Senate Bill S7845

2015-2016 Legislative Session

Relates to dispositional options and services for juvenile delinquents and persons in need of supervision

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Archive: Last Bill Status - In Senate Committee Finance 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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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 24, 2016	reported and committed to finance
May 17, 2016	referred to children and families

Votes

- May 24, 2016 - Children And Families Committee Vote
  S7845
  
  Aye
  
  6
  
  Nay
  
  0
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Children And Families Committee Vote: May 24, 2016
      
      aye (6)
      
      Avella
      
      Montgomery
      
      Persaud
      
      Savino
      
      Serino
      
      Young
      
      aye wr (1)
      
      Bonacic

2015-S7845 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Family Court Act
Laws Affected:: Amd §§352.3, 353.2, 355.3, 355.4, 754, 756, 756-a & 757, Fam Ct Act; amd §112, Ed L; amd §409-e, Soc Serv L; amd §243, Exec L

2015-S7845 (ACTIVE) - Summary

Relates to dispositional options and services for juvenile delinquents and persons in need of supervision.

2015-S7845 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7845

 TITLE OF BILL :  An act to amend the family court act, the education
law, the social services law and the executive law, in relation to
dispositional options and services for juvenile delinquents and
persons in need of supervision

This is one in a series of measures being introduced at the request of
the Chief Administrative Judge upon the recommendation of his Family
Court and Rules Advisory Committee.

In both juvenile delinquency (JD) and Persons in Need of Supervision
(PINS) cases, youth in out-of-home care represent an ever-shrinking
proportion of youth adjudicated in Family Courts in the State,
appropriately reflecting the increased trend toward utilization of
effective evidence-based community alternatives. But for those youth
who require placement - and there is a minority of youth in both
categories who do - provision of adequate services, both in the
facilities and in the youth's communities to aid in their
reintegration upon release, is absolutely essential. The "Close to
Home" initiative enacted in 2012 through which JDs adjudicated by the
New York City Family Court, who require placement in non-secure
facilities, must be placed with the New York City Administration for
Children's Services for group home facilities in or near the City is a
salutary step. However, provisions with statewide applicability, as
well as provisions regarding PINS, are critically needed. Enhancement

of the statutory provisions regarding services for PINS and delinquent
youth statewide would provide a crucial element of the comprehensive
response needed to ameliorate the disturbing picture of the New York
State juvenile justice system conveyed in the reports of the
Governor's Task Force on Transforming Juvenile Justice, the Citizen's
Committee for Children, Child Welfare Watch and the United States
Department of Justice.*

We, therefore, submit this measure to ensure necessary services and to
increase the alternatives available to Family Courts both at the
dispositional stage and later when faced with applications for
extensions of placement in JD and PINS proceedings. If Family Court is
to meet its responsibilities to order the "least restrictive available
alternative" that fulfills the needs and best interests of the
juveniles and, in JD proceedings, that strikes an appropriate balance
of these factors with the need for protection of the community, the
Court must be able to order needed services and have a wide-range of
dispositional and post-dispositional options available.  Without these
services and supports, the State's investments in placement are lost.
The measure includes, inter alia:

-delineation of the responsibility for Family Court not only to
consider, but also to craft, a case-specific order, that meets the
needs and best interests of the juveniles and, in JD cases, that
balances these factors with the need for protection of the community;

-authorization for Family Court to order specific services that are
necessary to facilitate the juveniles' successful return home;

-discretion for Family Court to order intensive supervision, which may
include participation in a community-based rehabilitative program, in
conjunction with probation as a disposition for adjudicated JDs and
PINS who would otherwise be placed and, in JD cases, to include
electronic monitoring as a condition of the order;

-authorization for Family Court to order that, in lieu of extending
placement in JD and PINS cases, juveniles may be placed on probation
for up to one year or that, in JD cases, juveniles may be
conditionally discharged;

-a requirement that "(r)outine, emergency or other mental health
treatment, including administration of psychotropic medication, shall
be provided by licensed mental health professionals as authorized by
law;" and

-a requirement that the State Education Department develop and
implement standards to promote school stability for youth in
out-of-home care, to require that facility educational programs meet
State standards and generate credits for youth that will be recognized
by local school districts and to require local school districts to
promptly enroll youth in school upon their release.


The critical elements of this measure can be summarized as follows:

1. Responsibility of Family Court at disposition: The measure requires
that Family Court not only consider, but also craft, a case-specific
order that meets the needs and best interests of the juveniles and, in
JD cases, that balances these factors with the need for protection of
the community. Analogous to section 1015-a of the Family Court Act, if
the Court determines that there are particular services that would
facilitate the juveniles' successful return home, the Court would be
empowered, as part of a disposition, extension of placement or
permanency order, to direct that the appropriate agency arrange for or
furnish them and provide the Court and parties with progress reports.
As in Family Court Act § 1015-a, the scope of these orders with
respect to social services officials would be limited by the county
child and family services plan then in effect. The order must further
provide that youth under 21, who do not yet have high school diplomas,
must be provided with educational services that comport with the
Education Law and regulations so that credits achieved would be
transferable and, further, that special education services must be
provided if required by the youth's Individualized Education Plan.
The juvenile, his or her attorney and his or her parent or guardian
must be given a copy of the order. Clearly, as recent reports have
demonstrated, if juveniles do not receive these supports, the
community, not just the juveniles, will suffer.**

2. Expansion of alternatives to placement: Foremost among the
recommendations in the recent reports on New York's juvenile justice
system is the need to reduce the often ineffective and costly
placements in favor of increased development and utilization of
community-based alternatives.*** Consistent with these
recommendations, this measure would authorize Family Court to direct
that an adjudicated JD or PINS, who would otherwise be placed, be
required to participate in an intensive supervision program for all or
part of the period of probation to the extent available in the county.
Such a program may require participation in a community-based
rehabilitative program, including, among others, the evidence-based
programs, such as functional family therapy and multi-systemic
therapy, that have proven successful in many parts of the State.
Explicit inclusion of intensive supervision, including community-based
programs, effectuates the mandate for both PINS and JD cases that
Family Court direct utilization of the "least restrictive available
alternative" and that reasonable efforts be made to prevent
placements. See Family Court Act §§ 352.2(2); 754(2)(a).

Further, in an effort to minimize unnecessary extensions of placement
in both JD and PINS cases, this measure would authorize Family Court
to order that juveniles be placed on probation for up to one year or
that, in JD cases, juveniles may be conditionally discharged in lieu
of extending or continuing placement. These options may be useful
where a local probation department, often in conjunction with a
community-based agency, is able to provide aftercare or reentry
services for a juvenile not available through the placement agency.
No fiscal mandates are imposed by the provision. Local probation
departments that do not have or do not elect to provide such services
would not be required to do so. Nor would it relieve placement
agencies from their responsibilities to engage a youth and his or her
family in release planning early in the placement.

