Senate Bill S6709C

2009-2010 Legislative Session

Provides that a child shall not be placed with the office of children and family services at the conclusion of a dispositional hearing unless the court finds that discharge would not be appropriate

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 23, 2010	referred to judiciary
Jun 22, 2010	delivered to assembly passed senate
Jun 16, 2010	amended on third reading 6709c
May 26, 2010	advanced to third reading
May 25, 2010	2nd report cal.
May 24, 2010	1st report cal.617
May 20, 2010	print number 6709b
May 20, 2010	amend and recommit to codes
May 14, 2010	print number 6709a
May 14, 2010	amend and recommit to codes
Mar 09, 2010	reported and committed to codes
Jan 29, 2010	referred to children and families

Votes

- Jun 22, 2010 - Floor Vote
  S6709C
  
  Aye
  
  32
  
  Nay
  
  29
  
  Absent
  
  0
  
  Excused
  
  1
  
  Abstained
  
  0
  - - Floor Vote: Jun 22, 2010
      
      aye (32)
      
      Adams
      
      Addabbo Jr.
      
      Aubertine
      
      Breslin
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Foley
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      Montgomery
      
      Onorato
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      nay (29)
      
      Alesi
      
      Bonacic
      
      DeFrancisco
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Johnson
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Nozzolio
      
      Padavan
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Seward
      
      Skelos
      
      Volker
      
      Winner
      
      Young
      
      excused (1)
      
      Morahan
  May 24, 2010 - Codes Committee Vote
  S6709C
  
  Aye
  
  9
  
  Nay
  
  6
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Codes Committee Vote: May 24, 2010
      
      aye (9)
      
      Breslin
      
      Duane
      
      Huntley
      
      Klein
      
      Parker
      
      Perkins
      
      Sampson
      
      Schneiderman
      
      Squadron
      
      nay (6)
      
      Bonacic
      
      DeFrancisco
      
      Flanagan
      
      Golden
      
      Lanza
      
      Volker
      
      aye wr (1)
      
      Saland
  Mar 9, 2010 - Children And Families Committee Vote
  S6709C
  
  Aye
  
  4
  
  Nay
  
  1
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Children And Families Committee Vote: Mar 9, 2010
      
      aye (4)
      
      Duane
      
      Huntley
      
      Montgomery
      
      Schneiderman
      
      nay (1)
      
      McDonald
      
      aye wr (1)
      
      Marcellino

Bill Amendments

Original

C (Active)

co-Sponsors

View additional co-sponsors

2009-S6709 - Details

See Assembly Version of this Bill:: A10449
Current Committee:: Assembly Judiciary
Law Section:: Family Court Act
Laws Affected:: Amd §352.2, Fam Ct Act
Versions Introduced in 2011-2012 Legislative Session:: S66, A4195

2009-S6709 - Summary

Provides that a child shall not be placed in the custody of the office of children and family services at the conclusion of a dispositional hearing unless the court finds that conditional discharge would not be appropriate and that the respondent poses a significant threat to public safety.

2009-S6709 - Sponsor Memo

                                 BILL NUMBER:  S6709

 TITLE OF BILL :
An act to amend the family court act, in relation to orders of
disposition


 PURPOSE OF THE BILL :
To prevent the unnecessary placement of children in juvenile justice
facilities.

 SUMMARY OF PROVISIONS :
Section 1 amends the Family Court Act to require a judge to place a
youth who is not eligible for conditional discharge in an alternative
to placement program unless such placement would pose a significant
risk to public safety and no appropriate alternative to placement
program were available.

Section 2 makes a corresponding change in the Family Court Act.

Section 3 contains the effective date.

 EXISTING LAW :
The Family Court Act currently requires family court judges to
consider "the best interests of the respondent as well as the need for
protection of the community" when deciding a disposition in a

delinquency case. The law further directs, except for designated
felony cases, "the court shall order the least restrictive available
alternative...which is consistent with the needs and best interests of
the respondent and the need for protection of the community." This
bill clarifies that it is not in a youth's best interest or in the
best interest of the public for a youth to be placed in a juvenile
justice facility unless they pose a risk to public safety or there are
no adequate means to rehabilitate the youth within their community.

