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
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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
A. 9941 2
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.