Intensive supervision, especially coupled with evidence-based
community programs, is a critically-needed dispositional alternative.
Enhanced State reimbursement has been available for several years for
intensive probation supervision for adults, but far smaller amounts
have been afforded to juvenile programs. That use of intensive
probation and community programs can be an effective means of
addressing juvenile justice cases, while at the same time saving
considerable sums of money, has been clearly demonstrated in programs
such as Esperanza, Enhanced Supervision and the Juvenile Justice
Initiative in New York City, as well as a variety of programs in Erie
County.**** Nationally, such programs are recognized as providing
cost-effective, safe alternatives to residential placement.*****
Evidenced-based programs, such as functional family therapy and
multi-systemic therapy, which are increasingly in use throughout the
State, have been shown to be far more effective than costly placements
in advancing constructive youth development and community safety******
The alternative - placement in facilities operated by the State Office
of Children and Family Services or contract agencies - has become
increasingly expensive, averaging over $200,000 per ju venile per
year, as compared to $3,743 per child for Enhanced Supervision,
$13,000 for Esperanza and $17,000 for the Juvenile Justice
Initiative.******* The enormous investment in out-of-home placement
has not paid off; a study of a large sample of youth released from
OCFS facilities from 1991 to 1995 revealed that 89% of the boys and
81% of the girls had been rearrested by the time they reached the age
of 28, 85% of the boys and 69% of the girls had been convicted and 52%
of the boys and 12% of the girls had been incarcerated by that
age.******** Community-based alternatives have demonstrated far lower
recidivism.*********

With respect to PINS, the need for this proposal is underscored by the
conclusions reached by the Vera Institute of Justice in its two
studies that were commissioned by the State Office of Children and
Family Services in 2001 and 2004.********** The earlier study
characterized detention and placement as the "most expensive" and
"least satisfying" pre-dispositional and dispositional options for the
juveniles, their families and the system as a whole - options that
have not been demonstrated to reduce either the truancy or absconding
problems that form the gravamen of most PINS petitions and that have
drained resources away from more promising solutions -and the
follow-up study highlighted the efficacy of the use of creative
alternatives to detention and placement for PINS.

Significantly, not only does intensive supervision save money, but it
may also facilitate access to Federal dollars. Funds from the Federal
child welfare programs can be made available to localities for these
programs if the Office of Probation and Correctional Alternatives
within the State Division of Criminal Justice Services and local
probation departments work in partnership with the State Office of
Children and Family Services and local social services districts. If
intensive supervision services that are provided to youth to prevent
placement are explicitly included in the statewide plan for child
welfare services, Federal reimbursement would be available as a
preventive service under Title IV-B of the Social Security Act. 42
U.S.C.A. §§ 622, 623 (Social Security Act, Title IV-B).***********
Federal reimbursement for child welfare services to prevent placement
of juvenile delinquents is contemplated so long as the facilities
where the youth would have been placed are eligible for Federal foster
care funding - i.e., that the facilities are not secure detention
centers or forestry camps or training schools housing over 25
juveniles. See 42 U.S.C. § 672(c) (Social Security Act, Title IV-E).
With respect to juvenile delinquents, as is now authorized for
pretrial detention (L. 2008, c. 57), so, too, this measure authorizes,
but does not require, electronic monitoring as a dispositional
condition of an intensive probation regimen. This would be an adjunct
to, but not a replacement for, the in-person contacts so vital to the
success of probation, particularly as applied to juveniles. In light
of the requirement in section 303.1(a) of the Family Court Act that
Criminal Procedure Law provisions be "specifically prescribed" in the
Family Court Act in order to be applicable, this provision would
provide the necessary analogue to section 65.10(4) of the Criminal
Procedure Law, the statutory response to the Court of Appeals decision
in People v. McNair, 87 N.Y.2d 772 (1996). See L.1996, c. 653.
Enactment of an authorization for electronic monitoring in New York is
long overdue. Significantly, the State Office of Children and Family
Services uses it in its aftercare supervision.************ Several
other states utilize this option as a vital component of a
dispositional plan in juvenile delinquency cases************* and the
Appellate Division, Third Department, has endorsed its use as a
reasonable condition of probation in a PINS proceeding. See Matter of
Kristian CC., 24 A.D.3d 930 (3d Dept., 2005), lye. app. denied, 6
N.Y.3d 710 (2006).

To ensure quality programs, this measure requires the State Office of
Probation and Correctional Alternatives to promulgate regulations
permitting and guiding the operation by local probation departments of
both electronic monitoring and intensive supervision programs,
addressing such issues as: maximum probation officer caseloads;
special training requirements for intensive supervision officers;
nature and frequency of the contacts with juveniles, schools and other
agencies; and the level and type of supervision, treatment and other
program components. Further, in order to allow adequate time for
programs to be developed, the dispositional alternatives would not
take effect until the following fiscal year.

3. Mental health services for juveniles in out-of-home care: This
measure would amend Family Court Act §§ 354 and 756 to require that
"(r)outine, emergency or other mental health treatment, including
administration of psychotropic medication, shall be provided by
licensed mental health professionals as authorized by law." The recent
investigation by the United States Department of Justice, as well as
the Governor's Task Force and Child Welfare Watch reports, underscore
the need for this provision. The Governor's Task Force report noted
that 48% of delinquent youth screened by the State Office of Children
and Family Services upon admission are determined to have mental
health needs and estimates from national experts indicate that as many
as two-thirds of juveniles in placement facilities nationwide have
significant mental health needs.************** As the Department of
Justice findings letter indicated, all too often, professional
diagnoses and treatments are not provided and psychotropic medication
is not professionally monitored.*************** The Child Welfare
Watch report specifically recommended deployment of psychiatrists and
psychiatric nurses to youth facilities.****************

4. Educational services and release planning: To realize the goals of
the release planning and educational services provisions for both PINS
and JDs and consistent with the recommendation of the Governor's Task
Force,***************** this measure amends section 112 of the
Education Law to require the State Department of Education to
establish and enforce standards to require educational programs in
placement facilities to provide credits to juveniles that are then
transferred to schools upon their release and that all school
districts accept and recognize such credits.

This measure, which would have no fiscal impact on the State, would
take effect on the first day of April after it shall have become a
law; provided, however, that any regulations necessary for the
implementation of this act shall be promulgated on or before such
effective date.

 LEGISLATIVE HISTORY :

None. New proposal.



*See Governor's Task Force on Transforming Juvenile Justice, Charting
a New Course: A Blueprint for Transforming Juvenile Justice in New
York State (Dec., 2009); Citizens' Committee for Children of New York,
Inside Out: Youth's Experiences Inside New York State's Placement
System (Dec., 2009); A Need for Correction: Reforming New York's
Juvenile Justice System, 18 Child Welfare Watch (Fall, 2009); U.S.
Dept. of Justice, "Investigation of Lansing Residential Center, Lou
Gossett, Jr. Residential Center, Tryon Residential Center and Tryon
Girls Center" (Findings Letter, dated Aug.14,2009.)

