senate Bill S7652A

2013-2014 Legislative Session

Relates to substance use disorder and involuntary treatment services for minors

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Archive: Last Bill Status - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 09, 2014 referred to children and families
delivered to assembly
passed senate
Jun 03, 2014 ordered to third reading cal.1141
committee discharged and committed to rules
Jun 02, 2014 print number 7652a
amend and recommit to children and families
May 23, 2014 referred to children and families

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

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S7652 - Bill Details

See Assembly Version of this Bill:
A10119
Current Committee:
Assembly Children And Families
Law Section:
Family Court Act
Laws Affected:
Amd §§712, 735, 720, 754, 756, 764, 765 & 767, add §756-b, Fam Ct Act

S7652 - Bill Texts

view summary

Relates to substance abuse disorder and involuntary treatment services for minors.

view sponsor memo
BILL NUMBER:S7652

TITLE OF BILL: An act to amend the family court act, in relation to
involuntary treatment services for minors

PURPOSE OR GENERAL IDEA OF BILL: To address the concern of substance
abuse in minors by amending the family court act to allow for
assessment and treatment services for substance abuse disorders.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends and adds three new subdivisions of section 712 of the
family court act, to include persons under eighteen years old who have
substance use disorders, as those who can be adjudicated under the
family court act and creates an assessment for substance use disorder
and can recommend substance abuse treatment services, provided that
the designated lead agency is not required to pay cost of such
treatment services. Sets definitions for "substance use disorder,"
"assessment of substance use disorder," and "substance use treatment
services."

Section 2 amends subdivision (b) of the family court act to authorize
the designated lead agency to determine whether an assessment for
substance use disorder is necessary.

Section 3 amends subdivision 3 of section 720 of the family court act
to authorize the court to direct the respondent to any available
substance use treatment service as deemed appropriate.

Section 4 amends subdivision 1 of section 754 of the family court act
for consistency with existing procedures.

Section 5 amends subdivisions (a) and (b) of the section 756 of the
family court act to provide reasonable time limits for substance abuse
treatment services.

Section 6 creates new section 756-b of the family court act to allow
for a petition for extension of placement for substance abuse
treatment services.

Section 7 amends section 764 of the family court act authorizes the
parents of the respondent minor to terminate such placement,
consistent with existing procedures.

Section 8 amends section 765 of the family court act for answers to
petitions, consistent with existing procedures.

Section 9 amends section 767 of the family court act for orders on
hearings, consistent with existing procedures.

Section 10 sets the effective date.

JUSTIFICATION: Family courts have seen a rise in substance abuse
among young people, especially with the recent escalation of the
heroin and opioid abuse being reported in New York State. As a result,
juveniles are coming into the courts struggling with addictions that
can be complex and often require substance abuse treatment services.


Because the stress of addiction can often be compounded by the
pressures of school and peers during adolescence, diversion of drug
abuse is especially important for young people and it needs to be
approached comprehensively by the courts.

Under this proposal, children under the age of 18 who are in Family
Court and who are determined to suffer from a substance abuse problem
can be placed by the court in a substance abuse treatment services
program.

PRIOR LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE: This act shall take effect on the 90th day. Effective
immediately, any rules or regulations necessary for the implementation
of this act on its effective date may be promulgated prior to such
effective date.

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

                                  7652

                            I N  S E N A T E

                              May 23, 2014
                               ___________

Introduced  by  Sens.  MARTINS,  BALL, BONACIC, BOYLE, CARLUCCI, FELDER,
  GALLIVAN, GOLDEN, GRIFFO, HANNON, LANZA, LARKIN,  LITTLE,  MARCELLINO,
  MARCHIONE,  MAZIARZ,  NOZZOLIO,  O'MARA, RANZENHOFER, RITCHIE, ROBACH,
  SAVINO, SEWARD, VALESKY, YOUNG -- 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 involuntary treat-
  ment services for minors

