NY State Senate Bill 2015-S7565

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 24, 2016	reported and committed to finance
May 10, 2016	referred to children and families

Votes

- May 24, 2016 - Children And Families Committee Vote
  S7565
  
  5
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Children And Families Committee Vote: May 24, 2016
      
      aye (5)
      
      Avella
      
      Montgomery
      
      Persaud
      
      Savino
      
      Serino
      
      aye wr (2)
      
      Bonacic
      
      Young

2015-S7565 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Family Court Act
Laws Affected:: Amd §353.2, Fam Ct Act; add Art 6 Title 12 §§458-m & 458-n, amd §§404 & 409-a, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S5475
2019-2020: S786

2015-S7565 (ACTIVE) - Summary

Relates to establishing family support centers for youth at risk of being, or alleged or adjudicated to be juvenile delinquents or persons in need of supervision; authorizes reimbursement to counties.

2015-S7565 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7565

 TITLE OF BILL :  An act to amend the family court act, in relation to
authorizing probation in juvenile delinquent cases to be conditional
upon referral for certain family services; and to amend the social
services law, in relation to family support centers and state
reimbursement for expenditures made by social services districts for
various services

 SUMMARY OF PROVISIONS :

Section 1 of the bill creates a new section of subdivision 2 of
section 353.2 of the family court act to include a family support
center pursuant to title twelve of article six of the social services
law.

Section 2 of the bill explains family support centers as well as
funding thereof.

Section 3 of the bill defines the allowable eligible expenditures a
social service district may apply for an approved juvenile justice
service close to home initiative.

Section 4 of the bill describes the services to be provided by family
support centers.

Section 5 of the bill is the effective date.

 JUSTIFICATION :

Research has demonstrated that diversion of appropriate cases before
they reach the courts both improves outcomes for the youth involved
and better protects public safety. In addition, the cost of diversion
is much lower than that of juvenile detention or out-of-home
placement.

Persons in Need of Supervision (PINS) are youth ages 17 and under who
have engaged in non-criminal "status offenses" such as truancy and
running away. While these young people do not stand accused of any
crime, they can be confined in non-secure detention and placement
settings. In 2013, there were 1,574 PINS detention admissions and 627
admissions to out-of-home placement. The bulk of detention and
placement for PINS occurs outside of New York City: in 2013, 89
percent of PINs placements and 83 percent of PINS detention admissions
were ordered in counties outside of New York City.  The most effective
interventions for PINS youth have been shown to include: diversion
from court, immediate response, a triage process, accessible services
that engage the entire family, and ongoing quality assurance of
program effectiveness.

In October, 2007, in the state of Connecticut, Family Support Centers
(FSCs) opened in the four jurisdictions with the highest numbers of
youth offense complaints. In lieu of court referrals, those youth
offenders who were in crisis or deemed high-risk after being screened
by a probation officer were referred to a FSC. Services provided to
youths and families diverted to FSC included counseling, mediation,
mental health, and respite care. During the first six months after the
2007 implementation of FSCs, the number of status offense court
referrals fell by 41%, and more than one year later no youth charged
with a status offense had been securely detained. From 2007 to 2009,
81% of youths who successfully completed an FSC program had no further
involvement in the juvenile justice system.

It is recommended by the Commission on Youth, Public Safety and
Justice that New York reinvest some of the resources currently used
for PINS out-of home detention and placement to support this model of
effective community-based intervention, reserving these costly
settings only for youth who present a significant risk to public
safety.

To this end, state reimbursement shall be made available for one
hundred percent of expenditures made by social service districts,
exclusive of any federal funds made available for family support
centers statewide.

New York State now stands as one of only two states in the country
that has set the age of criminal responsibility at age 16. That single
fact has become a rallying cry for the current reform movement in this
State.