**Ibid.

***Ibid.

****See Governor's Task Force on Transforming Juvenile Justice,
Charting a New Course: A Blueprint for Transforming Juvenile Justice
in New York State (Dec., 2009) at 27; K. Hurley, "Homes for Teens, Not
Lock-ups:  New York City Experiments with Keeping Lawbreakers in the
Community," in A Need for Correction: Reforming New York's Juvenile
Justice System, 18 Child Welfare Watch 14, 18, 21 (Fall, 2009);
"Alternative to Jail Programs for Juveniles Reduce City Costs," Inside
the Budget, #148 (NYC Independent Budget Office; July 11, 2006).

***** See generally, Home-based Services for Serious and Violent
Offenders, Center for the Study of Youth Policy (Oct., 1994); M.
Jones and B. Krisberg, Images and Reality: Juvenile Crime, Youth
Violence and Public Policy, National Council on Crime and Delinquency
(June, 1994), p. 37; Comprehensive Strategy for Serious, Violent and
Chronic Offenders: Program Summary, U.S. Dept. of Justice, Office of
Juvenile Justice and Delinquency Prevention (Dec., 1993), p. 21.

******See, e.g., P. Greenwood, Changing Lives: Crime Prevention as
Crime Control Policy (U.Chi. Press, 2006); Juvenile Delinquency
Guidelines:  Improving Court Practice in Juvenile Delinquency Cases
(National Council of Juvenile and Family Court Judges, 2005).

*******See note 45, supra.

********See Governor's Task Force on Transforming Juvenile Justice,
Charting a New Course: A Blueprint for Transforming Juvenile Justice
in New York State (Dec., 2009) at page 85, n. 5.

*********See, e.g., Fight Crime, Invest in Kids, Getting Juvenile
Justice Right in New York: Proven Interventions Will Cut Crime and
Save Money (2007).

**********Changing the PINS System in New York: A Study of the
Implications of Raising the Age Limit for Persons in Need of
Supervision (PINS) (Vera Inst., Sept., 2001) at pages 34, 38; Changing
the Status Ouo for Status Offenders: New York State's Efforts to
Support Troubled Teens (Vera Inst., Dec., 2004).

*********** Reimbursable "child welfare services" are defined as
"public social services," directed, inter alia, at "preventing or
remedying, or assisting in the solution of problems which may result
in the neglect, abuse, exploitation or delinquency of children." 42
U.S.C.  § 625(a)(1)(B) (Social Security Act, Title IV-B). The Federal
regulations implementing the Act enumerate counseling and other
services determined to be "necessary and appropriate," including
"intensive, home-based family services." 45 C.F.R. § 1357.15.

************See NYS OCFS, Electronic Monitoring Program (June,
2002)(www.ocfs.state.ny.us, accessed Jan. 7, 2010).

*************See, e.g., Ariz. Rev. Stat., Tit. 8, c. 3, Art. 3, §
8-341 (1999); Ark.  Stat. Ann. Tit. 9, Subtit. 3, C. 27, Subc. 3, §
9-27-330 (1997); West's Fla. Stat. Ann. § 985.231 (1999); Official
Code of Ga. Ann., Tit. 49, C. 4A, § 49-4A-13 (1999); Baldwin's Ohio
Rev. Code Ann., Tit.  XXI, § 2151.355 (1999); Rev. Code Wash., Tit.
13, C. 13.40, § 13 .40

**************See Governor's Task Force on Transforming Juvenile
Justice, Charting a New Course: A Blueprint for Transforming Juvenile
Justice in New York State (Dec., 2009) at 59, 85 n. 10 (citing S.
Moore, "Mentally Ill Offenders Strain Juvenile Justice System," NY
Times, Aug. 9, 2009.

*************** U.S. Dept. of Justice, "Investigation of Lansing
Residential Center, Lou Gossett, Jr. Residential Center, Tryon
Residential Center and Tryon Girls Center" (Findings Letter, dated
Aug. 14, 2009), at pages 6.15 - 6.26.

****************A Need for Corrction: Reforming New York's Juvenile
Justice System, 18 Child Welfare Watch (Fall, 2009), at p. 3. See
also, Citizens' Committee for Children of New York, Inside Out:
Youth's Experiences Inside New York State's Placement System (Dec.,
2009) at p. 5.

*****************Governor's Task Force on Transforming Juvenile
Justice, Charting a New Course: A Blueprint for Transforming Juvenile
Justice in New York State (Dec., 2009) at pages 62, 77.

2015-S7845 (ACTIVE) - Bill Text download pdf

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

                                  7845

                            I N  S E N A T E

                              May 17, 2016
                               ___________

Introduced by Sen. AVELLA -- (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,  the  education  law,  the  social
  services  law  and  the  executive  law,  in relation to dispositional
  options and services for juvenile delinquents and persons in  need  of
  supervision

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

  Section 1. Paragraphs (a) and (b) of subdivision 2 of section 352.2 of
the family court act, paragraph (a) as amended by  chapter  880  of  the
laws  of 1985 and paragraph (b) as amended by chapter 145 of the laws of
2000, are amended to read as follows:
  (a) In determining an appropriate order, the court shall consider  AND
DIRECT  A  DISPOSITION THAT SPECIFICALLY MEETS the needs and best inter-
ests of the respondent as well as the need for protection of the  commu-
nity. If the respondent has committed a designated felony act, the court
shall determine the appropriate disposition in accord with section 353.5
OF  THIS  PART.    In  all  other cases, the court shall order the least
restrictive available alternative enumerated in subdivision one OF  THIS
SECTION  which  is  consistent  with the needs and best interests of the
respondent and the need for protection of the community.   WHERE  APPRO-
PRIATE,  THE  COURT  SHALL  INCLUDE IN ITS ORDER A DIRECTION FOR A LOCAL
SOCIAL SERVICES, MENTAL HEALTH, DEVELOPMENTAL DISABILITIES OR  PROBATION
OFFICIAL  OR  AN OFFICIAL OF THE OFFICE OF CHILDREN AND FAMILY SERVICES,
OFFICE OF MENTAL HEALTH OR OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABIL-
ITIES, AS APPLICABLE,  TO  PROVIDE  OR  ARRANGE  FOR  THE  PROVISION  OF
SERVICES  OR  ASSISTANCE  TO  THE  RESPONDENT  AND  HIS OR HER FAMILY TO
FURTHER THE GOALS OF THIS SECTION. SUCH ORDER REGARDING A  LOCAL  SOCIAL
SERVICES  OFFICIAL  SHALL  NOT  INCLUDE  THE PROVISION OF ANY SERVICE OR
ASSISTANCE TO THE RESPONDENT AND HIS OR HER FAMILY THAT IS  NOT  AUTHOR-
IZED  OR  REQUIRED TO BE MADE AVAILABLE PURSUANT TO THE COUNTY CHILD AND
FAMILY SERVICES PLAN THEN IN EFFECT. IN ANY  ORDER  ISSUED  PURSUANT  TO
THIS  SECTION,  THE  COURT  MAY  REQUIRE  THE  OFFICIAL TO MAKE PERIODIC

