Denise's law; Youth drug and alcohol detoxification

7 Co-sponsors

• Annette Robinson
• Felix Ortiz
• Earlene Hooper
• Nelson Castro
• Carmen E. Arroyo
• Aileen Gunther
• Adriano Espaillat

25 Multi-sponsors

• William Boyland
• Daniel Burling
• Nancy Calhoun
• James Conte
• Vivian Cook
• Clifford Crouch
• Francine DelMonte
• Joseph Errigo
• Gary Finch
• Dennis H. Gabryszak
• Sandy Galef
• Vanessa Gibson
• Joseph Giglio
• William Magee
• Margaret Markey
• Nettie Mayersohn
• David McDonough
• Thomas McKevitt
• Grace Meng
• Michael G. Miller
• Audrey Pheffer
• Robert Reilly
• Joseph Saladino
• Teresa Sayward
• David Townsend

BILL NUMBER:A9523B

Title of bill

An act to amend the family court act, in relation to youth drug and alcohol detoxification; and to amend the insurance law, in relation to providing benefits for treatment of chemical dependency in certain health insurance plans

Purpose or general idea of bill

To create Denise's law, which would allow approved applicants to petition the court to have youths enrolled into a drug addiction program. The bill further requires health insur- ance plans to cover the cost of such programs.

Summary of specific provisions

Creates Denise's Law. Adds a new arti- cle 10-B to the family court act to allow for approved applicants to petition the court to allow a youth to be placed into a drug abuse and drug detoxification program. Requires a judge, if satisfied on reason- able grounds, to issue a warrant and cause the youth to be taken to a physician where the youth may be detained and examined, this section allows the petitioner to be named as executor of the warrant.

States that every assessed youth shall be informed of their reason for apprehension, and shall be entitled to receive a copy of the order. A physician will be responsible for examining the youth as soon as reason- ably practible and within 24 hours of the youth's apprehension. After such examination a physician may issue a detoxification order to detain the youth in a detoxification facility. Such order shall be made only if the physician feels the youth is suffering from severe drug addiction or drug abuse and requires detention, is likely to cause harm to themselves or others, or is suffering substantial mental or physical deterioration. Also the youth would need to be unable to fully understand and be unable to make informed decisions respecting their need to detoxify and stabi- lize, or are unwilling to take steps to begin recovery from drug abuse or addiction. An assessed youth or a person on their behalf may appeal the decision.

Provisions of this bill also require health insurers to cover the costs of such treatments.

Justification

Suffolk County has been. in the news and on television because of the high incidence of heroin and drug related deaths. On July 16, 2008, Denise M. Gerardi, age 19, passed away due to a drug overdose. Denise's loss of life is tragic and shows the grave issues that have arisen with a growing drug addiction problem on Long Island and through- out New York. Sachem High School East and many other schools on Long Island have formed committees to look into ways to prevent the tragic loss of life so that other families can help prevent future tragedies from occurring. Drug addiction among youths is a grave concern to all. Parents feel helpless and often do not know what to do when facing this situation. Under current law, a youth can decline and refuse any attempts at help. This legislation allows parents to take control of the situation and get the help sorely needed for the child. This legislation allows a parent to petition the court to have their child assessed by a

physician to determine whether or not detoxification would assist in helping the youth fight their drug addiction.

Prior legislative history

New Bill.

Fiscal implications

To be determined.

Effective date

This act shall take immediately.