NY State Senate Bill 2019-S8685

Senate Bill S8685

2019-2020 Legislative Session

Relates to raising the lower age of juvenile delinquency jurisdiction from seven to twelve years of age and establishing differential response programs for children under the age of twelve

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Archive: Last Bill Status - In Senate Committee Rules 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 06, 2020	referred to rules

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2019-S8685 (ACTIVE) - Details

See Assembly Version of this Bill:: A10727
Current Committee:: Senate Rules
Law Section:: Family Court Act
Laws Affected:: Amd §§301.2, 304.1, 306.1, 308.1, 353.2, 353.6 & 354.1, Fam Ct Act; amd §§409-a & 458-m, add Art 6 Title 12-A §458-o, Soc Serv L; amd §840, Exec L
Versions Introduced in 2021-2022 Legislative Session:: S4051, A4982

2019-S8685 (ACTIVE) - Summary

Raises the lower age of juvenile delinquency jurisdiction from seven to twelve years of age and establishes differential response programs for children under the age of twelve.

2019-S8685 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8685

SPONSOR: MONTGOMERY
 
TITLE OF BILL:

An act to amend the family court act, the social services law and the
executive law, in relation to raising the lower age of juvenile delin-
quency jurisdiction from age seven to age twelve and to establish
differential response programs for children under the age of twelve

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would raise the lower age of juvenile delinquency from seven
years old to twelve years old and would create differential response
programs for children under the age of twelve whose behavior but for
their age would bring them within the jurisdiction of the family court
in an effort to prevent future interaction with the juvenile justice
system.

 
SUMMARY OF PROVISIONS:

Section one of the bill would by amend the definition of "juvenile
delinquent" to mean a person at least twelve years of age.

Section two of the bill would amend the definition of "designated felony
act" by raising the lower age of allegedly committing a designated felo-
ny act to at least twelve.

Section three of the bill would raise the restriction on detention in a
secure detention facility of a child from under ten years old to under
thirteen years old.

Section four of this bill would raise the lower age to at least twelve
for fingerprinting of certain alleged juvenile delinquents.

Section five would raise the lower age to at least twelve in, instances
where the alleged act committed by a juvenile delinquent constitutes an
A or B felony for probation services to certify to the division of crim-
inal justice services and the appropriate law enforcement agency that
the potential respondents fingerprints have been taken.

Section six would remove the age requirement for probation to require a
respondent to make restitution or perform services for the public good.

Section seven would remove the age requirement for restitution at the
conclusion of a dispositional hearing.

Section eight would make various conforming changes to raise the lower
age to twelve which relates to the destruction of fingerprints, palm
prints, photographs, and copies thereof, and all information relating to
such allegations obtained by the division of criminal justice services,
except in instances where the respondent is adjudicated a juvenile
delinquent for a class A or B felony.

Section nine would provide preventative services for children under the
age of twelve whose behavior but for their age would bring them within
the jurisdiction of the family court, and the local social services
official determines that the child is at risk of being placed in foster
care.
Section ten would require local social services districts to establish
differential response programs for children under twelve whose behavior
but for their age would bring them within the jurisdiction of the family
court. Such programs would be required to be approved by the Office of
Children and Family Services (OCFS) and utilize appropriate assessments
and determine what, if any, services should be provided to such youth to
help reduce future interaction with the juvenile justice and child
welfare systems. This section would also restrict access to the records
created as part of such programs.  Expenditures made by a local social
services district purivant to a differential response program would be
required to be reimbursable from the annual appropriations relating to
preventive services, family support services, and supervision and treat-
ment services for juveniles. Lastly, this section would require OCFS to
prepare an annual report on the differential response programs.

Section eleven would expand the eligibility for "family support services
programs" to include helping to reduce future interactions with the
juvenile justice system and or child welfare system for children under
12 whose behavior but for their age would bring them within the juris-
diction of the family court.

Section twelve would expand training programs for police officers whose
main responsibilities are juveniles and the laws pertaining thereto, to
include training in how to address children under twelve years of age
whose behavior but for their age would bring them within the jurisdic-
tion of the family court.

Section thirteen would establish the effective date.

 
JUSTIFICATION:

This bill intends to help reduce future interaction with the juvenile'
justice system and child welfare system by raising the lower age of
juvenile delinquency from seven to twelve years old and ensuring chil-
dren receive the necessary services in order to do so.

