S T A T E   O F   N E W   Y O R K
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                                  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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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; AND
  (C) WHERE THE PROPOSED PETITION CONTAINS ALLEGATIONS OF TRUANCY AND/OR
SCHOOL  MISBEHAVIOR,  WHETHER OR NOT THE SCHOOL DISTRICT OR LOCAL EDUCA-
TIONAL AGENCY IS THE PROPOSED PETITIONER, A NOTICE FROM  THE  DESIGNATED
LEAD  AGENCY  REGARDING THE DIVERSION EFFORTS UNDERTAKEN AND/OR SERVICES
PROVIDED BY THE DESIGNATED LEAD AGENCY AND/OR BY THE SCHOOL DISTRICT  OR
LOCAL  EDUCATIONAL  AGENCY  TO  THE YOUTH AND THE GROUNDS FOR CONCLUDING
THAT THE EDUCATIONAL PROBLEMS COULD NOT BE RESOLVED ABSENT THE FILING OF
A PETITION UNDER THIS ARTICLE.
  S 2. Section 736 of the family court act is amended by  adding  a  new
subdivision 4 to read as follows:
  (4)  WHERE  THE PETITION CONTAINS ALLEGATIONS OF TRUANCY AND/OR SCHOOL
MISBEHAVIOR AND WHERE THE SCHOOL DISTRICT OR LOCAL EDUCATIONAL AGENCY IS
NOT THE PETITIONER, THE COURT SHALL CAUSE A COPY  OF  THE  PETITION  AND
NOTICE  OF  THE  TIME  AND  PLACE  TO  BE HEARD TO BE SENT TO THE SCHOOL
DISTRICT OR LOCAL EDUCATIONAL AGENCY IDENTIFIED BY THE  DESIGNATED  LEAD
AGENCY  IN  ITS NOTICE PURSUANT TO SUBPARAGRAPH (C) OF PARAGRAPH (II) OF
SUBDIVISION (G) OF SECTION  SEVEN  HUNDRED  THIRTY-FIVE  OF  THIS  PART.
WHERE  THE  COURT DETERMINES THAT PARTICIPATION AND/OR ASSISTANCE BY THE
SCHOOL DISTRICT OR LOCAL EDUCATIONAL AGENCY WOULD AID IN THE  RESOLUTION
OF  THE PETITION, THE SCHOOL DISTRICT OR LOCAL EDUCATIONAL AGENCY MAY BE
JOINED BY THE COURT AS A NECESSARY PARTY AND MAY  BE  ASKED  TO  PROVIDE
ASSISTANCE  IN  ACCORDANCE  WITH  SECTION TWO HUNDRED FIFTY-FIVE OF THIS
ACT.
  S 3. 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.  If  the
designated  lead agency thereafter determines that [the] A case REFERRED
FOR DIVERSION EFFORTS UNDER THIS SECTION has been successfully resolved,
it shall so notify the court, and the court shall dismiss the petition.
  S 4. Subparagraph (A) of paragraph (i) of subdivision (f)  of  section
1012  of  the family court act, as amended by chapter 469 of the laws of
1971, is amended to read as follows:
  (A) in supplying the child with adequate food,  clothing,  shelter  or
education  in  accordance  with  the  provisions  of part one of article
sixty-five of the education law, or  medical,  dental,  optometrical  or
surgical  care, though financially able to do so or offered financial or
other reasonable means to do so , OR, IN THE CASE OF AN ALLEGED  FAILURE
OF THE RESPONDENT TO PROVIDE EDUCATION TO THE CHILD, NOTWITHSTANDING THE
EFFORTS  OF  THE  SCHOOL  DISTRICT OR LOCAL EDUCATIONAL AGENCY AND CHILD

A. 9941                             3

PROTECTIVE AGENCY TO AMELIORATE SUCH ALLEGED FAILURE PRIOR TO THE FILING
OF THE PETITION; or
  S  5.  Section 1031 of the family court act is amended by adding a new
subdivision (g) to read as follows:
  (G) WHERE A PETITION UNDER THIS ARTICLE CONTAINS AN  ALLEGATION  OF  A
FAILURE  BY  THE RESPONDENT TO PROVIDE EDUCATION TO THE CHILD IN ACCORD-
ANCE WITH ARTICLE SIXTY-FIVE OF THE EDUCATION LAW, REGARDLESS OF WHETHER
SUCH ALLEGATION IS THE SOLE ALLEGATION OF  THE  PETITION,  THE  PETITION
SHALL  RECITE  THE  EFFORTS  UNDERTAKEN BY THE PETITIONER AND THE SCHOOL
DISTRICT OR LOCAL EDUCATIONAL AGENCY TO AMELIORATE SUCH ALLEGED  FAILURE
PRIOR  TO THE FILING OF THE PETITION AND THE GROUNDS FOR CONCLUDING THAT
THE EDUCATIONAL PROBLEMS COULD NOT BE RESOLVED ABSENT THE  FILING  OF  A
PETITION UNDER THIS ARTICLE.
  S  6.  Section 1035 of the family court act is amended by adding a new
subdivision (g) to read as follows:
  (G) WHERE THE PETITION FILED UNDER THIS ARTICLE CONTAINS AN ALLEGATION
OF A FAILURE BY THE RESPONDENT TO PROVIDE  EDUCATION  TO  THE  CHILD  IN
ACCORDANCE WITH ARTICLE SIXTY-FIVE OF THE EDUCATION LAW, THE COURT SHALL
CAUSE  A  COPY  OF  THE  PETITION AND NOTICE OF THE TIME AND PLACE TO BE
HEARD TO BE SENT TO THE SCHOOL  DISTRICT  OR  LOCAL  EDUCATIONAL  AGENCY
IDENTIFIED BY THE PETITIONER IN THE PETITION IN ACCORDANCE WITH SUBDIVI-
SION  (G)  OF SECTION ONE THOUSAND THIRTY-ONE OF THIS ARTICLE. WHERE THE
COURT DETERMINES THAT PARTICIPATION AND/OR ASSISTANCE WOULD AID  IN  THE
RESOLUTION  OF  THE  PETITION, SUCH SCHOOL DISTRICT OR LOCAL EDUCATIONAL
AGENCY MAY BE JOINED BY THE COURT AS A NECESSARY PARTY AND MAY BE  ASKED
TO  PROVIDE ASSISTANCE IN ACCORDANCE WITH SECTION TWO HUNDRED FIFTY-FIVE
OF THIS ACT.
  S 7. This act shall take effect on the ninetieth day  after  it  shall
have become a law.