The impacts of processing all 16- and 17-year-olds in the criminal
justice system fall disproportionately on young men of color. Young
men of color are substantially overrepresented among youth who are
arrested at age 16 and 17 and who end up incarcerated as a result of
the offense. Those impacts are felt not only by the young men
themselves, but also by communities of color around the State.

Scientific research into brain development has revealed that portions
of our brains, including that governing impulse control, develop far
later than expected - as late as one's mid-20s. This research has
demonstrated that adolescents do not have fully developed faculties of
judgment or impulse control. It has also shown that adolescents
respond more favorably to efforts to rehabilitate them and to put them
on the right track as opposed to confinement. This research of
adolescent offenders has coincided with, a steady and significant
decrease in violent crimes committed by young offenders since the
1990s. That reduction in crime has replaced outsized fears of young
"super predators" with a more thoughtful focus on targeted criminal
justice interventions to reduce recidivism without simply expanding
costly incarceration.

 LEGISLATIVE HISTORY :

New bill

 FISCAL IMPLICATION :

Fiscal analysis performed by the Commission on Youth, Public Safety
and Justice suggests that diversion interventions can be provided for
an average cost of $3,000 per case while the cost of out-of-home
placement can reach over $200,000 per child annually.

Analysis completed by the Office of Children and Family Services
showed that New York State spends over $100 million annually to hold
PINS youth in detention and placement. This expensive practice is
contrary to best practice standards for these youth who have not
committed any offense.

This bill will save the state millions of dollars.

 EFFECTIVE DATE :
This bill shall take effect immediately provided certain requirements
be met.

2015-S7565 (ACTIVE) - Bill Text download pdf

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

                                  7565

                            I N  S E N A T E

                              May 10, 2016
                               ___________

Introduced  by  Sen.  MONTGOMERY  -- 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,  in  relation  to  authorizing
  probation in juvenile delinquent cases to be conditional upon referral
  for  certain family services; and to amend the social services law, in
  relation to family support centers and state reimbursement for expend-
  itures made by social services districts for various services

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

  Section  1.  Paragraph  (e)  of  subdivision 2 of section 353.2 of the
family court act, as amended by chapter 124 of  the  laws  of  1993,  is
amended to read as follows:
  (e)  co-operate  with a mental health, social services or other appro-
priate community facility or agency to which the respondent is referred,
INCLUDING A FAMILY SUPPORT CENTER PURSUANT TO TITLE  TWELVE  OF  ARTICLE
SIX OF THE SOCIAL SERVICES LAW;
  S  2.  Article 6 of the social services law is amended by adding a new
title 12 to read as follows:
                                TITLE 12
                         FAMILY SUPPORT CENTERS
SECTION 458-M. FAMILY SUPPORT CENTERS.
        458-N. FUNDING FOR FAMILY SUPPORT CENTERS.
  S 458-M. FAMILY SUPPORT CENTERS. 1. AS USED IN THIS  TITLE,  THE  TERM
"FAMILY  SUPPORT  CENTER"  SHALL  MEAN A PROGRAM ESTABLISHED PURSUANT TO
THIS TITLE TO PROVIDE COMMUNITY-BASED SUPPORTIVE SERVICES  TO  YOUTH  AT
RISK OF BEING, OR ALLEGED OR ADJUDICATED TO BE PERSONS IN NEED OF SUPER-
VISION  PURSUANT  TO  ARTICLE  SEVEN  OF THE FAMILY COURT ACT, AND THEIR
FAMILIES.  FAMILY  SUPPORT  CENTERS  MAY  ALSO  PROVIDE  COMMUNITY-BASED
SUPPORTIVE  SERVICES TO YOUTH WHO ARE ALLEGED OR ADJUDICATED TO BE JUVE-
NILE DELINQUENTS PURSUANT TO ARTICLE THREE OF THE FAMILY COURT  ACT  AND
YOUTH  AGED SIXTEEN, SEVENTEEN AND EIGHTEEN WHO ARE ACCUSED OR CONVICTED
OF CRIMES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14807-02-6