 
PRIOR LEGISLATIVE HISTORY:

This is new legislation.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect one year after it shall have become a law;
provided, however, that the amendments to subparagraph (ii) of paragraph
(a) of subdivision 1 of section 409-a of the social services law made by
section nine of this act shall not affect the expiration of such para-
graph and shall be deemed to expire therewith.

2019-S8685 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8685
 
                             I N  S E N A T E
 
                               July 6, 2020
                                ___________
 
 Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
   when printed to be committed to the Committee on Rules
 
 AN ACT to amend the family court act, the social services  law  and  the
   executive law, in relation to raising the lower age of juvenile delin-
   quency  jurisdiction  from  age  seven  to age twelve and to establish
   differential response programs for children under the age of twelve

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Subdivision 1 of section 301.2 of the family court act, as
 amended  by section 56 of part WWW of chapter 59 of the laws of 2017, is
 amended to read as follows:
   1. "Juvenile delinquent" means a person  [over  seven  and  less  than
 sixteen years of age, or commencing on October first, two thousand eigh-
 teen  a  person  over  seven  and  less than seventeen years of age, and
 commencing October first, two thousand nineteen a person over seven]  AT
 LEAST  TWELVE and less than eighteen years of age, who, having committed
 an act that would  constitute  a  crime,  or  a  violation,  where  such
 violation  is alleged to have occurred in the same transaction or occur-
 rence of the alleged criminal act, if committed by an adult, (a) is  not
 criminally  responsible for such conduct by reason of infancy, or (b) is
 the defendant in an action ordered removed from a criminal court to  the
 family court pursuant to article seven hundred twenty-five of the crimi-
 nal procedure law.
   §  2.    Subdivision  8  of  section 301.2 of the family court act, as
 amended by section 57 of part WWW of chapter 59 of the laws of 2017,  is
 amended to read as follows:
   8.  "Designated  felony  act" means an act which, if done by an adult,
 would be a crime: (i) defined in sections 125.27 (murder  in  the  first
 degree); 125.25 (murder in the second degree); 135.25 (kidnapping in the
 first  degree);  or  150.20 (arson in the first degree) of the penal law
 committed by a person thirteen,  fourteen,  fifteen,  [or]  sixteen,  or
 [commencing  October  first,  two thousand nineteen,] seventeen years of
 age; or such conduct committed as a  sexually  motivated  felony,  where
 authorized  pursuant to section 130.91 of the penal law; (ii) defined in
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD15119-04-0

 S. 8685                             2
 
 sections 120.10 (assault in the first degree); 125.20  (manslaughter  in
 the  first  degree); 130.35 (rape in the first degree); 130.50 (criminal
 sexual act in the first degree); 130.70 (aggravated sexual abuse in  the
 first  degree);  135.20 (kidnapping in the second degree) but only where
 the abduction involved the use or  threat  of  use  of  deadly  physical
 force;  150.15  (arson  in  the second degree) or 160.15 (robbery in the
 first degree) of the penal law committed by a person thirteen, fourteen,
 fifteen, [or] sixteen, or[, commencing October first, two thousand nine-
 teen,] seventeen years of age; or such conduct committed as  a  sexually
 motivated  felony,  where  authorized  pursuant to section 130.91 of the
 penal law; (iii) defined in the penal law as an attempt to commit murder
 in the first or second degree or kidnapping in the first degree  commit-
 ted  by a person thirteen, fourteen, fifteen, [or] sixteen, or [commenc-
 ing October first, two thousand nineteen,] seventeen years  of  age;  or
 such  conduct committed as a sexually motivated felony, where authorized
 pursuant to section 130.91 of the penal law;  (iv)  defined  in  section
 140.30 (burglary in the first degree); subdivision one of section 140.25
 (burglary  in  the  second  degree);  subdivision  two of section 160.10
 (robbery in the second degree) of the penal law; or  section  265.03  of
 the  penal  law,  where such machine gun or such firearm is possessed on
 school grounds, as that phrase is defined  in  subdivision  fourteen  of
 section  220.00  of  the  penal  law  committed  by a person fourteen or
 fifteen years of age; or such conduct committed as a sexually  motivated
 felony,  where  authorized  pursuant to section 130.91 of the penal law;
 (v) defined in section 120.05 (assault in the second degree)  or  160.10
 (robbery  in  the  second degree) of the penal law committed by a person
 fourteen, fifteen, [or] sixteen or[, commencing October first, two thou-
 sand nineteen,] seventeen years of age but only where there has  been  a
 prior  finding  by  a court that such person has previously committed an
 act which, if committed by an adult, would be the crime  of  assault  in
 the second degree, robbery in the second degree or any designated felony
 act  specified  in  paragraph  (i),  (ii),  or (iii) of this subdivision
 regardless of the age of such person at the time of  the  commission  of
 the  prior  act;  (vi) other than a misdemeanor committed by a person at
 least [seven but less than seventeen years of age, and commencing  Octo-
 ber  first,  two  thousand nineteen, a person at least seven] TWELVE but
 less than eighteen years of age, but only where there  [has]  HAVE  been
 two  prior  findings by the court that such person has committed a prior
 felony.
   § 3. Subdivision 3 of section  304.1  of  the  family  court  act,  as
 amended  by section 59 of part WWW of chapter 59 of the laws of 2017, is
 amended to read as follows:
   3. The detention of a child under [ten] THIRTEEN years  of  age  in  a
 secure  detention  facility  shall  not  be  directed  under  any of the
 provisions of this article.
   § 4.  Paragraph (a) of subdivision 1 of section 306.1  of  the  family
 court  act, as amended by chapter 645 of the laws of 1996, is amended to
 read as follows:
   (a) the child is [eleven] AT LEAST TWELVE years of age [or older]  and
 the  crime which is the subject of the arrest or which is charged in the
 petition constitutes a class A or B felony; or
   § 5.  Subdivision 12 of section 308.1 of  the  family  court  act,  as
 added by chapter 920 of the laws of 1982, is amended to read as follows:
   12.  The  probation  service shall certify to the division of criminal
 justice services  and  to  the  appropriate  police  department  or  law
 enforcement  agency  whenever  it  adjusts a case in which the potential

