NY State Senate Bill 2009-S8091

Archive: Last Bill Status - In Senate Committee Children And Families 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 07, 2010	referred to children and families

2009-S8091 (ACTIVE) - Details

Current Committee:: Senate Children And Families
Law Section:: Executive Law
Laws Affected:: Add Art 43 §§930 - 932, amd §505, Exec L; amd §§352.2, 353.3 &355.1, Fam Ct Act

2009-S8091 (ACTIVE) - Summary

Establishes the office of the independent juvenile justice advocate to identify and examine systemic issues regarding the quality of care provided to youth in residential programs and the access to needed services.

2009-S8091 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S8091

TITLE OF BILL:

An act to amend the executive law and the family court act, in relation
to establishing the office of the independent juvenile justice advocate

PURPOSE:

This bill would: (1) establish an Independent Office of the Juvenile
Justice Advocate (Office) and provide for its powers and duties; (2)
require Office and Children and Family Services (OCFS) facility direc-
tors to have experience and qualifications as prescribed by the Commis-
sioner of the Department of Civil Service in consultation with OCFS; (3)
authorize placement of a child adjudicated a juvenile delinquent with
OCFS only when the child has committed a violent felony, sexual offense,
or if, based on the record and background of the child, the court finds
that the child poses a significant risk to public safety and no less
restrictive alternative to placement with OCFS is available; (4)
increase the time period within which OCFS may transfer a child to a
secure facility from another OCFS placement from 60 to 90 days.

SUMMARY OF PROVISIONS:

Section 1 of the bill would add a new Article 43 to the Executive Law,
establishing the Independent Office of the Juvenile Justice Advocate to

act as an independent, external oversight body with respect to:  (1)
examining, evaluating, investigating and monitoring systemic issues
affecting youth in residential programs, including the quality of care
provided to youth and the ability of youth to access needed services;
(2) receiving referrals from OCFS's Office of the Ombudsman for investi-
gation of systemic issues; and (3) conducting periodic inspections,
evaluations or reviews of residential program~.

The Office would be authorized to obtain copies of internal investi-
gation reports and fatality reports regarding youth in residential
programs from OCFS and issue subpoenas and subpoenas duces tecum in
furtherance of its investigations. All information obtained by the
Office would be kept confidential, except for non-confidential, non-i-
dentifying data and information necessary to assist law enforcement with
actual or potential criminal investigations.  The Office would be
required to submit to the Governor, the Legislature and OCFS a written
annual report concerning its activities.

Section 2 of the bill would amend Executive Law §505 to remove a
requirement that a facility director of an OCFS facility have two years
of service in appropriate titles in State government prior to appoint-
ment.

Section 3 of the bill would amend Family Court Act (FCA) § 352.2(a) to
provide that, when entering a dispositional order for a respondent adju-

dicated a juvenile delinquent under Article 3 of the FCA, the court may
not place the respondent with OCFS unless: (1) the responded has commit-
ted a violent felony as set forth in Penal Law § 70.02; (2) the respond-
ent has committed a sex offense as set forth in Article 130 of the Penal
Law; or (3) based on the record and background of the respondent, the
court finds that the respondent poses a significant risk to public safe-
ty and no less restrictive alternative is available to mitigate that
risk.

Section 4 of the bill would amend FCA § 353.3(3) and (4) to: (1) provide
that, in determining the appropriate placement for a respondent adjudi-
cated a juvenile delinquent, the court may only place the respondent
with OCFS when: (a) the respondent has committed a violent felony as set
forth in Penal Law § 70.02; (b) the respondent has committed a sex
offense as set forth in Article 130 of the Penal Law; or (c) based on
the record and background of the respondent, the Court finds that the
respondent poses a significant risk to public safety and no less
restrictive alternative is available to mitigate that risk; (2) increase
the time period in which OCFS may transfer a youth placed with OCFS to a
secure facility without a hearing from 60 to 90 days·; and (3) remove
the court's authority to place a youth with OCFS for placement in a
non-secure facility. This removal of the court's authority, however,
does not preclude OCFS from placing the respondent in a non-secure
facility.

Section 5 of the bill would amend FCA § 355. I (2) to allow a court to
modify placement of a respondent from a voluntary agency to OCFS for
placement in a secure or limited-secure facility upon application by a
local district commissioner of social services where the child:  (1) is
exceptionally dangerous to himself or herself or others; or (2) has
demonstrated by a pattern of behavior that he or she needs a more struc-
tured setting than a voluntary agency can provide.