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

                                                           LBD14394-01-6

S. 7845                             2

PROGRESS REPORTS TO THE COURT  ON  THE  IMPLEMENTATION  OF  SUCH  ORDER.
VIOLATION  OF  SUCH  ORDER  SHALL  BE  SUBJECT TO PUNISHMENT PURSUANT TO
SECTION SEVEN HUNDRED FIFTY-THREE OF THE JUDICIARY LAW.
  (b)  In  an  order of disposition entered pursuant to section 353.3 or
353.4 of this [chapter] PART, or where the court has determined pursuant
to section 353.5 of this [chapter] PART that  restrictive  placement  is
not required, which order places the respondent with the commissioner of
social  services  or with the office of children and family services for
placement with an authorized agency or class of authorized  agencies  or
in  such  facilities  designated  by  the  office of children and family
services as are eligible for federal  reimbursement  pursuant  to  title
IV-E  of the social security act, the court in its order shall determine
(i) that continuation in the respondent's home would be contrary to  the
best  interests  of  the  respondent; or in the case of a respondent for
whom the court has determined that continuation in his or her home would
not be contrary to the best interests of the respondent, that  continua-
tion  in  the  respondent's  home  would  be  contrary  to  the need for
protection of the community; (ii)  that  where  appropriate,  and  where
consistent  with  the  need  for protection of the community, reasonable
efforts were made prior to the date  of  the  dispositional  hearing  to
prevent  or eliminate the need for removal of the respondent from his or
her home, or if the [child] RESPONDENT was removed from his or her  home
prior to the dispositional hearing, where appropriate and where consist-
ent  with  the  need  for  safety  of  the community, whether reasonable
efforts were made to make it possible  for  the  [child]  RESPONDENT  to
safely  return  home. If the court determines that reasonable efforts to
prevent or eliminate the need for removal of the [child] RESPONDENT from
the home were not made but that the lack of such efforts was appropriate
under the circumstances, or consistent with the need for  protection  of
the  community,  or  both, the court order shall include such a finding;
and (iii) in the case of a [child] RESPONDENT who has attained  the  age
of  [sixteen]  FOURTEEN,  the  services  needed,  if  any, to assist the
[child] RESPONDENT to make the transition from foster care to  independ-
ent  living.   WHERE THE COURT DETERMINES THAT REASONABLE EFFORTS IN THE
FORM OF SERVICES OR ASSISTANCE TO THE RESPONDENT AND HIS OR  HER  FAMILY
WOULD  MAKE  IT  POSSIBLE FOR THE RESPONDENT TO SAFELY RETURN HOME OR TO
MAKE THE TRANSITION TO INDEPENDENT LIVING, THE COURT MAY INCLUDE IN  ITS
ORDER  A  DIRECTION  FOR  SUCH SERVICES OR ASSISTANCE IN ACCORDANCE WITH
PARAGRAPH (A) OF THIS SUBDIVISION. ANY ORDER OF  PLACEMENT  PURSUANT  TO
SECTION 353.3 OF THIS PART SHALL PROVIDE THAT ANY RESPONDENT UNDER TWEN-
TY-ONE  YEARS  OF  AGE,  WHO  HAS NOT RECEIVED A HIGH SCHOOL DIPLOMA, BE
ACCORDED EDUCATIONAL SERVICES, INCLUDING SPECIAL  EDUCATIONAL  SERVICES,
IF  APPLICABLE,  IN  ACCORDANCE  WITH  THE EDUCATION LAW AND REGULATIONS
PROMULGATED BY THE COMMISSIONER OF EDUCATION IN ORDER THAT  ANY  CREDITS
ACCRUED  SHALL  BE TRANSFERABLE TO ANY SCHOOL TO WHICH THE RESPONDENT IS
TRANSFERRED FOLLOWING THE PLACEMENT.
  S 2. Paragraphs (e) and (f) of subdivision 3 of section 353.2  of  the
family  court  act, paragraph (e) as added by chapter 920 of the laws of
1982 and paragraph (f) as amended by chapter 465 of the  laws  of  1992,
are amended to read as follows:
  (e) COOPERATE WITH A PROGRAM OF INTENSIVE SUPERVISION BY THE PROBATION
DEPARTMENT  DURING THE PERIOD OF PROBATION OR A SPECIFIED PORTION THERE-
OF, TO THE EXTENT AVAILABLE IN THE COUNTY, UPON A FINDING ON THE  RECORD
BY  THE COURT THAT, ABSENT COOPERATION WITH SUCH A PROGRAM, PLACEMENT OF
THE RESPONDENT WOULD BE NECESSARY. SUCH A PROGRAM SHALL BE CONDUCTED  IN
ACCORDANCE  WITH  REGULATIONS  TO  BE  PROMULGATED  BY  THE  DIVISION OF

S. 7845                             3

PROBATION AND CORRECTIONAL ALTERNATIVES AND MAY REQUIRE THE  RESPONDENT,
AMONG  OTHER CONDITIONS, TO COMPLY WITH A COMMUNITY-BASED REHABILITATIVE
PROGRAM AND/OR A PROGRAM OF ELECTRONIC MONITORING TO THE  EXTENT  AVAIL-
ABLE  IN  THE  COUNTY,  AS  PROVIDED  BY  SUBDIVISION ONE OF SECTION TWO
HUNDRED FORTY-THREE OF THE EXECUTIVE LAW;
  (F) obtain permission from the probation officer for any absence  from
respondent's residence in excess of two weeks; and
  [(f)] (G) with the consent of the [division for youth] OFFICE OF CHIL-
DREN AND FAMILY SERVICES OR, IN A DISTRICT WITH A CLOSE TO HOME PROGRAM,
SUCH  DISTRICT,  spend  a specified portion of the probation period, not
exceeding one year, in a non-secure facility provided by  the  [division
for  youth]  OFFICE  OF CHILDREN AND FAMILY SERVICES pursuant to article
nineteen-G of the executive law OR, IN A DISTRICT WITH A CLOSE  TO  HOME
PROGRAM, A NONSECURE FACILITY OPERATED IN SUCH PROGRAM.
  S  3. Subdivision 6 of section 353.2 of the family court act, as added
by chapter 920 of the laws of 1982, is amended to read as follows:
  6. The maximum period of probation shall not exceed two  years,  WHICH
MAY  INCLUDE INTENSIVE SUPERVISION IN COOPERATION WITH A COMMUNITY-BASED
REHABILITATIVE PROGRAM, IN ACCORDANCE WITH PARAGRAPH (E) OF  SUBDIVISION
THREE  OF  THIS  SECTION,  TO  THE  EXTENT  AVAILABLE  UP TO THE TERM OF
PROBATION. If the court finds at the conclusion of the  original  period
and after a hearing that exceptional circumstances require an additional
year  of  probation,  the  court may continue the probation for an addi-
tional year.
  S 4. Subdivisions 2 and 4 of section 355.3 of the  family  court  act,
subdivision 2 as added by chapter 920 of the laws of 1982, subdivision 4
as  amended  by  chapter  454  of  the laws of 1995 and paragraph (i) of
subdivision 4 as amended by chapter 145 of the laws of 2000, are amended
to read as follows:
  2. The court shall conduct a hearing concerning the need for  continu-
ing the placement. The respondent, the presentment agency and the agency
with  [whom]  WHICH  the respondent has been placed shall be notified of
such hearing and shall have the opportunity to be  heard  [thereat].  If
the  petition  is filed within sixty days prior to the expiration of the
period of placement, the court shall first  determine  at  such  hearing
whether good cause has been shown. If good cause is not shown, the court
shall dismiss the petition.
  4.  At the conclusion of the hearing the court may, in its discretion,
order an extension of the placement for not more than  one  year,  WHICH
MAY  INCLUDE  A PERIOD OF POST-RELEASE SUPERVISION AND AFTERCARE, OR MAY
DIRECT THAT THE RESPONDENT BE PLACED ON PROBATION FOR NOT MORE THAN  ONE
YEAR,  PURSUANT  TO  SECTION  353.2 OF THIS PART, OR MAY DIRECT THAT THE
RESPONDENT BE CONDITIONALLY DISCHARGED  FOR  NOT  MORE  THAN  ONE  YEAR,
PURSUANT  TO  SECTION 353.1 OF THIS PART, OR MAY ORDER THAT THE PETITION
FOR AN EXTENSION OF PLACEMENT BE DISMISSED.  The court must consider and
determine in its order:
  (i) that where appropriate, and where consistent with the need for the
protection of the community, reasonable efforts were  made  to  make  it
possible for the respondent to safely return to his or her home;
  (ii) in the case of a respondent who has attained the age of [sixteen]
FOURTEEN,  the  services needed, if any, to assist the child to make the
transition from foster care to independent living; and
  (iii) in the case of a child placed outside New  York  state,  whether
the  out-of-state  placement continues to be appropriate and in the best
interests of the child.

