S T A T E O F N E W Y O R K
________________________________________________________________________
4195
2011-2012 Regular Sessions
I N A S S E M B L Y
February 2, 2011
___________
Introduced by M. of A. LENTOL, ORTIZ -- read once and referred to the
Committee on Judiciary
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:
(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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01548-01-1
A. 4195 2
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.