S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8739
 
                           I N  A S S E M B L Y
 
                             January 11, 2022
                                ___________
 
 Introduced by M. of A. HEVESI -- read once and referred to the Committee
   on Children and Families
 
 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. The opening paragraph of subdivision (b) of section 117  of
 the  family  court  act, as amended by chapter 7 of the laws of 2007, is
 amended to read as follows:
   For every juvenile delinquency proceeding under article three  involv-
 ing  an  allegation of an act committed by a person 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 [or], fifteen, SIXTEEN,  OR
 SEVENTEEN  years  of  age; or such conduct committed as a sexually moti-
 vated 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 [or], fifteen, SIXTEEN, OR 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 committed by a person thirteen,
 fourteen  [or],  fifteen,  SIXTEEN,  OR  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
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08217-04-2
 A. 8739                             2
 
 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,  SIXTEEN,  OR SEVENTEEN 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  [or],  fifteen,  SIXTEEN,  OR  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 act specified in clause (i),
 (ii) or (iii) of this subdivision regardless of the age of  such  person
 at  the  time  of  the commission of the prior act; or (vi) other than a
 misdemeanor, committed by a person at least [seven] TWELVE but less than
 [sixteen] EIGHTEEN years of age, but only where there  [has]  HAVE  been
 two  prior  findings by the court that such person has committed a prior
 act which, if committed by an adult,  would be a felony:
   § 2. Subdivision 1 of section  301.2  of  the  family  court  act,  as
 amended by a chapter of the laws of 2021 amending the family court  act,
 the   social services  law and the executive law relating to raising the
 lower age of juvenile delinquency jurisdiction from  age  seven  to  age
 twelve  and establishing  differential  response  programs for  children
 under the age of twelve, as proposed in  legislative  bills  numbers  S.
 4051-A and A.  4982-A, is amended to read as follows:
   1.  [(i)]  "Juvenile delinquent" means a person [at least twelve] OVER
 SEVEN AND LESS THAN SIXTEEN YEARS  OF  AGE,  OR  COMMENCING  ON  OCTOBER
 FIRST, TWO THOUSAND EIGHTEEN A PERSON OVER SEVEN AND LESS THAN SEVENTEEN
 YEARS  OF  AGE,  AND  COMMENCING  OCTOBER FIRST, TWO THOUSAND NINETEEN A
 PERSON OVER SEVEN 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
 occurrence 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
 criminal 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)
 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.]
 A. 8739                             3
 
   § 3. Subdivision 1 of section 301.2 of the family court act, as  sepa-
 rately  amended  by section two of this act and a chapter of the laws of
 2021 amending the family court   act  and  the  criminal  procedure  law
 relating  to  juvenile  delinquency  charges of violations in the family
 court, as proposed in  legislative  bills  numbers  S. 7171 and A. 7706,
 is amended to read as follows:
   1. "Juvenile delinquent" means:
   (A)(I)  a person [over seven] AT LEAST TWELVE and less than [seventeen
 years of age, and commencing October first,  two  thousand  nineteen,  a
 person  over  seven  and less than] eighteen years of age, [who,] having
 committed an act that would  constitute  a  crime  if  committed  by  an
 adult[,]; or [(with respect to]
   (II)  a person over sixteen and less than seventeen years of age or, a
 person over sixteen and less than eighteen years of age commencing Octo-
 ber first, two thousand nineteen[)], HAVING COMMITTED AN ACT THAT  WOULD
 CONSTITUTE  a violation as defined by subdivision three of section 10.00
 of the penal law if committed by  an  adult,  where  such  violation  is
 alleged  to  have  occurred in the same transaction or occurrence of the
 alleged criminal act[, and where such person: (a)]; OR
   (III) A PERSON OVER THE AGE OF SEVEN AND LESS THAN TWELVE YEARS OF AGE
 HAVING COMMITTED AN ACT THAT  WOULD  CONSTITUTE  ONE  OF  THE  FOLLOWING
 CRIMES,  IF  COMMITTED  BY AN ADULT: (A) 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) AGGRAVATED 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; AND
   (B) WHO IS:
   (I) not criminally responsible for such conduct by  reason  of  infan-
 cy[,]; or
   [(b) is] (II) the defendant in an action ordered removed from a crimi-
 nal  court to the family court pursuant to article seven hundred twenty-
 five of the criminal procedure law.
   § 4. Subdivision 8 of section  301.2  of  the  family  court  act,  as
 amended  by a chapter of the laws of 2021 amending the family court act,
 the social services law and the executive law relating  to  raising  the
 lower  age  of  juvenile  delinquency jurisdiction from age seven to age
 twelve and establishing  differential  response  programs  for  children
 under  the  age  of  twelve, as proposed in legislative bills numbers S.
 4051-A and A. 4982-A, 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, sixteen, or 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)
 A. 8739                             4
 
