2500-K. ALCOHOL AND SUBSTANCE ABUSE;  SCREENING  AND/OR  TESTING  OF
NEWBORNS.  1.  THE  COMMISSIONER SHALL ESTABLISH A COMPREHENSIVE PROGRAM
FOR THE SCREENING AND/OR TESTING OF NEWBORNS  FOR  EXPOSURE  TO  ALCOHOL
AND/OR A CONTROLLED SUBSTANCE, INCLUDING EXPOSURE WHICH RESULTS FROM THE
ABUSE OF PRESCRIPTION DRUGS.
  2. THE COMMISSIONER SHALL, NO LATER THAN NOVEMBER THIRTIETH, TWO THOU-
SAND  TEN DEVELOP DEPARTMENTAL RULES AND REGULATIONS FOR USE BY ADMINIS-
TRATORS OF PRIVATE AND PUBLIC HOSPITALS IN NEW YORK STATE  WHICH  ESTAB-
LISH  A  UNIFORM  HOSPITAL  PROTOCOL  IMPLEMENTING  THE PROGRAM REQUIRED
PURSUANT TO SUBDIVISION ONE OF THIS SECTION. SUCH PROTOCOL SHALL INCLUDE
THE ADMINISTRATION OF SCREENING, TESTING, REVIEW  PROCESSES,  COUNSELING
AND  REFERRALS  FOR  SUBSTANCE  ABUSE TREATMENT, WHERE APPROPRIATE. SUCH
PROTOCOLS SHALL DETAIL THE PRESENTING  MEDICAL  SYMPTOMS  WHICH    SHALL
REQUIRE THE RESPONSIBLE PHYSICIAN OR BIRTH ATTENDANT TO SCREEN, TEST AND
INITIATE  A  REVIEW  PROCESS FOR EXPOSURE TO ALCOHOL AND/OR A CONTROLLED
SUBSTANCE AS DEFINED IN SECTION THIRTY-THREE HUNDRED SIX OF  THIS  CHAP-
TER.  SUCH  PROTOCOLS SHALL EXPLICITLY STATE THAT THE EXPECTANT MOTHER'S
AGE, RACE,  MARITAL  STATUS,  SOURCE  OF  INCOME,  RESIDENCE,  INSURANCE
PROVIDER,  EDUCATIONAL LEVEL, OCCUPATION, PLACE OF EMPLOYMENT OR PROFES-
SION SHALL NOT BE A CONSIDERATION IN DETERMINING WHETHER OR NOT TO  TEST
A  NEWBORN  FOR EXPOSURE TO ALCOHOL AND/OR A CONTROLLED SUBSTANCE.  SUCH
PROTOCOL SHALL REQUIRE THAT: (A) EACH SCREENING FOR ALCOHOL AND/OR DRUGS

A. 502                              4

BE SUBJECTED TO A SECOND CONFIRMATORY TEST WHICH SHALL BE THE GAS  CHRO-
MATOGRAPHY  WITH MASS SPECTROMETRY TEST; (B) THAT A MEDICAL REVIEW OFFI-
CER INTERVIEW THE EXPECTANT OR POST-PARTUM WOMAN RELATIVE TO A  POSITIVE
TOXICOLOGY  REPORT  ON  HER NEWBORN; AND (C) EACH HOSPITAL COLLECT BLIND
DATA ON THE SCREENING, TESTING AND TREATMENT REFERRALS,  WHEN  APPROPRI-
ATE, TO FAMILIES OF NEWBORNS.
  3.  COMMENCING  ON  THE  FIRST  OF JANUARY NEXT SUCCEEDING THE DATE ON
WHICH THIS SECTION SHALL HAVE BECOME A LAW, THE COMMISSIONER SHALL ANNU-
ALLY MAKE AND PUBLISH A REPORT NO LATER THAN THE FIFTEENTH  OF  DECEMBER
OF  EACH YEAR. SUCH REPORT SHALL EVALUATE THE EFFECTIVENESS OF THE ALCO-
HOL AND DRUG SCREENING AND TESTING POLICY AND  PROTOCOL  ESTABLISHED  BY
THIS  SUBDIVISION.  SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO THE
FOLLOWING: THE NUMBER OF NEWBORNS SCREENED FOR EXPOSURE TO ALCOHOL OR  A
CONTROLLED  SUBSTANCE  BY  AGE,  RACE,  COLOR, ETHNICITY, SOCIO-ECONOMIC
STATUS, TYPE OF MEDICAL INSURANCE, AND ZIP CODE; THE NUMBER  OF  SCREENS
WHICH  RESULTED  IN  A  POSITIVE TOXICOLOGY; THE NUMBER OF SCREENS WHICH
WERE THEN SUBJECTED TO A SECOND CONFIRMATORY TEST; THE NUMBER  OF  FALSE
POSITIVE  TOXICOLOGY  REPORTS;  THE  NUMBER  OF  REVIEWS  CONDUCTED BY A
MEDICAL REVIEW OFFICER WHICH DETERMINED THERE WAS A LOW  PROBABILITY  OF
ALCOHOL  OR  SUBSTANCE  ABUSE  BY RACE, COLOR, ETHNICITY, SOCIO-ECONOMIC
STATUS, TYPE OF INSURANCE COVERAGE, AND ZIP CODE; THE NUMBER  OF  PHYSI-
CIAN REPORTS TO THE STATE CENTRAL REGISTER FOR CHILD ABUSE AND MALTREAT-
MENT OF A POSITIVE TOXICOLOGY WHICH HAS BEEN CONFIRMED AND REVIEWED; THE
NUMBER  OF  WOMEN  ADMITTED  TO  AN  INTENSIVE  CAREGIVER REHABILITATIVE
SERVICES PROGRAM AS A RESULT OF HOSPITAL  INTERVENTION;  THE  NUMBER  OF
ALCOHOL AND DRUG SCREENS PERFORMED BY PRIVATE HOSPITALS; AND, THE NUMBER
OF ALCOHOL AND DRUG SCREENS PERFORMED BY PUBLIC HOSPITALS.