Section 6 of the bill would provide that it would take effect immediate-
ly, however section 1 would take effect on January 1, 2011 and sections
3, 4 and 5 would take effect on November 1, 2010.

EXISTING LAW:

Executive Law § 505 requires that each facility have a facility director
and requires that facility directors possess at least two years of
service in appropriate State titles prior to appointment.

FCA Article 3 establishes procedures to determine whether a youth is a
juvenile delinquent and the appropriate order of disposition for a youth
who has been adjudicated a juvenile delinquent.

FCA § 352.2 provides that, at the conclusion of a dispositional hearing,
the court must issue an order conditionally discharging the respondent,
placing the respondent on probation, or placing the respondent in the
custody of OCFS, a local department of social services, Or a voluntary
agency, and requires that, except where a child has committed a desig-

nated felony act, the child must be placed in the least restrictive
setting available which is consistent with the needs and best interests
of the respondent and the community.

FCA § 352.3 provides that a court may place a youth adjudicated a juve-
nile delinquent:  (1) in his or her own home; (2) in the custody of a
relative Or other suitable person; (3) with the commissioner of the
local department of social services; or (4) with OCFS. FCA § 352.3 also
sets forth requirements associated with such placements.

FCA § 355.1 authorizes the court to grant new fact-finding or disposi-
tional hearings, or to stay the execution of, set aside, modify, termi-
nate or vacate an order issued in a juvenile delinquency proceeding.

JUSTIFICATION:

In December 2009, the Governor's Task Force on Transforming Juvenile
Justice issued its report "Charting A New Course: A Blueprint for Trans-
forming Juvenile Justice in New York." Two of the Task Force recommenda-
tions included: (1) establishing and funding an independent, external
oversight body to monitor and report on OCFS' juvenile justice policies
and practices; and (2) reserving institutional placement for youth who
pose a significant risk to public safety. This proposal is envisioned to
be a step in the overall efforts in transforming the juvenile justice
system.

First, this bill would establish an Independent Office of the Juvenile
Justice Advocate, which would be hosted by the Division of Criminal
Justice Services (DCJS). The Office would be charged with examining,
evaluating and investigating systemic issues involving the quality of
care provided to youth in residential programs and the ability of youth
to access needed services across systems, and apprising the Governor,
the Legislature and OCFS with respect to such matters. As the Task Force
stated, "no independent oversight body exists outside of OCFS to ensure
that all youth placed in juvenile institutional facilities under the
care and custody of the State are treated fairly and humanely." (Report
at 5). While OCFS has an internal control function, and the agency's
Office of the Ombudsman investigates and evaluates complaints from youth
in its facilities, there is no entity outside OCFS that reviews systemic
issues impacting youth placed in OCFS custody. Establishing an independ-
ent office with broad authority to evaluate youth placed in residential
settings will help to continue the State's efforts to improve the juve-
nile justice system and provide for the safety and well-being of youth
in OCFS's care and custody. The Executive Director of the Office would
report to the Governor.

Second, this bill would provide that a court determining the appropriate
placement for a youth adjudicated a juvenile delinquent may not place
the respondent with OCFS unless: (1) the respondent has committed a
violent felony as set forth in Penal Law § 70.02; (2) the respondent has
committed a sex offense as set forth in Article 130 of the Penal Law; or
(3) based on the record and background of the respondent, the court

finds that the respondent poses a significant risk to public safety and
no less restrictive alternative is available to mitigate that risk.
Youth who have been found guilty as juvenile offenders would still be
placed with OCFS as required by the Penal Law. Consistent with the
recommendations of the Governor's Task Force, institutional placement
will be reserved under this proposal for youth who pose a significant
risk to public safety, ensuring that more youth are served in more
appropriate settings and closer to their families and home communities.

Under the new provisions relating to placement of youth with OCFS, only
youth who have committed serious crimes or who pose a significant risk
to public safety and for whom no other placement is appropriate would be
placed with OCFS. As a result, this legislation would propose to
increase, from 60 to 90 days, the amount of time OCFS would have to
transfer a youth placed with OCFS to a secure facility without a hear-
ing. This change will allow a longer period of time for OCFS to evaluate
the youth's behavior before making a decision to move a youth to a more
secure setting.

In addition, this proposal would eliminate a requirement that facility
directors in OCFS facilities have at least two years experience in
comparable State government titles prior to appointment. Instead, crite-
ria will be set by the Department of Civil Service, in consultation with
OCFS. OCFS facility directors will be largely responsible for ensuring
that juvenile justice reform is implemented, as well as establishing the
overall culture of the facility. This change will allow OCFS to select
the most qualified candidate to implement the structural and programmat-
ic reforms necessary to truly transform the juvenile justice system.

