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

    S. 7909                                                 A. 10162

                      S E N A T E - A S S E M B L Y

                              June 17, 2014
                               ___________

IN  SENATE  -- Introduced by Sens. FELDER, MARTINS -- (at request of the
  Governor) -- read twice and ordered printed, and when  printed  to  be
  committed to the Committee on Rules

IN  ASSEMBLY -- Introduced by COMMITTEE ON RULES -- (at request of M. of
  A. Lupardo) -- (at request of the Governor) -- read once and  referred
  to the Committee on Codes

AN ACT to amend the family court act, in relation to assessment services
  for youth alleged to be suffering from substance use disorder

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

  Section 1.  Subdivision (i) of section 712 of the family court act, as
added by section 1 of part E of chapter 57  of  the  laws  of  2005,  is
amended,  and  four  new subdivisions (j), (k), (l) and (m) are added to
read as follows:
  (i) "Diversion services". Services provided to children  and  families
pursuant  to  section  seven hundred thirty-five of this article for the
purpose of avoiding the need to file a petition or direct the  detention
of  the child. Diversion services shall include: efforts to adjust cases
pursuant to this article before a petition is filed, or by order of  the
court, after the petition is filed but before fact-finding is commenced;
and preventive services provided in accordance with section four hundred
nine-a  of  the  social services law to avert the placement of the child
into foster care, including crisis intervention  and  respite  services.
DIVERSION  SERVICES MAY ALSO INCLUDE, IN CASES WHERE ANY PERSON IS SEEK-
ING TO FILE A PETITION THAT ALLEGES THAT THE CHILD HAS A  SUBSTANCE  USE
DISORDER  OR  IS  IN  NEED  OF IMMEDIATE DETOXIFICATION OR SUBSTANCE USE
DISORDER SERVICES, AN ASSESSMENT FOR SUBSTANCE USE  DISORDER;  PROVIDED,
HOWEVER,  THAT NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRA-
RY, THE DESIGNATED LEAD AGENCY SHALL NOT BE REQUIRED TO PAY FOR  ALL  OR
ANY PORTION OF THE COSTS OF SUCH ASSESSMENT OR SUBSTANCE USE DISORDER OR
DETOXIFICATION  SERVICES,  EXCEPT  IN CASES WHERE MEDICAL ASSISTANCE FOR
NEEDY PERSONS MAY BE USED TO PAY FOR ALL OR ANY PORTION OF THE COSTS  OF
SUCH ASSESSMENT OR SERVICES.

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

                                                           LBD12109-01-4

S. 7909                             2                           A. 10162

  (J)  "SUBSTANCE  USE  DISORDER".  THE  MISUSE  OF,  DEPENDENCE  ON, OR
ADDICTION TO ALCOHOL AND/OR LEGAL OR ILLEGAL DRUGS  LEADING  TO  EFFECTS
THAT  ARE  DETRIMENTAL TO THE PERSON'S PHYSICAL AND MENTAL HEALTH OR THE
WELFARE OF OTHERS.
  (K)  "ASSESSMENT FOR SUBSTANCE USE DISORDER". ASSESSMENT BY A PROVIDER
THAT HAS BEEN CERTIFIED BY THE OFFICE OF ALCOHOLISM AND SUBSTANCE  ABUSE
SERVICES OF A PERSON LESS THAN EIGHTEEN YEARS OF AGE WHERE IT IS ALLEGED
THAT  THE  YOUTH  IS SUFFERING FROM A SUBSTANCE USE DISORDER WHICH COULD
MAKE A YOUTH A DANGER TO HIMSELF OR HERSELF OR OTHERS.
  (L) "A SUBSTANCE USE DISORDER WHICH COULD MAKE A  YOUTH  A  DANGER  TO
HIMSELF OR HERSELF OR OTHERS". A SUBSTANCE USE DISORDER THAT IS ACCOMPA-
NIED  BY  THE  DEPENDENCE  ON, OR THE REPEATED USE OR ABUSE OF, DRUGS OR
ALCOHOL TO THE POINT OF INTOXICATION SUCH THAT THE PERSON IS IN NEED  OF
IMMEDIATE DETOXIFICATION OR OTHER SUBSTANCE USE DISORDER SERVICES.
  (M) "SUBSTANCE USE DISORDER SERVICES". SUBSTANCE USE DISORDER SERVICES
SHALL  HAVE  THE  SAME  MEANING  AS  PROVIDED FOR IN SECTION 1.03 OF THE
MENTAL HYGIENE LAW.
  S 2. Subdivision (b) of section 735 of the family court act, as  added
by  section 7 of part E of chapter 57 of the laws of 2005, is amended to
read as follows:
  (b) The designated lead agency shall:
  (i) confer with any person seeking to file a petition, the  youth  who
may  be  a potential respondent, his or her family, and other interested
persons, concerning the provision of diversion services before any peti-
tion may be filed; and
  (ii) diligently attempt to prevent the filing of a petition under this
article or, after the petition is filed, to prevent the placement of the
youth into foster care; and
  (iii) assess whether the youth would benefit from residential  respite
services; and
  (iv)  determine  whether  alternatives to detention are appropriate to
avoid remand of the youth to detention; AND
  (V) DETERMINE WHETHER AN ASSESSMENT OF THE  YOUTH  FOR  SUBSTANCE  USE
DISORDER  BY AN OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES CERTI-
FIED PROVIDER IS NECESSARY WHEN A PERSON  SEEKING  TO  FILE  A  PETITION
ALLEGES  IN  SUCH  PETITION THAT THE YOUTH IS SUFFERING FROM A SUBSTANCE
USE DISORDER WHICH COULD MAKE THE YOUTH A DANGER TO HIMSELF  OR  HERSELF
OR  OTHERS.  PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANY OTHER PROVISION
OF LAW TO THE CONTRARY, THE DESIGNATED LEAD AGENCY SHALL NOT BE REQUIRED
TO PAY FOR ALL OR ANY PORTION OF THE COSTS OF SUCH ASSESSMENT OR FOR ANY
SUBSTANCE USE DISORDER OR DETOXIFICATION SERVICES, EXCEPT IN CASES WHERE
MEDICAL ASSISTANCE FOR NEEDY PERSONS MAY BE USED TO PAY FOR ALL  OR  ANY
PORTION  OF  THE  COSTS  OF SUCH ASSESSMENT OR SERVICES.   THE OFFICE OF
ALCOHOLISM AND SUBSTANCE ABUSE SERVICES SHALL MAKE A LIST OF ITS  CERTI-
FIED PROVIDERS AVAILABLE TO THE DESIGNATED LEAD AGENCY.
  S 3. This act shall take effect on the one hundred eightieth day after
it  shall  have  become  a law; and effective immediately, all rules and
regulations necessary for the implementation of this act on  its  effec-
tive date may be promulgated prior to such effective date.