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.