BUDGETARY IMPLICATIONS:

This bill is not expected to have a material impact on State finances;
the Office will be hosted by DCJS and funding for staff will be trans-
ferred from OCFS to the Office.

EFFECTIVE DATE:

This bill would take effect immediately, provided that section 1 of this
act would take effect on January 1, 2011, and sections 3, 4 and 5 would
take effect November 1, 2010.

2009-S8091 (ACTIVE) - Bill Text download pdf

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

                                  8091

                            I N  S E N A T E

                              June 7, 2010
                               ___________

Introduced  by  Sen.  MONTGOMERY -- (at request of the Governor) -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Children and Families

AN  ACT to amend the executive law and the family court act, in relation
  to establishing the office of the independent juvenile  justice  advo-
  cate

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

  Section 1. The executive law is amended by adding a new article 43  to
read as follows:
                                ARTICLE 43
           OFFICE OF THE INDEPENDENT JUVENILE JUSTICE ADVOCATE
SECTION 930. OFFICE OF THE INDEPENDENT JUVENILE JUSTICE ADVOCATE; ORGAN-
               IZATION.
        931. DEFINITIONS.
        932. FUNCTIONS, POWERS AND DUTIES OF THE OFFICE.
  S  930. OFFICE OF THE INDEPENDENT JUVENILE JUSTICE ADVOCATE; ORGANIZA-
TION.  THERE IS HEREBY CREATED WITHIN THE EXECUTIVE DEPARTMENT AN OFFICE
OF THE INDEPENDENT JUVENILE JUSTICE ADVOCATE.  THE OFFICE SHALL HAVE  AN
EXECUTIVE  DIRECTOR  APPOINTED  BY  THE GOVERNOR, WHO SHALL SERVE AT THE
PLEASURE OF THE GOVERNOR.  THE EXECUTIVE DIRECTOR MAY APPOINT  EMPLOYEES
AS  NECESSARY  TO  CARRY  OUT  THE  FUNCTIONS,  POWERS AND DUTIES OF THE
OFFICE, WITHIN AMOUNTS APPROPRIATED THEREFOR.
  S 931. DEFINITIONS.  1. "OFFICE" MEANS THE OFFICE OF  THE  INDEPENDENT
JUVENILE JUSTICE ADVOCATE CREATED BY THIS ARTICLE.
  2. "YOUTH" SHALL MEAN ANY PERSON IN THE CUSTODY OF THE OFFICE OF CHIL-
DREN  AND FAMILY SERVICES OR THE CARE AND CUSTODY OF A COMMISSIONER OF A
LOCAL DEPARTMENT OF SOCIAL SERVICES AS A JUVENILE DELINQUENT PURSUANT TO
ARTICLE THREE OF THE FAMILY COURT ACT, OR WHO IS COMMITTED TO THE CUSTO-
DY OF THE OFFICE OF CHILDREN AND FAMILY SERVICES AS A JUVENILE  OFFENDER
OR YOUTHFUL OFFENDER UNDER THE PENAL LAW.
  3.  "RESIDENTIAL PROGRAM" SHALL MEAN A RESIDENTIAL PROGRAM OPERATED BY
THE OFFICE OF CHILDREN AND FAMILY  SERVICES  OR  A  RESIDENTIAL  PROGRAM
OPERATED BY AN AUTHORIZED AGENCY AS DEFINED IN PARAGRAPH (A) OF SUBDIVI-

