S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2335
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 Introduced  by M. of A. GANTT -- read once and referred 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.
                                                            LBD00725-01-9
              

 A. 2335                             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.

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   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.