The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4982--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 10, 2021
                                ___________
 
 Introduced  by  M.  of  A.  HEVESI, EPSTEIN, SIMON, ABINANTI, SEAWRIGHT,
   AUBRY, GOTTFRIED, JACKSON, MITAYNES, FORREST,  QUART,  GONZALEZ-ROJAS,
   MEEKS,  MAMDANI,  PERRY, BURDICK, DICKENS, WALKER, BARRON -- read once
   and referred to the Committee on Children and  Families  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend the family court act, the social services law and the
   executive law, in relation to raising the lower age of juvenile delin-
   quency jurisdiction from age seven to  age  twelve  and  to  establish
   differential response programs for children under the age of twelve
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Subdivision 1 of section 301.2 of the family court act, as
 amended by section 56 of part WWW of chapter 59 of the laws of 2017,  is
 amended to read as follows:
   1.  (I) "Juvenile delinquent" means a person [over seven and less than
 sixteen years of age, or commencing on October first, two thousand eigh-
 teen a person over seven and less  than  seventeen  years  of  age,  and
 commencing  October first, two thousand nineteen a person over seven] AT
 LEAST TWELVE and less than eighteen years of age, who, having  committed
 an  act  that  would  constitute  a  crime,  or  a violation, where such
 violation is alleged to have occurred in the same transaction or  occur-
 rence  of the alleged criminal act, if committed by an adult, (a) is not
 criminally responsible for such conduct by reason of infancy, or (b)  is
 the  defendant in an action ordered removed from a criminal court to the
 family court pursuant to article seven hundred twenty-five of the crimi-
 nal procedure law.
   (II) PROVIDED, HOWEVER, IF A PERSON OVER THE AGE  OF  SEVEN  AND  LESS
 THAN TWELVE YEARS OF AGE  COMMITTED ONE OF THE FOLLOWING ACTS THAT WOULD
 CONSTITUTE  A CRIME IF COMMITTED BY AN ADULT, SUCH PERSON SHALL STILL BE
 CONSIDERED A JUVENILE DELINQUENT  FOR  PURPOSES  OF  THIS  ARTICLE:  (A)
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD08217-02-1

