S T A T E   O F   N E W   Y O R K
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                                  10119

                          I N  A S S E M B L Y

                              June 16, 2014
                               ___________

Introduced by COMMITTEE ON RULES -- (at request of M. of A. McDonald) --
  read once and referred to the Committee on Children and Families

AN  ACT to amend the family court act, in relation to involuntary treat-
  ment services for minors

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

  Section 1. Subdivisions (a) and (i) of section 712 of the family court
act,  subdivision (a) as amended by section 7 of part G of chapter 58 of
the laws of 2010 and subdivision (i) as added by section 1 of part E  of
chapter  57  of the laws of 2005, are amended and three new subdivisions
(j), (k) and (l) are added to read as follows:
  (a) "Person in need of supervision". A person less than eighteen years
of age who does not attend school in accordance with the  provisions  of
part one of article sixty-five of the education law or who is incorrigi-
ble,  ungovernable  or  habitually  disobedient  and  beyond  the lawful
control of a parent or other person legally responsible for such child's
care, or other lawful authority,  or  who  violates  the  provisions  of
section 221.05 or 230.00 of the penal law, or HAS A SUBSTANCE USE DISOR-
DER, OR who appears to be a sexually exploited child as defined in para-
graph  (a), (c) or (d) of subdivision one of section four hundred forty-
seven-a of the social services law, but only if the  child  consents  to
the filing of a petition under this article.
  (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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15365-04-4
              

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DISORDER OR IS IN NEED OF IMMEDIATE TREATMENT DUE  TO  A  SUBSTANCE  USE
DISORDER, AN ASSESSMENT FOR SUBSTANCE USE DISORDER.
  (J)  "SUBSTANCE  USE  DISORDER".  THE  MISUSE  OF,  DEPENDENCE  ON, OR
ADDICTION TO LEGAL OR ILLEGAL DRUGS LEADING TO EFFECTS THAT  ARE  DETRI-
MENTAL  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)  "SUBSTANCE  USE  TREATMENT  SERVICES".  SUBSTANCE  USE  TREATMENT
SERVICES SHALL INCLUDE PARTICIPATION IN AN AVAILABLE CHEMICAL DEPENDENCE
PROGRAM OR FACILITY ESTABLISHED IN ACCORDANCE WITH  SECTIONS  19.09  AND
32.05  OF THE MENTAL HYGIENE LAW, AND ANY HOSPITAL AS DEFINED BY ARTICLE
TWENTY-EIGHT OF THE PUBLIC HEALTH LAW, THAT ADMITS PERSONS FOR SUBSTANCE
ABUSE TREATMENT.
  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.  THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES SHALL
MAKE A LIST OF ITS CERTIFIED PROVIDERS AVAILABLE TO THE DESIGNATED  LEAD
AGENCY.
  S  3. Subdivision 3 of section 720 of the family court act, as amended
by section 9 of subpart B of part Q of chapter 58 of the laws  of  2011,
is amended and a new subdivision 6 is added to read as follows:
  3.  Detention  of a person alleged to be or adjudicated as a person in
need of supervision shall, except as provided in [subdivision]  SUBDIVI-
SIONS  four AND SIX of this section, be authorized only in a foster care
program certified by the office of children and family  services,  or  a
certified  or  approved  family boarding home, or a non-secure detention
facility certified by the office and in accordance  with  section  seven
hundred  thirty-nine of this article. The setting of the detention shall
take into account (a) the proximity to the community in which the person
alleged to be or adjudicated as a person in need  of  supervision  lives
with  such  person's parents or to which such person will be discharged,
and (b) the existing educational setting of such person and the proximi-
ty of such setting to the location of the detention setting.