 PRIOR LEGISLATIVE HISTORY :
This is a new bill.

 STATEMENT IN SUPPORT :
This bill is in response to the Governor's Task Force on Transforming
Juvenile Justice recommendation to reduce the state's reliance on
institutional placements for youth who pose no significant risk to
public safety.

Over 53% of the youth who were placed in institutional facilities in
2007 were admitted for low level or misdemeanor adjudications. The
Task Force reports that many of these youth were placed because judges
believed that the youth's community lacked necessary mental health and
substance abuse resources. This punishes children for circumstances
that are beyond their control. Further, and distressingly, we know
from the Department of Justice investigation that these youth do not
receive the mental health and substance abuse treatment that they need
in these facilities, and that indeed these problems become more severe
when these youth are uprooted from their communities.

If enacted, this bill would require that judges place youth within
their community, unless there are not adequate services available to
avert the placement in a juvenile justice facility, or public safety
would be put at risk. It is time New York reserved placement in
juvenile justice institutions for those youth who pose a risk to
public safety.

 BUDGET IMPLICATIONS :
To be determined.

 EFFECTIVE DATE :
April 1, 2010.

2009-S6709 - Bill Text download pdf

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

                                  6709

                            I N  S E N A T E

                            January 29, 2010
                               ___________

Introduced   by  Sens.  MONTGOMERY,  DUANE,  HASSELL-THOMPSON,  ONORATO,
  SCHNEIDERMAN -- read twice and ordered printed, and when printed to be
  committed to the Committee on Children and Families

AN ACT to amend the family court act, in relation to orders of  disposi-
  tion

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

  Section 1. Subdivision 1 of section 352.2 of the family court act,  as
added by chapter 920 of the laws of 1982, is amended to read as follows:
  1.  (A)  Upon  the  conclusion of the dispositional hearing, the court
shall enter an order of disposition:
  [(a)] (I) conditionally discharging  the  respondent  in  accord  with
section 353.1; or
  [(b)]  (II) putting the respondent on probation in accord with section
353.2; or
  [(c)] (III) continuing the proceeding and placing  the  respondent  in
accord with section 353.3; or
  [(d)] (IV) placing the respondent in accord with section 353.4; or
  [(e)] (V) continuing the proceeding and placing the respondent under a
restrictive placement in accord with section 353.5.
  (B)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION, THE COURT SHALL NOT PLACE A  RESPONDENT  IN  THE  CUSTODY  OF  THE
COMMISSIONER  OF  THE OFFICE OF CHILDREN AND FAMILY SERVICES PURSUANT TO
EITHER SUBPARAGRAPHS (III) OR (IV) OF PARAGRAPH (A) OF THIS  SUBDIVISION
UNLESS  THE  COURT  DETERMINES  THAT  (I)  CONDITIONAL  DISCHARGE OF THE
RESPONDENT PURSUANT TO SECTION 351.1 WOULD NOT BE APPROPRIATE; AND  (II)
THAT  SUCH RESPONDENT POSES A SIGNIFICANT RISK TO PUBLIC SAFETY AND THAT
NO AVAILABLE ALTERNATIVES TO PLACEMENT COULD  ADEQUATELY  MITIGATE  SUCH
RISK.  THE COURT SHALL NOTIFY THE OFFICE OF CHILDREN AND FAMILY SERVICES
OF SUCH DETERMINATION.
  S 2. Subdivision 3 of section 352.2 of the family court act, as  added
by chapter 920 of the laws of 1982, is amended to read as follows:
  3. The order shall state the court's reasons for the particular dispo-
sition, including[,]:

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

                                                           LBD15595-01-0

S. 6709                             2

  (A)  in the case of a restrictive placement pursuant to section 353.5,
the specific findings of fact required in such section[.]; AND
  (B)  IN  THE CASE OF PLACEMENT OF THE RESPONDENT IN THE CUSTODY OF THE
OFFICE OF CHILDREN AND FAMILY SERVICES EITHER PURSUANT TO SECTION  353.3
OR  353.4,  THE  SPECIFIC  FINDINGS OF FACT REQUIRED BY PARAGRAPH (B) OF
SUBDIVISION ONE OF THIS SECTION.
  S 3. This act shall take effect April 1, 2010; provided,  however,  if
this  act  shall become a law after such date it shall take effect imme-
diately and shall be deemed to have been in full force and effect on and
after April 1, 2010.