S. 7565                             2

  2. FAMILY SUPPORT CENTERS SHALL PROVIDE COMPREHENSIVE SERVICES TO SUCH
CHILDREN AND THEIR FAMILIES, EITHER DIRECTLY OR THROUGH  REFERRALS  WITH
PARTNER AGENCIES, INCLUDING, BUT NOT LIMITED TO:
  (A) RAPID FAMILY ASSESSMENTS AND SCREENINGS;
  (B) CRISIS INTERVENTION;
  (C) FAMILY MEDIATION AND SKILLS BUILDING;
  (D)  MENTAL  AND  BEHAVIORAL HEALTH SERVICES AS DEFINED IN SUBDIVISION
FIFTY-EIGHT OF SECTION 1.03 OF THE MENTAL HYGIENE LAW  INCLUDING  COGNI-
TIVE INTERVENTIONS;
  (E) CASE MANAGEMENT;
  (F) RESPITE SERVICES; AND
  (G) OTHER FAMILY SUPPORT SERVICES.
  3.  TO THE EXTENT PRACTICABLE, THE SERVICES THAT ARE PROVIDED SHALL BE
TRAUMA SENSITIVE, FAMILY FOCUSED, GENDER-RESPONSIVE, WHERE  APPROPRIATE,
AND EVIDENCE AND/OR STRENGTH BASED AND SHALL BE TAILORED TO THE INDIVID-
UALIZED  NEEDS  OF  THE  CHILD  AND  FAMILY BASED ON THE ASSESSMENTS AND
SCREENINGS CONDUCTED BY SUCH FAMILY SUPPORT CENTER.
  4. FAMILY SUPPORT CENTERS SHALL HAVE THE CAPACITY  TO  SERVE  FAMILIES
OUTSIDE OF REGULAR BUSINESS HOURS INCLUDING EVENINGS OR WEEKENDS.
  S  458-N.  FUNDING  FOR FAMILY SUPPORT CENTERS. 1. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY,  STATE  REIMBURSEMENT  SHALL  BE
MADE  AVAILABLE  FOR  ONE HUNDRED PERCENT OF EXPENDITURES MADE BY SOCIAL
SERVICES DISTRICTS, EXCLUSIVE OF ANY FEDERAL FUNDS  MADE  AVAILABLE  FOR
SUCH PURPOSE, FOR FAMILY SUPPORT CENTERS STATEWIDE.
  2.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, FAMILY
SUPPORT CENTERS SHALL BE ESTABLISHED IN EACH  SOCIAL  SERVICES  DISTRICT
THROUGHOUT  THE  STATE  WITH  THE APPROVAL OF THE OFFICE OF CHILDREN AND
FAMILY SERVICES, PROVIDED HOWEVER  THAT  TWO  OR  MORE  SOCIAL  SERVICES
DISTRICTS  MAY JOIN TOGETHER TO ESTABLISH, OPERATE AND MAINTAIN A FAMILY
SUPPORT CENTER AND MAY MAKE AND PERFORM AGREEMENTS IN CONNECTION  THERE-
WITH.
  3.  SOCIAL  SERVICES DISTRICTS MAY CONTRACT WITH NOT-FOR-PROFIT CORPO-
RATIONS OR UTILIZE EXISTING PROGRAMS TO OPERATE FAMILY  SUPPORT  CENTERS
IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE AND THE SPECIFIC PROGRAM
REQUIREMENTS  ISSUED  BY  THE  OFFICE. FAMILY SUPPORT CENTERS SHALL HAVE
SUFFICIENT CAPACITY TO PROVIDE  SERVICES  TO  YOUTH  WITHIN  THE  SOCIAL
SERVICES  DISTRICT  OR DISTRICTS WHO ARE AT RISK OF BECOMING, ALLEGED OR
ADJUDICATED TO BE PERSONS IN NEED OF  SUPERVISION  PURSUANT  TO  ARTICLE
SEVEN  OF  THE FAMILY COURT ACT, AND THEIR FAMILIES. IN ADDITION, TO THE
EXTENT PRACTICABLE, FAMILY SUPPORT CENTERS MAY PROVIDE SERVICES TO YOUTH
WHO ARE ALLEGED OR ADJUDICATED UNDER ARTICLE THREE OF THE  FAMILY  COURT
ACT.
  4.  SOCIAL SERVICES DISTRICTS RECEIVING FUNDING UNDER THIS TITLE SHALL
REPORT TO THE OFFICE OF CHILDREN AND FAMILY SERVICES, IN  THE  FORM  AND
MANNER AND AT SUCH TIMES AS DETERMINED BY THE OFFICE, ON THE PERFORMANCE
OUTCOMES  OF ANY FAMILY SUPPORT CENTER LOCATED WITHIN SUCH DISTRICT THAT
RECEIVES FUNDING UNDER THIS TITLE.
  S 3. Subdivision 8 of section 404 of the social services law, as added
by section 1 of subpart A of part G of chapter 57 of the laws  of  2012,
is amended to read as follows:
  8.  (a)  Notwithstanding any other provision of law to the contrary[,]
EXCEPT AS PROVIDED FOR IN PARAGRAPH (A-1) OF THIS SUBDIVISION,  eligible
expenditures  during  the  applicable  time  periods  made  by  a social
services district for an approved juvenile  justice  services  close  to
home  initiative  shall, if approved by the department of family assist-
ance, be subject to reimbursement with state funds only up to the extent

