NY State Senate Bill 2009-S1292

Senate Bill S1292

2009-2010 Legislative Session

Requires parents or other persons legally responsible for persons in need of supervision or juvenile delinquents to attend counseling with such child

download bill text pdf

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to children and families
Jan 28, 2009	referred to children and families

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2009-S1292 (ACTIVE) - Details

Current Committee:: Senate Children And Families
Law Section:: Family Court Act
Laws Affected:: Amd §§302.1 & 713, add §§353.7 & 756-b, Fam Ct Act

2009-S1292 (ACTIVE) - Summary

Requires parents or other persons legally responsible for persons in need of supervision or juvenile delinquents to attend counseling with such child where mandated by the family court; makes such parent or other person legally responsible who fails to attend counseling.

2009-S1292 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1292

 TITLE OF BILL :
An act to amend the family court act, in relation to requiring
attendance of parents and other persons legally responsible at
counseling in certain instances


 PURPOSE :
To assist family court judges in ordering parents or other legal
guardians to attend counseling as a part of a petition for a person in
need of supervision (PINS) or juvenile delinquency (JD) adjudications.

 SUMMARY OF PROVISIONS :
Section 1 amends section 302.1 of the Family Court Act by adding a new
subdivision 3, which gives the court jurisdiction over parents and
other legal guardians for the limited purpose of requiring their
attendance at any counseling for the respondent.

Section 2 amends the Family Court Act by adding a new section (353.7),
which requires a parent or other persons legally responsible to attend
counseling with the child.

Section 3 amends section 713 of the Family Court Act, as amended by
chapter 920 of the laws of 1982, by giving Family Court jurisdiction
over the parent or other persons legally responsible for a person

alleged to be a person in need of supervision (PINS) for the limited
purpose of requiring their attendance at any counseling required.

Section 4 amends the Family Court Act by adding a new section (756-b),
which requires a parent or other persons legally responsible to attend
counseling with the child.

 EXISTING LAW :
Currently, Family Court has no jurisdiction over the parent or persons
legally responsible for a person alleged to be in need of supervision
(PINS) to attend counseling.

 JUSTIFICATION :
Presently, a judge may strongly suggest that the parent or legal
guardian attend some type of counseling to assist them in identifying
and treating behaviors or issues that have arisen in their family.
However, the court has no power to order the parent or legal guardian
into counseling with their child. By authorizing Family Court to
mandate counseling, a family can begin to work on the dysfunctional
dynamics that exist, which can have a positive over-all effect on the
youth, the family, and the community.

 LEGISLATIVE HISTORY :
2007/08: S.3156 - Died in Committee
2006/05: S.1303 - Died in Committee
2004/03: S.3008 - Died in Committee

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
First day of November next succeeding the date on which it shall
become law.

2009-S1292 (ACTIVE) - Bill Text download pdf

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

                                  1292

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 28, 2009
                               ___________

Introduced  by  Sens.  MONTGOMERY, ADAMS, DIAZ, DUANE, HASSELL-THOMPSON,
  KRUEGER, ONORATO, SAMPSON, SCHNEIDERMAN,  SERRANO,  THOMPSON  --  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  requiring  attend-
  ance of parents and other persons legally responsible at counseling in
  certain instances

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

  Section 1. Section 302.1 of the family court act is amended by  adding
a new subdivision 3 to read as follows:
  3.  THE  COURT SHALL HAVE JURISDICTION OVER THE PARENT OR OTHER PERSON
LEGALLY RESPONSIBLE FOR  THE  RESPONDENT  FOR  THE  LIMITED  PURPOSE  OF
REQUIRING  AND  SECURING  THE  ATTENDANCE OF SUCH PARENT OR OTHER PERSON
LEGALLY RESPONSIBLE AT ANY COUNSELING FOR  THE  RESPONDENT  PURSUANT  TO
PART FIVE OF THIS ARTICLE.
  S  2. The family court act is amended by adding a new section 353.7 to
read as follows:
  S 353.7. COUNSELING; PARENT OR OTHER PERSON LEGALLY RESPONSIBLE.   THE
PARENT  OR  OTHER  PERSON LEGALLY RESPONSIBLE FOR A PERSON SUBJECT TO AN
ORDER PURSUANT TO THIS PART SHALL ATTEND ANY AND ALL COUNSELING TO WHICH
SUCH PERSON IS REQUIRED TO ATTEND PURSUANT TO SUCH ORDER.   WHEN  MAKING
SUCH  AN ORDER, THE COURT SHALL CONSIDER AND TAKE ACCOUNT OF SUCH PARENT
OR  OTHER  LEGALLY  RESPONSIBLE  PERSON'S  LEGITIMATE  RESPONSIBILITIES,
INCLUDING  BUT NOT LIMITED TO EMPLOYMENT RESPONSIBILITIES AND ACTIVITIES
RELATING TO OTHER CHILDREN IN HIS OR HER CARE.
  S 3. Section 713 of the family court act, as amended by chapter 920 of
the laws of 1982, is amended to read as follows:
  S 713. Jurisdiction. The family court has exclusive original jurisdic-
tion over any proceeding involving a person alleged to be  a  person  in
need  of supervision. THE FAMILY COURT SHALL ALSO HAVE JURISDICTION OVER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05556-01-9

S. 1292                             2

THE PARENT OR OTHER PERSON LEGALLY RESPONSIBLE FOR A PERSON  ALLEGED  TO
BE  A PERSON IN NEED OF SUPERVISION FOR THE LIMITED PURPOSE OF REQUIRING
AND SECURING THE ATTENDANCE OF  SUCH  PARENT  OR  OTHER  PERSON  LEGALLY
RESPONSIBLE  AT  ANY  COUNSELING  REQUIRED PURSUANT TO PART FIVE OF THIS
ARTICLE.
  S 4. The family court act is amended by adding a new section 756-b  to
read as follows:
  S  756-B.  COUNSELING; PARENT OR OTHER PERSON LEGALLY RESPONSIBLE. THE
PARENT OR OTHER PERSON LEGALLY RESPONSIBLE FOR A PERSON  SUBJECT  TO  AN
ORDER PURSUANT TO THIS PART SHALL ATTEND ANY AND ALL COUNSELING TO WHICH
SUCH  PERSON  IS REQUIRED TO ATTEND PURSUANT TO SUCH ORDER.  WHEN MAKING
SUCH AN ORDER, THE COURT SHALL CONSIDER AND TAKE ACCOUNT OF SUCH  PARENT
OR  OTHER  LEGALLY  RESPONSIBLE  PERSON'S  LEGITIMATE  RESPONSIBILITIES,
INCLUDING BUT NOT LIMITED TO EMPLOYMENT RESPONSIBILITIES AND  ACTIVITIES
RELATING TO OTHER CHILDREN IN HIS OR HER CARE.
  S 5. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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