co-Sponsors

View additional co-sponsors

2009-S6709A - Details

See Assembly Version of this Bill:: A10449
Current Committee:: Assembly Judiciary
Law Section:: Family Court Act
Laws Affected:: Amd §352.2, Fam Ct Act
Versions Introduced in 2011-2012 Legislative Session:: S66, A4195

2009-S6709A - Summary

2009-S6709A - Sponsor Memo

                                 BILL NUMBER:  S6709A

 TITLE OF BILL :  An act to amend the family court act, in relation to
orders of disposition

 PURPOSE OF THE BILL :  To prevent the unnecessary placement of
children in juvenile justice facilities.

 SUMMARY OF PROVISIONS :  Section 1 amends the Family Court Act to
require that a youth for whom conditional discharge or probation is
not appropriate to be placed in an alternative to placement program
unless placement is necessary to protect the community and no
appropriate alternative to placement program are available.

Section 2 makes a corresponding change in the Family Court Act.

Section 3 contains the effective date.

 EXISTING LAW :  The Family Court Act currently requires family court
judges to consider "the best interests of the respondent as well as
the need for protection of the community" when deciding a disposition
in a delinquency case. The law further directs, except for designated
felony cases, "the court shall order the least restrictive available
alternative...which is consistent with the needs and best interests of
the respondent and the need for protection of the community."  This
bill clarifies that it is not in a youth's best interest or in the

best interest of the public for a youth to be placed in a juvenile
justice facility unless such placement is necessary to protect the
community and there are no adequate means to rehabilitate the youth
within their community.

 PRIOR LEGISLATIVE HISTORY : This is a new bill.

 STATEMENT IN SUPPORT :  This bill is in response to the Governor's
Task Force on Transforming Juvenile Justice recommendation to reduce
the state's reliance on institutional placements for youth who pose no
significant risk to public safety.

Over 53% of the youth who were placed in institutional facilities in
2007 were admitted for low level adjudications. The Task Force reports
that many of these youth were placed because judges believed that the
youth's community lacked necessary mental health and substance abuse
resources. This punishes children for circumstances that are beyond
their control. Moreover, an investigation released by the federal
Department of Justice in August of 2009 revealed that these youth do
not receive the mental health and substance abuse treatment that they
need in these facilities, and that indeed the problems which youth
suffer from become more severe when they are uprooted from their
communities and placed in these stressful environments.

If enacted, this bill would require that judges place youth within
their community, unless there are not adequate services available to
avert placement, or placement is needed to protect the community. It
is time New York reserved placement in juvenile justice institutions
for those youth who pose a risk to public safety.

 BUDGET IMPLICATIONS :  This legislation, if enacted, would
significantly reduce juvenile justice placements. Each OCFS placement
costs more than two hundred thousand dollars, for which the State
reimburses the local government for fifty percent of the cost. Even a
modest reduction in placements would save the State and local
governments millions of dollars.

 EFFECTIVE DATE : 60 days after enactment.

2009-S6709A - Bill Text download pdf

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

                                 6709--A

                            I N  S E N A T E

                            January 29, 2010
                               ___________

Introduced by Sens. MONTGOMERY, ADAMS, DUANE, HASSELL-THOMPSON, KRUEGER,
  ONORATO,  PARKER,  SAMPSON,  SCHNEIDERMAN  --  read  twice and ordered
  printed, and when printed to be committed to the Committee on Children
  and Families -- reported favorably from said committee  and  committed
  to  the  Committee  on  Codes  --  committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the family court act, in relation to orders of  disposi-
  tion