S. 7565                             3

of an annual  appropriation  made  specifically  therefor,  after  first
deducting  therefrom  any  federal  funds  properly  received  or  to be
received on account thereof; provided, however,  that  when  such  funds
have  been  exhausted,  a  social  services  district  may receive state
reimbursement from other available state appropriations for  that  state
fiscal  year for eligible expenditures for services that otherwise would
be reimbursable under such funding streams. Any claims  submitted  by  a
social services district for reimbursement for a particular state fiscal
year  for  which  the  social  services  district does not receive state
reimbursement from the annual appropriation for the  approved  close  to
home initiative may not be claimed against that district's appropriation
for the initiative for the next or any subsequent state fiscal year.
  (i)  State  funding  for  reimbursement shall be, subject to appropri-
ation,  in  the  following  amounts:  for  state  fiscal  year  2013-14,
$35,200,000  adjusted by any changes in such amount required by subpara-
graphs (ii) and (iii) of this paragraph; for state fiscal year  2014-15,
$41,400,000  adjusted  to  include the amount of any changes made to the
state fiscal year 2013-14 appropriation  under  subparagraphs  (ii)  and
(iii)  of  this  paragraph  plus any additional changes required by such
subparagraphs; and, such reimbursement shall be,  subject  to  appropri-
ation,  for all subsequent state fiscal years in the amount of the prior
year's actual appropriation adjusted by any changes required by subpara-
graphs (ii) and (iii) of this paragraph.
  (ii) The reimbursement amounts set forth in subparagraph (i)  of  this
paragraph  shall  be  increased  or decreased by the percentage that the
average of the most recently approved maximum state aid rates for  group
residential  foster care programs is higher or lower than the average of
the approved maximum state aid rates for group residential  foster  care
programs  in  existence  immediately prior to the most recently approved
rates.
  (iii) The reimbursement amounts set forth in subparagraph (i) of  this
paragraph  shall  be increased if either the population of alleged juve-
nile delinquents who receive a probation intake or the total  population
of  adjudicated  juvenile  delinquents placed on probation combined with
the population of adjudicated juvenile delinquents placed out  of  their
homes  in  a  setting  other  than a secure facility pursuant to section
352.2 of the family court act, increases by at least  ten  percent  over
the respective population in the annual baseline year. The baseline year
shall be the period from July first, two thousand ten through June thir-
tieth,  two  thousand  eleven or the most recent twelve month period for
which there is complete data, whichever is  later.  In  each  successive
year,  the  population of the previous July first through June thirtieth
period shall be compared  to  the  baseline  year  for  determining  any
adjustments to a state fiscal year appropriation. When either population
increases  by ten percent or more, the reimbursement will be adjusted by
a percentage equal to the larger of the percentage  increase  in  either
the  number of probation intakes for alleged juvenile delinquents or the
total population of adjudicated juvenile delinquents placed on probation
combined with the population of adjudicated juvenile delinquents  placed
out of their homes in a setting other than a secure facility pursuant to
section 352.2 of the family court act.
  (iv)  The social services district and/or the New York city department
of probation shall provide an annual report including the data  required
to  calculate  the  population adjustment to the New York city office of
management and budget, the division of criminal justice services and the
state division of the budget no later than the first  day  of  September

