Senate Bill S6440

                                 BILL NUMBER:  S6440

 TITLE OF BILL :  An act to amend the family court act, in relation to
service of summonses upon parents in juvenile delinquency cases

 PURPOSE :

To better engage the families of juveniles involved in juvenile
delinquency proceedings and to assist the Family Court in formulating
dispositions in the best interest of juveniles and communities.

 SUMMARY OF PROVISIONS :

Section 312.1 of the Family Court Act is amended to provide for the
issuance of summonses to parents of juveniles, including a
non-custodial parent, involved in juvenile delinquency proceedings.
Failure of a parent to appear will not delay the proceeding.

 EXISTING LAW :

There is no existing requirement that summonses be issued to
non-custodial parents of juveniles subject to juvenile delinquency
petitions.

 JUSTIFICATION :

              

Just as in child abuse, child neglect, and persons in need of
supervision (PINS) proceedings, so too, in juvenile delinquency
proceedings a child's non-custodial parent may be a critical player in
achieving an appropriate disposition. Sometimes a non-custodial parent
or his or her extended family may provide vital placement resources
for a child, both temporarily during the pendency of the action and on
a more extended basis at disposition, or may at the very least provide
helpful participation that may positively influence the child's
behavior. However, unlike the statutory provisions applicable to child
protective and PINS proceedings, the Family Court Act contains no
mandate to even notify non-custodial parents of, let alone engage them
in resolving, their children's juvenile delinquency proceedings. This
measure would fill that gap.

Supplementing the existing requirement for a summons to be issued in
juvenile delinquency cases upon an accused juvenile's parent or other
legally responsible person, this measure would provide that a summons
would also be issued for the juvenile's non-custodial parent or
parents, if any. The local probation department that generally
interviews parties at the outset for adjustment purposes, as well as
the presentment agency, would be charged with the responsibility of
asking the custodial parent for the necessary contact information for
parents other than those already notified. The presentment agency
would be required to serve the summons, along with a copy of the
petition, upon the non-custodial parent or parents either personally
at least 24 hours prior to the date indicated for appearance or by
mail at least five days before the appearance date. Consistent with
Family Court Act section 341.2(3), however, failure of the notified
parent to appear in court would not be grounds to delay the
proceedings.

The importance of notifying and involving all of the parents in a
juvenile delinquency proceeding is underscored by the applicability of
the mandates of the federal Adoption and Safe Families Act (Public Law
105-89) to juvenile delinquency cases. Most recently, in reauthorizing
the federal Juvenile Justice and Delinquency Prevention Act as part of
the 21st Century Department of Justice Appropriations Act, Congress
mandated compliance with the ASFA strictures in juvenile delinquency
cases, not only for eligibility for federal Title IV-E foster care
reimbursement, but also as a prerequisite to states' receipt of
federal juvenile justice funding. Significantly, these requirements
include not only the judicial findings, but also the requirements for
development and review of ease plans with the participation of the
child's parents (see 42 USC sections 671, 675, 5633(28)).

Incorporating ASFA mandates into New York's juvenile delinquency
statute, sections 307.4(8) and 320.5(5) of the Family Court Act
requires the Court to determine at the time detention is ordered
whether the juvenile's retention in the home would be contrary to his
or her best interests and whether reasonable efforts, if appropriate,
had been made to prevent or eliminate the need for the juvenile's
removal from home and to make it possible for the juvenile to return
home. As was underscored by New York's unsuccessful performance in the
recent federal Title IV-E audit, particularly in juvenile delinquency
cases, if these findings are not made on a timely basis at the outset
of a child's detention, even though detention facilities are not Title
IV-E eligible, New York State will not be able to receive any federal
funding for the juvenile even if he or she is ultimately placed in a
IV-E eligible program. Similar findings must be made at the
dispositional stage as a prerequisite to placement in programs for
which federal reimbursement under Title IV-E may be available,
Additionally, periodic permanency hearings must be held, similar to
those in child protective proceedings, at which further "reasonable
efforts" and "contrary to the best interests" findings must be made
(see Family Court Act sections 352.2(2)(b), 355.5).

Clearly, where involvement of non-custodial parents and through them,
their extended family, may make it possible for a juvenile to avoid or
shorten a foster care placement or may further prompt achievement of
the juvenile's permanency goal, New York State's compliance with ASFA
would be enhanced. Equally, if not more important, engagement of a
juvenile's entire family in addressing his or her delinquent conduct
furthers the Family Court's capacity to fulfill its statutory duty
under Family Court Act sections 301.1 and 352.2(2)(a) to formulate
dispositions responsive to both the needs and best interests of the
juvenile and the need for community protection.

 LEGISLATIVE HISTORY :

2015-16: A4537 Referred to Children and Families
2013-14: A3071 Referred to Children and Families
2011-12: A2480 Referred to Children and Families
2009-10: A2588 Referred to Children and Families
2007-08: A33

 FISCAL IMPLICATIONS :

No meaningful fiscal impact

 LOCAL FISCAL IMPLICATIONS :

No meaningful fiscal impact

 EFFECTIVE DATE :
This act shall take effect on the ninetieth day after it shall have
become a law.