 S. 8685                             3
 
 respondent's fingerprints were taken pursuant to section  306.1  in  any
 manner  other than the filing of a petition for juvenile delinquency for
 an act which, if committed by  an  adult,  would  constitute  a  felony,
 provided,  however,  in  the case of a child [eleven or] twelve years of
 age, such certification shall be made only if the act would constitute a
 class A or B felony.
   § 6.  Paragraph (f) 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:
   (f) make restitution or perform services for the public good  pursuant
 to section 353.6[, provided the respondent is over ten years of age];
   §  7.   The opening paragraph of subdivision 1 of section 353.6 of the
 family court act, as amended by chapter 877 of  the  laws  of  1983,  is
 amended to read as follows:
   At  the  conclusion  of  the dispositional hearing [in cases involving
 respondents over ten years of age] the court may:
   § 8.  Subdivisions 1, 2, 6 and 7 of section 354.1 of the family  court
 act,  subdivision  1  as  added  by  chapter 920 of the laws of 1982 and
 subdivisions 2, 6 and 7 as amended by chapter 645 of the laws  of  1996,
 are amended to read as follows:
   1.  If  a  person  whose  fingerprints, palmprints or photographs were
 taken pursuant to section 306.1 or  was  initially  fingerprinted  as  a
 juvenile  offender  and  the  action is subsequently removed to a family
 court pursuant to article seven  hundred  twenty-five  of  the  criminal
 procedure  law  is adjudicated to be a juvenile delinquent for a felony,
 the family court shall forward or cause to be forwarded to the  division
 of  criminal justice services notification of such adjudication and such
 related information as may  be  required  by  such  division,  provided,
 however,  in  the  case of a person [eleven or] twelve years of age such
 notification shall be provided only if the act upon  which  the  adjudi-
 cation is based would constitute a class A or B felony.
   2.  If  a  person  whose  fingerprints, palmprints or photographs were
 taken pursuant to section 306.1 or  was  initially  fingerprinted  as  a
 juvenile offender and the action is subsequently removed to family court
 pursuant  to article seven hundred twenty-five of the criminal procedure
 law has had all petitions disposed of by the family court in any  manner
 other  than an adjudication of juvenile delinquency for a felony, but in
 the case of acts committed when such person was [eleven or] twelve years
 of age which would constitute a class A or B felony only, all such fing-
 erprints, palmprints, photographs, and copies thereof, and all  informa-
 tion  relating  to such allegations obtained by the division of criminal
 justice services pursuant to section 306.1 shall be destroyed forthwith.
 The clerk of the court shall notify the commissioner of the division  of
 criminal  justice  services  and the heads of all police departments and
 law enforcement agencies  having  copies  of  such  records,  who  shall
 destroy such records without unnecessary delay.
   6. If a person fingerprinted pursuant to section 306.1 and subsequent-
 ly  adjudicated  a  juvenile delinquent for a felony, but in the case of
 acts committed when such a person was [eleven or] twelve  years  of  age
 which  would  constitute  a  class  A  or B felony only, is subsequently
 convicted of a crime, all fingerprints and related information  obtained
 by  the  division  of criminal justice services pursuant to such section
 and not destroyed pursuant to subdivisions two, five and seven or subdi-
 vision twelve of section 308.1 shall  become  part  of  such  division's
 permanent adult criminal record for that person, notwithstanding section
 381.2 or 381.3.

