NY State Senate Bill 2017-S3348

Senate Bill S3348

2017-2018 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to children and families
Jan 20, 2017	referred to children and families

2017-S3348 (ACTIVE) - Details

See Assembly Version of this Bill:: A1034
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:: 2009-2010: S7251, A2406
2011-2012: S2764, A822
2013-2014: S3329, A2066
2015-2016: S2046, A1228
2019-2020: S2567, A2335
2021-2022: S3378
2023-2024: S1595

2017-S3348 (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.

2017-S3348 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3348

 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 subsection I that 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."

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.) 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." In sub-section 1, "the office for people with" is added to
describe the commissioner of developmental disabilities.

D.) section 353.4, sub-section 4 -- changes the law to include "the
interdisciplinary team established in subdivision three of section
351.1 of this part."

E.) Where the division for youth is mentioned, the following language
is added, "office of children and family services."

 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 7095) 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.

 LEGISLATIVE HISTORY :

2009-10: S.7251/A.2406(Gantt)- Referred to Children and Families
2011-12: S.2764/A.822(Gantt)-Committed to Rules
2013-14: S.3329/A.2066(Gantt)-Referred to Children and Families
2015-16: S.2046/A.1228(Gantt)-Referred to Children and Families

 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.

2017-S3348 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3348
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2017
                                ___________
 
 Introduced  by  Sen.  BAILEY -- 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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02041-01-7

 S. 3348                             2
 
   § 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:
   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.
   § 3. Subdivisions 1 and 4 of section 353.4 of the  family  court  act,
 subdivision  1 as amended by chapter 37 of the laws of 2016 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 of this act the court finds that the respondent has a
 mental  illness, or intellectual 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 herself or others, the court may issue an
 order placing such respondent with the 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 DEVELOPMENTAL DISABILITIES 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 EDUCA-
 TION 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. Any  such  order  shall  direct  the
 temporary  transfer  for  admission  of the respondent to the custody of
 either the commissioner of mental health or the commissioner of 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
 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 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  of  this  act,
 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) substantial risk of physical harm to himself
 or  herself  as  manifested by threats or attempts at suicide or serious
 bodily harm or other conduct demonstrating he or  she  is  dangerous  to
 himself  or  herself or (b) a substantial risk of physical harm to other
 persons as manifested by homicidal or other violent  behavior  by  which
 others are placed in reasonable fear of serious bodily harm.

 S. 3348                             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.
   § 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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