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

  Section 1. Subdivisions (a) and (i) of section 712 of the family court
act,  subdivision (a) as amended by section 7 of part G of chapter 58 of
the laws of 2010 and subdivision (i) as added by section 1 of part E  of
chapter  57  of the laws of 2005, are amended and three new subdivisions
(j), (k) and (l) are added to read as follows:
  (a) "Person in need of supervision". A person less than eighteen years
of age who does not attend school in accordance with the  provisions  of
part one of article sixty-five of the education law or who is incorrigi-
ble,  ungovernable  or  habitually  disobedient  and  beyond  the lawful
control of a parent or other person legally responsible for such child's
care, or other lawful authority,  or  who  violates  the  provisions  of
section 221.05 or 230.00 of the penal law, or HAS A SUBSTANCE USE DISOR-
DER, OR who appears to be a sexually exploited child as defined in para-
graph  (a), (c) or (d) of subdivision one of section four hundred forty-
seven-a of the social services law, but only if the  child  consents  to
the filing of a petition under this article.
  (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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
S                                                          LBD15365-02-4

S. 7652                             2

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 TREATMENT DUE  TO  A  SUBSTANCE  USE
DISORDER,  AN  ASSESSMENT FOR SUBSTANCE USE DISORDER; 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  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 LEGAL OR ILLEGAL DRUGS LEADING TO EFFECTS THAT  ARE  DETRI-
MENTAL  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)  "SUBSTANCE  ABUSE  TREATMENT SERVICES". SUBSTANCE ABUSE TREATMENT
SERVICES SHALL INCLUDE PARTICIPATION IN AN AVAILABLE CHEMICAL DEPENDENCE
PROGRAM OR FACILITY ESTABLISHED IN ACCORDANCE WITH  SECTIONS  19.09  AND
32.05  OF THE MENTAL HYGIENE LAW, AND ANY HOSPITAL AS DEFINED BY ARTICLE
TWENTY-EIGHT OF THE PUBLIC HEALTH LAW, THAT ADMITS PERSONS FOR SUBSTANCE
ABUSE TREATMENT.
  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 ALCO-
HOLISM  AND  SUBSTANCE ABUSE SERVICES SHALL MAKE A LIST OF ITS CERTIFIED
PROVIDERS AVAILABLE TO THE DESIGNATED LEAD AGENCY.
  S 3. Subdivision 3 of section 720 of the family court act, as  amended
by  section  9 of subpart B of part Q of chapter 58 of the laws of 2011,
is amended and a new subdivision 6 is added to read as follows:

S. 7652                             3

  3. Detention of a person alleged to be or adjudicated as a  person  in
need  of supervision shall, except as provided in [subdivision] SUBDIVI-
SIONS four AND SIX of this section, be authorized only in a foster  care
program  certified  by  the office of children and family services, or a
certified  or  approved  family boarding home, or a non-secure detention
facility certified by the office and in accordance  with  section  seven
hundred  thirty-nine of this article. The setting of the detention shall
take into account (a) the proximity to the community in which the person
alleged to be or adjudicated as a person in need  of  supervision  lives
with  such  person's parents or to which such person will be discharged,
and (b) the existing educational setting of such person and the proximi-
ty of such setting to the location of the detention setting.
  6. IF THE RESPONDENT IS ALLEGED TO BE OR ADJUDICATED AS  A  PERSON  IN
NEED OF SUPERVISION DUE TO A SUBSTANCE USE DISORDER AS DEFINED BY SUBDI-
VISION  (J)  OF  SECTION SEVEN HUNDRED TWELVE OF THIS ARTICLE, THE COURT
MAY DIRECT SUCH RESPONDENT TO ANY AVAILABLE  SUBSTANCE  ABUSE  TREATMENT
SERVICE AS DEFINED BY SUBDIVISION (L) OF SECTION SEVEN HUNDRED TWELVE OF
THIS  ARTICLE,  PROVIDED,  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO
THE CONTRARY, THE COSTS ASSOCIATED WITH SUCH TREATMENT SHALL NOT BE  THE
RESPONSIBILITY  OF  A  LOCAL  SOCIAL  SERVICES DISTRICT, 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.
  S 4. Paragraph (c) of subdivision 1 of section 754 of the family court
act, as amended by section 4 of part V of chapter 383  of  the  laws  of
2001, is amended to read as follows:
  (c)  Continuing  the  proceeding  and placing the respondent in accord
with section seven hundred fifty-six OF THIS  PART;  provided,  however,
that  the  court  shall  not place the respondent in accord with section
seven hundred fifty-six OF THIS PART where  the  respondent  is  sixteen
years  of  age  or  older, unless the court determines and states in its
order that special circumstances exist to warrant such  placement  WHICH
COULD INCLUDE PLACEMENT IN SUBSTANCE ABUSE TREATMENT SERVICES AS DEFINED
BY SUBDIVISION (L) OF SECTION SEVEN HUNDRED TWELVE OF THIS ARTICLE; or
  S  5. Subdivisions (a) and (b) of section 756 of the family court act,
subdivision (a) as amended by chapter 920 of the laws of 1982, paragraph
(i) of subdivision (a) as amended by chapter 309 of the  laws  of  1996,
the opening paragraph of paragraph (ii) of subdivision (a) as amended by
section  11  of part G of chapter 58 of the laws of 2010 and subdivision
(b) as amended by chapter 7 of the laws of 1999, are amended to read  as
follows:
  (a) (i) For purposes of section seven hundred fifty-four OF THIS PART,
the  court  may  place  the child in its own home or in the custody of a
suitable relative or other suitable private person or a commissioner  of
social  services  OR  IN A SUBSTANCE ABUSE TREATMENT SERVICES PROGRAM AS
DEFINED BY SUBDIVISION (L) OF SECTION SEVEN HUNDRED TWELVE OF THIS ARTI-
CLE, subject to the orders of the court.
  (ii) Where the child is placed with  the  commissioner  of  the  local
social services district, the court may direct the commissioner to place
the  child  with  an  authorized agency or class of authorized agencies,
including, if  the  court  finds  that  the  respondent  is  a  sexually
exploited  child  as  defined in subdivision one of section four hundred
forty-seven-a of the social services law, an  available  long-term  safe
house.  Unless  the dispositional order provides otherwise, the court so
directing shall include one of the following alternatives  to  apply  in
the event that the commissioner is unable to so place the child:

