senate Bill S66

2011-2012 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

Sponsored By

Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (3)
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

Co-Sponsors

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S66 - Details

Current Committee:
Law Section:
Family Court Act
Laws Affected:
Amd ยง352.2, Fam Ct Act
Versions Introduced in 2009-2010 Legislative Session:
S6709B

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

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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