senate Bill S4083

2013-2014 Legislative Session

Relates to permanency planning in juvenile delinquent and persons in need of supervision proceedings

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to children and families
Mar 07, 2013 referred to children and families

S4083 - Details

See Assembly Version of this Bill:
A2601
Law Section:
Family Court Act
Laws Affected:
Amd §§312.1, 320.2, 353.3, 355.5, 736, 741, 756 & 756-a, Fam Ct Act
Versions Introduced in Previous Legislative Sessions:
2013-2014: A2601
2011-2012: A10348, S7591

S4083 - Summary

Relates to permanency planning in juvenile deliquency and persons in need of supervision proceedings.

S4083 - Sponsor Memo

S4083 - Bill Text download pdf

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

                                  4083

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 7, 2013
                               ___________

Introduced by Sen. FELDER -- (at request of the Office of Court Adminis-
  tration)  --  read  twice  and ordered printed, and when printed to be
  committed to the Committee on Children and Families

AN ACT to amend the family court act, in relation to permanency planning
  in juvenile delinquency and persons in need of supervision proceedings
  in family court

  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  PRESENTMENT
AGENCY  SHALL NOTIFY ANY NON-CUSTODIAL PARENTS OF THE RESPONDENT WHO HAD
NOT BEEN ISSUED A SUMMONS IN ACCORDANCE WITH  SUBDIVISION  ONE  OF  THIS
SECTION,  PROVIDED  THAT  THE  ADDRESSES  OF  ANY SUCH PARENTS HAVE BEEN
PROVIDED. THE PROBATION DEPARTMENT AND PRESENTMENT AGENCY SHALL ASK  THE
CUSTODIAL PARENT OR PERSON LEGALLY RESPONSIBLE FOR INFORMATION REGARDING
ANY  OTHER  PARENT OR PARENTS OF THE RESPONDENT. THE NOTICE SHALL INFORM
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  SEND  THE
NOTICE  TO THE NON-CUSTODIAL PARENT AT LEAST FIVE DAYS BEFORE THE RETURN
DATE. THE FAILURE OF A PARENT ENTITLED TO NOTICE 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. Subdivision 2 of section  320.2  of  the  family  court  act,  as
amended  by  chapter  41  of  the  laws  of  2010, is amended to read as
follows:
  2. At the initial appearance the court must  appoint  an  attorney  to
represent  the  respondent  pursuant  to  the  provisions of section two
hundred forty-nine OF THIS ACT if independent  legal  representation  is
not  available  to  such  respondent.    WHENEVER  AN  ATTORNEY HAS BEEN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03049-01-3

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