 S. 8685                             4

   7.  When  a  person fingerprinted pursuant to section 306.1 and subse-
 quently adjudicated a juvenile delinquent for a felony, but in the  case
 of  acts  committed when such person was [eleven or] twelve years of age
 which would constitute a class A or B felony only, reaches  the  age  of
 twenty-one,  or has been discharged from placement under this act for at
 least  three  years,  whichever  occurs  later,  and  has  no   criminal
 convictions  or pending criminal actions which ultimately terminate in a
 criminal conviction,  all  fingerprints,  palmprints,  photographs,  and
 related  information  and  copies  thereof  obtained pursuant to section
 306.1 in the possession of the division of  criminal  justice  services,
 any  police department, law enforcement agency or any other agency shall
 be destroyed forthwith. The division of criminal justice services  shall
 notify the agency or agencies which forwarded fingerprints to such divi-
 sion  pursuant  to  section  306.1  of their obligation to destroy those
 records in their possession. In the case of a  pending  criminal  action
 which does not terminate in a criminal conviction, such records shall be
 destroyed forthwith upon such determination.
   §  9.  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 and  the
 social  services  district's  child  welfare services plan submitted and
 approved pursuant to section four hundred nine-d of this chapter, 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 previous-
 ly  placed  in  the  care and custody or custody and guardianship of the
 local commissioner of social services or other officer, board or depart-
 ment 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  executive law,] or by the
 probation service [where no such  assessment  service  has  been  desig-
 nated],  to  be at risk of being the subject of such a petition, and the
 social services official determines that the child is at risk of  place-
 ment into foster care OR (III) THE CHILD IS UNDER THE AGE OF TWELVE, AND
 THEIR  BEHAVIOR  BUT FOR THEIR AGE WOULD BRING THEM WITHIN THE JURISDIC-
 TION OF THE FAMILY COURT PURSUANT TO ARTICLE THREE OF THE  FAMILY  COURT
 ACT,  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.
   § 10.  Article 6 of the social services law is amended by adding a new
 title 12-A to read as follows:

 S. 8685                             5
 
                                TITLE 12-A
         DIFFERENTIAL RESPONSE PROGRAMS FOR CHILDREN UNDER TWELVE
 SECTION 458-O. DIFFERENTIAL RESPONSE PROGRAMS FOR CHILDREN UNDER TWELVE.
   §  458-O. DIFFERENTIAL RESPONSE PROGRAMS FOR CHILDREN UNDER TWELVE. 1.
 EACH LOCAL SOCIAL SERVICES DISTRICT, UPON THE APPROVAL OF THE OFFICE  OF
 CHILDREN  AND FAMILY SERVICES, SHALL ESTABLISH A PROGRAM THAT IMPLEMENTS
 DIFFERENTIAL RESPONSES TO PROVIDE  SERVICES  TO  CHILDREN  UNDER  TWELVE
 YEARS  OF AGE WHOSE BEHAVIOR, BUT FOR THEIR AGE, WOULD BRING THEM WITHIN
 THE JURISDICTION OF THE FAMILY COURT PURSUANT TO ARTICLE  THREE  OF  THE
 FAMILY  COURT ACT. SUCH PROGRAMS SHALL ESTABLISH AND UTILIZE APPROPRIATE
 ASSESSMENTS AND SERVICES FOR YOUTH,  IN  ORDER  TO  HELP  REDUCE  FUTURE
 INTERACTION WITH THE JUVENILE JUSTICE AND/OR CHILD WELFARE SYSTEMS. SUCH
 ASSESSMENTS  SHALL BE USED TO DETERMINE WHAT, IF ANY, SERVICES ARE NEED-
 ED, AND SUCH SERVICES SHALL UTILIZE THE LEAST  RESTRICTIVE  INTERVENTION
 PROTOCOLS  AVAILABLE.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE
 CONTRARY, THE PROVISIONS OF THIS SECTION SHALL APPLY ONLY TO THOSE CASES
 INVOLVING CHILDREN UNDER TWELVE YEARS OF  AGE  WHOSE  BEHAVIOR  BUT  FOR
 THEIR  AGE  WOULD BRING THEM WITHIN THE JURISDICTION OF THE FAMILY COURT
 PURSUANT TO ARTICLE THREE OF THE FAMILY COURT ACT.
   2. TO ESTABLISH A DIFFERENTIAL RESPONSE  PROGRAM,  EACH  LOCAL  SOCIAL
 SERVICES DISTRICT, AS PART OF THEIR DISTRICT-WIDE CHILD WELFARE SERVICES
 PLAN,  AS  DEFINED IN SECTION FOUR HUNDRED NINE-D OF THIS ARTICLE, SHALL
 INCLUDE A PLAN TO SERVE THE YOUTH DESCRIBED IN SUBDIVISION ONE  OF  THIS
 SECTION WHILE UTILIZING CERTAIN CRITERIA TO BE PROMULGATED IN REGULATION
 BY  THE OFFICE OF CHILDREN AND FAMILY SERVICES INCLUDING BUT NOT LIMITED
 TO THE FOLLOWING:
   (A) THE TYPES OF ASSESSMENT TO DETERMINE WHETHER SERVICES  ARE  NECES-
 SARY, SERVICES AND INTERVENTIONS TO BE PROVIDED TO CHILDREN AND FAMILIES
 INCLUDED  IN  THE  DIFFERENTIAL RESPONSE PROGRAM FOR SUCH CHILDREN AND A
 DESCRIPTION OF HOW THE SERVICES WILL BE  OFFERED.  SUCH  SERVICES  SHALL
 INCLUDE, BUT NOT BE LIMITED TO, THOSE SERVICES SET FORTH IN SECTION FOUR
 HUNDRED NINE-A OF THIS ARTICLE AND SECTION FOUR HUNDRED FIFTY-EIGHT-M OF
 THIS ARTICLE;
   (B) A DESCRIPTION OF THE PROCESS TO BE FOLLOWED FOR PLANNING AND MONI-
 TORING THE SERVICES PROVIDED UNDER THE DIFFERENTIAL RESPONSES;
   (C)    A  DESCRIPTION  OF  HOW  THE DIFFERENTIAL RESPONSE PROGRAM WILL
 ENHANCE THE ABILITY OF THE DISTRICT TO REDUCE FUTURE  INTERACTIONS  WITH
 THE  JUVENILE  JUSTICE  AND CHILD WELFARE SYSTEMS, ENSURE THE SAFETY AND
 WELL-BEING OF SUCH CHILDREN, AND WAYS TO ENSURE SUCH  PROGRAM  ADDRESSES
 ADVERSE IMPACTS ON MINORITY COMMUNITIES;
   (D)  A  DESCRIPTION  OF THE TRAINING THAT WILL BE PROVIDED TO DISTRICT
 AND ANY NON-DISTRICT STAFF TO  BE  USED  IN  THE  DIFFERENTIAL  RESPONSE
 PROGRAM INCLUDING, BUT NOT LIMITED TO, A DESCRIPTION OF THE TRAINING SET
 FORTH  IN  SECTION  EIGHT  HUNDRED FORTY OF THE EXECUTIVE LAW FOR POLICE
 OFFICERS WHOSE MAIN RESPONSIBILITIES ARE JUVENILES AND THE LAWS PERTAIN-
 ING THERETO; AND
   (E) A DESCRIPTION OF ANY ADDITIONAL FUNDING THAT MAY  BE  UTILIZED  TO
 ENHANCE THE DIFFERENTIAL RESPONSE PROGRAM.
   3.  (A)  ALL  RECORDS  CREATED  AS  PART  OF THE DIFFERENTIAL RESPONSE
 PROGRAM FOR CHILDREN DESCRIBED IN SUBDIVISION ONE OF THIS SECTION  SHALL
 INCLUDE,  BUT  NOT BE LIMITED TO, THE INITIAL AND ANY SUBSEQUENT REASONS
 WHY A DIFFERENTIAL RESPONSE IS RECOMMENDED FOR A CHILD, DOCUMENTATION OF
 ALL SERVICES OFFERED AND ACCEPTED BY SUCH CHILD AND  THEIR  FAMILY,  THE
 PLAN  FOR  SUPPORTIVE  SERVICES  FOR THE CHILD AND THEIR FAMILY, AND ALL
 EVALUATIONS AND ASSESSMENTS OF THE CHILD'S PROGRESS.