 A. 4982--A                          2
 
 AGGRAVATED CRIMINALLY NEGLIGENT HOMICIDE AS DEFINED IN SECTION 125.11 OF
 THE  PENAL  LAW;  (B)  VEHICULAR  MANSLAUGHTER  IN  THE SECOND DEGREE AS
 DEFINED IN SECTION 125.12 OF THE PENAL LAW; (C)  VEHICULAR  MANSLAUGHTER
 IN  THE  FIRST DEGREE AS DEFINED IN SECTION 125.13 OF THE PENAL LAW; (D)
 AGGRAVATED VEHICULAR HOMICIDE AS DEFINED IN SECTION 125.14 OF THE  PENAL
 LAW;  (E) MANSLAUGHTER IN THE SECOND DEGREE AS DEFINED IN SECTION 125.15
 OF THE PENAL LAW; (F) MANSLAUGHTER IN THE FIRST  DEGREE  AS  DEFINED  IN
 SECTION  125.20  OF  THE  PENAL  LAW; (G) AGGRAVATED MANSLAUGHTER IN THE
 SECOND DEGREE AS DEFINED IN SECTION 125.21 OF THE PENAL LAW; (H)  AGGRA-
 VATED  MANSLAUGHTER  IN THE FIRST DEGREE AS DEFINED IN SECTION 125.22 OF
 THE PENAL LAW; (I) MURDER IN THE SECOND DEGREE  AS  DEFINED  IN  SECTION
 125.25  OF  THE  PENAL  LAW; (J) AGGRAVATED MURDER AS DEFINED IN SECTION
 125.26 OF THE PENAL LAW; AND (K) MURDER IN THE FIRST DEGREE  AS  DEFINED
 IN SECTION 125.27 OF THE PENAL LAW.
   §  2.    Subdivision  8  of  section 301.2 of the family court act, as
 amended by section 57 of part WWW of chapter 59 of the laws of 2017,  is
 amended to read as follows:
   8.  "Designated  felony  act" means an act which, if done by an adult,
 would be a crime: (i) defined in sections 125.27 (murder  in  the  first
 degree); 125.25 (murder in the second degree); 135.25 (kidnapping in the
 first  degree);  or  150.20 (arson in the first degree) of the penal law
 committed by a person thirteen,  fourteen,  fifteen,  [or]  sixteen,  or
 [commencing  October  first,  two thousand nineteen,] seventeen years of
 age; or such conduct committed as a  sexually  motivated  felony,  where
 authorized  pursuant to section 130.91 of the penal law; (ii) defined in
 sections 120.10 (assault in the first degree); 125.20  (manslaughter  in
 the  first  degree); 130.35 (rape in the first degree); 130.50 (criminal
 sexual act in the first degree); 130.70 (aggravated sexual abuse in  the
 first  degree);  135.20 (kidnapping in the second degree) but only where
 the abduction involved the use or  threat  of  use  of  deadly  physical
 force;  150.15  (arson  in  the second degree) or 160.15 (robbery in the
 first degree) of the penal law committed by a person thirteen, fourteen,
 fifteen, [or] sixteen, or[, commencing October first, two thousand nine-
 teen,] seventeen years of age; or such conduct committed as  a  sexually
 motivated  felony,  where  authorized  pursuant to section 130.91 of the
 penal law; (iii) defined in the penal law as an attempt to commit murder
 in the first or second degree or kidnapping in the first degree  commit-
 ted  by a person thirteen, fourteen, fifteen, [or] sixteen, or [commenc-
 ing October first, two thousand nineteen,] seventeen years  of  age;  or
 such  conduct committed as a sexually motivated felony, where authorized
 pursuant to section 130.91 of the penal law;  (iv)  defined  in  section
 140.30 (burglary in the first degree); subdivision one of section 140.25
 (burglary  in  the  second  degree);  subdivision  two of section 160.10
 (robbery in the second degree) of the penal law; or  section  265.03  of
 the  penal  law,  where such machine gun or such firearm is possessed on
 school grounds, as that phrase is defined  in  subdivision  fourteen  of
 section  220.00  of  the  penal  law  committed  by a person fourteen or
 fifteen years of age; or such conduct committed as a sexually  motivated
 felony,  where  authorized  pursuant to section 130.91 of the penal law;
 (v) defined in section 120.05 (assault in the second degree)  or  160.10
 (robbery  in  the  second degree) of the penal law committed by a person
 fourteen, fifteen, [or] sixteen or[, commencing October first, two thou-
 sand nineteen,] seventeen years of age but only where there has  been  a
 prior  finding  by  a court that such person has previously committed an
 act which, if committed by an adult, would be the crime  of  assault  in
 the second degree, robbery in the second degree or any designated felony

