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Assembly Bill A5003

2009-2010 Legislative Session

Authorizes the family court in each county to appoint an adjustment agency

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Archive: Last Bill Status - In Assembly Committee

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2009-A5003 (ACTIVE) - Details

Current Committee:
Assembly Children And Families
Law Section:
Social Services Law
Laws Affected:
Add ยง358-d, Soc Serv L

2009-A5003 (ACTIVE) - Summary

Authorizes the family court in each county to appoint an adjustment agency for the purpose of receiving referrals from the family court where a petition to remove a child to foster care has been made; provides local adjustment agency shall review such cases to determine what services are necessary, available and appropriate to avoid placement of a child outside the home or may restore the petition to the court's calendar.

2009-A5003 (ACTIVE) - Bill Text download pdf 

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

                                  5003

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2009
                               ___________

Introduced  by M. of A. V. LOPEZ, CLARK -- read once and referred to the
  Committee on Children and Families

AN ACT to amend the social services law, in relation  to  child  welfare
  diversion

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

  Section 1.  The social services law is amended by adding a new section
358-d to read as follows:
  S 358-D. CHILD WELFARE DIVERSION. 1. CHILD  WELFARE  DIVERSION.    THE
FAMILY  COURT IN EACH COUNTY MAY APPOINT A LOCAL PROBATION SERVICE, DULY
INCORPORATED COURT APPOINTED SPECIAL ADVOCATES, AN AUTHORIZED AGENCY  AS
DEFINED  IN  SECTION THREE HUNDRED SEVENTY-ONE OF THIS CHAPTER, OR OTHER
APPROPRIATE AGENCIES, TO SERVE, WITH THEIR  CONSENT,  AS  AN  ADJUSTMENT
AGENCY  FOR  THE PURPOSE OF RECEIVING REFERRALS FROM THE FAMILY COURT IN
ORDER TO DIVERT CASES FILED UNDER SECTION THREE HUNDRED FIFTY-EIGHT-A OF
THIS TITLE AND TO AVERT THE NEED  FOR,  OR  MINIMIZE  THE  DURATION  OF,
PLACEMENT  OF  CHILDREN  IN  FOSTER  CARE, BY ARRANGING AND COORDINATING
SERVICES TO THE FAMILY. NOTHING IN THIS SECTION SHALL  BE  CONSTRUED  TO
ENTITLE A PERSON OR ORGANIZATION SERVING AS AN ADJUSTMENT AGENCY PROVID-
ING  SUCH DIVERSION SERVICES TO ANY ADDITIONAL REIMBURSEMENT PURSUANT TO
THIS SECTION BEYOND THE SUMS AUTHORIZED BY OTHER  APPLICABLE  PROVISIONS
OF LAW.
  2. PROCEDURES. UPON FILING OF ANY PETITION UNDER SECTION THREE HUNDRED
FIFTY-EIGHT-A  OF  THIS  TITLE,  THE COURT MAY REFER THE PROCEEDING TO A
LOCAL ADJUSTMENT AGENCY FOR A PERIOD OF UP TO NINETY DAYS.
  3. ADJUSTMENT PROCESS. (A) THE ADJUSTMENT AGENCY SHALL CONFER WITH ALL
NECESSARY PARTIES TO ASSIST THE CHILD  AND  FAMILY,  TO  DETERMINE  WHAT
SERVICES  ARE  NECESSARY  AND  TO  ARRANGE  FOR  THE  PROVISION  OF SUCH
SERVICES. THE ADJUSTMENT AGENCY MAY, AT ANY TIME, NOTIFY THE COURT  THAT
THE  LOCAL DEPARTMENT OF SOCIAL SERVICES HAS FAILED TO PROVIDE NECESSARY
SERVICES. UPON FINDING, AFTER A HEARING, THAT SUCH SERVICES  ARE  NEEDED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08337-01-9

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