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  6. IF THE RESPONDENT IS ALLEGED TO BE OR ADJUDICATED AS  A  PERSON  IN
NEED OF SUPERVISION DUE TO A SUBSTANCE USE DISORDER AS DEFINED BY SUBDI-
VISION  (J)  OF  SECTION SEVEN HUNDRED TWELVE OF THIS ARTICLE, THE COURT
MAY DIRECT SUCH RESPONDENT TO  ANY  AVAILABLE  SUBSTANCE  USE  TREATMENT
SERVICE AS DEFINED BY SUBDIVISION (L) OF SECTION SEVEN HUNDRED TWELVE OF
THIS ARTICLE.
  S 4. Paragraph (c) of subdivision 1 of section 754 of the family court
act,  as  amended  by  section 4 of part V of chapter 383 of the laws of
2001, is amended to read as follows:
  (c) Continuing the proceeding and placing  the  respondent  in  accord
with  section  seven  hundred fifty-six OF THIS PART; provided, however,
that the court shall not place the respondent  in  accord  with  section
seven  hundred  fifty-six  OF  THIS PART where the respondent is sixteen
years of age or older, unless the court determines  and  states  in  its
order  that  special circumstances exist to warrant such placement WHICH
COULD INCLUDE PLACEMENT IN SUBSTANCE USE TREATMENT SERVICES  AS  DEFINED
BY SUBDIVISION (L) OF SECTION SEVEN HUNDRED TWELVE OF THIS ARTICLE; or
  S  5. Subdivisions (a) and (b) of section 756 of the family court act,
subdivision (a) as amended by chapter 920 of the laws of 1982, paragraph
(i) of subdivision (a) as amended by chapter 309 of the  laws  of  1996,
the opening paragraph of paragraph (ii) of subdivision (a) as amended by
section  11  of part G of chapter 58 of the laws of 2010 and subdivision
(b) as amended by chapter 7 of the laws of 1999, are amended to read  as
follows:
  (a) (i) For purposes of section seven hundred fifty-four OF THIS PART,
the  court  may  place  the child in its own home or in the custody of a
suitable relative or other suitable private person or a commissioner  of
social  services  OR  IN  A  SUBSTANCE USE TREATMENT SERVICES PROGRAM AS
DEFINED BY SUBDIVISION (L) OF SECTION SEVEN HUNDRED TWELVE OF THIS ARTI-
CLE, subject to the orders of the court.
  (ii) Where the child is placed with  the  commissioner  of  the  local
social services district, the court may direct the commissioner to place
the  child  with  an  authorized agency or class of authorized agencies,
including, if  the  court  finds  that  the  respondent  is  a  sexually
exploited  child  as  defined in subdivision one of section four hundred
forty-seven-a of the social services law, an  available  long-term  safe
house.  Unless  the dispositional order provides otherwise, the court so
directing shall include one of the following alternatives  to  apply  in
the event that the commissioner is unable to so place the child:
  (1)  the  commissioner  shall apply to the court for an order to stay,
modify, set aside, or vacate such directive pursuant to  the  provisions
of  section seven hundred sixty-two or seven hundred sixty-three OF THIS
ARTICLE; or
  (2) the commissioner shall return the child to the family court for  a
new dispositional hearing and order.
  (III)  WHERE THE CHILD IS PLACED IN A SUBSTANCE USE TREATMENT SERVICES
PROGRAM, THE COURT MAY ORDER THE CHILD TO UNDERGO TREATMENT FOR A PERIOD
NOT TO EXCEED SIXTY DAYS. IF THE COURT FINDS IT NECESSARY, IT MAY DIRECT
THE COUNTY SHERIFF TO TAKE THE CHILD INTO CUSTODY AND DELIVER HIM OR HER
TO THE SUBSTANCE USE TREATMENT SERVICES SPECIFIED IN THE COURT ORDER, OR
TO THE NEAREST APPROPRIATE SUBSTANCE USE TREATMENT SERVICES PROGRAM  FOR
TREATMENT. THE COURT MAY EXTEND PLACEMENT BEYOND SIXTY DAYS, PURSUANT TO
SECTION SEVEN HUNDRED FIFTY-SIX-B OF THIS PART.
  (b)  Placements  under  this  section  may be for an initial period of
twelve months, EXCEPT WHEN PLACEMENT IS MADE PURSUANT TO PARAGRAPH (III)
OF SUBDIVISION (A) OF THIS SECTION.  The court may  extend  a  placement