 A. 4982--A                          3
 
 act  specified  in  paragraph  (i),  (ii),  or (iii) of this subdivision
 regardless of the age of such person at the time of  the  commission  of
 the  prior  act;  (vi) other than a misdemeanor committed by a person at
 least  [seven but less than seventeen years of age, and commencing Octo-
 ber first, two thousand nineteen, a person at least  seven]  TWELVE  but
 less  than  eighteen  years of age, but only where there [has] HAVE been
 two prior findings by the court that such person has committed  a  prior
 felony.
   §  3.  Subdivision  3  of  section  304.1  of the family court act, as
 amended by section 59 of part WWW of chapter 59 of the laws of 2017,  is
 amended to read as follows:
   3.  The  detention  of  a child under [ten] THIRTEEN years of age in a
 secure detention facility  shall  not  be  directed  under  any  of  the
 provisions  of this article, UNLESS SUCH CHILD IS AT LEAST TEN YEARS OLD
 AND IS CONSIDERED A JUVENILE DELINQUENT PURSUANT TO  PARAGRAPH  (II)  OF
 SUBDIVISION ONE OF SECTION 301.2 OF THIS ARTICLE.
   §  4.  Paragraph  (a)  of subdivision 1 of section 306.1 of the family
 court act, as amended by chapter 645 of the laws of 1996, is amended  to
 read as follows:
   (a)  the child is [eleven] AT LEAST TWELVE years of age [or older] and
 the crime which is the subject of the arrest or which is charged in  the
 petition constitutes a class A or B felony; or
   § 5. Subdivision 12 of section 308.1 of the family court act, as added
 by chapter 920 of the laws of 1982, is amended to read as follows:
   12.  The  probation  service shall certify to the division of criminal
 justice services  and  to  the  appropriate  police  department  or  law
 enforcement  agency  whenever  it  adjusts a case in which the potential
 respondent's fingerprints were taken pursuant to section  306.1  in  any
 manner  other than the filing of a petition for juvenile delinquency for
 an act which, if committed by  an  adult,  would  constitute  a  felony,
 provided,  however,  in  the case of a child [eleven or] twelve years of
 age, such certification shall be made only if the act would constitute a
 class A or B felony.
   § 6.  Paragraph (f) 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:
   (f) make restitution or perform services for the public good  pursuant
 to section 353.6[, provided the respondent is over ten years of age];
   §  7.   The opening paragraph of subdivision 1 of section 353.6 of the
 family court act, as amended by chapter 877 of  the  laws  of  1983,  is
 amended to read as follows:
   At  the  conclusion  of  the dispositional hearing [in cases involving
 respondents over ten years of age] the court may:
   § 8.  Subdivisions 1, 2, 6 and 7 of section 354.1 of the family  court
 act,  subdivision  1  as  added  by  chapter 920 of the laws of 1982 and
 subdivisions 2, 6 and 7 as amended by chapter 645 of the laws  of  1996,
 are amended to read as follows:
   1.  If  a  person  whose  fingerprints, palmprints or photographs were
 taken pursuant to section 306.1 or  was  initially  fingerprinted  as  a
 juvenile  offender  and  the  action is subsequently removed to a family
 court pursuant to article seven  hundred  twenty-five  of  the  criminal
 procedure  law  is adjudicated to be a juvenile delinquent for a felony,
 the family court shall forward or cause to be forwarded to the  division
 of  criminal justice services notification of such adjudication and such
 related information as may  be  required  by  such  division,  provided,