 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, sixteen, or 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 committed by a person thirteen, fourteen,
 fifteen, sixteen, or 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, SIXTEEN, OR  SEVENTEEN
 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,  sixteen  or  seventeen  years of age but only where
 there has been a prior finding by a court that such person has previous-
 ly 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 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 twelve but less than eighteen years of age,  but  only
 where  there  have been two prior findings by the court that such person
 has committed a prior ACT WHICH, IF COMMITTED BY AN ADULT,  WOULD  BE  A
 felony.
   §  5.  Subdivision  3  of  section  304.1  of the family court act, as
 amended by a chapter of the laws of 2021 amending the family court  act,
 the  social services  law and the executive law relating to raising  the
 lower age of juvenile delinquency jurisdiction from  age  seven  to  age
 twelve   and establishing  differential  response  programs for children
 under the age of twelve, as proposed in  legislative  bills  numbers  S.
 4051-A and A.  4982-A, is amended to read as follows:
   3. The detention of a child under [thirteen] TEN 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].
   §  6. Subdivision 3 of section 304.1 of the family court act, as sepa-
 rately amended by section five of this act and a chapter of the laws  of
 2021  amending the family court  act, the  social  services  law and the
 executive law amending the family court  act and the criminal  procedure
 law relating to juvenile delinquency charges of violations in the family
 court, as proposed in  legislative  bills  numbers  S. 7171 and A. 7706,
 is amended to read as follows:
 A. 8739                             5
 
   3.  The  detention  of  a child under [ten] THIRTEEN years of age in a
 secure detention facility shall not be directed, UNLESS SUCH CHILD IS AT
 LEAST TEN YEARS OLD AND IS CONSIDERED A JUVENILE DELINQUENT PURSUANT  TO
 SUBPARAGRAPH  (III) OF PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 301.2
 OF  THIS  ARTICLE, nor shall the detention of a child adjudicated solely
 for an act that would constitute a violation as defined  in  subdivision
 three  of  section  10.00 of the penal law, be directed under any of the
 provisions of this article.
   § 7. Paragraph (a) of subdivision 1 of section  409-a  of  the  social
 services  law,  as amended by a chapter of the laws of 2021 amending the
 family court act, the social services law and the executive law relating
 to raising the lower age of juvenile delinquency jurisdiction  from  age
 seven  to age twelve and establishing differential response programs for
 children under the age of  twelve,  as  proposed  in  legislative  bills
 numbers S. 4051-A and A. 4982-A, 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
 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  by
 the  probation  service,  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  placement into foster care or (iii) the child is under the
 age of twelve, the child does not fall under the definition of  a  juve-
 nile delinquent pursuant to [paragraph (ii)] SUBPARAGRAPH (III) OF PARA-
 GRAPH  (A)  of  subdivision one of section 301.2 of the family court act
 and but for their age, their behavior would bring them within the juris-
 diction 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 article. The commissioner shall
 promulgate regulations to assist social  services  officials  in  making
 determinations  of eligibility for mandated preventive services pursuant
 to this subparagraph.
   § 8. Subdivision 1 of section 458-m of the  social  services  law,  as
 amended  by a chapter of the laws of 2021 amending the family court act,
 the social services law and the executive law relating  to  raising  the
 lower  age  of  juvenile  delinquency jurisdiction from age seven to age
 twelve and establishing  differential  response  programs  for  children
 under  the  age  of  twelve, as proposed in legislative bills numbers S.
 4051-A and A. 4982-A, 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
 A. 8739                             6
 