S. 7652                             4

  (1)  the  commissioner  shall apply to the court for an order to stay,
modify, set aside, or vacate such directive pursuant to  the  provisions
of  section seven hundred sixty-two or seven hundred sixty-three OF THIS
ARTICLE; or
  (2)  the commissioner shall return the child to the family court for a
new dispositional hearing and order.
  (III) WHERE THE  CHILD  IS  PLACED  IN  A  SUBSTANCE  ABUSE  TREATMENT
SERVICES PROGRAM, THE COURT MAY ORDER THE CHILD TO UNDERGO TREATMENT FOR
A  PERIOD  NOT TO EXCEED SIXTY DAYS. IF THE COURT FINDS IT NECESSARY, IT
MAY DIRECT THE COUNTY SHERIFF TO TAKE THE CHILD INTO CUSTODY AND DELIVER
HIM OR HER TO THE SUBSTANCE ABUSE TREATMENT SERVICES  SPECIFIED  IN  THE
COURT  ORDER,  OR  TO  THE NEAREST APPROPRIATE SUBSTANCE ABUSE TREATMENT
SERVICES PROGRAM FOR TREATMENT. THE COURT MAY  EXTEND  PLACEMENT  BEYOND
SIXTY DAYS, PURSUANT TO SECTION SEVEN HUNDRED FIFTY-SIX-B OF THIS PART.
  (b)  Placements  under  this  section  may be for an initial period of
twelve months, EXCEPT WHEN PLACEMENT IS MADE PURSUANT TO PARAGRAPH (III)
OF SUBDIVISION (A) OF THIS SECTION.  The court may  extend  a  placement
pursuant  to  section seven hundred fifty-six-a OR SECTION SEVEN HUNDRED
FIFTY-SIX-B OF THIS PART. In its discretion,  the  court  may  recommend
restitution  or  require  services  for  public good pursuant to section
seven hundred fifty-eight-a OF THIS PART in conjunction with an order of
placement.  For the purposes of calculating the initial period of place-
ment, such placement shall be deemed to have commenced sixty days  after
the  date  the child was removed from his or her home in accordance with
the provisions of this article. If the respondent has been in  detention
pending  disposition, the initial period of placement ordered under this
section shall be credited with and diminished  by  the  amount  of  time
spent  by  the  respondent in detention prior to the commencement of the
placement unless the court finds that all or part of such  credit  would
not serve the best interests of the respondent.
  S  6. The family court act is amended by adding a new section 756-b to
read as follows:
  S 756-B. EXTENSION OF PLACEMENT RELATED TO SUBSTANCE  ABUSE  TREATMENT
SERVICES.  (A)  WHENEVER  A  SUBSTANCE ABUSE TREATMENT SERVICES PROVIDER
BELIEVES THAT A CHILD WHO IS NEARING THE SCHEDULED DATE OF RELEASE  FROM
TREATMENT  SERVICES  CONTINUES  TO NEED SUCH SERVICES, A PETITION FOR AN
EXTENSION OF PLACEMENT MAY BE FILED AT LEAST TEN DAYS BEFORE THE EXPIRA-
TION OF THE COURT-ORDERED TREATMENT PERIOD. THE COURT SHALL  IMMEDIATELY
SCHEDULE  A  HEARING  TO BE HELD FIVE DAYS AFTER THE FILING OF THE PETI-
TION. THE COURT SHALL PROVIDE A COPY OF THE PETITION  FOR  EXTENSION  OF
PLACEMENT  AND  THE NOTICE OF THE HEARING TO ALL PARTIES TO THE PROCEED-
ING.
  (B) IF THE COURT FINDS THAT THE PETITION FOR AN EXTENSION OF PLACEMENT
SHOULD BE GRANTED, IT MAY ORDER THE CHILD  TO  UNDERGO  SUBSTANCE  ABUSE
TREATMENT SERVICES FOR A PERIOD NOT TO EXCEED AN ADDITIONAL NINETY DAYS.
WHEN THE CONDITIONS JUSTIFYING SUBSTANCE ABUSE TREATMENT SERVICES ARE NO
LONGER  NECESSARY,  THE  CHILD MUST BE RELEASED TO THE CUSTODY OF HIS OR
HER PARENT OR OTHER PERSON LEGALLY RESPONSIBLE FOR HIS OR HER CARE.
  (C) SUCCESSIVE EXTENSIONS OF PLACEMENT PURSUANT TO THIS SECTION MAY BE
GRANTED, BUT UNDER NO CIRCUMSTANCES SHALL SUCH  EXTENSION  BE  CONTINUED
BEYOND THE CHILD'S EIGHTEENTH BIRTHDAY WITHOUT HIS OR HER CONSENT.
  S 7. Section 764 of the family court act, as amended by chapter 920 of
the laws of 1982, is amended to read as follows:
  S  764.  Petition  to  terminate  placement.  Any parent or [guardian]
PERSON LEGALLY RESPONSIBLE FOR THE CHILD'S CARE or duly authorized agen-
cy [or next friend of  a  person  placed  under  section  seven  hundred

