S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7557
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 2, 2017
                                ___________
 
 Introduced  by  M.  of A. DAVILA, JAFFEE -- (at request of the Office of
   Court Administration) -- read once and referred to  the  Committee  on
   Children and Families
 
 AN ACT to amend the family court act, in relation to truancy allegations
   in  persons in need of supervision and child protective proceedings in
   family court

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (iii) of subdivision (d) and paragraph (ii) of
 subdivision (g) of section 735 of the family court act, paragraph  (iii)
 of  subdivision  (d)  and  paragraph (ii) of subdivision (g) as added by
 section 7 of part E of chapter 57 of the laws of 2005,  are  amended  to
 read as follows:
   (iii) where the entity seeking to file a petition is a school district
 or local educational agency OR WHERE THE PARENT OR OTHER POTENTIAL PETI-
 TIONER  INDICATES THAT THE PROPOSED PETITION WILL INCLUDE TRUANCY AND/OR
 CONDUCT IN SCHOOL AS AN ALLEGATION, the  designated  lead  agency  shall
 review the steps taken by the school district or local educational agen-
 cy  to  improve  the  youth's  attendance  and/or  conduct in school and
 attempt to engage the school district or  local  educational  agency  in
 further diversion attempts, if it appears from review that such attempts
 will  be  beneficial  to the youth.   WHERE THE SCHOOL DISTRICT OR LOCAL
 EDUCATIONAL AGENCY IS NOT THE POTENTIAL PETITIONER, THE DESIGNATED  LEAD
 AGENCY  SHALL  CONTACT SUCH DISTRICT OR AGENCY TO RESOLVE THE TRUANCY OR
 SCHOOL BEHAVIORAL PROBLEMS OF THE YOUTH IN ORDER TO OBVIATE THE NEED  TO
 FILE A PETITION OR, AT MINIMUM, TO REMEDIATE THE EDUCATION-RELATED ALLE-
 GATIONS OF THE PROPOSED PETITION.
   (ii) The clerk of the court shall accept a petition for filing only if
 it has attached thereto the following:
   (A)  if the potential petitioner is the parent or other person legally
 responsible for the youth, a notice  from  the  designated  lead  agency
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10674-01-7