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

                                                           LBD12223-06-0

S. 8091                             2

SION TEN OF SECTION THREE HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES LAW
THAT  ACCEPTS CHILDREN ADJUDICATED DELINQUENT UNDER ARTICLE THREE OF THE
FAMILY COURT ACT. A RESIDENTIAL PROGRAM SHALL NOT  INCLUDE  A  DETENTION
FACILITY  AS DEFINED BY SUBDIVISION THREE OF SECTION FIVE HUNDRED TWO OF
THIS CHAPTER.
  4. "SYSTEMIC ISSUES" SHALL MEAN THOSE ISSUES THAT AFFECT YOUTH IN MORE
THAN ONE RESIDENTIAL PROGRAM, OR A SIGNIFICANT PERCENTAGE OF  THE  YOUTH
IN A PARTICULAR RESIDENTIAL PROGRAM.
  S  932.  FUNCTIONS,  POWERS  AND DUTIES OF THE OFFICE.   1. THE OFFICE
SHALL HAVE THE FOLLOWING FUNCTIONS, POWERS AND DUTIES REGARDING YOUTH IN
RESIDENTIAL PROGRAMS:
  (A) TO EXAMINE, EVALUATE, INVESTIGATE, AND TO  APPRISE  THE  GOVERNOR,
THE LEGISLATURE AND THE COMMISSIONER OF CHILDREN AND FAMILY SERVICES ON,
SYSTEMIC ISSUES REGARDING:
  (I) THE QUALITY OF CARE PROVIDED TO YOUTH IN RESIDENTIAL PROGRAMS; AND
  (II)  THE  ABILITY  OF  YOUTH IN RESIDENTIAL PROGRAMS TO ACCESS NEEDED
SERVICES ACROSS SYSTEMS;
  (B) TO INVESTIGATE REFERRALS FROM THE OFFICE OF THE  OMBUDSMAN  WITHIN
THE  OFFICE OF CHILDREN AND FAMILY SERVICES IN REGARD TO SYSTEMIC ISSUES
AFFECTING YOUTH IN RESIDENTIAL PROGRAMS;
  (C) TO MONITOR THE IMPLEMENTATION OF POLICIES, REGULATIONS  AND  STAT-
UTES APPLICABLE TO THE QUALITY OF CARE OF YOUTH IN RESIDENTIAL PROGRAMS;
  (D) TO RECOMMEND TO THE GOVERNOR, THE LEGISLATURE AND THE COMMISSIONER
OF CHILDREN AND FAMILY SERVICES, STATUTORY, REGULATORY OR POLICY CHANGES
TO IMPROVE OUTCOMES AND SERVICES FOR YOUTH IN RESIDENTIAL PROGRAMS;
  (E)  TO  CONDUCT PERIODIC INSPECTIONS, EVALUATIONS OR REVIEWS OF RESI-
DENTIAL PROGRAMS FOR INVESTIGATION OF SYSTEMIC ISSUES AFFECTING YOUTH IN
SUCH PROGRAMS, INCLUDING REVIEWS OF BOOKS AND RECORDS KEPT BY SUCH RESI-
DENTIAL PROGRAMS; AND
  (F) TO REPORT TO THE STATEWIDE CENTRAL REGISTER  OF  CHILD  ABUSE  AND
MALTREATMENT SUSPECTED INCIDENTS OF ABUSE OR NEGLECT OF A CHILD IN RESI-
DENTIAL  CARE  AS DEFINED IN SECTION FOUR HUNDRED TWELVE-A OF THE SOCIAL
SERVICES LAW, AND TO REFER TO THE APPROPRIATE LAW ENFORCEMENT ENTITY  OR
THE NEW YORK STATE INSPECTOR GENERAL, AS APPROPRIATE, MATTERS CONCERNING
POSSIBLE ILLEGAL CONDUCT.
  2.  TO  CARRY OUT ITS FUNCTIONS, POWERS AND DUTIES UNDER THIS SECTION,
THE OFFICE SHALL HAVE THE AUTHORITY TO:
  (A) OBTAIN FROM THE OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES,  UPON
REQUEST, COPIES OF FINAL REPORTS OF INTERNAL INVESTIGATIONS COMPLETED BY
THE  OFFICE  OF  CHILDREN AND FAMILY SERVICES REGARDING SUCH RESIDENTIAL
PROGRAMS;
  (B) OBTAIN FROM THE OFFICE OF CHILDREN AND FAMILY SERVICES  COPIES  OF
FATALITY  REPORTS  ISSUED PURSUANT TO SUBDIVISION FIVE OF SECTION TWENTY
OF THE SOCIAL SERVICES LAW AND COPIES  OF  FINAL  REPORTS  ISSUED  BY  A
FATALITY  REVIEW  TEAM  PURSUANT TO SECTION FOUR HUNDRED TWENTY-TWO-B OF
THE SOCIAL SERVICES LAW REGARDING THE DEATH OF A YOUTH IN A  RESIDENTIAL
PROGRAM;
  (C)  INSPECT RESIDENTIAL PROGRAMS FOR YOUTH, AND VISIT AND OBSERVE ANY
AREA, PART, OR ASPECT OF SUCH RESIDENTIAL PROGRAM AT ANY TIME,  WITH  OR
WITHOUT  PRIOR  NOTICE  FOR  INVESTIGATION  OF SYSTEMIC ISSUES AFFECTING
YOUTH IN SUCH PROGRAMS, INCLUDING REVIEWS OF BOOKS AND RECORDS  KEPT  BY
SUCH  RESIDENTIAL  PROGRAMS  WITH THE COOPERATION OF RESIDENTIAL PROGRAM
STAFF; AND
  (D) APPLY FOR AND ACCEPT, WITH THE APPROVAL OF THE GOVERNOR, AS  AGENT
OF  THE  STATE, ANY GRANT, INCLUDING FEDERAL GRANTS, OR ANY GIFT FOR ANY
OF THE PURPOSES OF THIS SECTION. ANY MONEYS SO RECEIVED MAY BE  EXPENDED

