Summon Parents in Juvenile Cases

Existing law

There is no existing requirement that summonses be issued to non-custo- dial parents of juveniles subject to juvenile delinquency petitions.

Justification

Just as in child abuse, child neglect, and persons in need of super- vision (PINS) proceedings, so too, in juvenile delinquency proceedings a child's non-custodial parent may be a critical player in achieving an appropriate disposition. Sometimes a non-custodial parent or his or her extended family may provide vital placement resources for a child, both temporarily during the pendency of the action and on a more extended basis at disposition, or may at the very least provide helpful partic- ipation that may positively influence the dhild's behavior. However, unlike the statutory provisions applicable to child protective and PINS proceedings, the Family Court Act contains no mandate to even notify non-custodial parents of, let alone engage them in resolving, their children's juvenile delinquency proceedings. This measure would fill that gap.

Supplementing the existing requirement for a summons to be issued in juvenile delinquency cases upon an accused juvenile's parent or other legally responsible person, this measure would provide that a summons would also be issued for the juvenile's non-custodial parent or parents, if any. The local probation department that generally interviews parties at the outset for adjustment purposes, as well as the presentment agen- cy, would be charged with the responsibility of asking the custodial parent for the necessary contact information for parents other than those already notified. The presentment agency would be required to serve the summons, along with a copy of the petition, upon the non-cus- todial parent or parents either personally at least 24 hours prior to the date indicated for appearance or by mail at least five days before the appearance date. Consistent with Family Court Act section 341.2(3), however, failure of the notified parent to appear in court would not be grounds to delay the proceedings.

The importance of notifying and involving all of the parents in a juve- nile delinquency proceeding is underscored by the applicability of the mandates of the federal Adoption and Safe Families Act (Public Law 10589) to juvenile delinquency cases. Most recently, in reauthorizing the federal Juvenile Justice and Delinquency Prevention Act as part of the 21st Century Department of Justice Appropriations Act, Congress mandated compliance with the ASFA strictures in juvenile delinquency cases, not only for eligibility for federal Title IV-E foster care reimbursement, but also as a prerequisite to states' receipt of federal juvenile justice funding. Significantly, these requirements include not only the judicial findings, but also the requirements for development and review of ease plans with the participation of the child's parents (see 42 USC sections 671, 675, 5633(28)).

Incorporating ASFA mandates into New York's juvenile delinquency stat- ute, sections 307.4(8) and 320.5(5) of the Family Court Act requires the Court to determine at the time detention is ordered whether the juve- nile's retention in the home would be contrary to his or her best inter- ests and whether reasonable efforts, if appropriate, had been made to prevent or eliminate the need for the juvenile's removal from home and to make it possible for the juvenile to return home. As was underscored by New York's unsuccessful performance in the recent federal Title IV-E audit, particularly in juvenile delinquency cases, if these findings are not made on a timely basis at the outset of a child's detention, even though detention facilities are not Title IV-E eligible, New York State will not be able to receive any federal funding for the juvenile even if he or she is ultimately placed in a IV-E eligible program. Similar find- ings must be made at the dispositional stage as a prerequisite to place- ment in programs for which federal reimbursement under Title IV-E may be available, Additionally, periodic permanency hearings must be held, similar to those in child protective proceedings, at which further "reasonable efforts" and "contrary to the best interests" findings must be made (see Family Court Act sections 352.2(2)(b), 355.5).

Clearly, where involvement of non-custodial parents and through them, their extended family, may make it possible for a juvenile to avoid or shorten a foster care placement or may further prompt achievement of the juvenile's permanency goal, New York State's compliance with ASFA would be enhanced. Equally, if not more important, engagement of a juvenile's entire family in addressing his or her delinquent conduct furthers the Family Court's capacity to fulfill its statutory duty under Family Court Act sections 301.1 and 352.2(2)(a) to formulate dispositions responsive to both the needs and best interests of the juvenile and the need for community protection.

Legislative history

2015-16: A4537 Referred to Children and Families

2013-14: A3071 Referred to Children and Families

2011-12: A2480 Referred to Children and Families

2009-10: A2588 Referred to Children and Families

Fiscal implications

None

Local fiscal implications

None

Effective date

This act shall take effect on the ninetieth day after it shall have become a law.