 S. 8685                             6
 
   (B)  RECORDS CREATED UNDER THE DIFFERENTIAL RESPONSE PROGRAM  FOR  THE
 CHILDREN  DESCRIBED  IN  SUBDIVISION  ONE OF THIS SECTION SHALL BE MAIN-
 TAINED FOR FIVE YEARS AFTER A  CHILD  IS  REFERRED  TO  A  LOCAL  SOCIAL
 SERVICES DISTRICT FOR INTERVENTION AS DESCRIBED IN THIS SECTION OR UNTIL
 THE CHILD REACHES THE AGE OF TWELVE, WHICHEVER IS SOONER.
   (C)  ALL REPORTS ASSIGNED TO, AND RECORDS CREATED UNDER, THE DIFFEREN-
 TIAL  RESPONSE  PROGRAM,  INCLUDING  BUT  NOT LIMITED TO REPORTS MADE OR
 WRITTEN AS WELL AS ANY OTHER INFORMATION OBTAINED OR  PHOTOGRAPHS  TAKEN
 CONCERNING SUCH REPORTS OR RECORDS SHALL BE CONFIDENTIAL,  SHALL BE MADE
 AVAILABLE  ONLY TO AN ENTITY LISTED BELOW WHICH HAS BEEN INVOLVED IN THE
 PARTICULAR YOUTH'S SERVICE  DELIVERY,  AND  SHALL  NOT  BE  REDISCLOSED,
 EXCEPT  AS  AUTHORIZED  PURSUANT TO SUBPARAGRAPH (VI) OF THIS PARAGRAPH,
 UTILIZING NON-IDENTIFYING AGGREGATED INFORMATION.  SUCH  ENTITIES  SHALL
 INCLUDE:
   (I)  STAFF  OF  THE OFFICE OF CHILDREN AND FAMILY SERVICES AND PERSONS
 DESIGNATED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES;
   (II)  THE SOCIAL SERVICES DISTRICT RESPONSIBLE  FOR  THE  DIFFERENTIAL
 RESPONSE  PROGRAM  FOR  CHILDREN  DESCRIBED  IN  SUBDIVISION ONE OF THIS
 SECTION;
   (III) A COMMUNITY-BASED  AGENCY THAT HAS A CONTRACT  WITH  THE  SOCIAL
 SERVICES  DISTRICT  TO  CARRY  OUT ACTIVITIES FOR THE DISTRICT UNDER THE
 DIFFERENTIAL RESPONSE PROGRAM;
   (IV)  A PROVIDER OF SERVICES UNDER THE DIFFERENTIAL RESPONSE PROGRAM;
   (V)  THE CHILD, OR TO THEIR PARENT OR LEGAL GUARDIAN, AND THE ATTORNEY
 FOR THE CHILD; AND
   (VI) THE OFFICE OF CHILDREN AND FAMILY SERVICES  AND  SOCIAL  SERVICES
 DISTRICTS FOR THE SOLE PURPOSE OF PREPARING THE REPORT REQUIRED PURSUANT
 TO SUBDIVISION FIVE OF THIS SECTION.
   4. EXPENDITURES BY A SOCIAL SERVICES DISTRICT PURSUANT TO THIS SECTION
 SHALL  BE  REIMBURSABLE  FROM  THE  ANNUAL  APPROPRIATIONS AVAILABLE FOR
 SOCIAL SERVICES DISTRICT EXPENDITURES FOR CHILD WELFARE  SERVICES  WHICH
 SHALL  INCLUDE,  BUT  NOT  BE  LIMITED  TO, PREVENTIVE SERVICES PROVIDED
 PURSUANT TO SECTION FOUR HUNDRED NINE-A OF  THIS  ARTICLE,  FUNDING  FOR
 FAMILY  SUPPORT  SERVICES  PROGRAMS AS SET FORTH IN SECTION FOUR HUNDRED
 FIFTY-EIGHT-N OF THIS ARTICLE AND SUPERVISION AND TREATMENT SERVICES FOR
 JUVENILES PROGRAM AS SET FORTH IN SECTION FIVE HUNDRED TWENTY-NINE-B  OF
 THE  EXECUTIVE  LAW.  NOTHING  SHALL PRECLUDE A SOCIAL SERVICES DISTRICT
 FROM SEEKING PRIVATE FUNDS FOR SUPPORT OF  THEIR  DIFFERENTIAL  RESPONSE
 PROGRAMS.
   5.  THE  OFFICE  OF  CHILDREN  AND FAMILY SERVICES SHALL REPORT ON THE
 DIFFERENTIAL RESPONSE PROGRAMS ESTABLISHED  PURSUANT  TO  THIS  SECTION,
 INCLUDING  THE LOCAL SOCIAL SERVICES DISTRICT'S EFFORTS TO REDUCE FUTURE
 INTERACTIONS WITH THE JUVENILE JUSTICE AND CHILD  WELFARE  SYSTEMS,  HOW
 THE  LOCAL  SOCIAL  DISTRICTS  ARE ENSURING THE SAFETY AND WELL-BEING OF
 SUCH CHILDREN, AND HOW THE PROGRAM  IS  ADDRESSING  ADVERSE  IMPACTS  ON
 MINORITY  COMMUNITIES,  ON  AN  ANNUAL BASIS BEGINNING ONE YEAR FROM THE
 START OF EVERY LOCAL SOCIAL SERVICES  DISTRICT'S  DIFFERENTIAL  RESPONSE
 PROGRAM.
   §  11.  Subdivision  1 of section 458-m of the social services law, as
 added by section 18-b of part K of chapter 56 of the laws  of  2019,  is
 amended to read as follows:
   1.  As used in this title, the term "family support services programs"
 shall mean a program established  pursuant  to  this  title  to  provide
 community-based  supportive  services  to children and families with the
 goal of (I) preventing a child from being adjudicated a person  in  need
 of supervision and help prevent the out of home placements of such youth

