Assembly Bill A2480

2011-2012 Legislative Session

Provides for the issuance of summonses to parents of any juvenile who is the subject of a juvenile delinquency petition

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Archive: Last Bill Status - In Assembly 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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2011-A2480 (ACTIVE) - Details

Current Committee:
Assembly Children And Families
Law Section:
Family Court Act
Laws Affected:
Amd ยง312.1, Fam Ct Act
Versions Introduced in Other Legislative Sessions:
2009-2010: A2588
2013-2014: A3071
2015-2016: A4537

2011-A2480 (ACTIVE) - Summary

Provides for the issuance of summonses to each parent, including a non-custodial parent, of any juvenile who is the subject of a juvenile delinquency petition.

2011-A2480 (ACTIVE) - Bill Text download pdf 

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

                                  2480

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 19, 2011
                               ___________

Introduced  by M. of A. CLARK -- read once and referred to the Committee
  on Children and Families

AN ACT to amend the family court act, in relation to service of summons-
  es upon parents in juvenile delinquency cases

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

  Section  1. Section 312.1 of the family court act is amended by adding
a new subdivision 4 to read as follows:
  4. UPON THE FILING OF A PETITION UNDER THIS ARTICLE, THE  COURT  SHALL
ISSUE A SUMMONS TO EACH PARENT OF THE RESPONDENT, INCLUDING A NON-CUSTO-
DIAL  PARENT,  APART FROM THE PARENT OR PERSON LEGALLY RESPONSIBLE NAMED
IN SUBDIVISION ONE OF THIS SECTION, PROVIDED THAT THE  ADDRESS  OF  SUCH
NOTICED  PARENT  HAS  BEEN  PROVIDED  BY  THE  DIVISION OF PROBATION AND
CORRECTIONAL  ALTERNATIVES  OR  PRESENTMENT  AGENCY.  THE  DIVISION   OF
PROBATION AND CORRECTIONAL ALTERNATIVES AND PRESENTMENT AGENCY SHALL ASK
THE  CUSTODIAL  PARENT  OR  PERSON  LEGALLY  RESPONSIBLE FOR INFORMATION
REGARDING ANY OTHER PARENT OR PARENTS OF  THE  RESPONDENT.  THE  SUMMONS
SHALL PROVIDE NOTICE TO THE PARENT OR PARENTS OF THE RIGHT TO APPEAR AND
PARTICIPATE  IN  THE  PROCEEDING  AND TO SEEK TEMPORARY RELEASE OR, UPON
DISPOSITION, DIRECT PLACEMENT, OF THE RESPONDENT. THE PRESENTMENT AGENCY
SHALL PERSONALLY SERVE THE SUMMONS AND  PETITION  AT  LEAST  TWENTY-FOUR
HOURS  BEFORE  THE  TIME STATED IN SUCH SUMMONS AND PETITION FOR APPEAR-
ANCE, OR MAY SERVE THE SUMMONS AND PETITION BY MAIL AT LEAST  FIVE  DAYS
BEFORE SUCH DATE. THE FAILURE OF SUCH NOTICED PARENT TO APPEAR SHALL NOT
BE CAUSE FOR DELAY OF THE RESPONDENT'S INITIAL APPEARANCE, AS DEFINED BY
SECTION 320.1 OF THIS ARTICLE.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law, and shall apply to any juvenile who is the subject of
a juvenile delinquency petition filed on or after such effective date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06537-01-1

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