The New York State Senate

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

                                  3237

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 3, 2015
                               ___________

Introduced  by  Sen. MARTINS -- 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 involuntary  treat-
  ment services for minors

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

  Section 1.  Subdivision 3 of section 720 of the family court  act,  as
amended by section 9 of subpart B of part Q of chapter 58 of the laws of
2011, is amended and a new subdivision 6 is added to read as follows:
  3.  Detention  of a person alleged to be or adjudicated as a person in
need of supervision shall, except as provided in [subdivision]  SUBDIVI-
SIONS  four AND SIX of this section, be authorized only in a foster care
program certified by the office of children and family  services,  or  a
certified  or  approved  family boarding home, or a non-secure detention
facility certified by the office and in accordance  with  section  seven
hundred  thirty-nine of this article. The setting of the detention shall
take into account (a) the proximity to the community in which the person
alleged to be or adjudicated as a person in need  of  supervision  lives
with  such  person's parents or to which such person will be discharged,
and (b) the existing educational setting of such person and the proximi-
ty of such setting to the location of the detention setting.
  6. IF THE RESPONDENT IS ALLEGED TO BE OR ADJUDICATED AS  A  PERSON  IN
NEED OF SUPERVISION DUE TO A SUBSTANCE USE DISORDER AS DEFINED BY SUBDI-
VISION  (J)  OF  SECTION SEVEN HUNDRED TWELVE OF THIS ARTICLE, THE COURT
MAY DIRECT SUCH RESPONDENT  TO  ANY  AVAILABLE  SUBSTANCE  USE  DISORDER
SERVICE AS DEFINED BY SUBDIVISION (M) OF SECTION SEVEN HUNDRED TWELVE OF
THIS ARTICLE.
  S 2. Paragraph (c) of subdivision 1 of section 754 of the family court
act,  as  amended  by  section 4 of part V of chapter 383 of the laws of
2001, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06290-02-5

S. 3237                             2

  (c) Continuing the proceeding and placing  the  respondent  in  accord
with  section  seven  hundred fifty-six OF THIS PART; provided, however,
that the court shall not place the respondent  in  accord  with  section
seven  hundred  fifty-six  OF  THIS PART where the respondent is sixteen
years  of  age  or  older, unless the court determines and states in its
order that special circumstances exist to warrant such  placement  WHICH
COULD INCLUDE PLACEMENT IN SUBSTANCE USE DISORDER SERVICES AS DEFINED BY
SUBDIVISION (M) OF SECTION SEVEN HUNDRED TWELVE OF THIS ARTICLE; or
  S  3. Subdivisions (a) and (b) of section 756 of the family court act,
subdivision (a) as amended by chapter 920 of the laws of 1982, paragraph
(i) of subdivision (a) as amended by chapter 309 of the  laws  of  1996,
the opening paragraph of paragraph (ii) of subdivision (a) as amended by
section  11  of part G of chapter 58 of the laws of 2010 and subdivision
(b) as amended by chapter 7 of the laws of 1999, are amended to read  as
follows:
  (a) (i) For purposes of section seven hundred fifty-four OF THIS PART,
the  court  may  place  the child in its own home or in the custody of a
suitable relative or other suitable private person or a commissioner  of
social  services  OR  IN  A  SUBSTANCE  USE DISORDER SERVICES PROGRAM AS
DEFINED BY SUBDIVISION (M) OF SECTION SEVEN HUNDRED TWELVE OF THIS ARTI-
CLE, subject to the orders of the court.
  (ii) Where the child is placed with  the  commissioner  of  the  local
social services district, the court may direct the commissioner to place
the  child  with  an  authorized agency or class of authorized agencies,
including, if  the  court  finds  that  the  respondent  is  a  sexually
exploited  child  as  defined in subdivision one of section four hundred
forty-seven-a of the social services law, an  available  long-term  safe
house.  Unless  the dispositional order provides otherwise, the court so
directing shall include one of the following alternatives  to  apply  in
the event that the commissioner is unable to so place the child:
  (1)  the  commissioner  shall apply to the court for an order to stay,
modify, set aside, or vacate such directive pursuant to  the  provisions
of  section seven hundred sixty-two or seven hundred sixty-three OF THIS
ARTICLE; or
  (2) the commissioner shall return the child to the family court for  a
new dispositional hearing and order.
  (III)  WHERE  THE CHILD IS PLACED IN A SUBSTANCE USE DISORDER SERVICES
PROGRAM, THE COURT MAY ORDER THE CHILD TO UNDERGO TREATMENT FOR A PERIOD
NOT TO EXCEED SIXTY DAYS. IF THE COURT FINDS IT NECESSARY, IT MAY DIRECT
THE COUNTY SHERIFF TO TAKE THE CHILD INTO CUSTODY AND DELIVER HIM OR HER
TO THE SUBSTANCE USE DISORDER SERVICES SPECIFIED IN THE COURT ORDER,  OR
TO  THE  NEAREST APPROPRIATE SUBSTANCE USE DISORDER SERVICES PROGRAM FOR
TREATMENT. THE COURT MAY EXTEND PLACEMENT BEYOND SIXTY DAYS, PURSUANT TO
SECTION SEVEN HUNDRED FIFTY-SIX-B OF THIS PART.
  (b) Placements under this section may be  for  an  initial  period  of
twelve months, EXCEPT WHEN PLACEMENT IS MADE PURSUANT TO PARAGRAPH (III)
OF  SUBDIVISION  (A)  OF THIS SECTION.  The court may extend a placement
pursuant to section seven hundred fifty-six-a OR SECTION  SEVEN  HUNDRED
FIFTY-SIX-B  OF  THIS  PART.  In its discretion, the court may recommend
restitution or require services for  public  good  pursuant  to  section
seven hundred fifty-eight-a OF THIS PART in conjunction with an order of
placement.  For the purposes of calculating the initial period of place-
ment,  such placement shall be deemed to have commenced sixty days after
the date the child was removed from his or her home in  accordance  with
the  provisions of this article. If the respondent has been in detention
pending disposition, the initial period of placement ordered under  this