 S. 8685                             7
 
 or  (II)  preventing  a petition from being filed under article seven of
 the family court act, OR (III) TO HELP REDUCE  FUTURE  INTERACTION  WITH
 THE  JUVENILE  JUSTICE  AND/OR  CHILD  WELFARE SYSTEM FOR CHILDREN UNDER
 TWELVE  YEARS  OF  AGE WHOSE BEHAVIOR BUT FOR THEIR AGE WOULD BRING THEM
 WITHIN THE JURISDICTION OF THE FAMILY COURT PURSUANT TO ARTICLE THREE OF
 THE FAMILY COURT ACT.
   § 12.  Paragraph (j) of subdivision 1 of section 840 of the  executive
 law,  as  amended by chapter 617 of the laws of 1990, is amended to read
 as follows:
   (j) (1) Development, maintenance and dissemination of written policies
 and procedures pursuant to title  six  of  article  six  of  the  social
 services  law  and  applicable  provisions  of article ten of the family
 court act, regarding the mandatory reporting of child abuse or  neglect,
 reporting  procedures  and  obligations  of  persons required to report,
 provisions for taking a child into protective custody, mandatory report-
 ing of deaths, immunity from liability, penalties for failure to  report
 and  obligations  for the provision of services and procedures necessary
 to safeguard the life or health of  the  child;  (2)  establishment  and
 implementation  on  an  ongoing  basis,  of  a  training program for all
 current and new police officers regarding the  policies  and  procedures
 established  pursuant  to  this  paragraph;  and  (3) establishment of a
 training program for police officers  whose  main  responsibilities  are
 juveniles  and  the  laws  pertaining  thereto, INCLUDING CHILDREN UNDER
 TWELVE YEARS OF AGE WHOSE BEHAVIOR BUT FOR THEIR AGE  WOULD  BRING  THEM
 WITHIN THE JURISDICTION OF THE FAMILY COURT PURSUANT TO ARTICLE THREE OF
 THE  FAMILY  COURT  ACT,  which  training  program shall be successfully
 completed before such officers are accredited pursuant to section  eight
 hundred forty-six-h of this chapter.
   §  13.  This act shall take effect one year after it shall have become
 a law; provided, however, that the amendments to  subparagraph  (ii)  of
 paragraph  (a)  of subdivision 1 of section 409-a of the social services
 law made by section nine of this act shall not affect the expiration  of
 such subparagraph and shall be deemed to expire therewith.

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Senate Bill S8685

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Velmanette Montgomery