S. 8091                             3

BY  THE OFFICE TO EFFECTUATE ANY PURPOSE OF THIS SECTION, SUBJECT TO THE
SAME LIMITATIONS AS  TO  APPROVAL  OF  EXPENDITURES  AND  AUDIT  AS  ARE
PRESCRIBED  FOR STATE MONEYS APPROPRIATED FOR THE PURPOSES OF THIS ARTI-
CLE.
  3.  IN THE EXERCISE OF THE FUNCTIONS, POWERS AND DUTIES OF THE OFFICE,
THE EXECUTIVE DIRECTOR IS AUTHORIZED TO ISSUE SUBPOENAS DUCES TECUM  AND
AD  TESTIFICANDUM,  ADMINISTER  OATHS AND EXAMINE PERSONS UNDER OATH, IN
ACCORDANCE WITH AND PURSUANT  TO  THE  CIVIL  PRACTICE  LAW  AND  RULES;
PROVIDED  HOWEVER  THAT  A  PERSON  EXAMINED UNDER OATH PURSUANT TO THIS
SUBDIVISION SHALL HAVE THE RIGHT TO BE ACCOMPANIED BY COUNSEL WHO  SHALL
ADVISE THE PERSON OF HIS OR HER RIGHTS SUBJECT TO REASONABLE LIMITATIONS
TO  PREVENT OBSTRUCTION OF, OR INTERFERENCE WITH, THE ORDERLY CONDUCT OF
THE EXAMINATIONS; PROVIDED FURTHER,  HOWEVER,  THAT  ALL  SUCH  COMMUNI-
CATIONS  WITH  AND RECORDS PROVIDED TO THE OFFICE SHALL REMAIN CONFIDEN-
TIAL SUBJECT TO THE LIMITATIONS SET FORTH IN SUBDIVISION SEVEN  OF  THIS
SECTION;
  4. NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE EXECUTIVE DIRECTOR MAY
REQUEST  AND SHALL RECEIVE FROM ANY DEPARTMENT, DIVISION, BOARD, BUREAU,
COMMISSION OR OTHER AGENCY OF THE STATE  OR  ANY  POLITICAL  SUBDIVISION
THEREOF,  OR  ANY RESIDENTIAL PROGRAM AS DEFINED IN SUBDIVISION THREE OF
SECTION NINE HUNDRED  THIRTY-ONE  OF  THIS  ARTICLE,  SUCH  COOPERATION,
INFORMATION  AND  DATA  AS WILL ENABLE THE OFFICE TO CARRY OUT ITS FUNC-
TIONS, POWERS AND DUTIES, EXCEPT  WHERE  SUCH  INFORMATION  OR  DATA  IS
PROTECTED FROM DISCLOSURE BY FEDERAL LAW OR ANY APPLICABLE PRIVILEGE.
  5.  WHERE  THE  OFFICE  IDENTIFIES  A  SYSTEMIC  PROBLEM REGARDING THE
PROVISION OF SERVICES TO YOUTH IN RESIDENTIAL PROGRAMS, THE  OFFICE  MAY
PROVIDE THE OFFICE OF CHILDREN AND FAMILY SERVICES WITH A WRITTEN REPORT
OUTLINING  THE FINDINGS AND RECOMMENDATIONS OF THE OFFICE. THE OFFICE OF
CHILDREN AND FAMILY SERVICES SHALL RETAIN THE AUTHORITY AND RESPONSIBIL-
ITY TO DETERMINE ANY APPROPRIATE AND NECESSARY  PREVENTIVE  OR  REMEDIAL
ACTION.  THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL, WITHIN NINETY
DAYS OF RECEIPT OF SUCH  REPORT,  PROVIDE  THE  OFFICE  WITH  A  WRITTEN
RESPONSE  OF  ANY  ACTIONS TAKEN REGARDING THE OFFICE'S RECOMMENDATIONS.
UPON REQUEST, THE OFFICE MAY GRANT THE OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES AN ADDITIONAL NINETY DAY PERIOD OF TIME TO RESPOND.
  6.  THE  OFFICE  SHALL SUBMIT TO THE GOVERNOR, THE LEGISLATURE AND THE
COMMISSIONER OF CHILDREN AND FAMILY SERVICES, AN ANNUAL REPORT  CONCERN-
ING  ITS  WORK  UNDER THIS SECTION DURING THE PREVIOUS YEAR. SUCH REPORT
SHALL CONTAIN ONLY NON-CONFIDENTIAL, NON-IDENTIFYING DETAILS  AND  SHALL
INCLUDE,  BUT  NOT  BE LIMITED TO: NON-IDENTIFYING INFORMATION REGARDING
THE NUMBER AND TYPES OF INVESTIGATIONS  COMPLETED  BY  THE  OFFICE;  THE
RESULTS OF SUCH INVESTIGATIONS; AND ANY RECOMMENDATIONS FOR LEGISLATIVE,
REGULATORY,  OR  PUBLIC POLICY CHANGES. SUCH REPORT SHALL BE MADE AVAIL-
ABLE TO THE PUBLIC.
  7. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  ALL
RECORDS  OF  THE  OFFICE PERTAINING TO THE PERFORMANCE OF ITS FUNCTIONS,
POWERS AND DUTIES PURSUANT TO THIS SECTION AND ALL RECORDS  OBTAINED  BY
THE  OFFICE  SHALL  BE KEPT CONFIDENTIAL; PROVIDED, HOWEVER THAT LIMITED
INFORMATION CONTAINED IN SUCH RECORDS MAY BE RELEASED BY THE  OFFICE  IF
SUCH  INFORMATION  IS NOT OTHERWISE PROTECTED AS CONFIDENTIAL BY LAW AND
DOES NOT IDENTIFY THE YOUTH BEING SERVED OR THEIR FAMILIES, OR  RESIDEN-
TIAL  PROGRAM  STAFF  WHO HAVE IDENTIFIED ALLEGED SYSTEMIC ISSUES OR WHO
HAVE PROVIDED INFORMATION TO ASSIST IN THE INVESTIGATION OF SUCH ISSUES.
NOTHING IN THIS SECTION SHALL LIMIT  THE  AUTHORITY  OF  THE  OFFICE  TO
DISCLOSE  ANY  RECORDS OF THE OFFICE OR ANY INFORMATION CONTAINED IN ANY
RECORD OF THE OFFICE TO THE INSPECTOR GENERAL OR TO LAW  ENFORCEMENT  TO