S. 7652                             5

fifty-six]  may  petition  [to]  the  court for an order terminating the
placement MADE PURSUANT TO SECTION SEVEN HUNDRED FIFTY-SIX OF THIS ARTI-
CLE.  The petition must be verified and must show:
  (a)  that an application for release of the respondent was made to the
duly authorized agency OR THE SUBSTANCE ABUSE TREATMENT SERVICES PROVID-
ER with which the child was placed;
  (b) that the application was denied or was not granted  within  thirty
days from the day application was made; and
  (c) the grounds for the petition.
  S  8.  Section  765  of  the  family  court  act is amended to read as
follows:
  S 765. Service of petition; answer. A copy of a petition under section
seven hundred sixty-four OF THIS PART shall be served promptly upon  the
duly  authorized  agency or the institution having custody of the person
OR THE SUBSTANCE ABUSE TREATMENT SERVICES PROVIDER, whose duty it is  to
file an answer to the petition within five days from the day of service.
  S 9. Section 767 of the family court act, as amended by chapter 283 of
the laws of 1977, is amended to read as follows:
  S  767.  Orders  on hearing. (a) If the court determines after hearing
that continued placement serves the purposes of this article,  it  shall
deny the petition. The court may, on its own motion, reduce the duration
of  the  placement,  change  the  agency  OR  SUBSTANCE  ABUSE TREATMENT
SERVICES PROVIDER in which the child is placed, or direct the agency  OR
SUBSTANCE  ABUSE TREATMENT SERVICES PROVIDER to make such other arrange-
ments for the person's care and welfare as the facts  of  the  case  may
require.
  (b)  If  the  court  determines after hearing that continued placement
does not serve the purposes of this article, the court  shall  discharge
the  person  from the custody of the agency OR SUBSTANCE ABUSE TREATMENT
SERVICES PROVIDER and may place the person on  probation  or  under  the
supervision  of  the  court,  EXCEPT THAT IT SHALL NOT PLACE SUCH PERSON
WHEN SUCH PERSON WAS PREVIOUSLY PLACED WITH A SUBSTANCE ABUSE  TREATMENT
SERVICES PROVIDER.
  S  10.  This act shall take effect on the ninetieth day after it shall
have become law.  Effective immediately, any rules or regulations neces-
sary for the implementation of this act on its  effective  date  may  be
promulgated prior to such effective date.

