Senate Bill S3283

2021-2022 Legislative Session

Provides for the issuance of summonses to parents of any juvenile who is the subject of a juvenile delinquency petition

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Children And Families 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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2021-S3283 (ACTIVE) - Details

Current Committee:
Senate Children And Families
Law Section:
Family Court Act
Laws Affected:
Amd §312.1, Fam Ct Act
Versions Introduced in Other Legislative Sessions:
2015-2016: S6440
2017-2018: S4638
2019-2020: S2236
2023-2024: S4143

2021-S3283 (ACTIVE) - Summary

Provides for the issuance of summonses to each parent, including a non-custodial parent, of any juvenile who is the subject of a juvenile delinquency petition.

2021-S3283 (ACTIVE) - Sponsor Memo

2021-S3283 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3283
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2021
                                ___________
 
 Introduced  by  Sen. SANDERS -- 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 service of summons-
   es upon parents in juvenile delinquency cases
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 312.1 of the family court act is amended by adding
 a new subdivision 4 to read as follows:
   4. UPON THE FILING OF A PETITION UNDER THIS ARTICLE, THE  COURT  SHALL
 ISSUE A SUMMONS TO EACH PARENT OF THE RESPONDENT, INCLUDING A NON-CUSTO-
 DIAL  PARENT,  APART FROM THE PARENT OR PERSON LEGALLY RESPONSIBLE NAMED
 IN SUBDIVISION ONE OF THIS SECTION, PROVIDED THAT THE  ADDRESS  OF  SUCH
 NOTICED  PARENT HAS BEEN PROVIDED BY THE OFFICE OF PROBATION AND CORREC-
 TIONAL ALTERNATIVES OR PRESENTMENT AGENCY. THE OFFICE OF  PROBATION  AND
 CORRECTIONAL ALTERNATIVES AND PRESENTMENT AGENCY SHALL ASK THE CUSTODIAL
 PARENT OR PERSON LEGALLY RESPONSIBLE FOR INFORMATION REGARDING ANY OTHER
 PARENT OR PARENTS OF THE RESPONDENT. THE SUMMONS SHALL PROVIDE NOTICE TO
 THE  PARENT  OR  PARENTS  OF  THE RIGHT TO APPEAR AND PARTICIPATE IN THE
 PROCEEDING AND TO SEEK TEMPORARY RELEASE OR,  UPON  DISPOSITION,  DIRECT
 PLACEMENT,  OF  THE  RESPONDENT. THE PRESENTMENT AGENCY SHALL PERSONALLY
 SERVE THE SUMMONS AND PETITION AT LEAST  TWENTY-FOUR  HOURS  BEFORE  THE
 TIME  STATED  IN  SUCH SUMMONS AND PETITION FOR APPEARANCE, OR MAY SERVE
 THE SUMMONS AND PETITION BY MAIL AT LEAST FIVE DAYS  BEFORE  SUCH  DATE.
 THE  FAILURE  OF  SUCH  NOTICED  PARENT TO APPEAR SHALL NOT BE CAUSE FOR
 DELAY OF THE RESPONDENT'S INITIAL  APPEARANCE,  AS  DEFINED  BY  SECTION
 320.1 OF THIS ARTICLE.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law, and shall apply to any juvenile who is the subject of
 a juvenile delinquency petition filed on or after such effective date.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04595-01-1

              

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