  4.  ANY ALLEGED DISCRIMINATORY PRACTICE BY A PHYSICIAN AND/OR HOSPITAL
IN ITS APPLICATION OF SCREENING, TESTING  AND  REVIEW  PROTOCOLS  ESTAB-
LISHED  BY THIS SECTION SHALL BE ACTIONABLE BY A PRIVATE CAUSE OF ACTION
UNDER THE CIVIL RIGHTS LAW.
  S 5. Section 206 of the public health law is amended by adding  a  new
subdivision 26 to read as follows:
  26.  (A) THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS WHICH
MAY REQUIRE ANY PARTY PERFORMING ANALYSIS ON SAMPLES,  PURSUANT  TO  THE
PURPOSES  OF  THIS CHAPTER, TO BE SUBJECT TO AN INSPECTION AND VERIFICA-
TION CRITERIA PRESCRIBED BY THE DEPARTMENT. SUCH  CRITERIA  SHALL  BE  A
NECESSARY  COMPONENT  OF  ALL  AGREEMENTS  FOR SERVICES, AND REQUEST FOR
PROPOSALS ENTERED INTO FOR THE PURPOSE OF SATISFYING THE  PROVISIONS  OF
THIS  CHAPTER.  SUCH  RULES  AND REGULATIONS SHALL APPLY TO ALL ENTITIES
PERFORMING DUTIES TO SATISFY THE REQUIREMENTS OF THIS CHAPTER.
  (B) SUCH CRITERIA SHALL CONSIST OF AT LEAST THE FOLLOWING:
  (1) A DETERMINATION OF CUTOFF LIMITS FOR EACH TESTED COMPONENT;
  (2) A PRESCRIBED CHAIN OF CUSTODY GUIDELINES;
  (3) A REPORTING, REVIEW, AND RETEST PROTOCOL;
  (4) A DETERMINATION OF ACCEPTABLE LEVELS OF THE ACCURACY FOR THE LABO-
RATORY, INCLUDING, BUT NOT LIMITED TO THE FOLLOWING:
  (I) THE RATE OF FALSE NEGATIVES;
  (II) THE RATE OF FALSE POSITIVES;
  (III) THE NUMBER OF POSITIVE SAMPLES TESTED;
  (IV) THE NUMBER OF NEGATIVE SAMPLES TESTED;
  (V) THE SENSITIVITY OF THE TESTING PROCEDURE;
  (VI) THE SPECIFICITY OF THE TESTING PROCEDURE;
  (VII) THE TYPE OF TESTING EQUIPMENT; AND
  (VIII) THE LEVEL OF TRAINING OF STAFF  PARTICIPATING  IN  THE  TESTING
PROCEDURE;

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  (5)  A SCHEDULE FOR REVIEW AND INSPECTION OF THESE FACILITIES WITH THE
PERIOD BETWEEN SUCH REVIEWS NOT TO EXCEED ONE HUNDRED EIGHTY DAYS;
  (6)  A  PROCEDURE FOR RE-EVALUATION OF SAMPLES DIAGNOSED BY A FACILITY
OUT OF COMPLIANCE WITH THE CRITERIA ESTABLISHED BY THIS SUBDIVISION, ALL
SAMPLES DEEMED TO HAVE BEEN DIAGNOSED BY AN OUT OF  COMPLIANCE  FACILITY
SHALL  BE  ELIGIBLE  FOR  RE-EVALUATION,  THOSE  SAMPLES  SUBJECTED TO A
VIOLATION OF CHAIN OF CUSTODY STANDARDS SHALL BE  DEEMED  UNUSEABLE  AND
ADDITIONAL SAMPLES MUST BE OBTAINED FOR A VALID TEST TO BE PERFORMED;
  (7) THE COMMISSIONER SHALL COMPILE THE INFORMATION GATHERED IN COMPLI-
ANCE  WITH THIS SUBDIVISION, INTO A REPORT TO BE PUBLISHED ANNUALLY, AND
SUCH REPORT SHALL BE DELIVERED TO THE GOVERNOR, TEMPORARY  PRESIDENT  OF
THE  SENATE,  AND  THE  SPEAKER  OF  THE ASSEMBLY. INDIVIDUAL RESULTS OF
PARTICULAR SAMPLES SHALL NOT BE DISCLOSED IN SUCH REPORT.