S. 7565                             4

following  the  close  of the previous July first through June thirtieth
period.
  (A-1)  STATE  REIMBURSEMENT  SHALL  BE  MADE AVAILABLE FOR ONE HUNDRED
PERCENT OF ELIGIBLE EXPENDITURES MADE BY  A  SOCIAL  SERVICES  DISTRICT,
EXCLUSIVE  OF  ANY  FEDERAL  FUNDS MADE AVAILABLE FOR SUCH PURPOSES, FOR
APPROVED JUVENILE JUSTICE SERVICES  UNDER  AN  APPROVED  CLOSE  TO  HOME
INITIATIVE PROVIDED TO YOUTH AGE SIXTEEN YEARS OF AGE OR OLDER WHEN SUCH
SERVICES WOULD NOT OTHERWISE HAVE BEEN PROVIDED TO SUCH YOUTH.
  (b)  The  department  of  family  assistance  is  authorized,  in  its
discretion, to make advances to a social  services  district  in  antic-
ipation of the state reimbursement provided for in this section.
  (c)  A  social  services  district  shall conduct eligibility determi-
nations for federal and state funding and submit claims  for  reimburse-
ment  in  such form and manner and at such times and for such periods as
the department of family assistance shall determine.
  (d) Notwithstanding any inconsistent provision of law or regulation of
the department of family assistance, state reimbursement  shall  not  be
made for any expenditure made for the duplication of any grant or allow-
ance for any period.
  (e)  Claims  submitted by a social services district for reimbursement
shall be paid after deducting any expenditures defrayed by  fees,  third
party  reimbursement,  and  any non-tax levy funds including any donated
funds.
  (f) The office of children and family services shall not reimburse any
claims for expenditures for residential services that are submitted more
than twenty-two months after the calendar quarter in which the  expendi-
tures were made.
  (g) Notwithstanding any other provision of law, the state shall not be
responsible  for  reimbursing  a social services district and a district
shall not seek state reimbursement for any portion of any  state  disal-
lowance  or  sanction taken against the social services district, or any
federal disallowance attributable to final federal agency  decisions  or
to settlements made, when such disallowance or sanction results from the
failure  of the social services district to comply with federal or state
requirements, including, but not limited to, failure to document  eligi-
bility  for the federal or state funds in the case record. To the extent
that the social services district has sufficient claims other than those
that are subject to disallowance or sanction to draw down the full annu-
al appropriation, such disallowance or sanction shall not  result  in  a
reduction  in payment of state funds to the district unless the district
requests that the department use a portion of the  appropriation  toward
meeting  the  district's  responsibility to repay the federal government
for the disallowance or sanction and any related interest payments.
  (h) Rates for residential services. (i) The office shall establish the
rates, in accordance with section three hundred ninety-eight-a  of  this
[chapter]  TITLE,  for  any  non-secure  facilities established under an
approved juvenile justice services close to  home  initiative.  For  any
such  non-secure  facility  that  will  be  used primarily by the social
services district with an  approved  close  to  home  initiative,  final
authority  for  establishment  of such rates and any adjustments thereto
shall reside with the office, but such rates and any adjustments thereto
shall be established only upon the request of, and in consultation with,
such social services district.
  (ii) A social services district  with  an  approved  juvenile  justice
services  close  to  home  initiative for juvenile delinquents placed in
limited secure settings  shall  have  the  authority  to  establish  and