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

  Section 1. Subdivision 1 of section 352.2 of the family court act,  as
added by chapter 920 of the laws of 1982, is amended to read as follows:
  1.  (A)  Upon  the  conclusion of the dispositional hearing, the court
shall enter an order of disposition:
  [(a)] (I) conditionally discharging  the  respondent  in  accord  with
section 353.1; or
  [(b)]  (II) putting the respondent on probation in accord with section
353.2; or
  [(c)] (III) continuing the proceeding and placing  the  respondent  in
accord with section 353.3; or
  [(d)] (IV) placing the respondent in accord with section 353.4; or
  [(e)] (V) continuing the proceeding and placing the respondent under a
restrictive placement in accord with section 353.5.
  (B)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION, THE COURT SHALL NOT PLACE A  RESPONDENT  IN  THE  CUSTODY  OF  THE
COMMISSIONER  OF  THE OFFICE OF CHILDREN AND FAMILY SERVICES PURSUANT TO
EITHER SUBPARAGRAPHS (III) OR (IV) OF PARAGRAPH (A) OF THIS  SUBDIVISION
UNLESS THE COURT DETERMINES THAT:
  (I)  CONDITIONAL  DISCHARGE  OF  THE RESPONDENT IN ACCORD WITH SECTION
351.1 OF THIS PART, OR PUTTING THE RESPONDENT  ON  PROBATION  IN  ACCORD
WITH SECTION 353.2 OF THIS PART, WOULD NOT BE APPROPRIATE; AND
  (II)  THAT PLACEMENT OF THE RESPONDENT IS CONSISTENT WITH THE NEED FOR
THE PROTECTION OF THE COMMUNITY AND THAT NO  AVAILABLE  ALTERNATIVES  TO
PLACEMENT COULD ADEQUATELY MITIGATE SUCH NEED.

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

                                                           LBD15595-04-0

S. 6709--A                          2

  S  2. Subdivision 3 of section 352.2 of the family court act, as added
by chapter 920 of the laws of 1982, is amended to read as follows:
  3. The order shall state the court's reasons for the particular dispo-
sition, including[,]:
  (A)  in the case of a restrictive placement pursuant to section 353.5,
the specific findings of fact required in such section[.]; AND
  (B) IN THE CASE OF PLACEMENT OF THE RESPONDENT IN THE CUSTODY  OF  THE
OFFICE  OF CHILDREN AND FAMILY SERVICES EITHER PURSUANT TO SECTION 353.3
OR 353.4, THE SPECIFIC FINDINGS OF FACT REQUIRED  BY  PARAGRAPH  (B)  OF
SUBDIVISION ONE OF THIS SECTION.
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

co-Sponsors

View additional co-sponsors

2009-S6709B - Details

See Assembly Version of this Bill:: A10449
Current Committee:: Assembly Judiciary
Law Section:: Family Court Act
Laws Affected:: Amd §352.2, Fam Ct Act
Versions Introduced in 2011-2012 Legislative Session:: S66, A4195

2009-S6709B - Summary

2009-S6709B - Sponsor Memo

                                 BILL NUMBER:  S6709B

 TITLE OF BILL :
An act to amend the family court act, in relation to orders of
disposition


 PURPOSE OF BILL :
To prevent the inappropriate placement of children in juvenile justice
facilities.

 SUMMARY OF PROVISIONS :
Section 1 amends the Family Court Act to require that a youth for whom
conditional discharge or probation is not appropriate to be placed in
an alternative to placement program unless placement is necessary to
protect the community, such placement is in the child's best
interests, and no appropriate alternative to placement program are
available.

Section 2 makes a corresponding change in the Family Court Act.

Section 3 contains the effective date.

 EXISTING LAW :
The Family Court Act currently requires family court judges to
consider "the best interests of the respondent as well as the need for

protection of the community" when deciding a disposition in a
delinquency case. The law further directs, except for designated
felony cases, "the court shall order the least restrictive available
alternative...which is consistent with the needs and best interests of
the respondent and the need for protection of the community." This
bill clarifies that it is not in a youth's best interest or in the
best interest of the public for a youth to be placed in a juvenile
justice facility unless such placement is necessary to protect the
community and there are no adequate means to rehabilitate the youth
within their community.

 PRIOR LEGISLATIVE HISTORY :
This is a new bill.

 STATEMENT IN SUPPORT :
This bill is in response to the Governor's Task Force on Transforming
Juvenile Justice recommendation to reduce the state's reliance on
institutional placements for youth who pose no significant risk to
public safety.

