LBD17292-07-0
S. 7833--A 2
6. WHERE THE COURT ISSUES AN EMERGENCY ORDER FOR IN-PATIENT DETOXIFI-
CATION SERVICES FOR CHEMICAL DEPENDENCE PURSUANT TO SECTION SEVEN
HUNDRED THIRTY-NINE OF THIS ARTICLE, SUCH SERVICES SHALL BE PROVIDED IN
A NON-SECURE FACILITY CERTIFIED OR LICENSED BY THE STATE OFFICE OF ALCO-
HOLISM AND SUBSTANCE ABUSE SERVICES TO PROVIDE SUCH SERVICES TO CHEMI-
CALLY DEPENDENT JUVENILES UNDER THE AGE OF EIGHTEEN IN ACCORDANCE WITH
ARTICLE NINETEEN OF THE MENTAL HYGIENE LAW.
S 3. Section 732 of the family court act is amended by adding a new
closing paragraph to read as follows:
A PETITION HEREUNDER MAY INCLUDE A REQUEST THAT THE COURT ISSUE AN
EMERGENCY ORDER FOR THE RESPONDENT TO RECEIVE IMMEDIATE IN-PATIENT
DETOXIFICATION SERVICES FOR CHEMICAL DEPENDENCE PURSUANT TO SECTION
SEVEN HUNDRED THIRTY-NINE OF THIS PART.
S 4. Subdivisions (d) and (e) of section 733 of the family court act,
subdivision (d) as amended by chapter 920 of the laws of 1982 and subdi-
vision (e) as amended by chapter 398 of the laws of 1983, are amended
and a new subdivision (f) is added to read as follows:
(d) the recognized agents of any duly authorized agency, association,
society or institution; [or]
(e) the presentment agency that consented to substitute a petition
alleging the person is in need of supervision for a petition alleging,
that the person is a juvenile delinquent pursuant to section 311.4[.];
OR
(F) IN A PROCEEDING THAT SEEKS A DETERMINATION THAT THE RESPONDENT IS
IN NEED OF TREATMENT FOR CHEMICAL DEPENDENCE, ONLY A PARENT OR OTHER
PERSON LEGALLY RESPONSIBLE FOR THE CARE OF SUCH RESPONDENT.
S 5. 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
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
S. 7833--A 3
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 IT
INCLUDES A REQUEST THAT THE COURT ISSUE AN EMERGENCY ORDER FOR THE
POTENTIAL RESPONDENT TO RECEIVE IMMEDIATE IN-PATIENT DETOXIFICATION
SERVICES FOR CHEMICAL DEPENDENCE PURSUANT TO SECTION SEVEN HUNDRED THIR-
TY-NINE OF THIS PART.
S 6. Section 739 of the family court act is amended by adding a new
subdivision (d) to read as follows:
(D)(I) WHERE A PETITION HAS BEEN FILED UNDER SECTION SEVEN HUNDRED
THIRTY-TWO OF THIS PART AND SUCH PETITION REQUESTS ISSUANCE OF AN EMER-
GENCY ORDER FOR THE POTENTIAL RESPONDENT TO RECEIVE IMMEDIATE IN-PATIENT
DETOXIFICATION SERVICES FOR CHEMICAL DEPENDENCE, THE COURT, IF IT FINDS
ON THE BASIS OF SWORN TESTIMONY BY THE RESPONDENT'S PARENT OR OTHER
PERSON LEGALLY RESPONSIBLE FOR HIS OR HER CARE AND/OR ANY OTHER EVIDENCE
THAT THE RESPONDENT MAY BE INCAPACITATED BY A CHEMICAL SUBSTANCE OR
SUBSTANCES TO THE DEGREE THAT THERE IS A LIKELIHOOD OF HARM TO HIM OR
HER, OR TO OTHERS, SHALL REFER THE RESPONDENT FOR AN IMMEDIATE ASSESS-
MENT BY AN INDEPENDENT CERTIFIED ALCOHOLISM OR SUBSTANCE ABUSE COUNSE-
LOR, AS DEFINED BY SUBDIVISION (D) OF SECTION 19.07 OF THE MENTAL
HYGIENE LAW, WHO HAS HAD TRAINING OR EXPERIENCE IN TREATMENT AND DIAGNO-
SIS OF CHEMICAL DEPENDENCE IN JUVENILES UNDER THE AGE OF EIGHTEEN. SUCH
COUNSELOR SHALL BE AN EMPLOYEE OF STATE OR LOCAL GOVERNMENT AND MAY NOT
BE EMPLOYED BY, OR HAVE FINANCIAL OR OTHER INTERESTS IN, ANY CHEMICAL
DEPENDENCE DETOXIFICATION OR TREATMENT PROGRAM THAT PROVIDES CARE OR
SERVICES TO JUVENILES UNDER THIS ARTICLE; EXCEPT THAT A COUNSELOR MAY BE
EMPLOYED BY SUCH A PROGRAM, PROVIDED THAT HE OR SHE HAS NO OTHER FINAN-
CIAL INTEREST THEREIN, WHERE THE COURT DETERMINES IN A MANNER NOT INCON-
SISTENT WITH RULES OF THE CHIEF ADMINISTRATOR OF THE COURTS, PROMULGATED
PURSUANT TO PARAGRAPH (S) OF SUBDIVISION TWO OF SECTION TWO HUNDRED
TWELVE OF THE JUDICIARY LAW, THAT THERE IS NO OTHERWISE AVAILABLE COUN-
SELOR WHO DOES NOT HAVE ANY FINANCIAL INTEREST IN SUCH PROGRAM.
