NY State Senate Bill 2019-S786

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 08, 2020	referred to children and families
Feb 11, 2019	reported and committed to finance
Jan 09, 2019	referred to children and families

Votes

- Feb 11, 2019 - Children And Families Committee Vote
  S786
  
  6
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Children And Families Committee Vote: Feb 11, 2019
      
      aye (6)
      
      Addabbo Jr.
      
      Kaplan
      
      Montgomery
      
      Persaud
      
      Salazar
      
      Tedisco
      
      aye wr (1)
      
      Serino

co-Sponsors

View additional co-sponsors

2019-S786 (ACTIVE) - Details

See Assembly Version of this Bill:: A6252
Current Committee:: Senate Children And Families
Law Section:: Family Court Act
Laws Affected:: Amd §353.2, Fam Ct Act; add Art 6 Title 12 §§458-m & 458-n, amd §§404 & 409-a, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7565
2017-2018: S5475, A7099

2019-S786 (ACTIVE) - Summary

Relates to establishing family support centers for youth at risk of being, or alleged or adjudicated to be juvenile delinquents or persons in need of supervision; authorizes reimbursement to counties.

2019-S786 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S786               REVISED MEMO 02/08/2019

SPONSOR: MONTGOMERY
 
SUMMARY OF PROVISIONS:

Section 1 of the bill creates a new section of subdivision 2 of section
353.2 of the family court act to include a family support center pursu-
ant to title twelve of article six of the social services law.

Section 2 of the bill explains family support centers as well as funding
thereof.

Section 3 of the bill defines the allowable eligible expenditures a
social service district may apply for an approved juvenile justice
service close to home initiative.

Section 4 of the bill describes the services to be provided by family
support centers.

Section 5 of the bill is the effective date.

 
JUSTIFICATION:

Research has demonstrated that diversion of appropriate cases before
they reach the courts both improves outcomes for the youth involved and
better protects public safety. In addition, the cost of diversion is
much lower than that of juvenile detention or out-of-home placement.

Persons in Need of Supervision (PINS) are youth ages 17 and under who
have engaged in non-criminal "status offenses" such as truancy and
running away. While these young people do not stand accused of any
crime, they can be confined in non-secure detention and placement
settings. In 2013, there were 1,574 PINS detention admissions and 627
admissions to out-of-home placement. The bulk of detention and placement
for PINS occurs outside of New York City: in 2013, 89 percent of PINs
placements and 83 percent of PINS detention admissions were ordered in
counties outside of New York City. The most effective interventions for
PINS youth have been shown to include: diversion from court, immediate
response, a triage process, accessible services that engage the entire
family, and ongoing quality assurance of program effectiveness.

In October, 2007, in the state of Connecticut, Family Support Centers
(FSCs) opened in the four jurisdictions with the highest numbers of
youth offense complaints. In lieu of court referrals, those youth offen-
ders who were in crisis or deemed high-risk after being screened by a
probation officer were referred to a FSC. Services provided to youths
and families diverted to FSC included counseling, mediation, mental
health, and respite care. During the first six months after the 2007
presntation of FSCs, the number of status offense court referrals by
41%, and more than one year later no youth charged with a status offense
had been securely detained. From 2007 to 2009, 81% of youths who
successfully completed an FSC program had no further involvement in the
juvenile justice system.

It is recommended by the Commission on Youth, Public Safety and Justice
that New York reinvest some of the resources currently used for PINS
out-of home detention and placement to support this model of effective
community-based intervention, reserving these costly settings only for
youth who present a significant risk to public safety.
To this end, state reimbursement shall be made available for one hundred
percent of expenditures made by social service districts, exclusive of
any federal funds made available for family support centers statewide.

The impacts of processing all 16- and 17-year-olds in the criminal
justice system fall disproportionately on young men of color. Young men
of color are substantially overrepresented among youth who are arrested
at age 16 and 17 and who end up incarcerated as a result of the offense.
Those impacts are felt not only by the young men themselves, but also by
communities of color around the State.