S. 7565                             5

adjust,  on  an  annual  or regular basis, maintenance rates for limited
secure facilities providing residential services under such  initiative.
Such  rates  shall  not  be  subject  to the provisions of section three
hundred  ninety-eight-a  of this [chapter] TITLE but shall be subject to
maximum cost limits established by the office  of  children  and  family
services.
  S  4.  Paragraph  (a)  of subdivision 1 of section 409-a of the social
services law, as amended by chapter 87 of the laws of 1993, subparagraph
(i) as amended by chapter 342 of the laws of 2010, and subparagraph (ii)
as amended by section 22 of part C of chapter 83 of the laws of 2002, is
amended to read as follows:
  (a) A social services official shall provide preventive services to  a
child  and  his  or  her family, in accordance with the family's service
plan as required by section four hundred nine-e of this [chapter]  ARTI-
CLE  and  the  social  services  district's  child welfare services plan
submitted and approved pursuant to section four hundred nine-d  of  this
[chapter]  ARTICLE,  upon  a finding by such official that (i) the child
will be placed, returned to or continued  in  foster  care  unless  such
services  are  provided  and  that  it  is reasonable to believe that by
providing such services the child will be able  to  remain  with  or  be
returned  to his or her family, and for a former foster care youth under
the age of twenty-one who was previously placed in the care and  custody
or custody and guardianship of the local commissioner of social services
or  other officer, board or department authorized to receive children as
public charges where it is reasonable to believe that by providing  such
services the former foster care youth will avoid a return to foster care
or  (ii)  the  child is the subject of a petition under article seven of
the family court act, [or has been determined by the assessment  service
established  pursuant to section two hundred forty-three-a of the execu-
tive law,] or by the probation service where no such assessment  service
has  been designated, to be at risk of being the subject of such a peti-
tion, and the social services official determines that the child  is  at
risk of placement into foster care. Such finding shall be entered in the
child's  uniform  case  record  established  and  maintained pursuant to
section four hundred nine-f of this [chapter] ARTICLE. The  commissioner
shall  promulgate  regulations  to  assist  social services officials in
making determinations of eligibility for  mandated  preventive  services
pursuant to this [subparagraph] PARAGRAPH.
  S  5.  This act shall take effect immediately; provided, however, that
the amendments to subdivision 8 of section 404 of  the  social  services
law  made  by  section  three of this act shall not affect the repeal of
such subdivision and  shall  be  deemed  repealed  therewith;  provided,
further,  that  the  amendments to subparagraph (ii) of paragraph (a) of
subdivision 1 of section 409-a  of  the  social  services  law  made  by
section four of this act shall not affect the expiration of such subpar-
agraph and shall be deemed to expire therewith.

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Senate Bill S7565

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

May 24, 2016 - Children And Families Committee Vote

Children And Families Committee Vote: May 24, 2016

2015-S7565 (ACTIVE) - Details

2015-S7565 (ACTIVE) - Summary

2015-S7565 (ACTIVE) - Sponsor Memo

2015-S7565 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7565

Share this bill

Sponsored By

Velmanette Montgomery

Archive: Last Bill Status - In Senate Committee Finance Committee

2015-S7565 (ACTIVE) - Details

2015-S7565 (ACTIVE) - Summary

2015-S7565 (ACTIVE) - Sponsor Memo

2015-S7565 (ACTIVE) - Bill Text download pdf

Comments