(II) UPON THE COMPLETION OF SUCH ASSESSMENT, THE COURT SHALL HOLD A
HEARING AT WHICH THE INDEPENDENT CERTIFIED ALCOHOLISM OR SUBSTANCE ABUSE
COUNSELOR SHALL TESTIFY AND MAKE HIS OR HER REPORT TO THE COURT, WHICH
SHALL INCLUDE A DETERMINATION AS TO THE FOLLOWING:
(A) WHETHER THE RESPONDENT APPEARED TO BE INCAPACITATED AT THE TIME OF
THE ASSESSMENT BY REASON OF A DEPENDENCE UPON A NAMED CHEMICAL SUBSTANCE
OR SUBSTANCES;
(B) WHETHER, ON ACCOUNT OF SUCH INCAPACITATION, THERE IS A LIKELIHOOD
OF HARM TO THE RESPONDENT OR TO OTHERS UNLESS THE RESPONDENT RECEIVES
EMERGENCY DETOXIFICATION SERVICES FOR SUCH CHEMICAL DEPENDENCE; AND, IF
HE OR SHE DETERMINES THERE IS SUCH A LIKELIHOOD, THE COUNSELOR SHALL
RECOMMEND THE LEVEL OF CARE REQUIRED FOR SUCH SERVICES, WHETHER OR NOT
SUCH SERVICES MUST BE PROVIDED IN AN IN-PATIENT FACILITY PROVIDING
FULL-TIME MEDICAL SUPERVISION AND ANY OTHER FACTORS OF WHICH THE COURT
SHOULD TAKE ACCOUNT IN MAKING ITS ORDER HEREUNDER;
(C) IF THE COUNSELOR RECOMMENDS THAT SERVICES BE PROVIDED IN AN IN-PA-
TIENT FACILITY, WHETHER THERE IS SUCH A FACILITY IN THE COUNTY IN WHICH
THE COURT IS LOCATED THAT MEETS THE CRITERIA SPECIFIED IN SUBDIVISION
SIX OF SECTION SEVEN HUNDRED TWENTY OF THIS ARTICLE AND THAT IS AVAIL-
ABLE AND WILLING TO ACCEPT THE RESPONDENT FOR IMMEDIATE SERVICES;
PROVIDED THAT FOR PURPOSES OF SUBPARAGRAPH (D) OF THIS PARAGRAPH, COUN-
TIES COMPRISING A CITY WITH A POPULATION OF ONE MILLION OR MORE SHALL BE
TREATED AS A SINGLE COUNTY; AND
S. 7833--A 4
(D) IF THE COUNSELOR RECOMMENDS THAT SERVICES BE PROVIDED IN AN IN-PA-
TIENT FACILITY, AND REPORTS THAT THERE IS NO FACILITY IN THE COUNTY IN
WHICH THE COURT IS LOCATED THAT MEETS THE CRITERIA SPECIFIED IN SUBDIVI-
SION SIX OF SECTION SEVEN HUNDRED TWENTY OF THIS ARTICLE AND THAT IS
AVAILABLE AND WILLING TO ACCEPT THE RESPONDENT FOR IMMEDIATE SERVICES,
THE COUNSELOR SHALL REPORT TO THE COURT ON WHETHER A FACILITY IS AVAIL-
ABLE AND WILLING TO ACCEPT THE RESPONDENT WITHIN THIS STATE IN THE
FOLLOWING ORDER OF PRECEDENCE:
(1) A FACILITY IN ANOTHER COUNTY CONTIGUOUS TO SUCH COUNTY;
(2) A FACILITY IN ANOTHER COUNTY SERVED BY THE FIELD OFFICE OF THE
OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES SERVING SUCH COUNTY;
OR
(3) A FACILITY IN ANY OTHER COUNTY.
(III) THE COUNSELOR SHALL BE SUBJECT TO CROSS EXAMINATION AT THE HEAR-
ING HELD PURSUANT TO PARAGRAPH (II) OF THIS SUBDIVISION.
(IV) FOLLOWING THE HEARING HELD PURSUANT TO PARAGRAPH (II) OF THIS
SUBDIVISION AND UPON A FINDING OF FACTS AND REASONS THAT RESPONDENT
REQUIRES EMERGENCY DETOXIFICATION SERVICES FOR A CHEMICAL DEPENDENCE ON
AN IN-PATIENT BASIS, THE COURT SHALL ORDER SUCH SERVICES, UNLESS THE
RESPONDENT, UPON CONSULTATION WITH HIS OR HER ATTORNEY, AGREES TO ACCEPT
SUCH SERVICES VOLUNTARILY IN ACCORDANCE WITH SECTION 22.11 OF THE MENTAL
HYGIENE LAW. WHETHER EMERGENCY DETOXIFICATION SERVICES ARE ORDERED BY
THE COURT OR ACCEPTED VOLUNTARILY BY THE RESPONDENT, AND REGARDLESS OF
THE BASIS UPON WHICH SUCH SERVICES ARE TO BE PROVIDED, THE COURT SHALL
ADJOURN THE PROCEEDING FOR NOT MORE THAN THREE DAYS. THE COURT MAY
ADVANCE THE MATTER UPON APPLICATION BY THE FACILITY OR PROGRAM PROVIDING
SUCH SERVICES OR BY ANY PARTY.
(V) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (IV) OF THIS SUBDIVI-
SION, A COURT SHALL NOT ORDER EMERGENCY DETOXIFICATION SERVICES HERE-
UNDER UNLESS, IN ITS FINDING OF FACTS AND REASONS, IT COMPLIES WITH
SUBDIVISIONS (A) AND (C) OF THIS SECTION.
S 7. 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]. THE COURT may, AT ANY TIME, 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 agen-
cy, INCLUDING, BUT NOT LIMITED TO, UPON THE RESPONDENT'S APPEARANCE IN
COURT FOLLOWING THE PROVISION OF EMERGENCY IN-PATIENT OR OUT-PATIENT
DETOXIFICATION SERVICES FOR CHEMICAL DEPENDENCE IN ACCORDANCE WITH
SECTION SEVEN HUNDRED THIRTY-NINE OF THIS ARTICLE. The court may order
the youth and the parent or other person legally responsible for the
youth to participate in diversion services. If the designated lead agen-
cy thereafter determines that [the] A case REFERRED FOR DIVERSION
EFFORTS UNDER THIS SECTION has been successfully resolved, it shall so
notify the court, and the court shall dismiss the petition.