 however,  in  the  case of a person [eleven or] twelve years of age such

 A. 4982--A                          4
 
 notification shall be provided only if the act upon  which  the  adjudi-
 cation is based would constitute a class A or B felony.
   2.  If  a  person  whose  fingerprints, palmprints or photographs were
 taken pursuant to section 306.1 or  was  initially  fingerprinted  as  a
 juvenile offender and the action is subsequently removed to family court
 pursuant  to article seven hundred twenty-five of the criminal procedure
 law has had all petitions disposed of by the family court in any  manner
 other  than an adjudication of juvenile delinquency for a felony, but in
 the case of acts committed when such person was [eleven or] twelve years
 of age which would constitute a class A or B felony only, all such fing-
 erprints, palmprints, photographs, and copies thereof, and all  informa-
 tion  relating  to such allegations obtained by the division of criminal
 justice services pursuant to section 306.1 shall be destroyed forthwith.
 The clerk of the court shall notify the commissioner of the division  of
 criminal  justice  services  and the heads of all police departments and
 law enforcement agencies  having  copies  of  such  records,  who  shall
 destroy such records without unnecessary delay.
   6. If a person fingerprinted pursuant to section 306.1 and subsequent-
 ly  adjudicated  a  juvenile delinquent for a felony, but in the case of
 acts committed when such a person was [eleven or] twelve  years  of  age
 which  would  constitute  a  class  A  or B felony only, is subsequently
 convicted of a crime, all fingerprints and related information  obtained
 by  the  division  of criminal justice services pursuant to such section
 and not destroyed pursuant to subdivisions two, five and seven or subdi-
 vision twelve of section 308.1 shall  become  part  of  such  division's
 permanent adult criminal record for that person, notwithstanding section
 381.2 or 381.3.
   7.  When  a  person fingerprinted pursuant to section 306.1 and subse-
 quently adjudicated a juvenile delinquent for a felony, but in the  case
 of  acts  committed when such person was [eleven or] twelve years of age
 which would constitute a class A or B felony only, reaches  the  age  of
 twenty-one,  or has been discharged from placement under this act for at
 least  three  years,  whichever  occurs  later,  and  has  no   criminal
 convictions  or pending criminal actions which ultimately terminate in a
 criminal conviction,  all  fingerprints,  palmprints,  photographs,  and
 related  information  and  copies  thereof  obtained pursuant to section
 306.1 in the possession of the division of  criminal  justice  services,
 any  police department, law enforcement agency or any other agency shall
 be destroyed forthwith. The division of criminal justice services  shall
 notify the agency or agencies which forwarded fingerprints to such divi-
 sion  pursuant  to  section  306.1  of their obligation to destroy those
 records in their possession. In the case of a  pending  criminal  action
 which does not terminate in a criminal conviction, such records shall be
 destroyed forthwith upon such determination.
   §  9.  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 and  the
 social  services  district's  child  welfare services plan submitted and
 approved pursuant to section four hundred nine-d of this chapter, 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