S. 7845                             4

  WHERE THE COURT DETERMINES THAT REASONABLE  EFFORTS  IN  THE  FORM  OF
SERVICES  OR  ASSISTANCE  TO  THE RESPONDENT AND HIS OR HER FAMILY WOULD
FURTHER THE RESPONDENT'S NEEDS AND  BEST  INTERESTS  AND  THE  NEED  FOR
PROTECTION  OF THE COMMUNITY AND WOULD MAKE IT POSSIBLE FOR THE RESPOND-
ENT  TO  SAFELY  RETURN  HOME  OR  TO MAKE THE TRANSITION TO INDEPENDENT
LIVING, THE COURT MAY INCLUDE IN ITS ORDER A DIRECTION FOR SUCH SERVICES
OR ASSISTANCE IN ACCORDANCE WITH PARAGRAPH (A)  OF  SUBDIVISION  TWO  OF
SECTION 352.2 OF THIS PART. SUCH ORDER REGARDING A LOCAL SOCIAL SERVICES
OFFICIAL SHALL NOT INCLUDE THE PROVISION OF ANY SERVICE OR ASSISTANCE TO
THE  RESPONDENT AND HIS OR HER FAMILY THAT IS NOT AUTHORIZED OR REQUIRED
TO BE MADE AVAILABLE PURSUANT TO THE COUNTY CHILD  AND  FAMILY  SERVICES
PLAN  THEN  IN EFFECT. THE ORDER SHALL PROVIDE THAT ANY RESPONDENT UNDER
TWENTY-ONE YEARS OF AGE, WHO HAS NOT RECEIVED A HIGH SCHOOL DIPLOMA,  BE
ACCORDED  EDUCATIONAL  SERVICES, INCLUDING SPECIAL EDUCATIONAL SERVICES,
IF APPLICABLE, IN ACCORDANCE WITH  THE  EDUCATION  LAW  AND  REGULATIONS
PROMULGATED  BY  THE COMMISSIONER OF EDUCATION IN ORDER THAT ANY CREDITS
ACCRUED SHALL BE TRANSFERABLE TO ANY SCHOOL TO WHICH THE  RESPONDENT  IS
TRANSFERRED FOLLOWING THE PLACEMENT.  WHERE THE HEARING ON THE EXTENSION
OF  PLACEMENT  HAS  BEEN  HELD IN CONJUNCTION WITH A PERMANENCY HEARING,
PURSUANT TO SUBDIVISION TWO OF SECTION 355.5 OF  THIS  PART,  THE  COURT
ORDER  SHALL  INCLUDE  THE  REQUIREMENTS  OF  SUBDIVISION  SEVEN OF SUCH
SECTION.
  S 5. Subdivision 3 of section 355.4 of the family court act, as  added
by chapter 479 of the laws of 1992, is amended to read as follows:
  3.  Subject  to  regulations  of  the  department  of  health, routine
medical, dental and mental health services and treatment is defined  for
the purposes of this section to mean any routine diagnosis or treatment,
including without limitation the administration of medications or nutri-
tion,  the  extraction  of  bodily  fluids for analysis, and dental care
performed with a local anesthetic. Routine mental health treatment shall
not include  [psychiatric]  administration  of  PSYCHOTROPIC  medication
unless  it  is  part  of  an  ongoing mental health plan or unless it is
otherwise authorized by law. ROUTINE, EMERGENCY OR OTHER  MENTAL  HEALTH
TREATMENT, INCLUDING ADMINISTRATION OF PSYCHOTROPIC MEDICATION, SHALL BE
PROVIDED BY LICENSED MENTAL HEALTH PROFESSIONALS AS AUTHORIZED BY LAW.
  S 6. Paragraph (a) of subdivision 2 of section 754 of the family court
act,  as  amended by chapter 7 of the laws of 1999 and subparagraph (ii)
as amended by section 20 of part L of chapter 56 of the laws of 2015, is
amended to read as follows:
  (a) IN DETERMINING AN APPROPRIATE ORDER, THE COURT SHALL CONSIDER  AND
DIRECT  A  DISPOSITION THAT SPECIFICALLY MEETS THE NEEDS AND BEST INTER-
ESTS OF THE RESPONDENT. The order shall state the  court's  reasons  for
the  particular  disposition. If the court places the [child] RESPONDENT
in accordance with section seven hundred fifty-six  of  this  part,  the
court  in  its  order  shall  determine: (i) whether continuation in the
[child's] RESPONDENT'S home would be contrary to the  RESPONDENT'S  best
interest  [of  the child] and where appropriate, that reasonable efforts
were made prior to the date of the dispositional hearing  held  pursuant
to  this  article  to  prevent  or eliminate the need for removal of the
[child] RESPONDENT from his or her home and, if the  [child]  RESPONDENT
was removed from his or her home prior to the date of such hearing, that
such  removal was in the [child's] RESPONDENT'S best interest and, where
appropriate, reasonable efforts were made to make it  possible  for  the
[child]  RESPONDENT  to return safely home. If the court determines that
reasonable efforts to prevent or eliminate the need for removal  of  the
[child] RESPONDENT from the home were not made but that the lack of such

