Relates to assessment services for youth alleged to be suffering from substance use disorder

BILL NUMBER:S7051

Title of bill

An act to amend the family court act, in relation to assessment services for youth alleged to be suffering from substance use disorder

Purpose of Bill:

This legislation would provide that a youth alleged to be suffering from substance use disorder may receive an assessment for such disorder as part of Person in Need of Supervision (PINS) diversion services.

Summary of Provisions:

Section 1 amends the definition of "diversion services" in section 712 of the Family Court Act (FCA) § 712 to specify that such services, in cases where when the petitioner alleges the child has a substance use disorder or is in need of immediate detoxification or substance use disorder services, may include assessment for substance use disorder. The section also adds new subsections to define "substance use disorder" and related terms.

Section 2 amends FCA § 735 to allow the designated lead agency for the purpose of providing PINS diversion services (either the local social services district or the local probation department) to determine whether an assessment for substance use disorder by an Office of Alcoholism and Substance Abuse Services (OASAS) certified provider of services is necessary in cases where the youth is alleged to be suffering from a substance use disorder which could make the youth a danger to himself or herself or others. The section requires OASAS to make available a list of certified treatment providers to designated lead agencies. It also provides that the designated lead agency shall not be required to pay for an assessment for substance use disorder or related services, except in cases where Medicaid may be used to pay for such assessment or services.

Section 3 provides for an effective date 180 days after the bill becomes law.

Existing Law:

Youth and their families can access a variety of services through the PINS diversion process. However, FCA § 712 does not expressly mention that assessment for substance use disorder services can be provided through the PINS diversion process.

Legislative History:

This is a new bill.

Statement in Support:

Substance use disorder among youth, which may include the use of alcohol, heroin, prescription drugs, and increasingly, synthetic drugs, is a major concern. This bill clarifies that the existing PINS diversion process is an option available for families who have a child

who may be suffering from a substance use disorder, in order to have a neutral third party intercede at what could be a critical point in the progression of a life-threatening disease.

Some parents or guardians of children who abuse drugs or alcohol desire the intervention of an external authority and/or an assessment as to whether their child has a substance use disorder. This proposal would explicitly include language in Article 7 of the FCA to provide that substance use disorder services may be utilized as part of the PINS diversion process. This bill would facilitate use of the existing PINS process as a means through which youth can be assessed for a substance use disorder. The assessment also may impress upon youth that serious harm could result from continuing use of drugs or alcohol.

Budget Implications:

None.

Effective Date:

This bill takes effect in 180 days.