 A. 7557                             2
 
 indicating  there  is no bar to the filing of the petition as the poten-
 tial petitioner consented to  and  actively  participated  in  diversion
 services; and
   (B)  a  notice  from  the  designated  lead agency stating that it has
 terminated diversion services because it has determined that there is no
 substantial likelihood that the youth and his or her family will benefit
 from further attempts, and that  the  case  has  not  been  successfully
 diverted; AND
   (C) WHERE THE PROPOSED PETITION CONTAINS ALLEGATIONS OF TRUANCY AND/OR
 SCHOOL  MISBEHAVIOR,  WHETHER OR NOT THE SCHOOL DISTRICT OR LOCAL EDUCA-
 TIONAL AGENCY IS THE PROPOSED PETITIONER, A NOTICE FROM  THE  DESIGNATED
 LEAD  AGENCY  REGARDING THE DIVERSION EFFORTS UNDERTAKEN AND/OR SERVICES
 PROVIDED BY THE DESIGNATED LEAD AGENCY AND/OR BY THE SCHOOL DISTRICT  OR
 LOCAL  EDUCATIONAL  AGENCY  TO  THE YOUTH AND THE GROUNDS FOR CONCLUDING
 THAT THE EDUCATION-RELATED ALLEGATIONS COULD NOT BE RESOLVED ABSENT  THE
 FILING OF A PETITION UNDER THIS ARTICLE.
   §  2.  Section  736 of the family court act is amended by adding a new
 subdivision 4 to read as follows:
   (4) WHERE THE PETITION CONTAINS ALLEGATIONS OF TRUANCY  AND/OR  SCHOOL
 MISBEHAVIOR AND WHERE THE SCHOOL DISTRICT OR LOCAL EDUCATIONAL AGENCY IS
 NOT  THE PETITIONER AND WHERE, AT ANY STAGE OF THE PROCEEDING, THE COURT
 DETERMINES THAT ASSISTANCE BY THE SCHOOL DISTRICT OR  LOCAL  EDUCATIONAL
 AGENCY MAY AID IN THE RESOLUTION OF THE EDUCATION-RELATED ALLEGATIONS IN
 THE  PETITION,  THE  SCHOOL  DISTRICT OR LOCAL EDUCATIONAL AGENCY MAY BE
 NOTIFIED BY THE COURT AND GIVEN AN OPPORTUNITY TO BE HEARD.
   § 3. Subdivision (b) of section  742  of  the  family  court  act,  as
 amended  by  section  9  of part E of chapter 57 of the laws of 2005, is
 amended to read as follows:
   (b) At the initial appearance  of  the  respondent,  the  court  shall
 review  any  termination of diversion services pursuant to such section,
 and the  documentation  of  diligent  attempts  to  provide  appropriate
 services  and  determine  whether  such efforts or services provided are
 sufficient [and]. THE COURT may, AT ANY TIME, subject to the  provisions
 of  section  seven hundred forty-eight of this article, order that addi-
 tional diversion attempts be undertaken by the designated  lead  agency.
 The  court  may  order  the youth and the parent or other person legally
 responsible for the youth to participate in diversion services.  If  the
 designated  lead agency thereafter determines that [the] A case REFERRED
 FOR DIVERSION EFFORTS UNDER THIS SECTION has been successfully resolved,
 it shall so notify the court, and the court shall dismiss the petition.
   § 4. Subparagraph (A) of paragraph (i) of subdivision (f)  of  section
 1012  of  the family court act, as amended by chapter 469 of the laws of
 1971, is amended to read as follows:
   (A) in supplying the child with adequate food,  clothing,  shelter  or
 education  in  accordance  with  the  provisions  of part one of article
 sixty-five of the education law, or  medical,  dental,  optometrical  or
 surgical  care, though financially able to do so or offered financial or
 other reasonable means to do so, OR, IN THE CASE OF AN  ALLEGED  FAILURE
 OF THE RESPONDENT TO PROVIDE EDUCATION TO THE CHILD, NOTWITHSTANDING THE
 EFFORTS  OF  THE  SCHOOL  DISTRICT OR LOCAL EDUCATIONAL AGENCY AND CHILD
 PROTECTIVE AGENCY TO AMELIORATE SUCH ALLEGED FAILURE PRIOR TO THE FILING
 OF THE PETITION; or
   § 5. Section 1031 of the family court act is amended by adding  a  new
 subdivision (g) to read as follows:
   (G)  WHERE  A  PETITION UNDER THIS ARTICLE CONTAINS AN ALLEGATION OF A
 FAILURE BY THE RESPONDENT TO PROVIDE EDUCATION TO THE CHILD  IN  ACCORD-

 A. 7557                             3
 
 ANCE WITH ARTICLE SIXTY-FIVE OF THE EDUCATION LAW, REGARDLESS OF WHETHER
 SUCH  ALLEGATION  IS  THE  SOLE ALLEGATION OF THE PETITION, THE PETITION
 SHALL RECITE THE EFFORTS UNDERTAKEN BY THE  PETITIONER  AND  THE  SCHOOL
 DISTRICT  OR  LOCAL EDUCATIONAL AGENCY TO REMEDIATE SUCH ALLEGED FAILURE
 PRIOR TO THE FILING OF THE PETITION AND THE GROUNDS FOR CONCLUDING  THAT
 THE  EDUCATION-RELATED  ALLEGATIONS  COULD  NOT  BE  RESOLVED ABSENT THE
 FILING OF A PETITION UNDER THIS ARTICLE.
   § 6. Section 1035 of the family court act is amended by adding  a  new
 subdivision (g) to read as follows:
   (G) WHERE THE PETITION FILED UNDER THIS ARTICLE CONTAINS AN ALLEGATION
 OF  A  FAILURE  BY  THE  RESPONDENT TO PROVIDE EDUCATION TO THE CHILD IN
 ACCORDANCE WITH ARTICLE SIXTY-FIVE OF THE EDUCATION LAW,  AND  WHERE  AT
 ANY STAGE OF THE PROCEEDING, THE COURT DETERMINES THAT ASSISTANCE BY THE
 SCHOOL  DISTRICT OR LOCAL EDUCATIONAL AGENCY WOULD AID IN THE RESOLUTION
 OF THE EDUCATION-RELATED ALLEGATION, THE SCHOOL DISTRICT OR LOCAL EDUCA-
 TIONAL AGENCY MAY BE NOTIFIED BY THE COURT AND GIVEN AN  OPPORTUNITY  TO
 BE HEARD.
   §  7.  This  act shall take effect on the ninetieth day after it shall
 have become a law.