Co-Sponsors

view additional co-sponsors

S7652A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A10119
Current Committee:
Assembly Children And Families
Law Section:
Family Court Act
Laws Affected:
Amd §§712, 735, 720, 754, 756, 764, 765 & 767, add §756-b, Fam Ct Act

S7652A (ACTIVE) - Bill Texts

view summary

Relates to substance abuse disorder and involuntary treatment services for minors.

view sponsor memo
BILL NUMBER:S7652A

TITLE OF BILL: An act to amend the family court act, in relation to
involuntary treatment services for minors

PURPOSE OR GENERAL IDEA OF BILL:

To address the concern of substance abuse in minors by amending the
family court act to allow for assessment and treatment services for
substance use disorders.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends and adds three new subdivisions of section 712 of the
family court act, to include persons under eighteen years old who have
substance use disorders, as those who can be adjudicated under the
family court act and creates an assessment for substance use disorder
and can recommend substance abuse treatment services,. Sets
definitions for "substance use disorder," "assessment of substance use
disorder," and "substance use treatment services."

Section 2 amends subdivision (b) of the family court act to authorize
the designated lead agency to determine whether an assessment for
substance use disorder is necessary.

Section 3 amends subdivision 3 of section 720 of the family court act
to authorize the court to direct the respondent to any available
substance use treatment service as deemed appropriate.

Section 4 amends subdivision 1 of section 754 of the family court act
for consistency with existing procedures.

Section 5 amends subdivisions (a) and (b) of the section 756 of the
family court act to provide reasonable time limits for substance use
treatment services.

Section 6 creates new section 756-b of the family court act to allow
for a petition for extension of placement for substance use treatment
services.

Section 7 amends section 764 of the family court act authorizes the
parents of the respondent minor to terminate such placement,
consistent with existing procedures.

Section 8 amends section 765 of the family court act for answers to
petitions, consistent with existing procedures.

Section 9 amends section 767 of the family court act for orders on
hearings, consistent with existing procedures.

Section 10 sets the effective date.

JUSTIFICATION:

Family courts have seen a rise in substance use among young people,
especially with the recent escalation of the heroin and opioid abuse
being reported in New York State. As a result, juveniles are coming


into the courts struggling with addictions that can be complex and
often require substance use treatment services. Because the stress of
addiction can often be compounded by the pressures of school and peers
during adolescence, diversion of drug abuse is especially important
for young people and it needs to be approached comprehensively by the
courts.

Under this proposal, children under the age of 18 who are in Family
Court and who are determined to suffer from a substance abuse problem
can be placed by the court in a substance abuse treatment services
program.

PRIOR LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:

None to the State.

EFFECTIVE DATE:

This act shall take effect on the 90th day. Effective immediately, any
rules or regulations necessary for the implementation of this act on
its effective date may be promulgated prior to such effective date.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7652--A

                            I N  S E N A T E

                              May 23, 2014
                               ___________

Introduced  by  Sens.  MARTINS,  BALL, BONACIC, BOYLE, CARLUCCI, FELDER,
  GALLIVAN, GOLDEN, GRIFFO, HANNON, LANZA, LARKIN,  LITTLE,  MARCELLINO,
  MARCHIONE,  MAZIARZ,  NOZZOLIO,  O'MARA, RANZENHOFER, RITCHIE, ROBACH,
  SAVINO, SEWARD, VALESKY, YOUNG -- read twice and ordered printed,  and
  when printed to be committed to the Committee on Children and Families
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

AN ACT to amend the family court act, in relation to involuntary  treat-
  ment services for minors

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

  Section 1. Subdivisions (a) and (i) of section 712 of the family court
act, subdivision (a) as amended by section 7 of part G of chapter 58  of
the  laws of 2010 and subdivision (i) as added by section 1 of part E of
chapter 57 of the laws of 2005, are amended and three  new  subdivisions
(j), (k) and (l) are added to read as follows:
  (a) "Person in need of supervision". A person less than eighteen years
of  age  who does not attend school in accordance with the provisions of
part one of article sixty-five of the education law or who is incorrigi-
ble, ungovernable  or  habitually  disobedient  and  beyond  the  lawful
control of a parent or other person legally responsible for such child's
care,  or  other  lawful  authority,  or  who violates the provisions of
section 221.05 or 230.00 of the penal law, or HAS A SUBSTANCE USE DISOR-
DER, OR who appears to be a sexually exploited child as defined in para-
graph (a), (c) or (d) of subdivision one of section four hundred  forty-
seven-a  of  the  social services law, but only if the child consents to
the filing of a petition under this article.
  (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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15365-03-4