S 8. Section 746 of the family court act, as amended by chapter 920 of
the laws of 1982, is amended to read as follows:
S 746. Sequence of hearings. Upon completion of the fact-finding hear-
ing the dispositional hearing may commence immediately after the
required findings are made, PROVIDED, HOWEVER, THAT IN ANY CASE IN WHICH
(I) THE DISCHARGE PLAN FROM ANY PROGRAM OR FACILITY IN WHICH THE
S. 7833--A 5
RESPONDENT RECEIVED EMERGENCY DETOXIFICATION SERVICES PURSUANT TO
SECTION SEVEN HUNDRED THIRTY-NINE OF THIS ARTICLE RECOMMENDS TREATMENT
FOR CHEMICAL DEPENDENCE, AND (II) THE FACT-FINDING INCLUDES A DETERMI-
NATION BY THE COURT THAT THE RESPONDENT IS BEYOND THE CONTROL OF THE
PARENT OR GUARDIAN BY REASON OF SUCH CHEMICAL DEPENDENCE, THE DISPOSI-
TIONAL HEARING SHALL BE ADJOURNED PENDING COMPLETION OF A PROBATION
INVESTIGATION, DIAGNOSTIC ASSESSMENT AND CHEMICAL DEPENDENCE EVALUATION.
S 9. Subdivisions (a) and (b) of section 749 of the family court act,
subdivision (a) as amended by chapter 237 of the laws of 1991 and subdi-
vision (b) as amended by chapter 806 of the laws of 1973, are amended to
read as follows:
(a) Upon or after a fact-finding hearing, the court may, upon its own
motion or upon a motion of a party to the proceeding, order that the
proceeding be "adjourned in contemplation of dismissal".
(I) An adjournment in contemplation of dismissal is an adjournment of
the proceeding, for a period not to exceed six months with a view to
ultimate dismissal of the petition in furtherance of justice. Upon issu-
ing such an order, upon such permissible terms and conditions as the
rules of court shall define, the court must release the [individual]
RESPONDENT, EXCEPT AS PROVIDED BY PARAGRAPH (II) OF THIS SUBDIVISION.
(II) THE COURT MAY, AS A CONDITION OF AN ADJOURNMENT IN CONTEMPLATION
OF DISMISSAL ORDER, IN CASES WHERE THE RECORD, INCLUDING, BUT NOT LIMIT-
ED TO, THE DISCHARGE PLAN FROM A DETOXIFICATION PROGRAM OR FACILITY IN
WHICH THE RESPONDENT RECEIVED SERVICES IN ACCORDANCE WITH SECTION SEVEN
HUNDRED THIRTY-NINE OF THIS ARTICLE, ESTABLISHES THAT THE RESPONDENT IS
IN NEED OF TREATMENT FOR CHEMICAL DEPENDENCE, REQUIRE THE RESPONDENT TO
COOPERATE WITH A TREATMENT PROGRAM FOR CHEMICAL DEPENDENCE LICENSED OR
APPROVED BY THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES FOR
THE TREATMENT OF JUVENILES UNDER THE AGE OF EIGHTEEN IN ACCORDANCE WITH
ARTICLE NINETEEN OF THE MENTAL HYGIENE LAW.
(III) The court may, as a condition of an adjournment in contemplation
of dismissal order, in cases where the record indicates that the
consumption of alcohol may have been a contributing factor, require the
respondent to attend and complete an alcohol awareness program estab-
lished pursuant to [paragraph six-a of subdivision (a) of] section
[19.07] 19.15 of the mental hygiene law.
(IV) Upon application of the petitioner, or upon the court's own
motion, made at any time during the duration of the order, the court may
restore the matter to the calendar. If the proceeding is not so
restored, the petition is at the expiration of the order, deemed to have
been dismissed by the court in furtherance of justice.
(b) On its own motion, the court may adjourn the proceedings on
conclusion of a fact-finding hearing or during a dispositional hearing
to enable it to make inquiry into the surroundings, conditions and
capacities of the respondent.
(I) WHERE THE ESTABLISHMENT OF THE ALLEGATIONS IN THE PETITION, EITHER
UPON A FACT-FINDING HEARING OR UPON ENTRY OF AN ADMISSION OF A RESPOND-
ENT, INCLUDES A DETERMINATION THAT THE RESPONDENT IS IN NEED OF TREAT-
MENT FOR CHEMICAL DEPENDENCE, THE COURT SHALL ADJOURN THE PROCEEDINGS
FOR A DIAGNOSTIC ASSESSMENT AND EVALUATION BY AN INDEPENDENT CERTIFIED
ALCOHOLISM AND SUBSTANCE ABUSE COUNSELOR AS DEFINED IN SUBDIVISION (D)
OF SECTION 19.07 OF THE MENTAL HYGIENE LAW, WHO HAS HAD TRAINING OR
EXPERIENCE IN TREATMENT AND DIAGNOSIS OF CHEMICAL DEPENDENCE IN JUVE-
NILES UNDER THE AGE OF EIGHTEEN. SUCH COUNSELOR SHALL BE AN EMPLOYEE OF
STATE OR LOCAL GOVERNMENT AND MAY NOT BE EMPLOYED BY, OR HAVE ANY OTHER
FINANCIAL INTEREST IN, ANY CHEMICAL DEPENDENCY DETOXIFICATION OR TREAT-
S. 7833--A 6
MENT PROGRAM THAT PROVIDES CARE OF SERVICES TO JUVENILES UNDER THIS
ARTICLE; EXCEPT THAT A COUNSELOR MAY BE EMPLOYED BY SUCH A PROGRAM,
PROVIDED THAT HE OR SHE HAS NO OTHER FINANCIAL INTEREST THEREIN, WHERE
THE COURT DETERMINES IN A MANNER NOT INCONSISTENT WITH RULES OF THE
CHIEF ADMINISTRATOR OF THE COURTS, PROMULGATED PURSUANT TO PARAGRAPH (S)
OF SUBDIVISION TWO OF SECTION TWO HUNDRED TWELVE OF THE JUDICIARY LAW,
THAT THERE IS NO OTHERWISE AVAILABLE COUNSELOR WHO DOES NOT HAVE ANY
FINANCIAL INTEREST IN SUCH PROGRAM.