Scientific research into brain development has revealed that portions of
our brains, including that governing impulse control, develop far later
than expected - as late as one's mid-20s. This research has demonstrated
that adolescents do not have fully developed faculties of judgment or
impulse control. It has also shown that adolescents respond more favora-
bly to efforts to rehabilitate them and to put them on the right track
as opposed to confinement. This research of adolescent offenders has
coincided with, a steady and significant decrease in violent crimes
committed by young offenders since the 1990s. That reduction in crime
has replaced outsized fears of young "super predators" with a more
thoughtful focus on targeted criminal justice interventions to reduce
recidivism without simply expanding costly incarceration.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATION:

Fiscal analysis performed by the Commission on Youth, Public Safety and
Justice suggests that diversion interventions can be provided for an
average cost of $3,000 per case while the cost of out-of-home placement
can reach over $200,000 per child annually. Analysis completed by the
Office of Children and Family Services showed that New York State spends
over $100 million annually to hold PINS youth in detention and place-
ment. This expensive practice is contrary to best practice standards for
these youth who have not committed any offense.

This bill will save the state millions of dollars.

 
EFFECTIVE DATE:
This bill shall take effect immediately provided certain requirements be
met.

2019-S786 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    786
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced by Sens. MONTGOMERY, PERSAUD -- read twice and ordered print-
   ed,  and when printed to be committed to the Committee on Children and
   Families
 
 AN ACT to amend  the  family  court  act,  in  relation  to  authorizing
   probation in juvenile delinquent cases to be conditional upon referral
   for  certain family services; and to amend the social services law, in
   relation to family support centers and state reimbursement for expend-
   itures made by social services districts for various services
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (e)  of  subdivision 2 of section 353.2 of the
 family court act, as amended by chapter 124 of  the  laws  of  1993,  is
 amended to read as follows:
   (e)  co-operate  with a mental health, social services or other appro-
 priate community facility or agency to which the respondent is referred,
 INCLUDING A FAMILY SUPPORT CENTER PURSUANT TO TITLE  TWELVE  OF  ARTICLE
 SIX OF THE SOCIAL SERVICES LAW;
   §  2.  Article 6 of the social services law is amended by adding a new
 title 12 to read as follows:
                                 TITLE 12
                          FAMILY SUPPORT CENTERS
 SECTION 458-M. FAMILY SUPPORT CENTERS.
         458-N. FUNDING FOR FAMILY SUPPORT CENTERS.
   § 458-M. FAMILY SUPPORT CENTERS. 1. AS USED IN THIS  TITLE,  THE  TERM
 "FAMILY  SUPPORT  CENTER"  SHALL  MEAN A PROGRAM ESTABLISHED PURSUANT TO
 THIS TITLE TO PROVIDE COMMUNITY-BASED SUPPORTIVE SERVICES  TO  YOUTH  AT
 RISK OF BEING, OR ALLEGED OR ADJUDICATED TO BE PERSONS IN NEED OF SUPER-
 VISION  PURSUANT  TO  ARTICLE  SEVEN  OF THE FAMILY COURT ACT, AND THEIR
 FAMILIES.  FAMILY  SUPPORT  CENTERS  MAY  ALSO  PROVIDE  COMMUNITY-BASED
 SUPPORTIVE  SERVICES TO YOUTH WHO ARE ALLEGED OR ADJUDICATED TO BE JUVE-
 NILE DELINQUENTS PURSUANT TO ARTICLE THREE OF THE FAMILY COURT  ACT  AND
 YOUTH  AGED SIXTEEN, SEVENTEEN AND EIGHTEEN WHO ARE ACCUSED OR CONVICTED