S. 8091                             4

ASSIST  WITH  AN  ACTUAL  OR  POTENTIAL CRIMINAL INVESTIGATION OR TO THE
OFFICE OF CHILDREN AND FAMILY SERVICES  TO  ASSIST  WITH  AN  ACTUAL  OR
POTENTIAL CHILD ABUSE OR NEGLECT INVESTIGATION.
  8.  THE OFFICE SHALL, TO THE EXTENT PRACTICABLE, COORDINATE ITS ACTIV-
ITIES WITH ANY INVESTIGATIONS CONDUCTED  BY  THE  OFFICE  OF  THE  STATE
INSPECTOR  GENERAL,  THE  STATE  COMMISSION OF CORRECTION OR ANY FEDERAL
MONITOR,  IN  ORDER  TO  PROMOTE  THE  EFFICIENT  USE  OF  THE  OFFICE'S
RESOURCES.
  S  2.  Section  505 of the executive law, as amended by chapter 465 of
the laws of 1992, is amended to read as follows:
  S 505. Directors of facilities.  1. There shall be a facility director
of each [division for youth] OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES
OPERATED  facility.  Such  facility  director  shall be appointed by the
[director] COMMISSIONER of [the division] CHILDREN AND  FAMILY  SERVICES
and  shall be in the noncompetitive class and designated as confidential
as defined by subdivision  two-a  of  section  forty-two  of  the  civil
service  law.  The facility director shall have [two years] SUCH experi-
ence [in appropriate titles in state government. Such facility  director
shall  have  such]  AND other qualifications as may be prescribed by the
[director] DEPARTMENT OF CIVIL SERVICE, IN CONSULTATION WITH THE COMMIS-
SIONER of [the division] CHILDREN AND FAMILY SERVICES, based on  differ-
ences  in  duties,  levels  of responsibility, size and character of the
facility, knowledge, skills and abilities required,  and  other  factors
affecting  the position [and]. SUCH FACILITY DIRECTOR shall serve at the
pleasure of the [director of the division] COMMISSIONER.
  2. Subject to regulations of the [division]  OFFICE  OF  CHILDREN  AND
FAMILY SERVICES, the facility director of a state facility in the [divi-
sion] OFFICE shall:
  (a) operate and manage the facility,
  (b)  submit  a monthly report on such matters as the [division] OFFICE
may specify.
  3. Subject to the regulations of the [division] OFFICE OF CHILDREN AND
FAMILY SERVICES AND WITH THE CONSENT OF THE COMMISSIONER,  the  facility
director  may  authorize  the  use  of  the buildings and grounds of the
facility by a municipality, special district or non-profit  association,
corporation  or  organization  for educational, recreational, social and
civic purposes whenever such use may promote better  relationships  with
the  community in which the facility is located, provided, however, that
such use does not interfere with the purposes and program of the facili-
ty.
  S 3. Paragraph (a) of subdivision 2 of section  352.2  of  the  family
court  act, as amended by chapter 880 of the laws of 1985, is amended to
read as follows:
  (a) In determining an appropriate order the court shall  consider  the
needs  and  best  interests  of  the  respondent as well as the need for
protection of the community. (I)  If  the  respondent  has  committed  a
designated felony act the court shall determine the appropriate disposi-
tion  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 OF THIS SECTION which is consistent  with  the  needs
and  best interests of the respondent and the need for protection of the
community.   (II) THE COURT SHALL NOT  PLACE  THE  RESPONDENT  WITH  THE
OFFICE  OF  CHILDREN  AND FAMILY SERVICES UNLESS: (1) THE RESPONDENT HAS
COMMITTED AN ACT THAT, IF HE OR SHE WERE AN ADULT, WOULD CONSTITUTE  (A)
A  VIOLENT FELONY AS DEFINED BY SECTION 70.02 OF THE PENAL LAW, OR (B) A
SEXUAL OFFENSE INCLUDED IN ARTICLE ONE HUNDRED THIRTY OF THE PENAL  LAW;