S. 7652--A                          2

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 TREATMENT DUE  TO  A  SUBSTANCE  USE
DISORDER, AN ASSESSMENT FOR SUBSTANCE USE DISORDER.
  (J)  "SUBSTANCE  USE  DISORDER".  THE  MISUSE  OF,  DEPENDENCE  ON, OR
ADDICTION TO LEGAL OR ILLEGAL DRUGS LEADING TO EFFECTS THAT  ARE  DETRI-
MENTAL  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)  "SUBSTANCE  USE  TREATMENT  SERVICES".  SUBSTANCE  USE  TREATMENT
SERVICES SHALL INCLUDE PARTICIPATION IN AN AVAILABLE CHEMICAL DEPENDENCE
PROGRAM OR FACILITY ESTABLISHED IN ACCORDANCE WITH  SECTIONS  19.09  AND
32.05  OF THE MENTAL HYGIENE LAW, AND ANY HOSPITAL AS DEFINED BY ARTICLE
TWENTY-EIGHT OF THE PUBLIC HEALTH LAW, THAT ADMITS PERSONS FOR SUBSTANCE
ABUSE TREATMENT.
  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.  THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES SHALL
MAKE A LIST OF ITS CERTIFIED PROVIDERS AVAILABLE TO THE DESIGNATED  LEAD
AGENCY.
  S  3. Subdivision 3 of section 720 of the family court act, as amended
by section 9 of subpart B of part Q of chapter 58 of the laws  of  2011,
is amended and a new subdivision 6 is added to read as follows:
  3.  Detention  of a person alleged to be or adjudicated as a person in
need of supervision shall, except as provided in [subdivision]  SUBDIVI-
SIONS  four AND SIX of this section, be authorized only in a foster care
program certified by the office of children and family  services,  or  a
certified  or  approved  family boarding home, or a non-secure detention
facility certified by the office and in accordance  with  section  seven
hundred  thirty-nine of this article. The setting of the detention shall
take into account (a) the proximity to the community in which the person
alleged to be or adjudicated as a person in need  of  supervision  lives

