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

                                  9720

                          I N  A S S E M B L Y

                              May 19, 2014
                               ___________

Introduced  by M. of A. LUPARDO, CYMBROWITZ, COOK, TITONE, BROOK-KRASNY,
  MILLMAN, GOTTFRIED, CLARK, MOSLEY, COLTON -- Multi-Sponsored by --  M.
  of  A.  ARROYO,  CAMARA, GALEF, JACOBS, PERRY, SCARBOROUGH, SWEENEY --
  (at request of the Office of Alcoholism and Substance Abuse  Services)
  -- read once and referred to the Committee on Children and Families

AN ACT to amend the family court act, in relation to assessment services
  for youth alleged to be suffering from substance use disorder

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

  Section 1. Subdivision (i) of section 712 of the family court act,  as
added  by  section  1  of  part  E of chapter 57 of the laws of 2005, is
amended, and four new subdivisions (j), (k), (l) and (m)  are  added  to
read as follows:
  (i)  "Diversion  services". Services provided to children and families
pursuant to section seven hundred thirty-five of this  article  for  the
purpose  of avoiding the need to file a petition or direct the detention
of the child. Diversion services shall include: efforts to adjust  cases
pursuant  to this article before a petition is filed, or by order of the
court, after the petition is filed but before fact-finding is commenced;
and preventive services provided in accordance with section four hundred
nine-a of the social services law to avert the placement  of  the  child
into  foster  care,  including crisis intervention and respite services.
DIVERSION SERVICES MAY ALSO INCLUDE, IN CASES WHERE ANY PERSON IS  SEEK-
ING  TO  FILE A PETITION THAT ALLEGES THAT THE CHILD HAS A SUBSTANCE USE
DISORDER OR IS IN NEED OF  IMMEDIATE  DETOXIFICATION  OR  SUBSTANCE  USE
DISORDER  SERVICES,  AN ASSESSMENT FOR SUBSTANCE USE DISORDER; PROVIDED,
HOWEVER, THAT NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE  CONTRA-
RY,  THE  DESIGNATED LEAD AGENCY SHALL NOT BE REQUIRED TO PAY FOR ALL OR
ANY PORTION OF THE COSTS OF SUCH ASSESSMENT OR SUBSTANCE USE DISORDER OR
DETOXIFICATION SERVICES, EXCEPT IN CASES WHERE  MEDICAL  ASSISTANCE  FOR
NEEDY  PERSONS MAY BE USED TO PAY FOR ALL OR ANY PORTION OF THE COSTS OF
SUCH ASSESSMENT OR SERVICES.
  (J) "SUBSTANCE  USE  DISORDER".  THE  MISUSE  OF,  DEPENDENCE  ON,  OR
ADDICTION  TO  ALCOHOL  AND/OR LEGAL OR ILLEGAL DRUGS LEADING TO EFFECTS

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

                                                           LBD13914-05-4

A. 9720                             2

THAT ARE DETRIMENTAL TO THE PERSON'S PHYSICAL AND MENTAL HEALTH  OR  THE
WELFARE OF OTHERS.
  (K)  "ASSESSMENT FOR SUBSTANCE USE DISORDER". ASSESSMENT BY A PROVIDER
THAT HAS BEEN CERTIFIED BY THE OFFICE OF ALCOHOLISM AND SUBSTANCE  ABUSE
SERVICES OF A PERSON LESS THAN EIGHTEEN YEARS OF AGE WHERE IT IS ALLEGED
THAT  THE  YOUTH  IS SUFFERING FROM A SUBSTANCE USE DISORDER WHICH COULD
MAKE A YOUTH A DANGER TO HIMSELF OR HERSELF OR OTHERS.
  (L) "A SUBSTANCE USE DISORDER WHICH COULD MAKE A  YOUTH  A  DANGER  TO
HIMSELF OR HERSELF OR OTHERS". A SUBSTANCE USE DISORDER THAT IS ACCOMPA-
NIED  BY  THE  DEPENDENCE  ON, OR THE REPEATED USE OR ABUSE OF, DRUGS OR
ALCOHOL TO THE POINT OF INTOXICATION SUCH THAT THE PERSON IS IN NEED  OF
IMMEDIATE DETOXIFICATION OR OTHER SUBSTANCE USE DISORDER SERVICES.
  (M) "SUBSTANCE USE DISORDER SERVICES". SUBSTANCE USE DISORDER SERVICES
SHALL  HAVE  THE  SAME  MEANING  AS  PROVIDED FOR IN SECTION 1.03 OF THE
MENTAL HYGIENE LAW.
  S 2. Subdivision (b) of section 735 of the family court act, as  added
by  section 7 of part E of chapter 57 of the laws of 2005, is amended to
read as follows:
  (b) The designated lead agency shall:
  (i) confer with any person seeking to file a petition, the  youth  who
may  be  a potential respondent, his or her family, and other interested
persons, concerning the provision of diversion services before any peti-
tion may be filed; and
  (ii) diligently attempt to prevent the filing of a petition under this
article or, after the petition is filed, to prevent the placement of the
youth into foster care; and
  (iii) assess whether the youth would benefit from residential  respite
services; and
  (iv)  determine  whether  alternatives to detention are appropriate to
avoid remand of the youth to detention; AND
  (V) DETERMINE WHETHER AN ASSESSMENT OF THE  YOUTH  FOR  SUBSTANCE  USE
DISORDER  BY AN OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES CERTI-
FIED PROVIDER IS NECESSARY WHEN A PERSON  SEEKING  TO  FILE  A  PETITION
ALLEGES  IN  SUCH  PETITION THAT THE YOUTH IS SUFFERING FROM A SUBSTANCE
USE DISORDER WHICH COULD MAKE THE YOUTH A DANGER TO HIMSELF  OR  HERSELF
OR  OTHERS.  PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANY OTHER PROVISION
OF LAW TO THE CONTRARY, THE DESIGNATED LEAD AGENCY SHALL NOT BE REQUIRED
TO PAY FOR ALL OR ANY PORTION OF THE COSTS OF SUCH ASSESSMENT OR FOR ANY
SUBSTANCE USE DISORDER OR DETOXIFICATION SERVICES, EXCEPT IN CASES WHERE
MEDICAL ASSISTANCE FOR NEEDY PERSONS MAY BE USED TO PAY FOR ALL  OR  ANY
PORTION  OF  THE  COSTS  OF SUCH ASSESSMENT OR SERVICES.   THE OFFICE OF
ALCOHOLISM AND SUBSTANCE ABUSE SERVICES SHALL MAKE A LIST OF ITS  CERTI-
FIED PROVIDERS AVAILABLE TO THE DESIGNATED LEAD AGENCY.
  S 3. This act shall take effect on the one hundred eightieth day after
it  shall  have  become a law. Effective immediately, any rules or regu-
lations necessary for the implementation of this act  on  its  effective
date may be promulgated prior to such effective date.