 OF CRIMES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03504-01-9

 S. 786                              2
 
   2. FAMILY SUPPORT CENTERS SHALL PROVIDE COMPREHENSIVE SERVICES TO SUCH
 CHILDREN AND THEIR FAMILIES, EITHER DIRECTLY OR THROUGH  REFERRALS  WITH
 PARTNER AGENCIES, INCLUDING, BUT NOT LIMITED TO:
   (A) RAPID FAMILY ASSESSMENTS AND SCREENINGS;
   (B) CRISIS INTERVENTION;
   (C) FAMILY MEDIATION AND SKILLS BUILDING;
   (D)  MENTAL  AND  BEHAVIORAL HEALTH SERVICES AS DEFINED IN SUBDIVISION
 FIFTY-EIGHT OF SECTION 1.03 OF THE MENTAL HYGIENE LAW  INCLUDING  COGNI-
 TIVE INTERVENTIONS;
   (E) CASE MANAGEMENT;
   (F) RESPITE SERVICES; AND
   (G) OTHER FAMILY SUPPORT SERVICES.
   3.  TO THE EXTENT PRACTICABLE, THE SERVICES THAT ARE PROVIDED SHALL BE
 TRAUMA SENSITIVE, FAMILY FOCUSED, GENDER-RESPONSIVE, WHERE  APPROPRIATE,
 AND EVIDENCE AND/OR STRENGTH BASED AND SHALL BE TAILORED TO THE INDIVID-
 UALIZED  NEEDS  OF  THE  CHILD  AND  FAMILY BASED ON THE ASSESSMENTS AND
 SCREENINGS CONDUCTED BY SUCH FAMILY SUPPORT CENTER.
   4. FAMILY SUPPORT CENTERS SHALL HAVE THE CAPACITY  TO  SERVE  FAMILIES
 OUTSIDE OF REGULAR BUSINESS HOURS INCLUDING EVENINGS OR WEEKENDS.
   §  458-N.  FUNDING  FOR FAMILY SUPPORT CENTERS. 1. NOTWITHSTANDING ANY
 OTHER PROVISION OF LAW TO THE CONTRARY,  STATE  REIMBURSEMENT  SHALL  BE
 MADE  AVAILABLE  FOR  ONE HUNDRED PERCENT OF EXPENDITURES MADE BY SOCIAL
 SERVICES DISTRICTS, EXCLUSIVE OF ANY FEDERAL FUNDS  MADE  AVAILABLE  FOR
 SUCH PURPOSE, FOR FAMILY SUPPORT CENTERS STATEWIDE.
   2.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, FAMILY
 SUPPORT CENTERS SHALL BE ESTABLISHED IN EACH  SOCIAL  SERVICES  DISTRICT
 THROUGHOUT  THE  STATE  WITH  THE APPROVAL OF THE OFFICE OF CHILDREN AND
 FAMILY SERVICES, PROVIDED HOWEVER  THAT  TWO  OR  MORE  SOCIAL  SERVICES
 DISTRICTS  MAY JOIN TOGETHER TO ESTABLISH, OPERATE AND MAINTAIN A FAMILY
 SUPPORT CENTER AND MAY MAKE AND PERFORM AGREEMENTS IN CONNECTION  THERE-
 WITH.
   3.  SOCIAL  SERVICES DISTRICTS MAY CONTRACT WITH NOT-FOR-PROFIT CORPO-
 RATIONS OR UTILIZE EXISTING PROGRAMS TO OPERATE FAMILY  SUPPORT  CENTERS
 IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE AND THE SPECIFIC PROGRAM
 REQUIREMENTS  ISSUED  BY  THE  OFFICE. FAMILY SUPPORT CENTERS SHALL HAVE
 SUFFICIENT CAPACITY TO PROVIDE  SERVICES  TO  YOUTH  WITHIN  THE  SOCIAL
 SERVICES  DISTRICT  OR DISTRICTS WHO ARE AT RISK OF BECOMING, ALLEGED OR
 ADJUDICATED TO BE PERSONS IN NEED OF  SUPERVISION  PURSUANT  TO  ARTICLE
 SEVEN  OF  THE FAMILY COURT ACT, AND THEIR FAMILIES. IN ADDITION, TO THE
 EXTENT PRACTICABLE, FAMILY SUPPORT CENTERS MAY PROVIDE SERVICES TO YOUTH
 WHO ARE ALLEGED OR ADJUDICATED UNDER ARTICLE THREE OF THE  FAMILY  COURT
 ACT.
   4.  SOCIAL SERVICES DISTRICTS RECEIVING FUNDING UNDER THIS TITLE SHALL
 REPORT TO THE OFFICE OF CHILDREN AND FAMILY SERVICES, IN  THE  FORM  AND
 MANNER AND AT SUCH TIMES AS DETERMINED BY THE OFFICE, ON THE PERFORMANCE
 OUTCOMES  OF ANY FAMILY SUPPORT CENTER LOCATED WITHIN SUCH DISTRICT THAT
 RECEIVES FUNDING UNDER THIS TITLE.
   § 3. Subdivision 8 of section 404 of the social services law, as added
 by section 1 of subpart A of part G of chapter 57 of the laws  of  2012,
 is amended to read as follows:
   8.  (a)  Notwithstanding  any  other  provision of law to the contrary
 EXCEPT AS PROVIDED FOR IN PARAGRAPH (A-1) OF THIS SUBDIVISION,  eligible
 expenditures  during  the  applicable  time  periods  made  by  a social
 services district for an approved juvenile  justice  services  close  to
 home  initiative  shall, if approved by the department of family assist-
 ance, be subject to reimbursement with state funds only up to the extent

