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