 A. 4982--A                          5
 
 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 previous-
 ly  placed  in  the  care and custody or custody and guardianship of the
 local commissioner of social services or other officer, board or depart-
 ment 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  executive law,] or by the
 probation service [where no such  assessment  service  has  been  desig-
 nated],  to  be at risk of being the subject of such a petition, and the
 social services official determines that the child is at risk of  place-
 ment into foster care OR (III) THE CHILD IS UNDER THE AGE OF TWELVE, THE
 CHILD DOES NOT FALL UNDER THE DEFINITION OF A JUVENILE DELINQUENT PURSU-
 ANT  TO PARAGRAPH (II) OF SUBDIVISION ONE OF SECTION 301.2 OF THE FAMILY
 COURT ACT AND BUT FOR THEIR AGE, THEIR BEHAVIOR WOULD BRING THEM  WITHIN
 THE  JURISDICTION  OF  THE FAMILY COURT PURSUANT TO ARTICLE THREE OF THE
 FAMILY COURT ACT, 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 preven-
 tive services pursuant to this subparagraph.
   § 10.  Article 6 of the social services law is amended by adding a new
 title 12-A to read as follows:
                                TITLE 12-A
         DIFFERENTIAL RESPONSE PROGRAMS FOR CHILDREN UNDER TWELVE
 SECTION 458-O. DIFFERENTIAL RESPONSE PROGRAMS FOR CHILDREN UNDER TWELVE.
   § 458-O. DIFFERENTIAL RESPONSE PROGRAMS FOR CHILDREN UNDER TWELVE.  1.
 EACH  LOCAL SOCIAL SERVICES DISTRICT, UPON THE APPROVAL OF THE OFFICE OF
 CHILDREN AND FAMILY SERVICES, SHALL ESTABLISH A PROGRAM THAT  IMPLEMENTS
 DIFFERENTIAL  RESPONSES  TO  PROVIDE  SERVICES  TO CHILDREN UNDER TWELVE
 YEARS OF AGE, WHO DO NOT FALL UNDER THE DEFINITION  OF  JUVENILE  DELIN-
 QUENT  PURSUANT TO PARAGRAPH (II) OF SUBDIVISION ONE OF SECTION 301.2 OF
 THE FAMILY COURT ACT AND WHOSE BEHAVIOR, BUT FOR THEIR AGE, WOULD  BRING
 THEM  WITHIN  THE  JURISDICTION  OF THE FAMILY COURT PURSUANT TO ARTICLE
 THREE OF THE FAMILY COURT ACT. SUCH PROGRAMS SHALL ESTABLISH AND UTILIZE
 APPROPRIATE ASSESSMENTS AND SERVICES FOR YOUTH, IN ORDER TO HELP  REDUCE
 FUTURE  INTERACTION  WITH  THE  JUVENILE  JUSTICE  AND/OR  CHILD WELFARE
 SYSTEMS. SUCH ASSESSMENTS SHALL BE  USED  TO  DETERMINE  WHAT,  IF  ANY,
 SERVICES  ARE NEEDED, AND SUCH SERVICES SHALL UTILIZE THE LEAST RESTRIC-
 TIVE  INTERVENTION  PROTOCOLS  AVAILABLE.  NOTWITHSTANDING   ANY   OTHER
 PROVISION  OF  LAW TO THE CONTRARY, THE PROVISIONS OF THIS SECTION SHALL
 APPLY ONLY TO THOSE CASES INVOLVING CHILDREN UNDER TWELVE YEARS OF  AGE,
 WHO  DO NOT FALL UNDER THE DEFINITION OF JUVENILE DELINQUENT PURSUANT TO
 PARAGRAPH (II) OF SUBDIVISION ONE OF SECTION 301.2 OF THE  FAMILY  COURT
 ACT  AND  WHOSE BEHAVIOR, BUT FOR THEIR AGE, WOULD BRING THEM WITHIN THE
 JURISDICTION OF THE FAMILY COURT PURSUANT TO ARTICLE THREE OF THE FAMILY
 COURT ACT.
   2. TO ESTABLISH A DIFFERENTIAL RESPONSE  PROGRAM,  EACH  LOCAL  SOCIAL
 SERVICES DISTRICT, AS PART OF THEIR DISTRICT-WIDE CHILD WELFARE SERVICES
 PLAN,  AS  DEFINED IN SECTION FOUR HUNDRED NINE-D OF THIS ARTICLE, SHALL
 INCLUDE A PLAN TO SERVE THE YOUTH DESCRIBED IN SUBDIVISION ONE  OF  THIS

