Relates to substance use disorder and involuntary treatment services for minors

8 Co-sponsors

• Fredrick J. Akshar II
• Phil Boyle
• Simcha Felder
• Terrence P. Murphy
• Michael F. Nozzolio
• Thomas F. O'Mara
• Robert Ortt
• Catharine Young

BILL NUMBER:S3237

Title of bill

An act to amend the family court act, in relation to involuntary treatment services for minors

Purpose or general idea of bill

To address the concern of substance abuse in minors by amending the family court act to allow for assessment and treatment services for substance use disorders.

Summary of specific provisions

Section 1 amends and adds three new subdivisions of section 712 of the family court act, to include persons under eighteen years old who have substance use disorders, as those who can be adjudicated under the family court act and creates an assessment for substance use disorder and can recommend substance abuse treatment services. Sets definitions for "substance use disorder," "assessment of substance use disorder," and "substance use treatment services."

Section 2 amends subdivision (c) of the family court act to authorize the designated lead agency to determine whether an assessment for substance use disorder is necessary.

Section 3 amends subdivision 1 of section 754 of the family court act for consistency with existing procedures.

Section 4 amends subdivisions (a) and (b) of the section 756 of the family court act to provide reasonable time limits for substance use treatment services.

Section 5 creates new section 756-b of the family court act to allow for a petition for extension of placement for substance use treatment services.

Section 6 amends section 764 of the family court act authorizes the parents of the respondent minor to terminate such placement, consistent with existing procedures.

Section 7 amends section 765 of the family court act for answers to petitions, consistent with existing procedures.

Section 8 amends section 767 of the family court act for orders on hearings, consistent with existing procedures.

Section 9 sets the effective date.

Justification

Family courts have seen a rise in substance use among young people, especially with the recent escalation of the heroin and opioid abuse being reported in New York State. As a result, juveniles are coming into the courts struggling with addictions that can be complex and often require substance use treatment services. Because the stress of addiction can often be compounded by the pressures of school and peers during adolescence, diversion of drug abuse is especially important

for young people and it needs to be approached comprehensively by the courts.

Under this proposal, children under the age of 18 who are in Family Court and who are determined to suffer from a substance abuse problem can be placed by the court in a substance abuse treatment services program.

Prior legislative history

S.7652-A (2014)

Fiscal implications

None to the State.

Effective date

This act shall take effect on the 90th day. Effective immediately, any rules or regulations necessary for the implementation of this act on its effective date may be promulgated prior to such effective date.