S. 8091                             5

OR  (2)  BASED  UPON THE TOTALITY OF THE RECORD OF THE RESPONDENT, BACK-
GROUND OF THE RESPONDENT AND NATURE AND CIRCUMSTANCES  OF  THE  OFFENSE,
THE  COURT  FINDS THAT THE RESPONDENT POSES A SIGNIFICANT RISK TO PUBLIC
SAFETY  AND NO LESS RESTRICTIVE ALTERNATIVE TO PLACEMENT WITH THE OFFICE
IS AVAILABLE OR APPROPRIATE TO MITIGATE SUCH RISK. WHEN ORDERING  PLACE-
MENT  WITH  THE OFFICE, THE COURT SHALL STATE IN ITS ORDER THE BASIS FOR
ITS FINDING THAT SUCH PLACEMENT IS WARRANTED.
  S 4. Subdivisions 3 and 4 of section 353.3 of the  family  court  act,
subdivision  3  as  added by chapter 920 of the laws of 1982, paragraphs
(a), (b) and (c) of subdivision 3 as amended by chapter 465 of the  laws
of  1992 and subdivision 4 as amended by chapter 41 of the laws of 2010,
are amended to read as follows:
  3. THE COURT SHALL NOT PLACE THE RESPONDENT WITH THE OFFICE  OF  CHIL-
DREN  AND FAMILY SERVICES UNDER THIS SECTION UNLESS: (I) SUCH RESPONDENT
HAS COMMITTED AN ACT THAT, IF HE OR SHE WERE AN ADULT, WOULD  CONSTITUTE
(A)  A  VIOLENT  FELONY AS DEFINED BY SECTION 70.02 OF THE PENAL LAW, OR
(B) A SEXUAL OFFENSE INCLUDED IN ARTICLE ONE HUNDRED THIRTY OF THE PENAL
LAW; OR (II) BASED UPON THE TOTALITY OF THE RECORD  OF  THE  RESPONDENT,
BACKGROUND  OF  THE  RESPONDENT  AND  NATURE  AND  CIRCUMSTANCES  OF THE
OFFENSE, THE COURT FINDS THAT THE RESPONDENT POSES A SIGNIFICANT RISK TO
PUBLIC SAFETY AND NO LESS RESTRICTIVE ALTERNATIVE TO PLACEMENT WITH  THE
OFFICE  IS AVAILABLE OR APPROPRIATE TO MITIGATE SUCH RISK. WHEN ORDERING
PLACEMENT WITH THE OFFICE, THE COURT SHALL STATE IN ITS ORDER THE  BASIS
FOR  ITS  FINDING THAT SUCH PLACEMENT IS WARRANTED. Where the respondent
is placed with the [division for youth] OFFICE OF  CHILDREN  AND  FAMILY
SERVICES,  the court shall[, unless it directs the division to place him
with an authorized agency or class of authorized  agencies  pursuant  to
subdivision  four]  authorize  the  [division]  OFFICE  to do one of the
following:
  (a) place the respondent in a secure facility without a further  hear-
ing  at  any  time  or from time to time during the first [sixty] NINETY
days of residency in [division for youth] OFFICE OF CHILDREN AND  FAMILY
SERVICES  facilities.  Notwithstanding  the discretion of the [division]
OFFICE to place the respondent in a secure facility at any  time  during
the  first [sixty] NINETY days of residency in [a division for youth] AN
OFFICE OF CHILDREN AND FAMILY SERVICES facility, the respondent  may  be
placed  in  a  non-secure  facility.    In the event that the [division]
OFFICE desires to transfer a respondent to a secure facility at any time
after the first [sixty] NINETY days of residency  in  [division]  OFFICE
facilities,  a  hearing  shall  be held pursuant to subdivision three of
section five hundred four-a of the executive law; or
  (b) place the respondent in a limited secure facility. The  respondent
may be transferred by the [division] OFFICE to a secure facility after a
hearing is held pursuant to section five hundred four-a of the executive
law;  provided,  however, that during the first twenty days of residency
in [division] OFFICE facilities, the respondent shall not be transferred
to a secure facility unless the respondent has committed an act or  acts
which are exceptionally dangerous to the respondent or to others[; or
  (c)  place  the  respondent  in  a  non-secure facility. No respondent
placed pursuant to this paragraph may be transferred by the division for
youth to a secure facility.
  4. Where the respondent is placed with the  division  for  youth,  the
court may direct the division to place the respondent with an authorized
agency  or class of authorized agencies and in the event the division is
unable to so place the respondent or, discontinues  the  placement  with
the  authorized  agency,  the  respondent  shall  be deemed to have been