 A. 4982--A                          6
 
 SECTION WHILE UTILIZING CERTAIN CRITERIA TO BE PROMULGATED IN REGULATION
 BY  THE OFFICE OF CHILDREN AND FAMILY SERVICES INCLUDING BUT NOT LIMITED
 TO THE FOLLOWING:
   (A)  THE  TYPES OF ASSESSMENT TO DETERMINE WHETHER SERVICES ARE NECES-
 SARY, SERVICES AND INTERVENTIONS TO BE PROVIDED TO CHILDREN AND FAMILIES
 INCLUDED IN THE DIFFERENTIAL RESPONSE PROGRAM FOR SUCH  CHILDREN  AND  A
 DESCRIPTION  OF  HOW  THE  SERVICES WILL BE OFFERED. SUCH SERVICES SHALL
 INCLUDE, BUT NOT BE LIMITED TO, THOSE SERVICES SET FORTH IN SECTION FOUR
 HUNDRED NINE-A OF THIS ARTICLE AND SECTION FOUR HUNDRED FIFTY-EIGHT-M OF
 THIS ARTICLE;
   (B) A DESCRIPTION OF THE PROCESS TO BE FOLLOWED FOR PLANNING AND MONI-
 TORING THE SERVICES PROVIDED UNDER THE DIFFERENTIAL RESPONSES;
   (C)   A DESCRIPTION OF HOW  THE  DIFFERENTIAL  RESPONSE  PROGRAM  WILL
 ENHANCE  THE  ABILITY OF THE DISTRICT TO REDUCE FUTURE INTERACTIONS WITH
 THE JUVENILE JUSTICE AND CHILD WELFARE SYSTEMS, ENSURE  THE  SAFETY  AND
 WELL-BEING  OF  SUCH CHILDREN, AND WAYS TO ENSURE SUCH PROGRAM ADDRESSES
 ADVERSE IMPACTS ON MINORITY COMMUNITIES;
   (D) A DESCRIPTION OF THE TRAINING THAT WILL BE  PROVIDED  TO  DISTRICT
 AND  ANY  NON-DISTRICT  STAFF  TO  BE  USED IN THE DIFFERENTIAL RESPONSE
 PROGRAM INCLUDING, BUT NOT LIMITED TO, A DESCRIPTION OF THE TRAINING SET
 FORTH IN SECTION EIGHT HUNDRED FORTY OF THE  EXECUTIVE  LAW  FOR  POLICE
 OFFICERS WHOSE MAIN RESPONSIBILITIES ARE JUVENILES AND THE LAWS PERTAIN-
 ING THERETO; AND
   (E)  A  DESCRIPTION  OF ANY ADDITIONAL FUNDING THAT MAY BE UTILIZED TO
 ENHANCE THE DIFFERENTIAL RESPONSE PROGRAM.
   3. (A) ALL RECORDS  CREATED  AS  PART  OF  THE  DIFFERENTIAL  RESPONSE
 PROGRAM  FOR CHILDREN DESCRIBED IN SUBDIVISION ONE OF THIS SECTION SHALL
 INCLUDE, BUT NOT BE LIMITED TO, THE INITIAL AND ANY  SUBSEQUENT  REASONS
 WHY A DIFFERENTIAL RESPONSE IS RECOMMENDED FOR A CHILD, DOCUMENTATION OF
 ALL  SERVICES  OFFERED  AND ACCEPTED BY SUCH CHILD AND THEIR FAMILY, THE
 PLAN FOR SUPPORTIVE SERVICES FOR THE CHILD AND  THEIR  FAMILY,  AND  ALL
 EVALUATIONS AND ASSESSMENTS OF THE CHILD'S PROGRESS.
   (B)    RECORDS CREATED UNDER THE DIFFERENTIAL RESPONSE PROGRAM FOR THE
 CHILDREN DESCRIBED IN SUBDIVISION ONE OF THIS  SECTION  SHALL  BE  MAIN-
 TAINED  FOR  FIVE  YEARS  AFTER  A  CHILD  IS REFERRED TO A LOCAL SOCIAL
 SERVICES DISTRICT FOR INTERVENTION AS DESCRIBED IN THIS SECTION OR UNTIL
 THE CHILD REACHES THE AGE OF TWELVE, WHICHEVER IS SOONER.
   (C)  ALL REPORTS ASSIGNED TO, AND RECORDS CREATED UNDER, THE DIFFEREN-
 TIAL RESPONSE PROGRAM, INCLUDING BUT NOT  LIMITED  TO  REPORTS  MADE  OR
 WRITTEN  AS  WELL AS ANY OTHER INFORMATION OBTAINED OR PHOTOGRAPHS TAKEN
 CONCERNING SUCH REPORTS OR RECORDS SHALL BE CONFIDENTIAL,  SHALL BE MADE
 AVAILABLE ONLY TO AN ENTITY LISTED BELOW WHICH HAS BEEN INVOLVED IN  THE
 PARTICULAR  YOUTH'S  SERVICE  DELIVERY,  AND  SHALL  NOT BE REDISCLOSED,
 EXCEPT AS AUTHORIZED PURSUANT TO SUBPARAGRAPH (VI)  OF  THIS  PARAGRAPH,
 UTILIZING  NON-IDENTIFYING  AGGREGATED  INFORMATION. SUCH ENTITIES SHALL
 INCLUDE:
   (I) STAFF OF THE OFFICE OF CHILDREN AND FAMILY  SERVICES  AND  PERSONS
 DESIGNATED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES;
   (II)    THE  SOCIAL SERVICES DISTRICT RESPONSIBLE FOR THE DIFFERENTIAL
 RESPONSE PROGRAM FOR CHILDREN  DESCRIBED  IN  SUBDIVISION  ONE  OF  THIS
 SECTION;
   (III)  A  COMMUNITY-BASED   AGENCY THAT HAS A CONTRACT WITH THE SOCIAL
 SERVICES DISTRICT TO CARRY OUT ACTIVITIES FOR  THE  DISTRICT  UNDER  THE
 DIFFERENTIAL RESPONSE PROGRAM;
   (IV)  A PROVIDER OF SERVICES UNDER THE DIFFERENTIAL RESPONSE PROGRAM;