S. 3237                             3

section  shall  be  credited  with  and diminished by the amount of time
spent by the respondent in detention prior to the  commencement  of  the
placement  unless  the court finds that all or part of such credit would
not serve the best interests of the respondent.
  S  4. The family court act is amended by adding a new section 756-b to
read as follows:
  S 756-B. EXTENSION OF PLACEMENT  RELATED  TO  SUBSTANCE  USE  DISORDER
SERVICES.  (A)  WHENEVER  A  SUBSTANCE  USE  DISORDER  SERVICES PROVIDER
BELIEVES THAT A CHILD WHO IS NEARING THE SCHEDULED DATE OF RELEASE  FROM
DISORDER  SERVICES  CONTINUES  TO  NEED SUCH SERVICES, A PETITION FOR AN
EXTENSION OF PLACEMENT SHALL BE FILED AT LEAST TEN DAYS BEFORE THE EXPI-
RATION OF THE COURT-ORDERED TREATMENT PERIOD. THE COURT SHALL IMMEDIATE-
LY SCHEDULE A HEARING TO BE HELD FIVE DAYS AFTER THE FILING OF THE PETI-
TION. THE COURT SHALL PROVIDE A COPY OF THE PETITION  FOR  EXTENSION  OF
PLACEMENT  AND  THE NOTICE OF THE HEARING TO ALL PARTIES TO THE PROCEED-
ING.
  (B) IF THE COURT FINDS THAT THE PETITION FOR AN EXTENSION OF PLACEMENT
SHOULD BE GRANTED, IT MAY ORDER  THE  CHILD  TO  UNDERGO  SUBSTANCE  USE
DISORDER  SERVICES FOR A PERIOD NOT TO EXCEED AN ADDITIONAL NINETY DAYS.
WHEN THE CONDITIONS JUSTIFYING SUBSTANCE USE DISORDER  SERVICES  ARE  NO
LONGER  NECESSARY,  THE  CHILD MUST BE RELEASED TO THE CUSTODY OF HIS OR
HER PARENT OR OTHER PERSON LEGALLY RESPONSIBLE FOR HIS OR HER CARE.
  (C) SUCCESSIVE EXTENSIONS OF PLACEMENT PURSUANT TO THIS SECTION MAY BE
GRANTED, BUT UNDER NO CIRCUMSTANCES SHALL SUCH  EXTENSION  BE  CONTINUED
BEYOND THE CHILD'S EIGHTEENTH BIRTHDAY WITHOUT HIS OR HER CONSENT.
  S 5. Section 764 of the family court act, as amended by chapter 920 of
the laws of 1982, is amended to read as follows:
  S  764.  Petition  to  terminate  placement.  Any parent or [guardian]
PERSON LEGALLY RESPONSIBLE FOR THE CHILD'S CARE or duly authorized agen-
cy [or next friend of  a  person  placed  under  section  seven  hundred
fifty-six]  may  petition  [to]  the  court for an order terminating the
placement MADE PURSUANT TO SECTION SEVEN HUNDRED FIFTY-SIX OF THIS ARTI-
CLE.  The petition must be verified and must show:
  (a) that an application for release of the respondent was made to  the
duly  authorized  agency OR THE SUBSTANCE USE DISORDER SERVICES PROVIDER
with which the child was placed;
  (b) that the application was denied or was not granted  within  thirty
days from the day application was made; and
  (c) the grounds for the petition.
  S  6.  Section  765  of  the  family  court  act is amended to read as
follows:
  S 765. Service of petition; answer. A copy of a petition under section
seven hundred sixty-four OF THIS PART shall be served promptly upon  the
duly  authorized  agency or the institution having custody of the person
OR THE SUBSTANCE USE DISORDER SERVICES PROVIDER, whose  duty  it  is  to
file an answer to the petition within five days from the day of service.
  S 7. Section 767 of the family court act, as amended by chapter 283 of
the laws of 1977, is amended to read as follows:
  S  767.  Orders  on hearing. (a) If the court determines after hearing
that continued placement serves the purposes of this article,  it  shall
deny the petition. The court may, on its own motion, reduce the duration
of  the  placement, change the agency OR SUBSTANCE USE DISORDER SERVICES
PROVIDER in which the child is placed, or direct the agency OR SUBSTANCE
USE DISORDER SERVICES PROVIDER to make such other arrangements  for  the
person's care and welfare as the facts of the case may require.

S. 3237                             4

  (b)  If  the  court  determines after hearing that continued placement
does not serve the purposes of this article, the court  shall  discharge
the  person  from  the  custody  of the agency OR SUBSTANCE USE DISORDER
SERVICES PROVIDER and may place the person on  probation  or  under  the
supervision of the court, EXCEPT THAT IF SUCH PERSON WAS DISCHARGED FROM
A  SUBSTANCE  USE  DISORDER SERVICES PROGRAM, SUCH PERSON SHALL BE IMME-
DIATELY RETURNED TO THE CUSTODY OF HIS OR HER  PARENT  OR  OTHER  PERSON
LEGALLY RESPONSIBLE FOR HIS OR HER CARE.
  S  8.  This  act shall take effect on the ninetieth day after it shall
have become law.  Effective immediately, any rules or regulations neces-
sary for the implementation of this act on its  effective  date  may  be
promulgated prior to such effective date.