BILL NUMBER: S4143

SPONSOR: SANDERS
 
TITLE OF BILL:

An act to amend the family court act, in relation to service of summons-
es upon parents in juvenile delinquency cases

 
PURPOSE:

To better engage the families of juveniles involved in juvenile delin-
quency proceedings and to assist the Family Court in formulating dispo-
sitions in the best interest of juveniles and communities.

 
SUMMARY OF PROVISIONS:

Section 312.1 of the Family Court Act is amended to provide for the
issuance of summonses to parents of juveniles, including a non-custodial
parent, involved in juvenile delinquency proceedings.  Failure of a
parent to appear will not delay the proceeding.

 
              

EXISTING LAW:

There is no existing requirement that summonses be issued to non-custo-
dial parents of juveniles subject to juvenile delinquency petitions.

 
JUSTIFICATION:

Just as in child abuse, child neglect, and persons in need of super
vision (PINS) proceedings, so too, in juvenile delinquency proceedings a
child's non-custodial parent may be a critical player in achieving an
appropriate disposition. Sometimes a non-custodial parent or his or her
extended family may provide vital placement resources for a child, both
temporarily during the pendency of the action and on a more extended
basis at disposition, or may at the very least provide helpful partic-
ipation that may positively influence the child's behavior. However,
unlike the statutory provisions applicable to child protective and PINS
proceedings, the Family Court Act contains no mandate to even notify
non-custodial parents of, let alone engage them in resolving, their
children's juvenile delinquency proceedings. This measure would fill
that gap.  Supplementing the existing requirement for a summons to be
issued in juvenile delinquency cases upon an accused juvenile's parent
or other legally responsible person, this measure would provide that a
summons would also be issued for the juvenile's non-custodial parent or
parents, if any. The local probation department that generally inter-
views parties at the outset for adjustment purposes, as wel l as the
presentment agency, would be charged with the responsibility of asking
the custodial parent for the necessary contact information for parents
other than those already notified. The presentment agency would be
required to serve the summons, along with a copy of the petition, upon
the non-custodial parent or parents either personally at least 24 hours
prior to the date indicated for appearance or by mail at least five days
before the appearance date. Consistent with Family Court Act section
341.2(3), however, failure of the notified parent to appear in court
would not be grounds to delay the proceedings.

The importance of notifying and involving all of the parents in a juve-
nile delinquency proceeding is underscored by the applicability of the
mandates of the federal Adoption and Safe Families Act (Public Law
10589) to juvenile delinquency cases. Most recently, in reauthorizing
the federal Juvenile Justice and Delinquency Prevention Act as part of
the 21st Century Department of Justice Appropriations Act, Congress
mandated compliance with the ASFA strictures in juvenile delinquency
cases, not only for eligibility for federal Title IV-E foster care
reimbursement, but also as a prerequisite to states' receipt of federal
juvenile justice funding. Significantly, these requirements include not
only the judicial findings, but also the requirements for development
and review of ease plans with the participation of the child's parents
(see 42 USC sections 671, 675, 5633(28)).

Incorporating ASFA mandates into New York's juvenile delinquency stat-
ute, sections 307.4(8) and 320.5(5) of the Family Court Act requires the
Court to determine at the time detention is ordered whether the juve-
nile's retention in the home would be contrary to his or her best inter-
ests and whether reasonable efforts, if appropriate, had been made to
prevent or eliminate the need for the juvenile's removal from home and
to make it possible for the juvenile to return home. As was underscored
by New York's unsuccessful performance in the recent federal Title IV-E
audit, particularly in juvenile delinquency cases, if these findings are
not made on a timely basis at the outset of a child's detention, even
though detention facilities are not Title IV-E eligible, New York State
will not be able to receive any federal funding for the juvenile even if
he or she is ultimately placed in a IV-E eligible program. Similar find-
ings must be made at the dispositional stage as a prerequisite to place-
ment in programs for which federal reimbursement under Title IV-E may be
available, Additionally, periodic permanency hearings must be held,
similar to those in child protective proceedings, at which further
"reasonable efforts" and "contrary to the best interests" findings must
be made (see Family Court Act sections 352.2(2)(b), 355.5).

Clearly, where involvement of non-custodial parents and through them,
their extended family, may make it possible for a juvenile to avoid or
shorten a foster care placement or may further prompt achievement of the
juvenile's permanency goal, New York State's compliance with ASFA would
be enhanced. Equally, if not more important, engagement of a juvenile's
entire family in addressing his or her delinquent conduct furthers the
Family Court's capacity to fulfill its statutory duty under Family Court
Act sections 301.1 and 352.2(2)(a) to formulate dispositions responsive
to both the needs and best interests of the juvenile and the need for
community protection.

 
LEGISLATIVE HISTORY:

2021-22 REFERRED TO SENATE CHILDREN AND FAMILIES

2019-20 REFERRED TO SENATE CHILDREN AND FAMILIES

 
FISCAL IMPLICATIONS:

None

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.