 A. 4982--A                          7
 
   (V)  THE CHILD, OR TO THEIR PARENT OR LEGAL GUARDIAN, AND THE ATTORNEY
 FOR THE CHILD; AND
   (VI)  THE  OFFICE  OF CHILDREN AND FAMILY SERVICES AND SOCIAL SERVICES
 DISTRICTS FOR THE SOLE PURPOSE OF PREPARING THE REPORT REQUIRED PURSUANT
 TO SUBDIVISION FIVE OF THIS SECTION.
   4. EXPENDITURES BY A SOCIAL SERVICES DISTRICT PURSUANT TO THIS SECTION
 SHALL BE REIMBURSABLE  FROM  THE  ANNUAL  APPROPRIATIONS  AVAILABLE  FOR
 SOCIAL  SERVICES  DISTRICT EXPENDITURES FOR CHILD WELFARE SERVICES WHICH
 SHALL INCLUDE, BUT NOT  BE  LIMITED  TO,  PREVENTIVE  SERVICES  PROVIDED
 PURSUANT  TO  SECTION  FOUR  HUNDRED NINE-A OF THIS ARTICLE, FUNDING FOR
 FAMILY SUPPORT SERVICES PROGRAMS AS SET FORTH IN  SECTION  FOUR  HUNDRED
 FIFTY-EIGHT-N OF THIS ARTICLE AND SUPERVISION AND TREATMENT SERVICES FOR
 JUVENILES  PROGRAM AS SET FORTH IN SECTION FIVE HUNDRED TWENTY-NINE-B OF
 THE EXECUTIVE LAW. NOTHING SHALL PRECLUDE  A  SOCIAL  SERVICES  DISTRICT
 FROM  SEEKING  PRIVATE  FUNDS FOR SUPPORT OF THEIR DIFFERENTIAL RESPONSE
 PROGRAMS.
   5. THE OFFICE OF CHILDREN AND FAMILY  SERVICES  SHALL  REPORT  ON  THE
 DIFFERENTIAL  RESPONSE  PROGRAMS  ESTABLISHED  PURSUANT TO THIS SECTION,
 INCLUDING THE LOCAL SOCIAL SERVICES DISTRICT'S EFFORTS TO REDUCE  FUTURE
 INTERACTIONS  WITH  THE  JUVENILE JUSTICE AND CHILD WELFARE SYSTEMS, HOW
 THE LOCAL SOCIAL SERVICES DISTRICTS ARE ENSURING THE SAFETY AND WELL-BE-
 ING OF SUCH CHILDREN, AND HOW THE PROGRAM IS ADDRESSING ADVERSE  IMPACTS
 ON  MINORITY COMMUNITIES, ON AN ANNUAL BASIS BEGINNING ONE YEAR FROM THE
 START OF EVERY LOCAL SOCIAL SERVICES  DISTRICT'S  DIFFERENTIAL  RESPONSE
 PROGRAM.
   §  11.  Subdivision  1 of section 458-m of the social services law, as
 added by section 18-b of part K of chapter 56 of the laws  of  2019,  is
 amended to read as follows:
   1.  As used in this title, the term "family support services programs"
 shall mean a program established  pursuant  to  this  title  to  provide
 community-based  supportive  services  to children and families with the
 goal of (I) preventing a child from being adjudicated a person  in  need
 of supervision and help prevent the out of home placements of such youth
 or  (II)  preventing  a petition from being filed under article seven of
 the family court act, OR (III) TO HELP REDUCE  FUTURE  INTERACTION  WITH
 THE  JUVENILE  JUSTICE  AND/OR  CHILD  WELFARE SYSTEM FOR CHILDREN UNDER
 TWELVE YEARS OF AGE, WHO DO NOT FALL UNDER THE  DEFINITION  OF  JUVENILE
 DELINQUENT  PURSUANT  TO  PARAGRAPH  (II)  OF SUBDIVISION ONE OF SECTION
 301.2 OF THE FAMILY COURT ACT AND WHOSE  BEHAVIOR,  BUT  FOR  THEIR  AGE
 WOULD BRING THEM WITHIN THE JURISDICTION OF THE FAMILY COURT PURSUANT TO
 ARTICLE THREE OF THE FAMILY COURT ACT.
   §  12.  Paragraph (j) of subdivision 1 of section 840 of the executive
 law, as amended by chapter 617 of the laws of 1990, is amended  to  read
 as follows:
   (j) (1) Development, maintenance and dissemination of written policies
 and  procedures  pursuant  to  title  six  of  article six of the social
 services law and applicable provisions of  article  ten  of  the  family
 court  act, regarding the mandatory reporting of child abuse or neglect,
 reporting procedures and obligations  of  persons  required  to  report,
 provisions for taking a child into protective custody, mandatory report-
 ing  of deaths, immunity from liability, penalties for failure to report
 and obligations for the provision of services and  procedures  necessary
 to  safeguard  the  life  or  health of the child; (2) establishment and
 implementation on an ongoing  basis,  of  a  training  program  for  all
 current  and  new  police officers regarding the policies and procedures
 established pursuant to this  paragraph;  and  (3)  establishment  of  a

