Assembly Bill A9941

2015-2016 Legislative Session

Relates to truancy allegations in persons in need of supervision and child protective proceedings in family court

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-A9941 (ACTIVE) - Details

See Senate Version of this Bill:
S7846
Current Committee:
Senate Rules
Law Section:
Family Court Act
Laws Affected:
Amd ยงยง735, 736, 742, 1012, 1031 & 1035, Fam Ct Act
Versions Introduced in 2017-2018 Legislative Session:
A7557, S5714

2015-A9941 (ACTIVE) - Summary

Relates to truancy allegations in persons in need of supervision and child protective proceedings in family court.

2015-A9941 (ACTIVE) - Bill Text download pdf

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

                                  9941

                          I N  A S S E M B L Y

                               May 2, 2016
                               ___________

Introduced  by  M. of A. DAVILA, LUPARDO -- (at request of the Office of
  Court Administration) -- read once and referred to  the  Committee  on
  Children and Families

AN ACT to amend the family court act, in relation to truancy allegations
  in  persons in need of supervision and child protective proceedings in
  family court

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

  Section  1.  Paragraph  (iii) of subdivision (d) and paragraph (ii) of
subdivision (g) of section 735 of the family  court  act,  as  added  by
section  7  of  part E of chapter 57 of the laws of 2005, are amended to
read as follows:
  (iii) where the entity seeking to file a petition is a school district
or local educational agency OR WHERE THE PARENT OR OTHER POTENTIAL PETI-
TIONER INDICATES THAT THE PROPOSED PETITION WILL INCLUDE TRUANCY  AND/OR
CONDUCT  IN  SCHOOL  AS  AN ALLEGATION, the designated lead agency shall
review the steps taken by the school district or local educational agen-
cy to improve the  youth's  attendance  and/or  conduct  in  school  and
attempt  to  engage  the  school district or local educational agency in
further diversion attempts, if it appears from review that such attempts
will be beneficial to the youth.   WHERE THE SCHOOL  DISTRICT  OR  LOCAL
EDUCATIONAL  AGENCY IS NOT THE POTENTIAL PETITIONER, THE DESIGNATED LEAD
AGENCY SHALL PROVIDE NOTICE TO IT OF ANY CONFERENCE WITH  THE  POTENTIAL
PETITIONER  IN  ORDER TO ENABLE THE SCHOOL DISTRICT OR LOCAL EDUCATIONAL
AGENCY TO ASSIST THE DESIGNATED LEAD AGENCY TO RESOLVE  THE  TRUANCY  OR
SCHOOL  BEHAVIORAL  PROBLEMS  OF  THE YOUTH SO AS TO OBVIATE THE NEED TO
FILE A PETITION OR, AT MINIMUM, TO RESOLVE THE EDUCATION-RELATED ALLEGA-
TIONS OF THE PROPOSED PETITION.
  (ii) The clerk of the court shall accept a petition for filing only if
it has attached thereto the following:
  (A) if the potential petitioner is the parent or other person  legally
responsible  for  the  youth,  a  notice from the designated lead agency
indicating there is no bar to the filing of the petition as  the  poten-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14452-01-6
              

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