Denise's law; Youth drug and alcohol detoxification

Summary of provisions

Section 1 cites this act as Denise's Law. Section 2 states that where the court issues an emergency order for inpatient detoxification such services shall be provided in a non-secure facility certified or licensed by the OASAS to provide services for children under the age of 18. Section 3 allows a petition to requests that the court order an emergency order for the respondent to receive immediate in-patient detoxification services. Section 4 states that only a parent or other person legally responsible for the child can bring a proceeding. Section 5 allows the clerk of the court to accept a petition if it includes a request that the court issue an emergency order for the respondent to receive immediate in-patient detoxification services. Section 6 contains provisions for where a petition is filed for immediate inpatient detoxification. If the respondent is found to have met necessary measures they shall be referred for an immediate assessment by an independent certified alcohol or substance abuse counselor. Upon the completion of this assessment the court shall hold a hearing and the counselor shall make a report and determination which includes: whether the respondent appeared to be incapacitated at the time of assessment due to a chemical dependence, whether such individual is likely to harm the respondent or others unless they receive emergency detoxification services. The counselor may also recommend that services be provided in an in-patient facility. Upon conclusion allows the Court to order such necessary services. Section 7 Allows at the initial appearance of the respondent allows for additional diversion attempts following emergency in-patient or out-patient treatment. Section 8 contains provisions relating to sequence of hearings. Section 9 Allows the court as a condition of adjournment in contemplation of dismissal require the respondent to cooperate with a treatment program for chemical dependence licensed or approved by OASAS. Further establishes that a determination that the respondent is in need of treatment the court shall adjourn for a diagnostic assessment and evaluation by an independent certified alcohol and substance abuse counselor. The counselor will make a report including recommendations and facts whether the respondent is in need of

treatment, for what substance or substances, whether in-patient or out-patient is recommended as well as other information. Section 10 deals with chemical dependence evaluations. Section 11 Where the court has determined that the respondent is in need of treatment the court may direct that the respondent cooperate with a program for treatment of chemical dependence which may include in-patient, or outpatient care. Further contains provisions dealing with the selection of a program for chemical dependence. Section 12 includes children who are subject to these detoxification proceedings in a report of analysis of this program. Section 13 Includes training in the treatment and diagnosis of youth suffering from alcohol and/or substance abuse and/or chemical dependence in what constitutes minimum qualifications for counselors. Section 14 Requires that insurance coverage for treatment be provided at the inception of new policies. Further requires up to sixty outpatient visits in any calendar year as well as care for the diagnosis and treatment of chemical dependence. Further requires that each policy delivered shall provide coverage for inpatient hospital care, shall provide as part of such policy coverage for the diagnosis and treatment of chemical abuse and chemical dependence for individuals age nineteen and under when ordered by a court pursuant to Denise's Law. Section 15 Includes further requirements for inpatient and outpatient diagnosis and treatment of chemical dependence. Section 16 continues provisions requiring the coverage of chemical and substance abuse treatment. Section 17 Allows the courts to adopt rules in relation to independent alcohol and substance abuse counselors. Section 18 is Severability Section 19 is the effective date.

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. Further this bill allows the courts where possible to place a child with a participating provider as long as doing so is consistent with the best interest of the child.

Legislative history

New Bill.

Fiscal impact on the state

To be determined.

Effective date

This act shall take on the 120th day.