(A) SUCH COUNSELOR SHALL MAKE A REPORT, INCLUDING RECOMMENDATIONS AND
THE FACTS IN SUPPORT THEREOF, REGARDING WHETHER THE RESPONDENT IS IN
NEED OF TREATMENT FOR CHEMICAL DEPENDENCE; IF SO, FOR WHAT SUBSTANCE OR
SUBSTANCES AND UNDER WHAT LEVEL OF CARE; WHETHER OUT-PATIENT OR IN-PA-
TIENT; AND IF TREATMENT IS RECOMMENDED, WHETHER THERE IS A PROGRAM OR
FACILITY IN THE COUNTY IN WHICH THE COURT IS LOCATED THAT IS AVAILABLE,
THAT IS WILLING TO ACCEPT THE RESPONDENT AND IS CERTIFIED OR LICENSED BY
THE STATE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES TO PROVIDE
SUCH SERVICES TO CHEMICALLY DEPENDENT JUVENILES UNDER THE AGE OF EIGH-
TEEN IN ACCORDANCE WITH ARTICLE NINETEEN OF THE MENTAL HYGIENE LAW;
PROVIDED, THAT FOR THE PURPOSES OF THIS SUBPARAGRAPH AND SUBPARAGRAPH
(B) OF THIS PARAGRAPH, COUNTIES COMPRISING A CITY WITH A POPULATION OF
ONE MILLION OR MORE SHALL BE TREATED AS A SINGLE COUNTY.
(B) IF THE COUNSELOR REPORTS THAT THERE IS NO FACILITY WITHIN THE
COUNTY IN WHICH THE COURT SPECIFIED IN SUBPARAGRAPH (A) OF THIS PARA-
GRAPH THAT IS AVAILABLE AND WILLING TO ACCEPT THE RESPONDENT, THEN THE
COUNSELOR SHALL REPORT TO THE COURT ON WHETHER A FACILITY IS AVAILABLE
AND WILLING TO ACCEPT THE RESPONDENT WITHIN THIS STATE IN THE FOLLOWING
ORDER OF PRECEDENCE:
(1) A FACILITY IN ANOTHER COUNTY CONTIGUOUS TO SUCH COUNTY;
(2) A FACILITY IN ANOTHER COUNTY SERVED BY THE FIELD OFFICE OF THE
OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES SERVING SUCH COUNTY;
OR
(3) A FACILITY IN ANY OTHER COUNTY.
(II) An adjournment [on the court's motion] may not be for a period of
more than ten days if the respondent is detained, in which case not more
than a total of two such adjournments may be granted in the absence of
special circumstances. If the respondent is not detained, an adjournment
may be for a reasonable time, but the total number of adjourned days may
not exceed two months.
S 10. The section heading and subdivision 2 of section 750 of the
family court act, the section heading as added by chapter 878 of the
laws of 1976 and subdivision 2 as amended by chapter 41 of the laws of
2010, are amended to read as follows:
Probation reports; probation investigation [and], diagnostic assess-
ment AND CHEMICAL DEPENDENCE EVALUATION.
2. After the completion of the fact-finding hearing and the making of
the required findings and prior to the dispositional hearing, the
reports or memoranda prepared or obtained by the probation service and
furnished to the court shall be made available by the court for examina-
tion and copying by the child's counsel or by the respondent if he or
she is not represented by counsel. All diagnostic assessments, CHEMICAL
DEPENDENCE EVALUATIONS and probation investigation reports shall be
submitted to the court at least five court days prior to the commence-
ment of the dispositional hearing. In its discretion the court may
except from disclosure a part or parts of the reports or memoranda which
are not relevant to a proper disposition, or sources of information
which have been obtained on a promise of confidentiality, or any other
S. 7833--A 7
portion thereof, disclosure of which would not be in the interest of
justice. In all cases where a part or parts of the reports or memoranda
are not disclosed, the court shall state for the record that a part or
parts of the reports or memoranda have been excepted and the reasons for
its action. The action of the court excepting information from disclo-
sure shall be subject to review on any appeal from the order of disposi-
tion. If such reports or memoranda are made available to the respondent
or his or her counsel, they shall also be made available to the counsel
presenting the petition pursuant to section two hundred fifty-four OF
THIS CHAPTER and, in the court's discretion, to any other attorney
representing the petitioner.
S 11. Section 754 of the family court act is amended by adding a new
subdivision 3 to read as follows:
3. (A) WHERE THE COURT HAS DETERMINED, BASED UPON THE TESTIMONY AND
REPORT OF THE CERTIFIED ALCOHOLISM AND SUBSTANCE ABUSE COUNSELOR WHO
EVALUATED THE RESPONDENT IN ACCORDANCE WITH SUBDIVISION (B) OF SECTION
SEVEN HUNDRED FORTY-NINE OF THIS ARTICLE AND OTHER EVIDENCE ADDUCED,
THAT RESPONDENT IS IN NEED OF TREATMENT FOR CHEMICAL DEPENDENCE, THE
COURT MAY DIRECT, AS A CONDITION OF AN ORDER UNDER PARAGRAPH (B), (C) OR
(D) OF SUBDIVISION ONE OF THIS SECTION, THAT THE RESPONDENT COOPERATE
WITH A PROGRAM OF TREATMENT FOR CHEMICAL DEPENDENCE. SUCH PROGRAM, WHICH
MAY INCLUDE IN-PATIENT, AS WELL AS OUT-PATIENT, CARE, DEPENDING UPON THE
LEVEL OF CARE DETERMINED TO BE REQUIRED BY RESPONDENT, MUST BE CERTIFIED
OR LICENSED BY THE STATE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE
SERVICES TO PROVIDE SUCH SERVICES TO CHEMICALLY DEPENDENT JUVENILES
UNDER THE AGE OF EIGHTEEN IN ACCORDANCE WITH ARTICLE NINETEEN OF THE
MENTAL HYGIENE LAW.