 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] REDUCING future inter-
 action with the juvenile justice  [and/or]  OR  child  welfare  [system]
 SYSTEMS  for children under twelve years of age[,] who do not fall under
 the definition of  juvenile  delinquent  pursuant  to  [paragraph  (ii)]
 SUBPARAGRAPH  (III) OF PARAGRAPH (A) 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 arti-
 cle three of the family court act.
   §  9.  Subdivision  1  of section 458-o of the social services law, as
 added by a chapter of the laws of 2021 amending the  family  court  act,
 the  social  services  law and the executive law relating to raising the
 lower age of juvenile delinquency jurisdiction from  age  seven  to  age
 twelve  and  establishing  differential  response  programs for children
 under the age of twelve, as proposed in  legislative  bills  numbers  S.
 4051-A and A. 4982-A, is amended to read as follows:
   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
 delinquent  pursuant to [paragraph (ii)] SUBPARAGRAPH (III) OF PARAGRAPH
 (A) of subdivision one of section 301.2 of  the  family  court  act  and
 whose behavior, but for their age, would bring them within the jurisdic-
 tion  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  restrictive  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)]  SUBPARAGRAPH  (III)
 OF PARAGRAPH (A) 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.
   § 10. Subdivision 4 of section 502 of the executive law, as amended by
 a chapter of the laws of 2021 amending the family court act, the  social
 services  law and the executive law relating to raising the lower age of
 juvenile delinquency jurisdiction from  age  seven  to  age  twelve  and
 establishing  differential  response programs for children under the age
 of twelve, as proposed in legislative bills numbers  S.  4051-A  and  A.
 4982-A, is amended to read as follows:
   4.  For purposes of this article, the term "youth" shall mean a person
 not less than twelve years of age and 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] IS ALLEGED TO BE  OR  ADJUDICATED  a  juvenile
 delinquent,  AS  APPLICABLE,  pursuant  to [paragraph (ii)] SUBPARAGRAPH
 (III) OF PARAGRAPH (A) of subdivision one of section 301.2 of the family
 court act.
   § 11. Paragraph (a) of subdivision 2 of section 507-a of the executive
 law, as amended by a chapter of the laws of  2021  amending  the  family
 court  act,  the  social  services law and the executive law relating to
 A. 8739                             7
 
 raising the lower age of  juvenile  delinquency  jurisdiction  from  age
 seven  to age twelve and establishing differential response programs for
 children under the age of  twelve,  as  proposed  in  legislative  bills
 numbers S. 4051-A and A. 4982-A, is amended to read as follows:
   (a) Consistent with other provisions of law, only those youth who have
 reached  the  age  of 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] HAS BEEN ADJUDICATED a juvenile delin-
 quent pursuant to [paragraph (ii)] SUBPARAGRAPH (III) OF  PARAGRAPH  (A)
 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.
   §  12.  Paragraph (j) of subdivision 1 of section 840 of the executive
 law, as amended by a chapter of the laws of  2021  amending  the  family
 court  act,  the  social  services law and the executive law relating to
 raising the lower age of  juvenile  delinquency  jurisdiction  from  age
 seven  to age twelve and establishing differential response programs for
 children under the age of  twelve,  as  proposed  in  legislative  bills
 numbers S. 4051-A and A. 4982-A, 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
 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)] SUBPARAGRAPH (III) OF  PARAGRAPH
 (A)  of  subdivision  one  of  section 301.2 of the family court act and
 whose behavior, but for their age would bring them within the  jurisdic-
 tion  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.  This  act  shall  take effect on the same date and in the same
 manner as a chapter of the laws of 2021 amending the family  court  act,
 the  social  services  law and the executive law relating to raising the
 lower age of juvenile delinquency jurisdiction from  age  seven  to  age
 twelve  and  establishing  differential  response  programs for children
 under the age of twelve, as proposed in  legislative  bills  numbers  S.
 4051-A  and  A. 4982-A, takes effect; provided, however, that the amend-
 ments to subparagraph (ii) of paragraph (a) of subdivision 1 of  section
 409-a of the social services law made by section seven of this act shall
 not  affect  the  expiration of such subparagraph and shall be deemed to
 expire therewith.