|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 04, 2012||referred to children and families|
|Feb 28, 2011||notice of committee consideration - requested|
|Jan 05, 2011||referred to children and families|
senate Bill S66
Archive: Last Bill Status - In Senate Committee Children And Families Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S66 - Details
S66 - 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.
S66 - Sponsor Memo
BILL NUMBER:S66 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
S66 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 66 2011-2012 Regular Sessions I N S E N A T E (PREFILED) January 5, 2011 ___________ Introduced by Sens. MONTGOMERY, ADAMS, DUANE, HASSELL-THOMPSON, KRUEGER, PARKER, SAMPSON -- 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 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. LBD01548-02-1
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