S. 8091                             6

placed with the division pursuant to paragraph (b) or (c) of subdivision
three of this section. In such cases,  the  division  shall  notify  the
court,  presentment  agency,  respondent's  attorney and parent or other
person  responsible for the respondent's care, of the reason for discon-
tinuing the placement with the  authorized  agency  and  the  level  and
location of the youth's placement].
  S  5. Subdivision 2 of section 355.1 of the family court act, as added
by chapter 920 of the laws of 1982, is amended to read as follows:
  2. An order issued under section 353.3 OF THIS PART, may, upon a show-
ing of a substantial change of circumstances, be  set  aside,  modified,
vacated or terminated upon motion of the commissioner of A LOCAL DEPART-
MENT  OF  social services or the [division for youth] OFFICE OF CHILDREN
AND FAMILY SERVICES with whom the respondent has been placed.   NOTWITH-
STANDING  THE PROVISIONS OF SUBDIVISION TWO OF SECTION 352.2 OR SUBDIVI-
SION THREE OF SECTION 353.3 OF THIS PART TO THE CONTRARY, UPON A SHOWING
BY THE COMMISSIONER OF A LOCAL DEPARTMENT  OF  SOCIAL  SERVICES  THAT  A
RESPONDENT PLACED WITH AN AUTHORIZED AGENCY HAS SHOWN HIMSELF OR HERSELF
TO BE EXCEPTIONALLY DANGEROUS TO HIMSELF OR HERSELF OR TO OTHERS, OR HAS
DEMONSTRATED BY A PATTERN OF BEHAVIOR THAT HE OR SHE NEEDS A MORE STRUC-
TURED  SETTING  THAN  AFFORDED  BY SUCH AUTHORIZED AGENCY, THE COURT MAY
MODIFY THE PLACEMENT OF THE RESPONDENT TO PLACEMENT WITH THE  OFFICE  OF
CHILDREN AND FAMILY SERVICES IN A SECURE OR LIMITED-SECURE FACILITY.
  S  6.  This  act  shall take effect immediately; provided however that
section one of this act shall take effect January 1, 2011  and  sections
three,  four  and  five  of  this  act shall take effect on the first of
November next succeeding the date on which it shall have become a law.

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Senate Bill S8091

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Archive: Last Bill Status - In Senate Committee Children And Families Committee

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Sponsored By

Velmanette Montgomery

Archive: Last Bill Status - In Senate Committee Children And Families Committee

Actions

2009-S8091 (ACTIVE) - Details

2009-S8091 (ACTIVE) - Summary

2009-S8091 (ACTIVE) - Sponsor Memo

2009-S8091 (ACTIVE) - Bill Text download pdf

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