Skip to content
S6361Senate2009-2010 SessionSame asA9523

Denise's law; Youth drug and alcohol detoxification

Sponsor Brian X. FoleySD-3Affects Legal
Status
Stricken
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Judiciary

What's happening

Writing a plain-English summary… Track this bill to get it by email.

Why it matters

The daily · weekday mornings

Albany, before your first meeting.

Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.

Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.

Who cares

Headline styles

Sponsors

Primary sponsor
Brian X. Foley

Senator · Senate District 3

No co-sponsors yet.

History

  1. Recommit, enacting clause stricken
  2. Notice of committee consideration - requested
  3. Print number 6361b
  4. Amend and recommit to judiciary
  5. Print number 6361a
  6. Amend and recommit to judiciary
  7. Referred to judiciary
  8. Referred to rules

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A9523Assembly

Denise's law; Youth drug and alcohol detoxification

In Assembly Committee · Judiciary · Sponsor Ginny Fields

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

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

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

Summary of provisions

Creates Denise's Law. Adds a new article 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 reasonable grounds to issue a warrant and cause the youth to be taken to a credentialed alcoholism and drug abuse counselor 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 credentialed alcoholism and substance abuse counselor will be responsible for examining the youth as soon as reasonably practible and within 24 hours of the youth's apprehension. After such examination a credentialed alcoholism and drug abuse counselor may issue a detoxification order to detain the youth in a detoxification facility. Such order shall be made only if the credentialed. alcoholism and substance abuse counselor feels the youth is suffering from 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 stabilize, 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 requires health insurers to cover the costs of such treatments.

Justification

On July 16, 2008 Denise M. Gerardi passed away of an accidental 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 throughout New York. Sachem High School East has formed a committee to look into ways to prevent the tragic loss of life so that other families can help prevent future tragedies from occurring. Drug addiction amongst youths is a grave concern to all. All parents feel helpless and often do not know what to do with facing this situation. Under current law a youth can fight and refuse any attempts at help. This legislation allows parents to take control of the situation and get the help for the children that is sorely needed. This legislation allows a parent to petition the court to have their child assessed by a credentialed alcoholism and substance abuse counselor to determine whether or not detoxification would assist in helping the youth fight their drug addiction.

Legislative history

New Bill.

Fiscal impact on the state

To be determined.

Effective date

This act shall take January 1st next succeeding the date it becomes a law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.