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

                                  4195

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 2, 2011
                               ___________

Introduced  by  M.  of A. LENTOL, ORTIZ -- read once and referred to the
  Committee on Judiciary

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
SUBDIVISION THREE OF SECTION 353.3 OF THIS PART UNLESS THE COURT  DETER-
MINES THAT:
  (I)  CONDITIONAL  DISCHARGE  OF  THE RESPONDENT IN ACCORD WITH SECTION
353.1 OF THIS PART, OR PUTTING THE RESPONDENT  ON  PROBATION  IN  ACCORD
WITH SECTION 353.2 OF THIS PART, WOULD NOT BE APPROPRIATE; AND
  (II)  THAT PLACEMENT OF THE RESPONDENT IS CONSISTENT WITH THE NEED FOR
THE PROTECTION OF THE COMMUNITY AND THE BEST INTERESTS OF THE CHILD, AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01548-01-1

              

A. 4195                             2

THAT NO AVAILABLE ALTERNATIVES TO PLACEMENT  COULD  ADEQUATELY  MITIGATE
SUCH NEED.
  S 2. Paragraph (a) of subdivision 2 and subdivision 3 of section 352.2
of  the  family  court act, paragraph (a) of subdivision 2 as amended by
chapter 880 of the laws of 1985 and subdivision 3 as  added  by  chapter
920 of the laws of 1982, are amended to read as follows:
  (a)  In  determining an appropriate order the court shall consider AND
SHALL DIRECT A DISPOSITION THAT SPECIFICALLY MEETS the  needs  and  best
interests  of  the  respondent as well as the need for protection of the
community. If the respondent has committed a designated felony  act  the
court shall determine the appropriate disposition in accord with section
353.5  OF THIS PART.  In all other cases the court shall order the least
restrictive available alternative enumerated in subdivision one which is
consistent with the needs and best interests of the respondent  and  the
need for protection of the community.
  3. The order shall state the court's reasons for the particular dispo-
sition, including[,]:
  (A)  in  the case of a restrictive placement pursuant to section 353.5
OF THIS PART, the specific findings of fact required in such section[.];
AND
  (B) IN THE CASE OF PLACEMENT OF THE RESPONDENT IN THE CUSTODY  OF  THE
OFFICE  OF CHILDREN AND FAMILY SERVICES EITHER PURSUANT TO SECTION 353.3
OR 353.4 OF THIS PART, THE SPECIFIC FINDINGS OF FACT REQUIRED  BY  PARA-
GRAPH (B) OF SUBDIVISION ONE OF THIS SECTION.
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law.