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History
- Committee discharged and committed to rules
- Notice of committee consideration - requested
- Referred to children and families
- Referred to children and families
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.
Requires probation, investigation and diagnostic assessment of certain juvenile delinquents with discernible handicapping conditions prior to dispositional hearings
In Assembly Committee · Children And Families · Sponsor David Gantt
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S2764
Title of bill
An act to amend the family court act, in relation to probation, investigation and diagnostic assessment of juvenile delinquents or any other juvenile delinquent whom the court reasonably finds, on the record, to have a demonstrable need for a remediation of a discernible handicapping condition
Purpose or general idea of bill
To enable the court system to identify youths with learning and developmental disabilities at an early intercept point and to enhance the courts' ability to deal with these problems.
Read the full memo (738 words)
Summary of specific provisions
To amend section 351.1 of the Family Court Act, which pertains to Juvenile Delinquency (a juvenile delinquent being defined as an individual between the ages of seven and fifteen who has been found guilty in Family Court of an act that would constitute a crime if perpetrated by an adult.)
A.) Adds to subsection 1 that the felony requirement before affecting an action by assessment with the phrase: "or any other juvenile delinquent whom the court reasonably finds, on the record, to have a demonstrable need for a remediation of a discernible handicapping condition."
B.) Adds to sub-section 2, at the end, "The diagnostic assessment shall be completed by an interdisciplinary team, consisting of, but not limited to, a psychologist, a social worker, a special educator, a physician, and a law guardian and/or legal counsel."
C.) Family Court Act -- section 353.4, sub-section 1 changes the law to "or the commissioner of mental health or the commissioner of mental retardation and developmental disabilities consistent with placement provisions as outlined in chapter seven hundred fifty-seven of the laws of nineteen hundred eighty-seven, chapter five hundred sixty-three of the laws of nineteen hundred eighty and article eighty-one of the education law, and/or any voluntary or not-for-profit agency licensed under these provisions of law not inconsistent with the rules and regulations governing the placement of clients." In sub-section 1, "the office for people with" is added to describe the commissioner of developmental disabilities.
D.) section 353.4, sub-section 4 -- changes the law to include "the interdisciplinary team established in subdivision three of section 351.1 of this part."
E.) Where the division for youth is mentioned, the following language is added, "office of children and family services."
Justification
Amendments to section 351 of the Family Court Act would allow for the development of an interdisciplinary team that will accept referrals from family court judges prior to a dispositional hearing. These
amendments will allow judges to refer custody through various state agencies for placement into programs under protocol and funding provisions currently in state law. Under current law, family court judges are not required to have assessments undertaken for a youth suspected of manifesting developmental and learning disabilities, mental illness and/or mental retardation.
Moreover, probation departments currently lack the expertise to conduct referrals or to interpret information gathered for a family court judge.
Recent studies have shown that very large numbers of the youths petitioned into family court (up to 70%) have some type of mental or developmental handicap. Implementation of early interception programs in areas where they can be used to assist these individuals would help stop the steady stream of young people that are slipping through the cracks in the system.
This bill seeks to emphasize the developing role and the capacity of the probation system in linking treatment, habilitation, rehabilitation, and education programs to youth at the dispositional hearing stage when appropriate. Numerous studies indicate that the current process of placing these youths is neither cost-effective nor programmatically effective, since many youths are institutionalized within the juvenile justice system without the opportunity to receive employable skills or appropriate services. The interdisciplinary team would provide the probation system with the essential tools to reasonably determine the needs of youth for mental health, mental retardation, and developmental disabilities and other services before they become caught up in the juvenile justice system.
The cost of the interdisciplinary team would dramatically lessen the costs to the state for inappropriate placements and in many cases the need for institutionalization. Funding provisions for such placements are outlined in Chapter 563 of the laws of 1980.
Legislative history
Senate 2009-10: S.7251 - Referred to Children and Families
Assembly 2009-10: A.2406(Gantt) - Referred to Children and Families
Fiscal implications for state and local governments
Undetermined.
Effective date
This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.