S. 7652--A                          3

with  such  person's parents or to which such person will be discharged,
and (b) the existing educational setting of such person and the proximi-
ty of such setting to the location of the detention setting.
  6.  IF  THE  RESPONDENT IS ALLEGED TO BE OR ADJUDICATED AS A PERSON IN
NEED OF SUPERVISION DUE TO A SUBSTANCE USE DISORDER AS DEFINED BY SUBDI-
VISION (J) OF SECTION SEVEN HUNDRED TWELVE OF THIS  ARTICLE,  THE  COURT
MAY  DIRECT  SUCH  RESPONDENT  TO  ANY AVAILABLE SUBSTANCE USE TREATMENT
SERVICE AS DEFINED BY SUBDIVISION (L) OF SECTION SEVEN HUNDRED TWELVE OF
THIS ARTICLE.
  S 4. Paragraph (c) of subdivision 1 of section 754 of the family court
act, as amended by section 4 of part V of chapter 383  of  the  laws  of
2001, is amended to read as follows:
  (c)  Continuing  the  proceeding  and placing the respondent in accord
with section seven hundred fifty-six OF THIS  PART;  provided,  however,
that  the  court  shall  not place the respondent in accord with section
seven hundred fifty-six OF THIS PART where  the  respondent  is  sixteen
years  of  age  or  older, unless the court determines and states in its
order that special circumstances exist to warrant such  placement  WHICH
COULD  INCLUDE  PLACEMENT IN SUBSTANCE USE TREATMENT SERVICES AS DEFINED
BY SUBDIVISION (L) OF SECTION SEVEN HUNDRED TWELVE OF THIS ARTICLE; or
  S 5. Subdivisions (a) and (b) of section 756 of the family court  act,
subdivision (a) as amended by chapter 920 of the laws of 1982, paragraph
(i)  of  subdivision  (a) as amended by chapter 309 of the laws of 1996,
the opening paragraph of paragraph (ii) of subdivision (a) as amended by
section 11 of part G of chapter 58 of the laws of 2010  and  subdivision
(b)  as amended by chapter 7 of the laws of 1999, are amended to read as
follows:
  (a) (i) For purposes of section seven hundred fifty-four OF THIS PART,
the court may place the child in its own home or in  the  custody  of  a
suitable  relative or other suitable private person or a commissioner of
social services OR IN A SUBSTANCE  USE  TREATMENT  SERVICES  PROGRAM  AS
DEFINED BY SUBDIVISION (L) OF SECTION SEVEN HUNDRED TWELVE OF THIS ARTI-
CLE, subject to the orders of the court.
  (ii)  Where  the  child  is  placed with the commissioner of the local
social services district, the court may direct the commissioner to place
the child with an authorized agency or  class  of  authorized  agencies,
including,  if  the  court  finds  that  the  respondent  is  a sexually
exploited child as defined in subdivision one of  section  four  hundred
forty-seven-a  of  the  social services law, an available long-term safe
house. Unless the dispositional order provides otherwise, the  court  so
directing  shall  include  one of the following alternatives to apply in
the event that the commissioner is unable to so place the child:
  (1) the commissioner shall apply to the court for an  order  to  stay,
modify,  set  aside, or vacate such directive pursuant to the provisions
of section seven hundred sixty-two or seven hundred sixty-three OF  THIS
ARTICLE; or
  (2)  the commissioner shall return the child to the family court for a
new dispositional hearing and order.
  (III) WHERE THE CHILD IS PLACED IN A SUBSTANCE USE TREATMENT  SERVICES
PROGRAM, THE COURT MAY ORDER THE CHILD TO UNDERGO TREATMENT FOR A PERIOD
NOT TO EXCEED SIXTY DAYS. IF THE COURT FINDS IT NECESSARY, IT MAY DIRECT
THE COUNTY SHERIFF TO TAKE THE CHILD INTO CUSTODY AND DELIVER HIM OR HER
TO THE SUBSTANCE USE TREATMENT SERVICES SPECIFIED IN THE COURT ORDER, OR
TO  THE NEAREST APPROPRIATE SUBSTANCE USE TREATMENT SERVICES PROGRAM FOR
TREATMENT. THE COURT MAY EXTEND PLACEMENT BEYOND SIXTY DAYS, PURSUANT TO
SECTION SEVEN HUNDRED FIFTY-SIX-B OF THIS PART.

