NY State Senate Bill 2009-S7251

Senate Bill S7251

2009-2010 Legislative Session

Requires probation, investigation and diagnostic assessment of certain juvenile delinquents with discernible handicapping conditions prior to dispositional hearings

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 25, 2010	referred to children and families

2009-S7251 (ACTIVE) - Details

See Assembly Version of this Bill:: A2406
Current Committee:: Senate Children And Families
Law Section:: Family Court Act
Laws Affected:: Amd §§351.1 & 353.4, Fam Ct Act
Versions Introduced in Other Legislative Sessions:: 2011-2012: S2764, A822
2013-2014: S3329, A2066
2015-2016: S2046, A1228
2017-2018: S3348, A1034
2019-2020: S2567, A2335
2021-2022: S3378
2023-2024: S1595

2009-S7251 (ACTIVE) - Summary

Provides that prior to a dispositional hearing the judge shall order a probation investigation and a diagnostic assessment of a juvenile delinquent whom the court reasonably finds, on the record, to have a demonstrable need for a remediation of a discernible handicapping condition; allows judges to refer custody through various state agencies for placement into programs under protocol and funding provisions currently in existence.

2009-S7251 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER : S7251

 TITLE OF BILL :
An act to amend the family court act, in relation to probation,
investigation and diagnostic assessment of juvenile delinquents or any
other juvenile delinquent whom the court reasonably finds, on the
record, to have a demonstrable need for a remediation of a discernible
handicapping condition


 PURPOSE OR GENERAL IDEA OF BILL:
To enable the court system to identify youths with learning and
developmental disabilities at an early intercept point and to enhance
the courts' ability to deal with these problems.

 SUMMARY OF SPECIFIC PROVISIONS:
To amend Section 351.1 of the Family Court Act, which pertains to
Juvenile Delinquency (a juvenile delinquent being defined as an
individual between the ages of seven and fifteen who has been found
guilty in Family Court of an act that would constitute a crime if
perpetrated by an adult.)

A.) Adds to the felony requirement before affecting an action by
assessment with the phrase: "or any other juvenile delinquent whom the
court reasonably finds, on the record, to have a demonstrable need for
a remediation of a discernible handicapping condition." In

sub-sections 1 & 2.

B.) Adds to sub-section 2, at the end, "The diagnostic assessment
shall be completed by an interdisciplinary team, consisting of, but
not limited to, a psychologist, a social worker, a special educator, a
physician, and a law guardian and/or legal counsel."

C.) Changes the phrase "order of probation investigation and  MAY
order a diagnostic..."  to "order a probation investigation and
 SHALL  order a diagnostic..." In sub-section 2.

D.) Family Court Act -- section 353.4, sub-section 1 changes the law
to "or the commissioner of mental health or the commissioner of mental
retardation and developmental disabilities consistent with placement
provisions as outlined in chapter seven hundred fifty-seven of the
laws of nineteen hundred eighty-seven, chapter five hundred
sixty-three of the laws of nineteen hundred eighty and article
eighty-one of the education law, and/or any voluntary or
not-for-profit agency licensed under these provisions of law not
inconsistent with the rules and regulations governing the placement of
clients."

E.) Section 353.4, sub-section 4 -- changes the law to: "No order of
disposition placing the respondent in accordance with this section
shall be entered except upon clear and convincing evidence which shall
include the testimony of the interdisciplinary team."

 JUSTIFICATION:
Amendments to Section 351 of the Family Court Act would allow for the
development of an interdisciplinary team that will accept referrals
from family court judges prior to a dispositional hearing. These
amendments will allow judges to refer custody through various state
agencies for placement into programs under protocol and funding
provisions currently in state law.

Under current law, family court judges are not required to have
assessments undertaken for a youth suspected of manifesting
developmental and learning disabilities, mental illness and/or mental
retardation.

Moreover, probation departments currently lack the expertise to
conduct referrals or to interpret information gathered for a family
court judge.

Recent studies have shown that very large numbers of the youths
petitioned into family court (up to 70%) have some type of mental or
developmental handicap. Implementation of early interception programs
in areas where they can be used to assist these individuals would help
stop the steady stream of young people that are slipping through the
cracks in the system.

This bill seeks to emphasize the developing role and the capacity of
the probation system in linking treatment, habilitation,
rehabilitation, and education programs to youth at the dispositional
hearing stage when appropriate. Numerous studies indicate that the
current process of placing these youths is neither cost-effective nor
programmatically effective, since many youths are institutionalized
within the juvenile justice system without the opportunity to receive
employable skills or appropriate services. The interdisciplinary team
would provide the probation system with the essential tools to
reasonably determine the needs of youth for mental health, mental
retardation, and developmental disabilities and other services before
they become caught up in the juvenile justice system.

The cost of the interdisciplinary team would dramatically lessen the
costs to the state for inappropriate placements and in many cases the
need for institutionalization. Funding provisions for such placements
are outlined in Chapter 563 of the laws of 1980.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Undetermined.

 EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

2009-S7251 (ACTIVE) - Bill Text download pdf

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

                                  7251

                            I N  S E N A T E

                             March 25, 2010
                               ___________

Introduced  by  Sen. HASSELL-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 probation, investi-
  gation  and diagnostic assessment of juvenile delinquents or any other
  juvenile delinquent whom the court reasonably finds, on the record, to
  have a demonstrable need for a remediation of a discernible  handicap-
  ping condition

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

  Section 1. Subdivision 1 of section 351.1 of the family court act,  as
amended  by  chapter  398  of  the  laws  of 1983, is amended to read as
follows:
  1. Following a determination that a respondent has committed a  desig-
nated felony act OR ANY OTHER JUVENILE DELINQUENT WHOM THE COURT REASON-
ABLY FINDS, ON THE RECORD, TO HAVE A DEMONSTRABLE NEED FOR A REMEDIATION
OF  A  DISCERNIBLE HANDICAPPING CONDITION and prior to the dispositional
hearing, the judge shall order a probation investigation and a  diagnos-
tic assessment. For the purposes of this article, the probation investi-
gation shall include, but not be limited to, the history of the juvenile
including  previous  conduct, the family situation, any previous psycho-
logical and psychiatric  reports,  school  adjustment,  previous  social
assistance  provided by voluntary or public agencies and the response of
the juvenile to such assistance. For the purposes of this  article,  the
diagnostic  assessment  shall include, but not be limited to, psycholog-
ical tests and psychiatric interviews to determine mental  capacity  and
achievement,  emotional  stability  and  mental  disabilities.  It shall
include a clinical assessment of the situational factors that  may  have
contributed  to  the act or acts. When feasible, expert opinion shall be
rendered as to the risk presented by the juvenile to others or  himself,
with a recommendation as to the need for a restrictive placement.
  S  2. Subdivision 3 of section 351.1 of the family court act, as added
by chapter 920 of the laws of 1982, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05664-01-9

S. 7251                             2

  3. A child shall not be placed in accord with section 353.3 unless the
court has ordered a probation investigation prior to  the  dispositional
hearing; a child shall not be placed in accord with section 353.4 unless
the court has ordered a diagnostic assessment prior to such hearing. THE
DIAGNOSTIC  ASSESSMENT  SHALL  BE COMPLETED BY AN INTERDISCIPLINARY TEAM
CONSISTING OF, BUT NOT LIMITED TO, A PSYCHOLOGIST, A  SOCIAL  WORKER,  A
SPECIAL EDUCATOR, A PHYSICIAN, AND A LAW GUARDIAN AND/OR LEGAL COUNSEL.
  S  3.  Subdivisions  1 and 4 of section 353.4 of the family court act,
subdivision 1 as amended by chapter 465 of the laws of 1992 and subdivi-
sion 4 as added by chapter 920 of the laws of 1982, are amended to  read
as follows:
  1. If at the conclusion of the dispositional hearing and in accordance
with  section  352.2  the  court  finds that the respondent has a mental
illness, mental retardation or developmental disability, as  defined  in
section  1.03  of  the  mental hygiene law, which is likely to result in
serious harm to himself or others, the court may issue an order  placing
such  respondent  with  the  [division for youth] OFFICE OF CHILDREN AND
FAMILY SERVICES or, with the consent of the local commissioner,  with  a
local  commissioner  of  social  services, OR THE COMMISSIONER OF MENTAL
HEALTH OR THE COMMISSIONER OF MENTAL RETARDATION AND DEVELOPMENTAL DISA-
BILITIES CONSISTENT WITH PLACEMENT PROVISIONS  AS  OUTLINED  IN  CHAPTER
SEVEN HUNDRED FIFTY-SEVEN OF THE LAWS OF NINETEEN HUNDRED SEVENTY-SEVEN,
CHAPTER  FIVE HUNDRED SIXTY-THREE OF THE LAWS OF NINETEEN HUNDRED EIGHTY
AND ARTICLE EIGHTY-ONE OF THE EDUCATION LAW,  AND/OR  ANY  VOLUNTARY  OR
NOT-FOR-PROFIT  AGENCY LICENSED UNDER THESE PROVISIONS OF LAW NOT INCON-
SISTENT WITH THE  RULES  AND  REGULATIONS  GOVERNING  THE  PLACEMENT  OF
CLIENTS.   Any such order shall direct the temporary transfer for admis-
sion of the respondent to the custody  of  either  the  commissioner  of
mental  health  or  the  commissioner of mental retardation and develop-
mental disabilities who shall arrange the admission of the respondent to
the appropriate facility of the department of mental hygiene. The direc-
tor of a hospital operated by the office of mental health  may,  subject
to  the provisions of section 9.51 of the mental hygiene law, transfer a
person admitted to the hospital pursuant to this subdivision to a  resi-
dential  treatment  facility  for  children  and  youth, as that term is
defined in section 1.03 of the mental hygiene law, if care and treatment
in such a facility would  more  appropriately  meet  the  needs  of  the
respondent.  Persons  temporarily transferred to such custody under this
provision may be retained for care and treatment for a period of  up  to
one  year  and  whenever  appropriate  shall  be transferred back to the
[division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES pursuant  to
the  provisions  of  section  five  hundred nine of the executive law or
transferred back to the local commissioner of  social  services.  Within
thirty  days  of  such  transfer  back, application shall be made by the
[division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES or the local
commissioner of social services  to  the  placing  court  to  conduct  a
further  dispositional  hearing  at  which  the court may make any order
authorized under section 352.2, except that the period  of  any  further
order  of  disposition  shall  take into account the period of placement
hereunder. Likelihood to result in serious harm shall mean (a)  substan-
tial  risk  of  physical  harm  to  himself  as manifested by threats or
attempts at suicide or serious bodily harm or other conduct  demonstrat-
ing  he  is  dangerous  to himself or (b) a substantial risk of physical
harm to other persons as manifested by homicidal or other violent behav-
ior by which others are placed in  reasonable  fear  of  serious  bodily
harm.

S. 7251                             3

  4.  No  order of disposition placing the respondent in accordance with
this section shall be entered except upon clear and convincing  evidence
which  shall  include  the  testimony  of  [two  examining physicians as
provided in section two hundred fifty-one]  THE  INTERDISCIPLINARY  TEAM
ESTABLISHED IN SUBDIVISION THREE OF SECTION 351.1 OF THIS PART.
  S 4. 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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