(B)(I) IN SELECTING A PROGRAM FOR CHEMICAL DEPENDENCE PURSUANT TO THIS
SECTION, THE COURT SHALL CONSIDER THE REPORT OF THE INDEPENDENT ALCOHOL-
ISM AND SUBSTANCE ABUSE COUNSELOR PURSUANT TO PARAGRAPH (B) OF SECTION
SEVEN HUNDRED FORTY-NINE OF THIS ARTICLE. EXCEPT AS OTHERWISE PROVIDED
IN SUBPARAGRAPHS (II) AND (III) OF THIS PARAGRAPH, THE COURT SHALL
SELECT A PROGRAM WITHIN THE COUNTY IN WHICH THE COURT IS LOCATED;
PROVIDED THAT FOR PURPOSES OF THIS SUBPARAGRAPH, COUNTIES COMPRISING A
CITY WITH A POPULATION OF ONE MILLION OR MORE SHALL BE TREATED AS A
SINGLE COUNTY.
(II) IF SUCH REPORT FINDS THAT THERE IS NO FACILITY WITHIN THE COUNTY
SPECIFIED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH THAT IS AVAILABLE AND
WILLING TO ACCEPT THE RESPONDENT, THEN THE COURT MAY SELECT ANOTHER
FACILITY WITHIN THIS STATE IN THE FOLLOWING ORDER OF PRECEDENCE:
(A) A FACILITY IN ANOTHER COUNTY CONTIGUOUS TO SUCH COUNTY;
(B) A FACILITY IN ANOTHER COUNTY SERVED BY THE FIELD OFFICE OF THE
OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES SERVING SUCH COUNTY;
OR
(C) A FACILITY IN ANY OTHER COUNTY.
(III) NOTWITHSTANDING ANY CONTRARY PROVISION OF THIS PARAGRAPH, IF THE
REPORT DETERMINES THAT THE RESPONDENT MAY HAVE ONE OR MORE CO-OCCURRING
DISORDERS, INCLUDING BUT NOT LIMITED TO A MENTAL HEALTH DISORDER, AND
THAT THERE IS A FACILITY DUALLY LICENSED BY THE OFFICE OF ALCOHOLISM AND
SUBSTANCE ABUSE SERVICES AND ANOTHER STATE OFFICE OR AGENCY, WHICH
FACILITY IS AVAILABLE AND WILLING TO ACCEPT THE RESPONDENT AND CAN
PROVIDE BOTH CHEMICAL DEPENDENCE TREATMENT SERVICES AND SERVICES APPRO-
PRIATE TO SUCH CO-OCCURRING DISORDER OR DISORDERS, THEN THE COURT MAY
SELECT SUCH PROGRAM; PROVIDED, THAT THE COURT SHALL MAKE REASONABLE
EFFORTS TO SELECT THE PROGRAM LOCATED MOST PROXIMATE TO THE COUNTY IN
WHICH SUCH COURT IS LOCATED.
S. 7833--A 8
(C) WHERE AN ORDER FOR CHEMICAL DEPENDENCE TREATMENT HAS BEEN ENTERED
PURSUANT TO THIS PARAGRAPH, THE PROGRAM SHALL SUBMIT A WRITTEN REPORT ON
THE RESPONDENT'S PROGRESS NOT MORE THAN EVERY SIXTY DAYS DURING THE
PERIOD OF DISPOSITION TO THE COURT, THE RESPONDENT'S ATTORNEY AND PETI-
TIONER.
S 12. Paragraph 2 of subdivision (f) of section 19.15 of the mental
hygiene law, as amended by chapter 524 of the laws of 2005, is amended
to read as follows:
(2) The office shall on or before the first day of April in each year
file a written report with the governor, the temporary president of the
senate and the speaker of the assembly summarizing the results of any
special system or program directed at the special needs of women and
children affected by alcoholism, alcohol abuse, substance abuse,
substance dependence, or chemical dependence, INCLUDING CHILDREN WHO ARE
THE SUBJECTS OF PROCEEDINGS UNDER ARTICLE SEVEN OF THE FAMILY COURT ACT
AND WHO ARE ORDERED INTO DETOXIFICATION AND TREATMENT PROGRAMS FOR CHEM-
ICAL DEPENDENCE. Such report shall include but not be limited to a
statistical analysis of the effectiveness of such programs initiated by
the office together with suggested legislation deemed necessary or prop-
er for the implementation of new programs or future success and develop-
ment of existing programs.
S 13. Paragraphs 1 and 2 of subdivision (d) of section 19.07 of the
mental hygiene law, as amended by section 5 of part I of chapter 58 of
the laws of 2005, are amended to read as follows:
(1) The office shall establish minimum qualifications for counselors
in all phases of delivery of services to persons and their families who
are suffering from alcohol and/or substance abuse and/or chemical
dependence and/or compulsive gambling that shall include, but not be
limited to, completion of approved courses of study or equivalent
on-the-job experience in alcoholism and substance abuse counseling
and/or counseling of compulsive gambling. SUCH COURSES OR EXPERIENCES
SHALL INCLUDE TRAINING IN THE TREATMENT AND DIAGNOSIS OF YOUTH SUFFERING
FROM ALCOHOL AND/OR SUBSTANCE ABUSE AND/OR CHEMICAL DEPENDENCE.
(i) The office shall establish procedures for issuing, directly or
through contract, credentials to counselors who meet minimum qualifica-
tions, including the establishment of appropriate fees, and shall
further establish procedures to suspend, revoke, or annul such creden-
tials for good cause. Such procedures shall be promulgated by the
commissioner by rule or regulation.
(ii) The commissioner shall establish a credentialing board which
shall provide advice concerning the credentialing process.
(2) The establishment, with the advice of the advisory council on
alcoholism and substance abuse services, of minimum qualifications for
counselors in all phases of delivery of services to those suffering from
alcoholism, substance and/or chemical abuse and/or dependence and/or
compulsive gambling and their families that shall include, but not be
limited to, completion of approved courses of study or equivalent
on-the-job experience in counseling for alcoholism, substance and/or
chemical abuse and/or dependence and/or compulsive gambling, SUCH COURS-
ES OR EXPERIENCES SHALL INCLUDE TRAINING IN THE TREATMENT AND DIAGNOSIS
OF YOUTH SUFFERING FROM ALCOHOL AND/OR SUBSTANCE ABUSE AND/OR CHEMICAL
DEPENDENCE and issue credentials to counselors who meet minimum quali-
fications and suspend, revoke, or annul such credentials for good cause
in accordance with procedures promulgated by the commissioner by rule or
regulation.