 S. 786                              3
 
 of an annual  appropriation  made  specifically  therefor,  after  first
 deducting  therefrom  any  federal  funds  properly  received  or  to be
 received on account thereof; provided, however,  that  when  such  funds
 have  been  exhausted,  a  social  services  district  may receive state
 reimbursement from other available state appropriations for  that  state
 fiscal  year for eligible expenditures for services that otherwise would
 be reimbursable under such funding streams. Any claims  submitted  by  a
 social services district for reimbursement for a particular state fiscal
 year  for  which  the  social  services  district does not receive state
 reimbursement from the annual appropriation for the  approved  close  to
 home initiative may not be claimed against that district's appropriation
 for the initiative for the next or any subsequent state fiscal year.
   (A-1)  STATE  REIMBURSEMENT  SHALL  BE  MADE AVAILABLE FOR ONE HUNDRED
 PERCENT OF ELIGIBLE EXPENDITURES MADE BY  A  SOCIAL  SERVICES  DISTRICT,
 EXCLUSIVE  OF  ANY  FEDERAL  FUNDS MADE AVAILABLE FOR SUCH PURPOSES, FOR
 APPROVED JUVENILE JUSTICE SERVICES  UNDER  AN  APPROVED  CLOSE  TO  HOME
 INITIATIVE PROVIDED TO YOUTH AGE SIXTEEN YEARS OF AGE OR OLDER WHEN SUCH
 SERVICES WOULD NOT OTHERWISE HAVE BEEN PROVIDED TO SUCH YOUTH.
   (b)  The  department  of  family  assistance  is  authorized,  in  its
 discretion, to make advances to a social  services  district  in  antic-
 ipation of the state reimbursement provided for in this section.
   (c)  A  social  services  district  shall conduct eligibility determi-
 nations for federal and state funding and submit claims  for  reimburse-
 ment  in  such form and manner and at such times and for such periods as
 the department of family assistance shall determine.
   (d) Notwithstanding any inconsistent provision of law or regulation of
 the department of family assistance, state reimbursement  shall  not  be
 made for any expenditure made for the duplication of any grant or allow-
 ance for any period.
   (e)  Claims  submitted by a social services district for reimbursement
 shall be paid after deducting any expenditures defrayed by  fees,  third
 party  reimbursement,  and  any non-tax levy funds including any donated
 funds.
   (f) The office of children and family services shall not reimburse any
 claims for expenditures for residential services that are submitted more
 than twenty-two months after the calendar quarter in which the  expendi-
 tures were made.
   (g) Notwithstanding any other provision of law, the state shall not be
 responsible  for  reimbursing  a social services district and a district
 shall not seek state reimbursement for any portion of any  state  disal-
 lowance  or  sanction taken against the social services district, or any
 federal disallowance attributable to final federal agency  decisions  or
 to settlements made, when such disallowance or sanction results from the
 failure  of the social services district to comply with federal or state
 requirements, including, but not limited to, failure to document  eligi-
 bility  for the federal or state funds in the case record. To the extent
 that the social services district has sufficient claims other than those
 that are subject to disallowance or sanction to draw down the full annu-
 al appropriation, such disallowance or sanction shall not  result  in  a
 reduction  in payment of state funds to the district unless the district
 requests that the department use a portion of the  appropriation  toward
 meeting  the  district's  responsibility to repay the federal government
 for the disallowance or sanction and any related interest payments.
   (h) Rates for residential services. (i) The office shall establish the
 rates, in accordance with section three hundred ninety-eight-a  of  this
 chapter,  for  any  non-secure  facilities established under an approved