S. 7845                             5

efforts  was  appropriate under the circumstances, the court order shall
include such a finding; and (ii) in the case of a [child] RESPONDENT who
has attained the age of fourteen, the services needed, if any, to assist
the  [child] RESPONDENT to make the transition from foster care to inde-
pendent living.  WHERE APPROPRIATE, INCLUDING, BUT NOT LIMITED TO, WHERE
THE COURT DETERMINES THAT REASONABLE EFFORTS IN THE FORM OF SERVICES  OR
ASSISTANCE  TO THE RESPONDENT AND HIS OR HER FAMILY WOULD MAKE IT POSSI-
BLE FOR THE RESPONDENT TO SAFELY RETURN HOME OR TO MAKE  THE  TRANSITION
TO  INDEPENDENT LIVING, THE COURT SHALL INCLUDE IN ITS ORDER A DIRECTION
FOR A LOCAL SOCIAL SERVICES, MENTAL HEALTH,  DEVELOPMENTAL  DISABILITIES
OR  PROBATION  OFFICIAL OR AN OFFICIAL OF THE OFFICE OF MENTAL HEALTH OR
OFFICE FOR PEOPLE WITH DEVELOPMENTAL  DISABILITIES,  AS  APPLICABLE,  TO
PROVIDE  OR  ARRANGE  FOR THE PROVISION OF SERVICES OR ASSISTANCE TO THE
RESPONDENT AND HIS OR HER FAMILY TO FURTHER THE GOALS OF  THIS  SECTION.
SUCH  ORDER REGARDING A LOCAL SOCIAL SERVICES OFFICIAL SHALL NOT INCLUDE
THE PROVISION OF ANY SERVICE OR ASSISTANCE TO THE RESPONDENT AND HIS  OR
HER  FAMILY  THAT  IS  NOT  AUTHORIZED  OR REQUIRED TO BE MADE AVAILABLE
PURSUANT TO THE COUNTY CHILD AND FAMILY SERVICES PLAN THEN IN EFFECT. IN
ANY ORDER ISSUED PURSUANT TO THIS SECTION, THE  COURT  MAY  REQUIRE  THE
OFFICIAL  MAKE PERIODIC PROGRESS REPORTS TO THE COURT ON THE IMPLEMENTA-
TION OF SUCH ORDER. VIOLATION OF SUCH ORDER SHALL BE SUBJECT TO  PUNISH-
MENT PURSUANT TO SECTION SEVEN HUNDRED FIFTY-THREE OF THE JUDICIARY LAW.
Nothing  in  this subdivision shall be construed to modify the standards
for directing detention set forth in section seven  hundred  thirty-nine
of this article.
  S 7. Subdivision (a) of section 756 of the family court act is amended
by adding a new paragraph (iii) to read as follows:
  (III)  THE  ORDER  SHALL  PROVIDE THAT ANY RESPONDENT UNDER THE AGE OF
TWENTY-ONE YEARS BE ACCORDED  EDUCATIONAL  SERVICES,  INCLUDING  SPECIAL
EDUCATIONAL  SERVICES,  IF  APPLICABLE, IN ACCORDANCE WITH THE EDUCATION
LAW AND REGULATIONS PROMULGATED BY  THE  COMMISSIONER  OF  EDUCATION  IN
ORDER  THAT  ANY  CREDITS ACCRUED SHALL BE TRANSFERABLE TO ANY SCHOOL TO
WHICH THE RESPONDENT IS TRANSFERRED FOLLOWING THE PLACEMENT.  THE  ORDER
SHALL FURTHER PROVIDE THAT ANY ROUTINE, EMERGENCY OR OTHER MENTAL HEALTH
TREATMENT,  INCLUDING ADMINISTRATION OF PSYCHOTROPIC MEDICATION, IF ANY,
SHALL BE PROVIDED BY LICENSED MENTAL HEALTH PROFESSIONALS AS  AUTHORIZED
BY LAW.
  S  8. Section 756-a of the family court act is amended by adding a new
subdivision (d-2) to read as follows:
  (D-2)(I) THE ORDER SHALL PROVIDE THAT ANY RESPONDENT UNDER THE AGE  OF
TWENTY-ONE  YEARS  BE  ACCORDED  EDUCATIONAL SERVICES, INCLUDING SPECIAL
EDUCATIONAL SERVICES, IF APPLICABLE, IN ACCORDANCE  WITH  THE  EDUCATION
LAW  AND  REGULATIONS  PROMULGATED  BY  THE COMMISSIONER OF EDUCATION IN
ORDER THAT ANY CREDITS ACCRUED SHALL BE TRANSFERABLE TO  ANY  SCHOOL  TO
WHICH  THE RESPONDENT IS TRANSFERRED FOLLOWING THE PLACEMENT.  THE ORDER
SHALL FURTHER PROVIDE THAT ANY ROUTINE, EMERGENCY OR OTHER MENTAL HEALTH
TREATMENT, INCLUDING ADMINISTRATION OF PSYCHOTROPIC MEDICATION, IF  ANY,
SHALL  BE PROVIDED BY LICENSED MENTAL HEALTH PROFESSIONALS AS AUTHORIZED
BY LAW.
  (II) WHERE APPROPRIATE, INCLUDING, BUT NOT LIMITED TO, WHERE THE COURT
DETERMINES THAT REASONABLE EFFORTS IN THE FORM OF SERVICES OR ASSISTANCE
TO THE RESPONDENT AND HIS OR HER FAMILY WOULD MAKE IT POSSIBLE  FOR  THE
RESPONDENT  TO SAFELY RETURN HOME OR TO MAKE THE TRANSITION TO INDEPEND-
ENT LIVING, THE COURT SHALL INCLUDE IN ITS ORDER A DIRECTION FOR A LOCAL
SOCIAL SERVICES, MENTAL HEALTH, DEVELOPMENTAL DISABILITIES OR  PROBATION
OFFICIAL  OR  AN  OFFICIAL  OF THE OFFICE OF MENTAL HEALTH OR OFFICE FOR