S. 7833--A 9
S 14. Paragraphs 6 and 7 of subsection (l) of section 3221 of the
insurance law, paragraph 6 as amended by chapter 558 of the laws of 1999
and paragraph 7 as amended by chapter 565 of the laws of 2000, are
amended and a new paragraph 7-a is added to read as follows:
(6) (A) Every insurer delivering a group or school blanket policy or
issuing a group or school blanket policy for delivery, in this state,
which provides coverage for inpatient hospital care must make available
and, if requested by the policyholder, provide coverage for the diagno-
sis and treatment of chemical abuse and chemical dependence, however
defined in such policy, provided, however, that the term chemical abuse
shall mean and include alcohol and substance abuse and chemical depend-
ence shall mean and include alcoholism and substance dependence, however
defined in such policy. Written notice of the availability of such
coverage shall be delivered to the policyholder prior to inception of
such group policy and annually thereafter, except that this notice shall
not be required where a policy covers two hundred or more employees or
where the benefit structure was the subject of collective bargaining
affecting persons who are employed in more than one state.
(B) Such coverage shall be at least equal to the following:
(i) with respect to benefits for detoxification as a consequence of
chemical dependence, inpatient benefits in a hospital or a detoxifica-
tion facility may not be limited to less than seven days of active
treatment in any calendar year; and
(ii) with respect to benefits for rehabilitation services, such bene-
fits may not be limited to less than thirty days of inpatient care in
any calendar year.
(C) Such coverage may be limited to facilities in New York state which
are certified by the office of alcoholism and substance abuse services
and, in other states, to those which are accredited by the joint commis-
sion on accreditation of hospitals as alcoholism, substance abuse or
chemical dependence treatment programs.
(D) Such coverage shall be [made available] PROVIDED at the inception
of all new policies and with respect to all other policies at any anni-
versary date of the policy [subject to evidence of insurability].
(E) Such coverage may be subject to annual deductibles and co-insu-
rance as may be deemed appropriate by the superintendent and are
consistent with those imposed on other benefits within a given policy.
[Further, each insurer shall report to the superintendent each year the
number of contract holders to whom it has issued policies for the inpa-
tient treatment of chemical dependence, and the approximate number of
persons covered by such policies.]
(F) Such coverage shall not replace, restrict or eliminate existing
coverage provided by the policy.
(7) Every insurer delivering a group or school blanket policy or issu-
ing a group or school blanket policy for delivery in this state which
provides coverage for inpatient hospital care must provide coverage for
at least sixty outpatient visits in any calendar year AND CARE for the
diagnosis and treatment of chemical dependence [of which up to twenty
may be for family members, except that this]. THIS provision shall not
apply to a policy which covers persons employed in more than one state
or the benefit structure of which was the subject of collective bargain-
ing affecting persons who are employed in more than one state. Such
coverage may be limited to facilities in New York state certified by the
office of alcoholism and substance abuse services or licensed by such
office as outpatient clinics or medically supervised ambulatory
substance abuse programs and, in other states, to those which are
S. 7833--A 10
accredited by the joint commission on accreditation of hospitals as
alcoholism or chemical dependence treatment programs. Such coverage may
be subject to annual deductibles and co-insurance as may be deemed
appropriate by the superintendent and are consistent with those imposed
on other benefits within a given policy. Such coverage shall not
replace, restrict, or eliminate existing coverage provided by the poli-
cy. Except as otherwise provided in the applicable policy or contract,
no insurer delivering a group or school blanket policy or issuing a
group or school blanket policy providing coverage for alcoholism or
substance abuse services pursuant to this section shall deny coverage to
a family member who identifies themself as a family member of a person
suffering from the disease of alcoholism, substance abuse or chemical
dependency and who seeks treatment as a family member who is otherwise
covered by the applicable policy or contract pursuant to this section.
The coverage required by this paragraph shall include treatment as a
family member pursuant to such family members' own policy or contract
provided such family member [(i) does not exceed the allowable number of
family visits provided by the applicable policy or contract pursuant to
this section, and (ii)] is otherwise entitled to coverage pursuant to
this section and such family members' applicable policy or contract.
(7-A) EVERY INSURER DELIVERING A GROUP OR SCHOOL BLANKET POLICY OR
ISSUING A GROUP OR SCHOOL BLANKET POLICY FOR DELIVERY IN THIS STATE,
WHICH PROVIDES COVERAGE FOR INPATIENT HOSPITAL CARE, SHALL PROVIDE AS
PART OF SUCH POLICY COVERAGE FOR THE ASSESSMENT, DIAGNOSIS, AND TREAT-
MENT OF CHEMICAL ABUSE AND CHEMICAL DEPENDENCE PURSUANT TO A FAMILY
COURT REFERRAL FOR ASSESSMENT, ORDER OR CONDITION IN CONTEMPLATION OF
DISMISSAL REQUIRING SUCH ASSESSMENT, DIAGNOSIS OR TREATMENT, IN A
PROCEEDING DESCRIBED BY SUBDIVISION (F) OF SECTION SEVEN HUNDRED THIR-
TY-THREE OF THE FAMILY COURT ACT. THE TERM CHEMICAL ABUSE SHALL MEAN AND
INCLUDE ALCOHOL AND SUBSTANCE ABUSE AND CHEMICAL DEPENDENCE SHALL MEAN
AND INCLUDE ALCOHOLISM AND SUBSTANCE DEPENDENCE, HOWEVER DEFINED IN SUCH
POLICY.
(A) SUCH COVERAGE SHALL BE AT LEAST EQUAL TO THE FOLLOWING:
(I) WITH RESPECT TO BENEFITS FOR DETOXIFICATION AS A CONSEQUENCE OF
CHEMICAL DEPENDENCE, INPATIENT BENEFITS IN A HOSPITAL OR A DETOXIFICA-
TION FACILITY MAY NOT BE LIMITED TO LESS THAN SEVEN DAYS OF ACTIVE
TREATMENT IN ANY CALENDAR YEAR; AND
(II) WITH RESPECT TO BENEFITS FOR REHABILITATION SERVICES, SUCH BENE-
FITS MAY NOT BE LIMITED TO LESS THAN THIRTY DAYS OF INPATIENT CARE IN
ANY CALENDAR YEAR.