 S. 786                              4
 
 juvenile justice services close to home initiative. For any such non-se-
 cure facility that  will  be  used  primarily  by  the  social  services
 district  with an approved close to home initiative, final authority for
 establishment  of  such  rates  and any adjustments thereto shall reside
 with the office, but such rates and any  adjustments  thereto  shall  be
 established  only  upon  the  request of, and in consultation with, such
 social services district.
   (ii) A social services district  with  an  approved  juvenile  justice
 services  close  to  home  initiative for juvenile delinquents placed in
 limited secure settings  shall  have  the  authority  to  establish  and
 adjust,  on  an  annual  or regular basis, maintenance rates for limited
 secure facilities providing residential services under such  initiative.
 Such  rates  shall  not  be  subject  to the provisions of section three
 hundred ninety-eight-a of this chapter but shall be subject  to  maximum
 cost limits established by the office of children and family services.
   §  4.  Paragraph  (a)  of subdivision 1 of section 409-a of the social
 services law, as amended by chapter 87 of the laws of 1993, subparagraph
 (i) as amended by chapter 342 of the laws of 2010, and subparagraph (ii)
 as amended by section 22 of part C of chapter 83 of the laws of 2002, is
 amended to read as follows:
   (a) A social services official shall provide preventive services to  a
 child  and  his  or  her family, in accordance with the family's service
 plan as required by section four hundred nine-e of this [chapter]  ARTI-
 CLE  and  the  social  services  district's  child welfare services plan
 submitted and approved pursuant to section four hundred nine-d  of  this
 [chapter]  ARTICLE,  upon  a finding by such official that (i) the child
 will be placed, returned to or continued  in  foster  care  unless  such
 services  are  provided  and  that  it  is reasonable to believe that by
 providing such services the child will be able  to  remain  with  or  be
 returned  to his or her family, and for a former foster care youth under
 the age of twenty-one who was previously placed in the care and  custody
 or custody and guardianship of the local commissioner of social services
 or  other officer, board or department authorized to receive children as
 public charges where it is reasonable to believe that by providing  such
 services the former foster care youth will avoid a return to foster care
 or  (ii)  the  child is the subject of a petition under article seven of
 the family court act, [or has been determined by the assessment  service
 established  pursuant to section two hundred forty-three-a of the execu-
 tive law,] or by the probation service where no such assessment  service
 has  been designated, to be at risk of being the subject of such a peti-
 tion, and the social services official determines that the child  is  at
 risk of placement into foster care. Such finding shall be entered in the
 child's  uniform  case  record  established  and  maintained pursuant to
 section four hundred nine-f of this [chapter] ARTICLE. The  commissioner
 shall  promulgate  regulations  to  assist  social services officials in
 making determinations of eligibility for  mandated  preventive  services
 pursuant to this [subparagraph] PARAGRAPH.
   §  5.  This act shall take effect immediately; provided, however, that
 the amendments to subdivision 8 of section 404 of  the  social  services
 law  made  by  section  three of this act shall not affect the repeal of
 such subdivision and  shall  be  deemed  repealed  therewith;  provided,
 further,  that  the  amendments to subparagraph (ii) of paragraph (a) of
 subdivision 1 of section 409-a  of  the  social  services  law  made  by
 section four of this act shall not affect the expiration of such subpar-
 agraph and shall be deemed to expire therewith.

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Senate Bill S786

Sponsored By

Archive: Last Bill Status - In Senate Committee Children And Families Committee

Feb 11, 2019 - Children And Families Committee Vote

Children And Families Committee Vote: Feb 11, 2019

co-Sponsors

2019-S786 (ACTIVE) - Details

2019-S786 (ACTIVE) - Summary

2019-S786 (ACTIVE) - Sponsor Memo

2019-S786 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S786

Share this bill

Sponsored By

Velmanette Montgomery

Archive: Last Bill Status - In Senate Committee Children And Families Committee

co-Sponsors

Alessandra Biaggi

Leroy Comrie

Andrew Gounardes

John C. Liu

2019-S786 (ACTIVE) - Details

2019-S786 (ACTIVE) - Summary

2019-S786 (ACTIVE) - Sponsor Memo

2019-S786 (ACTIVE) - Bill Text download pdf

Comments