  S 6. Paragraphs (vii) and (viii) of subdivision (a) of section 1046 of
the family court act, paragraph (vii) as amended by chapter 432  of  the
laws  of  1993 and paragraph (viii) as added by chapter 1015 of the laws
of 1972, are amended and a new  paragraph  (ix)  is  added  to  read  as
follows:
  (vii)  neither  the privilege attaching to confidential communications
between husband and wife, as set forth in section forty-five hundred two
of the civil practice law  and  rules,  nor  the  physician-patient  and
related  privileges,  as set forth in section forty-five hundred four of
the civil practice law and rules, nor the psychologist-client privilege,
as set forth in section forty-five hundred seven of the  civil  practice
law  and  rules, nor the social worker-client privilege, as set forth in
section forty-five hundred eight of the civil practice  law  and  rules,
nor  the rape crisis counselor-client privilege, as set forth in section
forty-five hundred ten of the civil practice law and rules, shall  be  a
ground  for  excluding  evidence which otherwise would be admissible[.];
AND
  (viii) proof of the "impairment of emotional health" or "impairment of
mental or emotional condition" as  a  result  of  the  unwillingness  or
inability  of the respondent to exercise a minimum degree of care toward
a child may include  competent  opinion  or  expert  testimony  and  may
include  proof  that  such  impairment lessened during a period when the
child was in the care, custody or supervision  of  a  person  or  agency
other than the respondent[.]; AND
  (IX)  THE  RESULTS  OF  ANY  LABORATORY  TEST  SHOWING  THE USAGE OF A
CONTROLLED SUBSTANCE BY, OR THE PRESENCE OF A CONTROLLED SUBSTANCE IN, A
PARENT, CHILD OR OTHER PERSON SHALL BE ADMISSIBLE ONLY IF:
  (A) SUCH TEST WAS CONDUCTED BY A LABORATORY THAT HAS MET THE  REQUIRE-
MENTS  ESTABLISHED  BY  SECTION  FIVE HUNDRED SEVENTY-FIVE OF THE PUBLIC
HEALTH LAW AND HAS BEEN LICENSED BY THE STATE PURSUANT TO SUCH  SECTION;
AND
  (B) THE LABORATORY AND THE PERSON OR INSTITUTION COLLECTING THE SAMPLE
HAS  ESTABLISHED  A CHAIN OF CUSTODY PROCEDURE FOR SAMPLE COLLECTING AND
TESTING THAT WILL VERIFY THE IDENTITY OF EACH SAMPLE  AND  TEST  RESULT;
AND
  (C)  THE COLLECTING ENTITY DIVIDES THE SAMPLE COLLECTED, IF SUFFICIENT
INTO TWO SEPARATE CONTAINERS AND PRESERVES ONE SAMPLE IN A SECURE FREEZ-
ER IN SUCH A WAY THAT IT CAN BE LATER TESTED FOR THE PRESENCE OF ALCOHOL
OR CONTROLLED SUBSTANCES; AND
  (D) THE SAMPLE IS RETESTED, BY GAS CHROMATOGRAPHY WITH MASS SPECTROME-
TRY WHICH PROVIDES QUANTITATIVE DATA ABOUT THE  DETECTED  DRUG  OR  DRUG
METABOLITES; AND

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  (E)  THE  RESULTS  INCLUDE THE TYPE OF TESTS CONDUCTED, THE RESULTS OF
EACH TEST, AND THE DETECTION LEVEL, MEANING THE CUTOFF OR  MEASURE  USED
TO DISTINGUISH POSITIVE FROM NEGATIVE SAMPLES.
  S  7.  Section 1051 of the family court act is amended by adding a new
subdivision (g) to read as follows:
  (G) WHERE THE COURT MAKES A FINDING OF NEGLECT OR ABUSE AND FINDS THAT
THE PARENT OR OTHER PERSON LEGALLY RESPONSIBLE FOR THE CHILD  MISUSES  A
DRUG  OR DRUGS OR ALCOHOLIC BEVERAGES, THE COURT MAY REFER THE CASE TO A
PART OF THE COURT KNOWN AS THE "DRUG TREATMENT COURT". THE  DRUG  TREAT-
MENT  COURT  MAY  REQUIRE  THAT THE RESPONDENT MEET WITH A CASE MANAGER,
COMPLY WITH A TREATMENT PLAN, AND SUBMIT  TO  OVERSIGHT  BY  THE  COURT,
INCLUDING  REGULAR  DRUG TESTING. THE DRUG TREATMENT COURT SHALL PROVIDE
FOR  SPEEDY  ENROLLMENT  OF  RESPONDENTS  INTO   APPROPRIATE   TREATMENT
PROGRAMS,  FREQUENT  AND  CONSISTENT MONITORING OF RESPONDENTS INCLUDING
REWARDING OF GOOD BEHAVIOR AND PENALIZING OF POOR  BEHAVIOR,  AND  EXPE-
DITED DECISION MAKING.
  S 8. This act shall take effect immediately.