(B) SUCH COVERAGE MAY BE LIMITED TO FACILITIES IN NEW YORK STATE WHICH
ARE CERTIFIED BY THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES
AND, IN OTHER STATES, TO THOSE WHICH ARE ACCREDITED BY THE JOINT COMMIS-
SION ON ACCREDITATION OF HOSPITALS AND ALCOHOLISM, SUBSTANCE ABUSE OR
CHEMICAL DEPENDENCE TREATMENT PROGRAMS.
(C) SUCH COVERAGE MAY NOT BE SUBJECT TO THE PROVIDER NETWORK REQUIRE-
MENTS OF THE POLICY, IF ANY, WHERE APPLICABLE. AFTER SEVEN CALENDAR
DAYS, COVERAGE FOR THE TREATMENT OF CHEMICAL ABUSE AND CHEMICAL DEPEND-
ENCE MAY BE SUBJECT TO UTILIZATION REVIEW OF HEALTH CARE SERVICES,
INCLUDING THE REVIEW OF MEDICAL NECESSITY, CASE MANAGEMENT AND OTHER
MANAGED CARE PROVISIONS.
(D) SUCH COVERAGE MAY NOT BE SUBJECT TO ANNUAL DEDUCTIBLES BUT MAY BE
SUBJECT TO CO-PAYMENTS AND CO-INSURANCE AS MAY BE DEEMED APPROPRIATE BY
THE SUPERINTENDENT AND ARE CONSISTENT WITH THOSE IMPOSED ON OTHER BENE-
FITS WITHIN A GIVEN POLICY.
S. 7833--A 11
S 15. Paragraphs 17, 18 and 19 of subsection (b) of section 4322 of
the insurance law, as added by chapter 504 of the laws of 1995, are
amended to read as follows:
(17) Inpatient diagnosis and treatment of mental, nervous or emotional
disorders or ailments up to thirty days per calendar year combined with
inpatient treatment of alcoholism [and], substance abuse OR CHEMICAL
DEPENDENCE.
(18) Inpatient diagnosis and treatment of alcoholism and alcohol abuse
and substance abuse and [substance] CHEMICAL dependence [up to thirty
days per calendar year] AND for detoxification [combined with inpatient
treatment of mental, nervous or emotional disorders or ailments].
(19) Outpatient diagnosis and treatment of mental, nervous or
emotional disorders or ailments [up to thirty non-emergency and three
emergency visits per calendar year] AND DISORDERS OF ALCOHOLISM AND
ALCOHOL ABUSE AND SUBSTANCE ABUSE AND CHEMICAL DEPENDENCE.
S 16. Subsections (k) and (l) of section 4303 of the insurance law,
subsection (k) as amended by chapter 558 of the laws of 1999 and
subsection (l) as amended by chapter 565 of the laws of 2000, are
amended and a new subsection (l-1) is added to read as follows:
(k) A hospital service corporation or a health service corporation
which provides group, group remittance or school blanket coverage for
inpatient hospital care [must make available and if requested by the
contract holder] SHALL provide AS PART OF SUCH POLICY coverage for the
diagnosis and treatment of chemical abuse and chemical dependence,
however defined in such policy, provided, however, that the term chemi-
cal abuse shall mean and include alcohol and substance abuse and chemi-
cal dependence shall mean and include alcoholism and substance depend-
ence, however defined in such policy, except that this provision shall
not apply to a policy which covers persons employed in more than one
state or the benefit structure of which was the subject of collective
bargaining affecting persons who are employed in more than one state.
Such coverage shall be at least equal to [the following] COVERAGE
PROVIDED FOR OTHER HEALTH CONDITIONS AND SHALL INCLUDE: (1) [with
respect to] benefits for detoxification as a consequence of chemical
dependence, inpatient benefits for care in a hospital or detoxification
facility [may not be limited to less than seven days of active treatment
in any calendar year]; and (2) [with respect to] benefits for inpatient
rehabilitation services[, such benefits may not be limited to less than
thirty days of] AND inpatient rehabilitation in a hospital based or free
standing chemical dependence facility in [any calendar year] A HOSPITAL
OR REHABILITATION FACILITY. Such coverage may be limited to facilities
in New York state which are certified by the office of alcoholism and
substance abuse services and, in other states, to those which are
accredited by the joint commission on accreditation of hospitals as
alcoholism, substance abuse, or chemical dependence treatment programs.
Such coverage shall be [made available] PROVIDED at the inception of all
new policies and with respect to policies issued before the effective
date of this subsection at the first annual anniversary date thereafter,
without evidence of insurability [and at any subsequent annual anniver-
sary date subject to evidence of insurability]. Such coverage may be
subject to annual deductibles and co-insurance as may be deemed appro-
priate by the superintendent and are consistent with those imposed on
other benefits within a given policy. [Further, each hospital service
corporation or health service corporation shall report to the super-
intendent each year the number of contract holders to whom it has issued
policies for the inpatient treatment of chemical dependence, and the
S. 7833--A 12
approximate number of persons covered by such policies.] Such coverage
shall not replace, restrict or eliminate existing coverage provided by
the policy. Written notice of the availability of such coverage shall be
delivered to the group remitting agent or group contract holder prior to
inception of such contract and annually thereafter, except that this
notice shall not be required where a policy covers two hundred or more
employees or where the benefit structure was the subject of collective
bargaining affecting persons who are employed in more than one state.