S. 7652--A                          4

  (b) Placements under this section may be  for  an  initial  period  of
twelve months, EXCEPT WHEN PLACEMENT IS MADE PURSUANT TO PARAGRAPH (III)
OF  SUBDIVISION  (A)  OF THIS SECTION.  The court may extend a placement
pursuant to section seven hundred fifty-six-a OR SECTION  SEVEN  HUNDRED
FIFTY-SIX-B  OF  THIS  PART.  In its discretion, the court may recommend
restitution or require services for  public  good  pursuant  to  section
seven hundred fifty-eight-a OF THIS PART in conjunction with an order of
placement.  For the purposes of calculating the initial period of place-
ment,  such placement shall be deemed to have commenced sixty days after
the date the child was removed from his or her home in  accordance  with
the  provisions of this article. If the respondent has been in detention
pending disposition, the initial period of placement ordered under  this
section  shall  be  credited  with  and diminished by the amount of time
spent by the respondent in detention prior to the  commencement  of  the
placement  unless  the court finds that all or part of such credit would
not serve the best interests of the respondent.
  S 6. The family court act is amended by adding a new section 756-b  to
read as follows:
  S  756-B.  EXTENSION  OF  PLACEMENT RELATED TO SUBSTANCE USE TREATMENT
SERVICES. (A) WHENEVER  A  SUBSTANCE  USE  TREATMENT  SERVICES  PROVIDER
BELIEVES  THAT A CHILD WHO IS NEARING THE SCHEDULED DATE OF RELEASE FROM
TREATMENT SERVICES CONTINUES TO NEED SUCH SERVICES, A  PETITION  FOR  AN
EXTENSION OF PLACEMENT SHALL BE FILED AT LEAST TEN DAYS BEFORE THE EXPI-
RATION OF THE COURT-ORDERED TREATMENT PERIOD. THE COURT SHALL IMMEDIATE-
LY SCHEDULE A HEARING TO BE HELD FIVE DAYS AFTER THE FILING OF THE PETI-
TION.  THE  COURT  SHALL PROVIDE A COPY OF THE PETITION FOR EXTENSION OF
PLACEMENT AND THE NOTICE OF THE HEARING TO ALL PARTIES TO  THE  PROCEED-
ING.
  (B) IF THE COURT FINDS THAT THE PETITION FOR AN EXTENSION OF PLACEMENT
SHOULD  BE  GRANTED,  IT  MAY  ORDER  THE CHILD TO UNDERGO SUBSTANCE USE
TREATMENT SERVICES FOR A PERIOD NOT TO EXCEED AN ADDITIONAL NINETY DAYS.
WHEN THE CONDITIONS JUSTIFYING SUBSTANCE USE TREATMENT SERVICES  ARE  NO
LONGER  NECESSARY,  THE  CHILD MUST BE RELEASED TO THE CUSTODY OF HIS OR
HER PARENT OR OTHER PERSON LEGALLY RESPONSIBLE FOR HIS OR HER CARE.
  (C) SUCCESSIVE EXTENSIONS OF PLACEMENT PURSUANT TO THIS SECTION MAY BE
GRANTED, BUT UNDER NO CIRCUMSTANCES SHALL SUCH  EXTENSION  BE  CONTINUED
BEYOND THE CHILD'S EIGHTEENTH BIRTHDAY WITHOUT HIS OR HER CONSENT.
  S 7. Section 764 of the family court act, as amended by chapter 920 of
the laws of 1982, is amended to read as follows:
  S  764.  Petition  to  terminate  placement.  Any parent or [guardian]
PERSON LEGALLY RESPONSIBLE FOR THE CHILD'S CARE or duly authorized agen-
cy [or next friend of  a  person  placed  under  section  seven  hundred
fifty-six]  may  petition  [to]  the  court for an order terminating the
placement MADE PURSUANT TO SECTION SEVEN HUNDRED FIFTY-SIX OF THIS ARTI-
CLE.  The petition must be verified and must show:
  (a) that an application for release of the respondent was made to  the
duly  authorized agency OR THE SUBSTANCE USE TREATMENT SERVICES PROVIDER
with which the child was placed;
  (b) that the application was denied or was not granted  within  thirty
days from the day application was made; and
  (c) the grounds for the petition.
  S  8.  Section  765  of  the  family  court  act is amended to read as
follows:
  S 765. Service of petition; answer. A copy of a petition under section
seven hundred sixty-four OF THIS PART shall be served promptly upon  the
duly  authorized  agency or the institution having custody of the person

S. 7652--A                          5

OR THE SUBSTANCE USE TREATMENT SERVICES PROVIDER, whose duty  it  is  to
file an answer to the petition within five days from the day of service.
  S 9. Section 767 of the family court act, as amended by chapter 283 of
the laws of 1977, is amended to read as follows:
  S  767.  Orders  on hearing. (a) If the court determines after hearing
that continued placement serves the purposes of this article,  it  shall
deny the petition. The court may, on its own motion, reduce the duration
of  the placement, change the agency OR SUBSTANCE USE TREATMENT SERVICES
PROVIDER in which the child is placed, or direct the agency OR SUBSTANCE
USE TREATMENT SERVICES PROVIDER to make such other arrangements for  the
person's care and welfare as the facts of the case may require.
  (b)  If  the  court  determines after hearing that continued placement
does not serve the purposes of this article, the court  shall  discharge
the  person  from  the  custody of the agency OR SUBSTANCE USE TREATMENT
SERVICES PROVIDER and may place the person on  probation  or  under  the
supervision of the court, EXCEPT THAT IF SUCH PERSON WAS DISCHARGED FROM
A  SUBSTANCE  USE TREATMENT SERVICES PROGRAM, SUCH PERSON SHALL BE IMME-
DIATELY RETURNED TO THE CUSTODY OF HIS OR HER  PARENT  OR  OTHER  PERSON
LEGALLY RESPONSIBLE FOR HIS OR HER CARE.
  S  10.  This act shall take effect on the ninetieth day after it shall
have become law.  Effective immediately, any rules or regulations neces-
sary for the implementation of this act on its  effective  date  may  be
promulgated prior to such effective date.

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