S T A T E O F N E W Y O R K
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10639
I N A S S E M B L Y
June 12, 2012
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Introduced by COMMITTEE ON RULES -- (at request of M. of A. Robinson,
Paulin) -- (at request of the Office of Court Administration) -- read
once and referred to the Committee on Children and Families
AN ACT to amend the family court act, in relation to warrants and orders
of protection in persons in need of supervision cases in family court
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (ii) of subdivision (g) and subdivision (h) of
section 735 of the family court act, as added by section 7 of part E of
chapter 57 of the laws of 2005, are amended and a new paragraph (iii) of
subdivision (g) is added to read as follows:
(ii) [The] EXCEPT AS PROVIDED IN PARAGRAPH (III) OF THIS SUBDIVISION,
THE clerk of the court shall accept a petition for filing only if it has
attached thereto the following NOTICES:
(A) if the potential petitioner is the parent or other person legally
responsible for the youth, a notice from the designated lead agency
indicating THAT there is no bar to the filing of the petition as the
potential petitioner consented to and actively participated in diversion
services; and
(B) a notice from the designated lead agency stating that it has
terminated diversion services because it has determined that there is no
substantial likelihood that the youth and his or her family will benefit
from further attempts, and that the case has not been successfully
diverted.
(III) THE CLERK OF THE COURT SHALL ACCEPT A PETITION FOR FILING IF:
(A) THE POTENTIAL PETITIONER IS REQUESTING THAT THE COURT ISSUE A
WARRANT PURSUANT TO SECTION SEVEN HUNDRED THIRTY-EIGHT OF THIS PART,
BECAUSE THE RESPONDENT HAS ABSCONDED FROM THE HOME AND IS UNABLE TO BE
LOCATED, DESPITE THE EFFORTS OF THE POTENTIAL PETITIONER; OR
(B) THE POTENTIAL PETITIONER IS REQUESTING THAT THE COURT ISSUE A
TEMPORARY ORDER OF PROTECTION, PURSUANT TO SECTION SEVEN HUNDRED FORTY
OF THIS PART, BECAUSE THE RESPONDENT POSES AN IMMINENT RISK OF HARM TO
THE POTENTIAL PETITIONER OR MEMBERS OF HIS OR HER HOUSEHOLD.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15858-01-2
A. 10639 2
(h) No statement made to the designated lead agency or to any agency
or organization to which the potential respondent HAS BEEN REFERRED,
prior to the filing of the petition, or if the petition has been filed,
prior to the time the respondent has been notified that attempts at
diversion will not be made or have been terminated, or prior to the
commencement of a fact-finding hearing if attempts at diversion have not
terminated previously, may be admitted into evidence at a fact-finding
hearing or, if the proceeding is transferred to a criminal court, at any
time prior to a conviction.
S 2. Subdivision (b) of section 742 of the family court act, as
amended by section 9 of part E of chapter 57 of the laws of 2005, is
amended to read as follows:
(b) At the initial appearance of the respondent, the court shall
review any termination of diversion services pursuant to such section,
and the documentation of diligent attempts to provide appropriate
services and determine whether such efforts or services provided are
sufficient [and may,]. THE COURT MAY, AT ANY TIME, subject to the
provisions of section seven hundred forty-eight of this article, order
that additional diversion attempts be undertaken by the designated lead
agency. The court may order the youth and the parent or other person
legally responsible for the youth to participate in diversion services.
AT THE INITIAL APPEARANCE OF THE RESPONDENT ON A PETITION FILED IN
ACCORDANCE WITH SUBPARAGRAPH (A) OF PARAGRAPH (III) OF SUBDIVISION (G)
OF SECTION SEVEN HUNDRED THIRTY-FIVE OF THIS ARTICLE, THE COURT SHALL
REFER THE RESPONDENT AND PARENT TO THE DESIGNATED LEAD AGENCY FOR DIVER-
SION ATTEMPTS, UNLESS THE COURT DETERMINES THAT THERE IS A SUBSTANTIAL
LIKELIHOOD THAT THE CHILD WOULD ABSCOND OR THERE IS NO SUBSTANTIAL LIKE-
LIHOOD THAT THE YOUTH AND HIS OR HER FAMILY WOULD BENEFIT FROM DIVERSION
ATTEMPTS. AT THE INITIAL APPEARANCE OF THE RESPONDENT ON A PETITION
FILED IN ACCORDANCE WITH SUBPARAGRAPH (B) OF PARAGRAPH (III) OF SUBDIVI-
SION (G) OF SECTION SEVEN HUNDRED THIRTY-FIVE OF THIS ARTICLE, THE COURT
SHALL REFER THE RESPONDENT AND PARENT TO THE DESIGNATED LEAD AGENCY FOR
DIVERSION ATTEMPTS, UNLESS THE COURT DETERMINES THAT THE CHILD CONTINUES
TO POSE AN IMMINENT RISK TO THE PETITIONER OR A MEMBER OF HIS OR HER
FAMILY WOULD BENEFIT FROM DIVERSION ATTEMPTS. If the designated lead
agency thereafter determines that [the] A case REFERRED FOR DIVERSION
EFFORTS UNDER THIS SECTION has been successfully resolved, it shall so
notify the court, and the court shall dismiss the petition.
S 3. This act shall take effect on the ninetieth day after it shall
have become a law.