(l) A hospital service corporation or a health service corporation
which provides group, group remittance or school blanket coverage for
inpatient hospital care must provide coverage for at least sixty outpa-
tient visits in any calendar year CARE for the diagnosis and treatment
of chemical dependence [of which up to twenty may be for family members,
except that this]. THIS provision shall not apply to a contract issued
pursuant to section four thousand three hundred five of this article
which covers persons employed in more than one state or the benefit
structure of which was the subject of collective bargaining affecting
persons who are employed in more than one state. Such coverage may be
limited to facilities in New York state certified by the office of alco-
holism and substance abuse services or licensed by such office as outpa-
tient clinics or medically supervised ambulatory substance abuse
programs and, in other states, to those which are accredited by the
joint commission on accreditation of hospitals as alcoholism or chemical
dependence substance abuse treatment programs. Such coverage may be
subject to annual deductibles and co-insurance as may be deemed appro-
priate by the superintendent and are consistent with those imposed on
other benefits within a given policy. Such coverage shall not replace,
restrict or eliminate existing coverage provided by the policy. Except
as otherwise provided in the applicable policy or contract, no hospital
service corporation or health service corporation providing coverage for
alcoholism or substance abuse services pursuant to this section shall
deny coverage to a family member who identifies themself as a family
member of a person suffering from the disease of alcoholism, substance
abuse or chemical dependency and who seeks treatment as a family member
who is otherwise covered by the applicable policy or contract pursuant
to this section. The coverage required by this subsection shall include
treatment as a family member pursuant to such family members' own policy
or contract provided such family member [(i) does not exceed the allow-
able number of family visits provided by the applicable policy or
contract pursuant to this section, and (ii)] is otherwise entitled to
coverage pursuant to this section and such family members' applicable
policy or contract.
(L-1) EVERY INSURER DELIVERING A GROUP OR SCHOOL BLANKET POLICY OR
ISSUING A GROUP OR SCHOOL BLANKET POLICY FOR DELIVERY IN THIS STATE,
WHICH PROVIDES COVERAGE FOR INPATIENT HOSPITAL CARE, SHALL PROVIDE AS
PART OF SUCH POLICY COVERAGE FOR THE ASSESSMENT, DIAGNOSIS, AND TREAT-
MENT OF CHEMICAL ABUSE AND CHEMICAL DEPENDENCE PURSUANT TO A FAMILY
COURT REFERRAL FOR ASSESSMENT, ORDER OR CONDITION IN CONTEMPLATION OF
DISMISSAL REQUIRING SUCH ASSESSMENT, DIAGNOSIS OR TREATMENT, IN A
PROCEEDING DESCRIBED BY SUBDIVISION (F) OF SECTION SEVEN HUNDRED THIR-
TY-THREE OF THE FAMILY COURT ACT. THE TERM CHEMICAL ABUSE SHALL MEAN AND
INCLUDE ALCOHOL AND SUBSTANCE ABUSE AND CHEMICAL DEPENDENCE SHALL MEAN
AND INCLUDE ALCOHOLISM AND SUBSTANCE DEPENDENCE, HOWEVER DEFINED IN SUCH
POLICY.
(1) SUCH COVERAGE SHALL BE AT LEAST EQUAL TO THE FOLLOWING:
S. 7833--A 13
(A) WITH RESPECT TO BENEFITS FOR DETOXIFICATION AS A CONSEQUENCE OF
CHEMICAL DEPENDENCE, IN PATIENT BENEFITS IN A HOSPITAL OR A DETOXIFICA-
TION FACILITY MAY NOT BE LIMITED TO LESS THAN SEVEN DAYS OF ACTIVE
TREATMENT IN ANY CALENDAR YEAR; AND
(B) WITH RESPECT TO BENEFITS FOR REHABILITATION SERVICES, SUCH BENE-
FITS MAY NOT BE LIMITED TO LESS THAN THIRTY DAYS OF INPATIENT CARE IN
ANY CALENDAR YEAR.
(2) SUCH COVERAGE MAY BE LIMITED TO FACILITIES IN NEW YORK STATE WHICH
ARE CERTIFIED BY THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES
AND, IN OTHER STATES, TO THOSE WHICH ARE ACCREDITED BY THE JOINT COMMIS-
SION ON ACCREDITATION OF HOSPITALS AS ALCOHOLISM, SUBSTANCE ABUSE OR
CHEMICAL DEPENDENCE TREATMENT PROGRAMS.
(3) SUCH COVERAGE MAY NOT BE SUBJECT TO THE PROVIDER NETWORK REQUIRE-
MENTS OF THE POLICY, IF ANY, WHERE APPLICABLE. AFTER SEVEN CALENDAR
DAYS, COVERAGE FOR THE TREATMENT OF CHEMICAL ABUSE AND CHEMICAL DEPEND-
ENCE MAY BE SUBJECT TO UTILIZATION REVIEW OF HEALTH CARE SERVICES,
INCLUDING THE REVIEW OF MEDICAL NECESSITY, CASE MANAGEMENT AND OTHER
MANAGED CARE PROVISIONS.
(4) SUCH COVERAGE MAY NOT BE SUBJECT TO ANNUAL DEDUCTIBLES BUT MAY BE
SUBJECT TO CO-PAYMENTS AND CO-INSURANCE AS MAY BE DEEMED APPROPRIATE BY
THE SUPERINTENDENT AND ARE CONSISTENT WITH THOSE IMPOSED ON OTHER BENE-
FITS WITHIN A GIVEN POLICY.
S 17. Subdivision 2 of section 212 of the judiciary law is amended by
adding a new paragraph (s) to read as follows:
(S) ADOPT RULES IN RELATION TO INDEPENDENT ALCOHOLISM AND SUBSTANCE
ABUSE COUNSELORS PURSUANT TO SUBDIVISION (D) OF SECTION SEVEN HUNDRED
THIRTY-NINE OF THE FAMILY COURT ACT.
S 18. Severability. If any clause, sentence, paragraph, section or
part of any provision of this act be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair or
invalidate the remainder thereof, but shall be confined in its operation
to the clause, sentence, paragraph, section or part of the provision
directly involved in the controversy in which such judgment shall have
been rendered.
S 19. This act shall take effect on the one hundred twentieth day
after it shall have become a law and shall apply to petitions filed on
or after such date; provided, however that the amendments to sections
3221, 4322 and 4303 of the insurance law, made by sections fourteen,
fifteen and sixteen of this act, shall apply to policies or contracts
issued, renewed, modified, altered or amended on and after such date.
