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Assembly Bill A4599

2009-2010 Legislative Session

Requires orders placing juvenile delinquent in non-secure facility or foster care and PINS placement orders to include visitation and service plans

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Archive: Last Bill Status - In Assembly Committee

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2009-A4599 (ACTIVE) - Details

Current Committee:
Assembly Children And Families
Law Section:
Family Court Act
Laws Affected:
Amd ยงยง353.3, 355.5, 756 & 756-a, Fam Ct Act

2009-A4599 (ACTIVE) - Summary

Requires dispositional orders placing a juvenile delinquent in a non-secure facility or foster care, orders extending such juvenile delinquency placements, orders providing for the placement of a person in need of supervision, and orders extending such placements to include a description of the visitation plan, a service plan, and a direction that the parent or other person responsible for the respondent shall be notified of any planning conference, the right to attend such conferences and the right to representation thereat; such orders shall also provide notice that parental right may be terminated if the respondent remain in placement for 15 out of the most recent 22 months.

2009-A4599 (ACTIVE) - Bill Text download pdf 

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

                                  4599

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2009
                               ___________

Introduced  by  M.  of  A.  CYMBROWITZ  -- read once and referred to the
  Committee on Children and Families

AN ACT to amend the family court act, in relation to  dispositional  and
  permanency  hearings  in  juvenile  delinquency and persons in need of
  supervision proceedings

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

  Section  1. Section 353.3 of the family court act is amended by adding
a new subdivision 4-a to read as follows:
  4-A. WHEN THE RESPONDENT IS PLACED IN A NON-SECURE FACILITY OR  FOSTER
CARE  HOME PURSUANT TO PARAGRAPH (C) OF SUBDIVISION THREE OR SUBDIVISION
FOUR OF THIS SECTION, THE DISPOSITIONAL ORDER OR AN  ATTACHMENT  TO  THE
ORDER INCORPORATED BY REFERENCE INTO THE ORDER SHALL INCLUDE:
  (A) A DESCRIPTION OF THE VISITATION PLAN;
  (B) A SERVICE PLAN, IF AVAILABLE. IF THE SERVICE PLAN HAS NOT YET BEEN
DEVELOPED, THEN THE SERVICE PLAN MUST BE FILED WITH THE COURT AND DELIV-
ERED  TO THE PRESENTMENT AGENCY, LAW GUARDIAN AND PARENT OR OTHER PERSON
OR PERSONS LEGALLY RESPONSIBLE FOR THE CARE OF THE RESPONDENT  NO  LATER
THAN NINETY DAYS FROM THE DATE THE DISPOSITION WAS MADE; AND
  (C)  A  DIRECTION  THAT  THE PARENT OR OTHER PERSON OR PERSONS LEGALLY
RESPONSIBLE FOR THE RESPONDENT SHALL BE NOTIFIED OF ANY PLANNING CONFER-
ENCES, OF THEIR RIGHT TO ATTEND THE CONFERENCES, AND OF THEIR  RIGHT  TO
HAVE  COUNSEL  OR  OTHER  REPRESENTATIVE  OR COMPANION WITH THEM. IF THE
RESPONDENT IS PLACED WITH THE LOCAL COMMISSIONER OF SOCIAL SERVICES, THE
ORDER SHALL CONTAIN A DIRECTION THAT  THE  PARENT  OR  OTHER  PERSON  OR
PERSONS  LEGALLY RESPONSIBLE FOR THE RESPONDENT SHALL BE NOTIFIED OF ANY
PLANNING CONFERENCES TO BE HELD PURSUANT TO SUBDIVISION THREE OF SECTION
FOUR HUNDRED NINE-E OF THE SOCIAL SERVICES LAW, OF THEIR RIGHT TO ATTEND
THE CONFERENCES, AND OF THEIR RIGHT TO HAVE COUNSEL OR  OTHER  REPRESEN-
TATIVE OR COMPANION WITH THEM.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07508-01-9

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