S. 7845                             6

PEOPLE WITH DEVELOPMENTAL DISABILITIES, AS  APPLICABLE,  TO  PROVIDE  OR
ARRANGE  FOR  THE  PROVISION OF SERVICES OR ASSISTANCE TO THE RESPONDENT
AND HIS OR HER FAMILY TO FURTHER THE GOALS OF THIS SECTION.  SUCH  ORDER
REGARDING  A  LOCAL  SOCIAL  SERVICES  OFFICIAL  SHALL  NOT  INCLUDE THE
PROVISION OF ANY SERVICE OR ASSISTANCE TO THE RESPONDENT AND HIS OR  HER
FAMILY  THAT IS NOT AUTHORIZED OR REQUIRED TO BE MADE AVAILABLE PURSUANT
TO THE COUNTY CHILD AND FAMILY SERVICES PLAN  THEN  IN  EFFECT.  IN  ANY
ORDER  ISSUED  PURSUANT TO THIS SECTION, THE COURT MAY REQUIRE THE OFFI-
CIAL TO MAKE PERIODIC PROGRESS REPORTS TO THE COURT ON  THE  IMPLEMENTA-
TION  OF SUCH ORDER. VIOLATION OF SUCH ORDER SHALL BE SUBJECT TO PUNISH-
MENT PURSUANT TO SECTION SEVEN HUNDRED FIFTY-THREE OF THE JUDICIARY LAW.
  S 9. Subdivision (b) of section  757  of  the  family  court  act,  as
amended  by chapter 920 of the laws of 1982, is amended and a new subdi-
vision (e) is added to read as follows:
  (b) The maximum period of probation shall not exceed one  year,  WHICH
MAY  INCLUDE INTENSIVE SUPERVISION IN COOPERATION WITH A COMMUNITY-BASED
REHABILITATIVE PROGRAM, IN  ACCORDANCE  WITH  SUBDIVISION  (E)  OF  THIS
SECTION,  TO  THE  EXTENT  AVAILABLE,  DURING ALL OR PART OF THE TERM OF
PROBATION. If the court finds at the conclusion of the  original  period
that  exceptional circumstances require an additional year of probation,
the court may continue probation for an additional year.
  (E) IF THE RESPONDENT HAS BEEN FOUND TO BE A PERSON IN NEED OF  SUPER-
VISION,  AND  IF  THE  COURT FURTHER FINDS THAT, ABSENT INTENSIVE SUPER-
VISION, THE RESPONDENT WOULD BE PLACED PURSUANT TO SECTION SEVEN HUNDRED
FIFTY-SIX OF THIS PART, THE COURT MAY DIRECT THE RESPONDENT TO COOPERATE
WITH A PROGRAM OF INTENSIVE SUPERVISION, WHICH  MAY  INCLUDE  COMPLIANCE
WITH A COMMUNITY-BASED REHABILITATIVE PROGRAM, DURING ALL OR PART OF THE
TERM  OF PROBATION. THE LOCAL PROBATION DEPARTMENT MAY PROVIDE INTENSIVE
SUPERVISION TO RESPONDENTS SO DIRECTED PURSUANT TO THIS  SUBDIVISION  IN
ACCORDANCE  WITH  REGULATIONS TO BE PROMULGATED BY THE STATE DIVISION OF
PROBATION AND CORRECTIONAL ALTERNATIVES PURSUANT TO SUBDIVISION  ONE  OF
SECTION TWO HUNDRED FORTY-THREE OF THE EXECUTIVE LAW.
  S  10.  Subdivisions  1  and 2 of section 112 of the education law, as
amended by section 62 of Part A of chapter 3 of the laws  of  2005,  are
amended to read as follows:
  1.  The  department  shall establish and enforce standards of instruc-
tion, personnel qualifications  and  other  requirements  for  education
services  or  programs,  as determined by rules of the regents and regu-
lations of the commissioner, with respect to the individual requirements
of children who are in full-time residential care in facilities or homes
operated or supervised by any state department or  agency  or  political
subdivision  AND  SHALL  REQUIRE  THAT  CREDITS  ACCRUED  BY CHILDREN IN
PROGRAMS THAT CONFORM TO SUCH STANDARDS SHALL  BE  TRANSFERABLE  TO  ANY
SCHOOL TO WHICH THE CHILD IS TRANSFERRED FOLLOWING THE RESIDENTIAL CARE.
THE  REGULATIONS  SHALL  DIRECT THE SCHOOL DISTRICT TO COOPERATE, TO THE
EXTENT POSSIBLE, WITH THE AGENCY WITH WHICH THE CHILD IS PLACED TO COOR-
DINATE THE TIMING OF THE CHILD'S RELEASE FROM THE PROGRAM  WITH  ENROLL-
MENT  IN  SCHOOL  SO  AS  TO  BE  MINIMALLY DISRUPTIVE FOR THE CHILD AND
FURTHER HIS OR HER BEST INTERESTS.  The department shall cooperate  with
the  office  of  children  and family services, the department of mental
hygiene and local departments of social services with respect to  educa-
tional  and  vocational  training  programs  for  children  placed with,
committed to or under the supervision of such agencies.  The  department
shall  promulgate  regulations requiring the cooperation of local school
districts in facilitating the [prompt] enrollment WITHIN  NO  MORE  THAN
FIVE  BUSINESS  DAYS  of  children  who  are  released  or conditionally

S. 7845                             7

released from residential facilities operated by or under contract  with
the  office  of  children  and family services, the department of mental
hygiene and local departments of social  services  and  in  implementing
plans  for  release or conditional release submitted to the family court
pursuant to paragraph (c) of subdivision  seven  of  section  353.3  AND
PARAGRAPH (III) OF SUBDIVISION (A) OF SECTION SEVEN HUNDRED FIFTY-SIX of
the  family court act and the educational components of permanency hear-
ing reports submitted pursuant to section one  thousand  eighty-nine  of
the family court act.  Such regulations regarding the educational compo-
nents  of  permanency  hearing reports submitted pursuant to section one
thousand eighty-nine of the family  court  act  shall  be  developed  in
conjunction with the office of children and family services.  SUCH REGU-
LATIONS  SHALL  FACILITATE  THE RETENTION OF CHILDREN PLACED OR REMANDED
INTO FOSTER CARE IN THEIR ORIGINAL SCHOOLS AND, IF THAT IS NOT  FEASIBLE
OR DETERMINED TO BE IN THE CHILD'S BEST INTEREST, REQUIRE THE ENROLLMENT
OF  THE  CHILDREN  IN SCHOOL AND TRANSFER OF NECESSARY RECORDS WITHIN NO
MORE THAN FIVE BUSINESS DAYS OF RECEIPT BY THE ORIGINAL SCHOOL OF NOTICE
OF THE CHILD'S PLACEMENT INTO  FOSTER  CARE.  Nothing  herein  contained
shall  be deemed to apply to responsibility for the provision or payment
of care, maintenance or other services subject to the provisions of  the
executive law, mental hygiene law, social services law or any other law.
  2. The commissioner shall prepare a report and submit it to the gover-
nor,  the  speaker  of  the  assembly and the temporary president of the
senate by December thirty-first,  nineteen  hundred  ninety-six  and  on
December  thirty-first  of  each  successive  year.  Such  report  shall
contain, for each facility operated by or under contract with the office
of children and family services that provides educational  programs,  an
assessment  of each facility's compliance with the rules of the board of
regents, the regulations of the commissioner,  and  this  chapter.  Such
report shall include, but not be limited to: the number of youth receiv-
ing  services  under  article  eighty-nine of this chapter; the office's
activities undertaken as required by subdivisions  one,  two,  four  and
eight of section forty-four hundred three of this chapter; the number of
youth receiving bilingual education services; the number of youth eligi-
ble  to  receive  limited  English  proficient services; interviews with
facility residents conducted during site visits; library  services;  the
ratio  of  teachers  to  students; the curriculum; the length of stay of
each youth and the number of hours  of  instruction  provided;  instruc-
tional  technology utilized; the educational services provided following
the release and conditional release of the  youth,  including,  but  not
limited to, the implementation of requirements for the PROMPT enrollment
of  such  youth in school contained in plans for release and conditional
release submitted to the family  court  pursuant  to  paragraph  (c)  of
subdivision  seven  of  section 353.3 AND PARAGRAPH (III) OF SUBDIVISION
(A) OF SECTION SEVEN HUNDRED FIFTY-SIX of the family court  act  and  in
the  educational  components  of  permanency  hearing  reports submitted
pursuant to section one thousand eighty-nine of the family court act and
the compliance by local school districts with the regulations promulgat-
ed pursuant to subdivision one of this section; and any  recommendations
to  ensure  compliance  with  the  rules  of regents, regulations of the
commissioner, and this chapter.
  S 11. The opening paragraph of subdivision 1 of section 409-e  of  the
social  services law, as amended by section 60 of part A of chapter 3 of
the laws of 2005, is amended to read as follows:
  With respect to each  child  who  is  identified  by  a  local  social
services  district  as  being considered for placement in foster care as