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pursuant  to  section seven hundred fifty-six-a OR SECTION SEVEN HUNDRED
FIFTY-SIX-B OF THIS PART. In its discretion,  the  court  may  recommend
restitution  or  require  services  for  public good pursuant to section
seven hundred fifty-eight-a OF THIS PART in conjunction with an order of
placement.  For the purposes of calculating the initial period of place-
ment,  such placement shall be deemed to have commenced sixty days after
the date the child was removed from his or her home in  accordance  with
the  provisions of this article. If the respondent has been in detention
pending disposition, the initial period of placement ordered under  this
section  shall  be  credited  with  and diminished by the amount of time
spent by the respondent in detention prior to the  commencement  of  the
placement  unless  the court finds that all or part of such credit would
not serve the best interests of the respondent.
  S 6. The family court act is amended by adding a new section 756-b  to
read as follows:
  S  756-B.  EXTENSION  OF  PLACEMENT RELATED TO SUBSTANCE USE TREATMENT
SERVICES. (A) WHENEVER  A  SUBSTANCE  USE  TREATMENT  SERVICES  PROVIDER
BELIEVES  THAT A CHILD WHO IS NEARING THE SCHEDULED DATE OF RELEASE FROM
TREATMENT SERVICES CONTINUES TO NEED SUCH SERVICES, A  PETITION  FOR  AN
EXTENSION OF PLACEMENT SHALL BE FILED AT LEAST TEN DAYS BEFORE THE EXPI-
RATION OF THE COURT-ORDERED TREATMENT PERIOD. THE COURT SHALL IMMEDIATE-
LY SCHEDULE A HEARING TO BE HELD FIVE DAYS AFTER THE FILING OF THE PETI-
TION.  THE  COURT  SHALL PROVIDE A COPY OF THE PETITION FOR EXTENSION OF
PLACEMENT AND THE NOTICE OF THE HEARING TO ALL PARTIES TO  THE  PROCEED-
ING.
  (B) IF THE COURT FINDS THAT THE PETITION FOR AN EXTENSION OF PLACEMENT
SHOULD  BE  GRANTED,  IT  MAY  ORDER  THE CHILD TO UNDERGO SUBSTANCE USE
TREATMENT SERVICES FOR A PERIOD NOT TO EXCEED AN ADDITIONAL NINETY DAYS.
WHEN THE CONDITIONS JUSTIFYING SUBSTANCE USE TREATMENT SERVICES  ARE  NO
LONGER  NECESSARY,  THE  CHILD MUST BE RELEASED TO THE CUSTODY OF HIS OR
HER PARENT OR OTHER PERSON LEGALLY RESPONSIBLE FOR HIS OR HER CARE.
  (C) SUCCESSIVE EXTENSIONS OF PLACEMENT PURSUANT TO THIS SECTION MAY BE
GRANTED, BUT UNDER NO CIRCUMSTANCES SHALL SUCH  EXTENSION  BE  CONTINUED
BEYOND THE CHILD'S EIGHTEENTH BIRTHDAY WITHOUT HIS OR HER CONSENT.
  S 7. Section 764 of the family court act, as amended by chapter 920 of
the laws of 1982, is amended to read as follows:
  S  764.  Petition  to  terminate  placement.  Any parent or [guardian]
PERSON LEGALLY RESPONSIBLE FOR THE CHILD'S CARE or duly authorized agen-
cy [or next friend of  a  person  placed  under  section  seven  hundred
fifty-six]  may  petition  [to]  the  court for an order terminating the
placement MADE PURSUANT TO SECTION SEVEN HUNDRED FIFTY-SIX OF THIS ARTI-
CLE.  The petition must be verified and must show:
  (a) that an application for release of the respondent was made to  the
duly  authorized agency OR THE SUBSTANCE USE TREATMENT SERVICES PROVIDER
with which the child was placed;
  (b) that the application was denied or was not granted  within  thirty
days from the day application was made; and
  (c) the grounds for the petition.
  S  8.  Section  765  of  the  family  court  act is amended to read as
follows:
  S 765. Service of petition; answer. A copy of a petition under section
seven hundred sixty-four OF THIS PART shall be served promptly upon  the
duly  authorized  agency or the institution having custody of the person
OR THE SUBSTANCE USE TREATMENT SERVICES PROVIDER, whose duty  it  is  to
file an answer to the petition within five days from the day of service.

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  S 9. Section 767 of the family court act, as amended by chapter 283 of
the laws of 1977, is amended to read as follows:
  S  767.  Orders  on hearing. (a) If the court determines after hearing
that continued placement serves the purposes of this article,  it  shall
deny the petition. The court may, on its own motion, reduce the duration
of  the placement, change the agency OR SUBSTANCE USE TREATMENT SERVICES
PROVIDER in which the child is placed, or direct the agency OR SUBSTANCE
USE TREATMENT SERVICES PROVIDER to make such other arrangements for  the
person's care and welfare as the facts of the case may require.
  (b)  If  the  court  determines after hearing that continued placement
does not serve the purposes of this article, the court  shall  discharge
the  person  from  the  custody of the agency OR SUBSTANCE USE TREATMENT
SERVICES PROVIDER and may place the person on  probation  or  under  the
supervision of the court, EXCEPT THAT IF SUCH PERSON WAS DISCHARGED FROM
A  SUBSTANCE  USE TREATMENT SERVICES PROGRAM, SUCH PERSON SHALL BE IMME-
DIATELY RETURNED TO THE CUSTODY OF HIS OR HER  PARENT  OR  OTHER  PERSON
LEGALLY RESPONSIBLE FOR HIS OR HER CARE.
  S  10.  This act shall take effect on the ninetieth day after it shall
have become law.  Effective immediately, any rules or regulations neces-
sary for the implementation of this act on its  effective  date  may  be
promulgated prior to such effective date.