Over 53% of the youth who were placed in institutional facilities in
2007 were admitted for low level adjudications. The Task Force reports
that many of these youth were placed because judges believed that the
youth's community lacked necessary mental health and substance abuse
resources. This punishes children for circumstances that are beyond
their control. Moreover, an investigation released by the federal
Department of Justice in August of 2009 revealed that these youth do
not receive the mental health and substance abuse treatment that they
need in these facilities, and that indeed the problems which youth
suffer from become more severe when they are uprooted from their
communities and placed in these stressful environments.

If enacted, this bill would require that judges place youth within
their community, unless there are not adequate services available to
avert placement, or placement is needed to protect the community. It
is time New York reserved placement in juvenile justice institutions
for those youth who pose a risk to public safety.

 BUDGET IMPLICATIONS :

This legislation, if enacted, would significantly reduce juvenile
justice placements. Each OCFS placement costs more than two hundred
thousand dollars, for which the State reimburses the local government
for fifty percent of the cost. Even a modest reduction in placements
would save the State and local governments millions of dollars.

 EFFECTIVE DATE :
60 days after enactment.

2009-S6709B - Bill Text download pdf

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

                                 6709--B

                            I N  S E N A T E

                            January 29, 2010
                               ___________

Introduced by Sens. MONTGOMERY, ADAMS, DUANE, HASSELL-THOMPSON, KRUEGER,
  ONORATO,  PARKER,  SAMPSON,  SCHNEIDERMAN  --  read  twice and ordered
  printed, and when printed to be committed to the Committee on Children
  and Families -- reported favorably from said committee  and  committed
  to  the  Committee  on  Codes  --  committee discharged, bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the family court act, in relation to orders of  disposi-
  tion

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

  Section 1. Subdivision 1 of section 352.2 of the family court act,  as
added by chapter 920 of the laws of 1982, is amended to read as follows:
  1.  (A)  Upon  the  conclusion of the dispositional hearing, the court
shall enter an order of disposition:
  [(a)] (I) conditionally discharging  the  respondent  in  accord  with
section 353.1 OF THIS PART; or
  [(b)]  (II) putting the respondent on probation in accord with section
353.2 OF THIS PART; or
  [(c)] (III) continuing the proceeding and placing  the  respondent  in
accord with section 353.3 OF THIS PART; or
  [(d)] (IV) placing the respondent in accord with section 353.4 OF THIS
PART; or
  [(e)] (V) continuing the proceeding and placing the respondent under a
restrictive placement in accord with section 353.5 OF THIS PART.
  (B)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION, THE COURT SHALL NOT PLACE A  RESPONDENT  IN  THE  CUSTODY  OF  THE
COMMISSIONER  OF  THE OFFICE OF CHILDREN AND FAMILY SERVICES PURSUANT TO
EITHER SUBPARAGRAPHS (III) OR (IV) OF PARAGRAPH (A) OF THIS  SUBDIVISION
UNLESS THE COURT DETERMINES THAT:
  (I)  CONDITIONAL  DISCHARGE  OF  THE RESPONDENT IN ACCORD WITH SECTION
351.1 OF THIS PART, OR PUTTING THE RESPONDENT  ON  PROBATION  IN  ACCORD
WITH SECTION 353.2 OF THIS PART, WOULD NOT BE APPROPRIATE; AND

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

                                                           LBD15595-07-0

S. 6709--B                          2

  (II)  THAT PLACEMENT OF THE RESPONDENT IS CONSISTENT WITH THE NEED FOR
THE PROTECTION OF THE COMMUNITY AND THE BEST INTERESTS OF THE CHILD, AND
THAT NO AVAILABLE ALTERNATIVES TO PLACEMENT  COULD  ADEQUATELY  MITIGATE
SUCH NEED.
  S 2. Paragraph (a) of subdivision 2 and subdivision 3 of section 352.2
of  the  family  court act, paragraph (a) of subdivision 2 as amended by
chapter 880 of the laws of 1985 and subdivision 3 as  added  by  chapter
920 of the laws of 1982, are amended to read as follows:
  (a)  In  determining an appropriate order the court shall consider AND
SHALL DIRECT A DISPOSITION THAT SPECIFICALLY MEETS the  needs  and  best
interests  of  the  respondent as well as the need for protection of the
community. If the respondent has committed a designated felony  act  the
court shall determine the appropriate disposition in accord with section
353.5  OF THIS PART.  In all other cases the court shall order the least
restrictive available alternative enumerated in subdivision one which is
consistent with the needs and best interests of the respondent  and  the
need for protection of the community.
  3. The order shall state the court's reasons for the particular dispo-
sition, including[,]:
  (A)  in  the case of a restrictive placement pursuant to section 353.5
OF THIS PART, the specific findings of fact required in such section[.];
AND
  (B) IN THE CASE OF PLACEMENT OF THE RESPONDENT IN THE CUSTODY  OF  THE
OFFICE  OF CHILDREN AND FAMILY SERVICES EITHER PURSUANT TO SECTION 353.3
OR 353.4 OF THIS PART, THE SPECIFIC FINDINGS OF FACT REQUIRED  BY  PARA-
GRAPH (B) OF SUBDIVISION ONE OF THIS SECTION.
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