S. 7845                             8

defined in section one thousand eighty-seven of the family court act  by
a  social  services district, such district, within thirty days from the
date of such identification, shall perform an assessment  of  the  child
and his or her family circumstances. Where a child has been removed from
his  or  her  home AND PLACED INTO FOSTER CARE AS DEFINED IN SECTION ONE
THOUSAND EIGHTY-SEVEN OF THE FAMILY COURT ACT,  DETENTION  OR  PLACEMENT
PURSUANT TO ARTICLE SEVEN OF THE FAMILY COURT ACT OR NONSECURE OR LIMIT-
ED  SECURE  PLACEMENT PURSUANT TO ARTICLE THREE OF THE FAMILY COURT ACT,
within thirty days of such removal, DETENTION OR  PLACEMENT,  the  local
social  services  district  shall perform an assessment of the child and
his or her family circumstances, or update any assessment performed when
the child was considered for  placement.  Any  assessment  shall  be  in
accordance  with  such  uniform procedures and criteria as the office of
children and family services shall by regulation prescribe. Such assess-
ment shall include the following:
  S 12. Subdivision 1 of section 243 of the executive law, as amended by
section 17 of part A of chapter 56 of the laws of 2010,  is  amended  to
read as follows:
  1.  The  office  shall  exercise general supervision over the adminis-
tration of probation services throughout the state, including  probation
in family courts and shall collect statistical and other information and
make  recommendations regarding the administration of probation services
in the courts. The office shall endeavor to secure the effective  appli-
cation of the probation system and the enforcement of the probation laws
and  the  laws  relating  to  family  courts throughout the state. After
consultation with the  state  probation  commission,  the  office  shall
recommend to the commissioner general rules which shall regulate methods
and  procedure  in  the  administration of probation services, including
investigation of defendants prior to sentence,  and  children  prior  to
adjudication,  supervision,  case  work, record keeping, and accounting,
program planning and research so as to secure the most effective  appli-
cation of the probation system and the most efficient enforcement of the
probation laws throughout the state.  SUCH RULES SHALL PERMIT THE ESTAB-
LISHMENT OF A PROGRAM OF INTENSIVE SUPERVISION FOR JUVENILES DIRECTED TO
RECEIVE  SUCH SERVICES PURSUANT TO PARAGRAPH (E) OF SUBDIVISION THREE OF
SECTION 353.2 OR SUBDIVISION (E) OF SECTION SEVEN HUNDRED FIFTY-SEVEN OF
THE FAMILY COURT ACT, WHICH MAY REQUIRE PARTICIPATION BY  THE  JUVENILES
IN  COMMUNITY-BASED  REHABILITATIVE  PROGRAMS. SUCH RULES SHALL INCLUDE,
BUT NOT BE LIMITED TO: (A) SPECIFICATION OF THE MAXIMUM CASELOAD  LEVELS
AND  TRAINING REQUIRED FOR INTENSIVE SUPERVISION PROBATION OFFICERS; (B)
THE FREQUENCY AND NATURE OF PROBATION CONTACTS  WITH  JUVENILES  IN  THE
PROGRAM,  SCHOOLS AND OTHER AGENCIES; AND (C) SUPERVISION, TREATMENT AND
OTHER SERVICES TO BE  PROVIDED  TO  SUCH  JUVENILES.  SUCH  RULES  SHALL
FURTHER  PROVIDE  FOR THE ESTABLISHMENT OF A PROGRAM OF ELECTRONIC MONI-
TORING FOR JUVENILES  WHO  ARE  THE  SUBJECTS  OF  JUVENILE  DELINQUENCY
PETITIONS  AND WOULD OTHERWISE BE DETAINED PRIOR TO DISPOSITION PURSUANT
TO SUBDIVISION THREE OF SECTION 320.5 OF THE FAMILY COURT  ACT  AND  FOR
ADJUDICATED  JUVENILE  DELINQUENTS  PLACED  ON PROBATION ON CONDITION OF
COOPERATION WITH A PROGRAM OF ELECTRONIC MONITORING  PURSUANT  TO  PARA-
GRAPH (E) OF SUBDIVISION THREE OF SECTION 353.2 OF THE FAMILY COURT ACT.
Such  rules  shall  provide that the probation investigations ordered by
the court in designated  felony  act  cases  under  subdivision  one  of
section  351.1  of  the  family court act shall have priority over other
cases arising under articles three and seven  of  such  act.  When  duly
adopted  by  the  commissioner,  such  rules  shall  be binding upon all
probation officers and when duly adopted shall have the force and effect

S. 7845                             9

of law, but shall not supersede rules that may be  adopted  pursuant  to
the  family  court act. The office shall keep informed as to the work of
all probation officers and shall from time  to  time  inquire  into  and
report upon their conduct and efficiency. The office may investigate the
work  of any probation bureau or probation officer and shall have access
to all records and probation offices. The office may issue subpoenas  to
compel  the  attendance  of  witnesses  or  the  production of books and
papers. The office may administer oaths and examine persons under  oath.
The  office  may recommend to the appropriate authorities the removal of
any probation officer. The office may from time to time publish  reports
regarding probation including probation in family courts, and the opera-
tion  of  the  probation system including probation in family courts and
any other information regarding probation as the  office  may  determine
provided  expenditures  for such purpose are within amounts appropriated
therefor.
  S 13. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law;  provided,  however,  that
any  regulations  necessary  for the implementation of this act shall be
promulgated on or before such effective date.

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Senate Bill S7845

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Archive: Last Bill Status - In Senate Committee Finance Committee

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May 24, 2016 - Children And Families Committee Vote

Children And Families Committee Vote: May 24, 2016

2015-S7845 (ACTIVE) - Details

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Sponsored By

Tony Avella

Archive: Last Bill Status - In Senate Committee Finance Committee

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2015-S7845 (ACTIVE) - Details

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2015-S7845 (ACTIVE) - Bill Text download pdf

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