S T A T E O F N E W Y O R K
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3538
2015-2016 Regular Sessions
I N A S S E M B L Y
January 23, 2015
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Introduced by M. of A. ROBINSON, CLARK, PAULIN, SCARBOROUGH, TITUS,
McDONOUGH -- read once and referred to the Committee on Children and
Families
AN ACT to amend the family court act, in relation to warrants and orders
of protection in persons in need of supervision cases
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions (g) and (h) 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:
(g) (i) The designated lead agency shall promptly give written notice
to the potential petitioner whenever attempts to prevent the filing of a
petition have terminated, and shall indicate in such notice whether
efforts were successful. The notice shall also detail the diligent
attempts made to divert the case if a determination has been made that
there is no substantial likelihood that the youth will benefit from
further attempts. No persons in need of supervision petition may be
filed pursuant to this article during the period the designated lead
agency is providing diversion services. A finding by the designated lead
agency that the case has been successfully diverted shall constitute
presumptive evidence that the underlying allegations have been success-
fully resolved in any petition based upon the same factual allegations.
No petition may be filed pursuant to this article by the parent or other
person legally responsible for the youth where diversion services have
been terminated because of the failure of the parent or other person
legally responsible for the youth to consent to or actively participate.
(ii) [The] EXCEPT AS PROVIDED IN PARAGRAPH (III) OF THIS SUBDIVISION,
THE clerk of the court shall accept a petition for filing only if it has
attached thereto the following NOTICES:
(A) if the potential petitioner is the parent or other person legally
responsible for the youth, a notice from the designated lead agency
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00741-01-5
A. 3538 2
indicating there is no bar to the filing of the petition as the poten-
tial petitioner consented to and actively participated in diversion
services; and
(B) a notice from the designated lead agency stating that it has
terminated diversion services because it has determined that there is no
substantial likelihood that the youth and his or her family will benefit
from further attempts, and that the case has not been successfully
diverted.
(III) THE CLERK OF THE COURT SHALL ACCEPT A PETITION FOR FILING IF:
(A) THE POTENTIAL PETITIONER IS REQUESTING THAT THE COURT ISSUE A
WARRANT PURSUANT TO SECTION SEVEN HUNDRED THIRTY-EIGHT OF THIS ARTICLE,
BECAUSE THE RESPONDENT HAS ABSCONDED FROM THE HOME AND IS UNABLE TO BE
LOCATED AND THE POTENTIAL PETITIONER HAS MET WITH THE DESIGNATED LEAD
AGENCY WHICH MUST MAKE EFFORTS TO LOCATE THE CHILD AND THOSE EFFORTS BY
THE DESIGNATED LEAD AGENCY HAVE NOT LOCATED THE CHILD; OR
(B) THE POTENTIAL PETITIONER IS REQUESTING THAT THE COURT ISSUE A
TEMPORARY ORDER OF PROTECTION, PURSUANT TO SECTION SEVEN HUNDRED FORTY
OF THIS ARTICLE, BECAUSE THE RESPONDENT POSES AN IMMINENT RISK OF HARM
TO THE POTENTIAL PETITIONER OR MEMBER OF HIS OR HER HOUSEHOLD.
(h) No statement made to the designated lead agency or to any agency
or organization to which the potential respondent HAS BEEN REFERRED,
prior to the filing of the petition, or if the petition has been filed,
prior to the time the respondent has been notified that attempts at
diversion will not be made or have been terminated, or prior to the
commencement of a fact-finding hearing if attempts at diversion have not
terminated previously, may be admitted into evidence at a fact-finding
hearing or, if the proceeding is transferred to a criminal court, at any
time prior to a conviction.
S 2. Subdivision (b) of section 742 of the family court act, as
amended by section 9 of part E of chapter 57 of the laws of 2005, is
amended to read as follows:
(b) At the initial appearance of the respondent, the court shall
review any termination of diversion services pursuant to such section,
and the documentation of diligent attempts to provide appropriate
services and determine whether such efforts or services provided are
sufficient [and]. THE COURT may, AT ANY TIME, subject to the provisions
of section seven hundred forty-eight of this article, order that addi-
tional diversion attempts be undertaken by the designated lead agency.
The court may order the youth and the parent or other person legally
responsible for the youth to participate in diversion services. AT THE
INITIAL APPEARANCE OF THE RESPONDENT ON A PETITION FILED IN ACCORDANCE
WITH SUBPARAGRAPH (A) OF PARAGRAPH (III) OF SUBDIVISION (G) OF SECTION
SEVEN HUNDRED THIRTY-FIVE OF THIS ARTICLE, THE COURT SHALL REFER THE
RESPONDENT AND PARENT TO THE DESIGNATED LEAD AGENCY FOR DIVERSION
ATTEMPTS, UNLESS THE COURT DETERMINES THAT THERE IS A SUBSTANTIAL LIKE-
LIHOOD THAT THE CHILD WOULD ABSCOND OR THERE IS NO SUBSTANTIAL LIKELI-
HOOD THAT THE YOUTH AND HIS OR HER FAMILY WOULD BENEFIT FROM DIVERSION
ATTEMPTS. AT THE INITIAL APPEARANCE OF THE RESPONDENT ON A PETITION
FILED IN ACCORDANCE WITH SUBPARAGRAPH (B) OF PARAGRAPH (III) OF SUBDIVI-
SION (G) OF SECTION SEVEN HUNDRED THIRTY-FIVE OF THIS ARTICLE, THE COURT
SHALL REFER THE RESPONDENT AND PARENT TO THE DESIGNATED LEAD AGENCY FOR
DIVERSION ATTEMPTS, UNLESS THE COURT DETERMINES THAT THE CHILD CONTINUES
TO POSE AN IMMINENT RISK TO THE PETITIONER OR A MEMBER OF HIS OR HER
HOUSEHOLD OR THAT THERE IS NO SUBSTANTIAL LIKELIHOOD THAT THE YOUTH OR
HIS OR HER FAMILY WOULD BENEFIT FROM DIVERSION ATTEMPTS. If the desig-
nated lead agency thereafter determines that [the] A case REFERRED FOR
A. 3538 3
DIVERSION EFFORTS UNDER THIS SECTION has been successfully resolved, it
shall so notify the court, and the court shall dismiss the petition.
S 3. This act shall take effect on the ninetieth day after it shall
have become a law.