co-Sponsors

View additional co-sponsors

2009-S6709C (ACTIVE) - Details

See Assembly Version of this Bill:: A10449
Current Committee:: Assembly Judiciary
Law Section:: Family Court Act
Laws Affected:: Amd §352.2, Fam Ct Act
Versions Introduced in 2011-2012 Legislative Session:: S66, A4195

2009-S6709C (ACTIVE) - Summary

2009-S6709C (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6709C

TITLE OF BILL:
An act to amend the family court act, in relation to orders of disposi-
tion

PURPOSE OF BILL:
To prevent the inappropriate placement of children in facilities oper-
ated by OCFS.

SUMMARY OF PROVISIONS:
Section 1 amends the Family Court Act to require that a youth for whom
conditional discharge or probation is not appropriate to be placed in an
alternative to placement program unless placement is necessary to
protect the community, such placement is in the child's best interests,
and no appropriate alternative to placement program are available.

Section 2 makes a corresponding change in the Family Court Act.

Section 3 contains the effective date.

EXISTING LAW:
The Family Court Act currently requires family court judges to consider
"the best interests of the respondent as well as the need for protection
of the community" when deciding a disposition in a delinquency case. The
law further directs, except for designated felony cases, "the court

shall order the least restrictive available alternative...which is
consistent with the needs and best interests of the respondent and the
need for protection of the community." This bill clarifies that it is
not in a youth's best interest or in the best interest of the public for
a youth to be placed in a OCFS operated facility unless such placement
is necessary to protect the community and there are no adequate means to
rehabilitate the youth within their community.

PRIOR LEGISLATIVE HISTORY:
This is a new bill.

STATEMENT IN SUPPORT:
This bill is in response to the Governor's Task Force on Transforming
Juvenile Justice recommendation to reduce the state's reliance on place-
ments in state operated facilities for youth who pose no significant
risk to public safety.

Over 53% of the youth who were placed in OCFS operated facilities in
2007 were admitted for low level adjudications. The Task Force reports
that many of these youth were placed because judges believed that the
youth's community lacked necessary mental health and substance abuse
resources. This punishes children for circumstances that are beyond
their control. Moreover, an investigation released by the federal
Department of Justice in August of2009 revealed that these youth do not
receive the mental health and substance abuse treatment that they need

in these facilities, and that indeed the problems which youth suffer
from become more severe when they are uprooted from their communities
and placed in these stressful environments.

If enacted, this bill would require that judges place youth place chil-
dren in OCFS operated facilities only after they have determined that
there are not alternative services available to avert placement, or
placement is needed to protect the community. Youth must be placed in
settings which best meet their treatment needs, while remaining consist-
ent with the safety needs of the community. It is time New York reserved
placement in OCFS' juvenile justice institutions for those youth who
pose a risk to public safety.

BUDGET IMPLICATIONS:
This legislation, if enacted, would significantly reduce placements in
OCFS operated facilities.  Each OCFS placement costs more than two
hundred thousand dollars, for which the State reimburses the local
government for fifty percent of the cost. Even a modest reduction in
placements would save the State and local governments millions of
dollars.

EFFECTIVE DATE:
60 days after enactment.