 A. 4982--A                          8
 
 training  program  for  police  officers whose main responsibilities are
 juveniles and the laws  pertaining  thereto,  INCLUDING  CHILDREN  UNDER
 TWELVE  YEARS  OF  AGE  WHO DO NOT FALL UNDER THE DEFINITION OF JUVENILE
 DELINQUENT  PURSUANT  TO  PARAGRAPH  (II)  OF SUBDIVISION ONE OF SECTION
 301.2 OF THE FAMILY COURT ACT AND WHOSE  BEHAVIOR,  BUT  FOR  THEIR  AGE
 WOULD BRING THEM WITHIN THE JURISDICTION OF THE FAMILY COURT PURSUANT TO
 ARTICLE  THREE  OF THE FAMILY COURT ACT, which training program shall be
 successfully completed before such officers are accredited  pursuant  to
 section eight hundred forty-six-h of this chapter.
   § 13. Subdivision 4 of section 502 of the executive law, as amended by
 section  79 of part WWW of chapter 59 of the laws of 2017, is amended to
 read as follows:
   4. For purposes of this article, the term "youth" shall mean a  person
 not  less  than [seven] TWELVE years of age and not more than [twenty or
 commencing October first, two thousand nineteen, not more than]  twenty-
 two  years  of  age, UNLESS SUCH YOUTH IS OVER THE AGE OF SEVEN AND LESS
 THAN TWELVE YEARS AND IS CONSIDERED A JUVENILE  DELINQUENT  PURSUANT  TO
 PARAGRAPH  (II)  OF SUBDIVISION ONE OF SECTION 301.2 OF THE FAMILY COURT
 ACT.
   § 14. Paragraph (a) of subdivision 2 of section 507-a of the executive
 law, as amended by section 80 of part WWW of chapter 59 of the  laws  of
 2017, is amended to read as follows:
   (a) Consistent with other provisions of law, only those youth who have
 reached  the  age  of [seven] TWELVE but who have not reached the age of
 twenty-one, UNLESS SUCH YOUTH IS OVER THE AGE OF  SEVEN  AND  LESS  THAN
 TWELVE  YEARS OF AGE AND IS CONSIDERED A JUVENILE DELINQUENT PURSUANT TO
 PARAGRAPH (II) OF SUBDIVISION ONE OF SECTION 301.2 OF THE  FAMILY  COURT
 ACT,  may  be placed in the custody of the office of children and family
 services. Except as provided for in paragraph (a-1) of this subdivision,
 no youth who has reached the age of twenty-one may remain in custody  of
 the office of children and family services.
   § 15. This act shall take effect one year after it shall have become a
 law;  provided,  however,  that  the  amendments to subparagraph (ii) of
 paragraph (a) of subdivision 1 of section 409-a of the  social  services
 law  made by section nine of this act shall not affect the expiration of
 such subparagraph and shall be deemed to expire therewith.