2009-S6709C (ACTIVE) - Bill Text download pdf

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

                                 6709--C
    Cal. No. 617

                            I N  S E N A T E

                            January 29, 2010
                               ___________

Introduced  by Sens. MONTGOMERY, ADAMS, DUANE, ESPADA, HASSELL-THOMPSON,
  KRUEGER, ONORATO, PARKER,  SAMPSON,  SCHNEIDERMAN,  THOMPSON  --  read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee on Children and Families --  reported  favorably  from  said
  committee  and  committed  to  the  Committee  on  Codes  -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee  --  committee  discharged,  bill  amended,  ordered
  reprinted  as  amended  and  recommitted to said committee -- reported
  favorably from said committee, ordered to  first  and  second  report,
  ordered  to  a third reading, amended and ordered reprinted, retaining
  its place in the order of third reading

AN ACT to amend the family court act, in relation to orders of  disposi-
  tion

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

  Section 1. Subdivision 1 of section 352.2 of the family court act,  as
added by chapter 920 of the laws of 1982, is amended to read as follows:
  1.  (A)  Upon  the  conclusion of the dispositional hearing, the court
shall enter an order of disposition:
  [(a)] (I) conditionally discharging  the  respondent  in  accord  with
section 353.1 OF THIS PART; or
  [(b)]  (II) putting the respondent on probation in accord with section
353.2 OF THIS PART; or
  [(c)] (III) continuing the proceeding and placing  the  respondent  in
accord with section 353.3 OF THIS PART; or
  [(d)] (IV) placing the respondent in accord with section 353.4 OF THIS
PART; or
  [(e)] (V) continuing the proceeding and placing the respondent under a
restrictive placement in accord with section 353.5 OF THIS PART.
  (B)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION, THE COURT SHALL NOT PLACE A  RESPONDENT  IN  THE  CUSTODY  OF  THE
COMMISSIONER  OF  THE OFFICE OF CHILDREN AND FAMILY SERVICES PURSUANT TO
SUBDIVISION THREE OF SECTION 353.3 OF THIS PART UNLESS THE COURT  DETER-
MINES THAT:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD15595-10-0

S. 6709--C                          2

  (I)  CONDITIONAL  DISCHARGE  OF  THE RESPONDENT IN ACCORD WITH SECTION
353.1 OF THIS PART, OR PUTTING THE RESPONDENT  ON  PROBATION  IN  ACCORD
WITH SECTION 353.2 OF THIS PART, WOULD NOT BE APPROPRIATE; AND
  (II)  THAT PLACEMENT OF THE RESPONDENT IS CONSISTENT WITH THE NEED FOR
THE PROTECTION OF THE COMMUNITY AND THE BEST INTERESTS OF THE CHILD, AND
THAT NO AVAILABLE ALTERNATIVES TO PLACEMENT  COULD  ADEQUATELY  MITIGATE
SUCH NEED.
  S 2. Paragraph (a) of subdivision 2 and subdivision 3 of section 352.2
of  the  family  court act, paragraph (a) of subdivision 2 as amended by
chapter 880 of the laws of 1985 and subdivision 3 as  added  by  chapter
920 of the laws of 1982, are amended to read as follows:
  (a)  In  determining an appropriate order the court shall consider AND
SHALL DIRECT A DISPOSITION THAT SPECIFICALLY MEETS the  needs  and  best
interests  of  the  respondent as well as the need for protection of the
community. If the respondent has committed a designated felony  act  the
court shall determine the appropriate disposition in accord with section
353.5  OF THIS PART.  In all other cases the court shall order the least
restrictive available alternative enumerated in subdivision one which is
consistent with the needs and best interests of the respondent  and  the
need for protection of the community.
  3. The order shall state the court's reasons for the particular dispo-
sition, including[,]:
  (A)  in  the case of a restrictive placement pursuant to section 353.5
OF THIS PART, the specific findings of fact required in such section[.];
AND
  (B) IN THE CASE OF PLACEMENT OF THE RESPONDENT IN THE CUSTODY  OF  THE
OFFICE  OF CHILDREN AND FAMILY SERVICES EITHER PURSUANT TO SECTION 353.3
OR 353.4 OF THIS PART, THE SPECIFIC FINDINGS OF FACT REQUIRED  BY  PARA-
GRAPH (B) OF SUBDIVISION ONE OF THIS SECTION.
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

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2009-S6709 - Details

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