What's happening
This bill expands requirements for probation investigations and diagnostic assessments for juvenile delinquents with disabilities and updates procedures for their placement and evaluation.
Why it matters
Broadens mandatory assessments. The bill requires probation investigations and diagnostic assessments not only for juveniles charged with designated felonies, but also for any juvenile delinquent whom the court finds may have a discernible disability needing remediation, ensuring more young people with potential disabilities receive thorough evaluation.
Mandates interdisciplinary assessment teams. Instead of relying solely on physicians, diagnostic assessments must now be conducted by an interdisciplinary team—including a psychologist, social worker, special educator, physician, and legal counsel—bringing a wider range of expertise to decisions about juveniles’ needs and placements.
Expands placement options and oversight. Courts are given more flexibility in placing juveniles with mental health or developmental disabilities, allowing placements with state or local agencies, mental health or developmental disability commissioners, or licensed nonprofits. This could improve access to specialized care and support, but also increases the complexity of oversight and coordination.
Raises evidentiary standards for placement. Orders for placement in specialized settings now require clear and convincing evidence from the full interdisciplinary team, not just two physicians, which may help ensure more robust, multi-faceted evaluations before a young person is removed from their home or community.
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Who cares
Headline styles
Assess Juveniles With Disabilities
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to children and families
- Referred to children and families
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2567
2019-2020 Regular Sessions
IN SENATE
January 28, 2019
Introduced by Sen. BAILEY -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families
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
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 351.1 of the family court act, as amended by chapter 398 of the laws of 1983, is amended to read as follows:
1. Following a determination that a respondent has committed a designated felony act 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 and prior to the dispositional hearing, the judge shall order a probation investigation and a diagnostic assessment. For the purposes of this article, the probation investigation shall include, but not be limited to, the history of the juvenile including previous conduct, the family situation, any previous psychological and psychiatric reports, school adjustment, previous social assistance provided by voluntary or public agencies and the response of the juvenile to such assistance. For the purposes of this article, the diagnostic assessment shall include, but not be limited to, psychological tests and psychiatric interviews to determine mental capacity and achievement, emotional stability and mental disabilities. It shall include a clinical assessment of the situational factors that may have contributed to the act or acts. When feasible, expert opinion shall be rendered as to the risk presented by the juvenile to others or himself, with a recommendation as to the need for a restrictive placement.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00725-01-9
S. 2567 2
§ 2. Subdivision 3 of section 351.1 of the family court act, as added by chapter 920 of the laws of 1982, is amended to read as follows:
3. A child shall not be placed in accord with section 353.3 unless the court has ordered a probation investigation prior to the dispositional hearing; a child shall not be placed in accord with section 353.4 unless the court has ordered a diagnostic assessment prior to such hearing. 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.
§ 3. Subdivisions 1 and 4 of section 353.4 of the family court act, subdivision 1 as amended by chapter 37 of the laws of 2016 and subdivision 4 as added by chapter 920 of the laws of 1982, are amended to read as follows:
1. If at the conclusion of the dispositional hearing and in accordance with section 352.2 of this act the court finds that the respondent has a mental illness, or intellectual or developmental disability, as defined in section 1.03 of the mental hygiene law, which is likely to result in serious harm to himself or herself or others, the court may issue an order placing such respondent with the office of children and family services or, with the consent of the local commissioner, with a local commissioner of social services, or the commissioner of mental health or the commissioner of developmental disabilities consistent with placement provisions as outlined in chapter seven hundred fifty-seven of the laws of nineteen hundred seventy-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. Any such order shall direct the temporary transfer for admission of the respondent to the custody of either the commissioner of mental health or the commissioner of developmental disabilities who shall arrange the admission of the respondent to the appropriate facility of the department of mental hygiene. The director of a hospital operated by the office of mental health may, subject to the provisions of section 9.51 of the mental hygiene law, transfer a person admitted to the hospital pursuant to this subdivision to a residential treatment facility for children and youth, as that term is defined in section 1.03 of the mental hygiene law, if care and treatment in such a facility would more appropriately meet the needs of the respondent. Persons temporarily transferred to such custody under this provision may be retained for care and treatment for a period of up to one year and whenever appropriate shall be transferred back to the office of children and family services pursuant to the provisions of section five hundred nine of the executive law or transferred back to the local commissioner of social services. Within thirty days of such transfer back, application shall be made by the office of children and family services or the local commissioner of social services to the placing court to conduct a further dispositional hearing at which the court may make any order authorized under section 352.2 of this act, except that the period of any further order of disposition shall take into account the period of placement hereunder. Likelihood to result in serious harm shall mean (a) substantial risk of physical harm to himself or herself as manifested by threats or attempts at suicide or serious bodily harm or other conduct demonstrating he or she is dangerous to himself or herself or (b) a substantial risk of physical harm to other persons as manifested by homicidal or other violent behavior by which others are placed in reasonable fear of serious bodily harm.
S. 2567 3
4. No order of disposition placing the respondent in accordance with this section shall be entered except upon clear and convincing evidence which shall include the testimony of [two examining physicians as provided in section two hundred fifty-one] the interdisciplinary team established in subdivision three of section 351.1 of this part.
§ 4. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the family court act, in relation to probation, investigation and diagnostic assessment of juvenile delin- quents 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 develop- mental disabilities at an early intercept point and to enhance the courts, ability to deal with these Problems.
Summary of specific provisions
To amend section 351.1 of the Family Court Act, which pertains to Juve- nile Delinquency (a juvenile delinquent being defined as an individual between the ages of seven and fifteen who has been found guilty in Fami- ly Court of an act that would constitute a crime if perpetrated by an adult.)
Read the full memo (750 words)
A.) Adds to subsection I 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 limit- ed 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 educa- tion law, and/or any voluntary or not-for-profit acency 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 cf 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 devel- opmental and learning disabilities, mental illness and/or mental retar- dation.
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 peti- tioned into family court (up to 7095) have some type of mental or devel- opmental 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 plac- ing these youths is neither cost-effective nor programmatically effec- tive, 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
2015-16: 8.2046/A.1228(Gantt) -Referred to Children and Families 2017-13: S.3348/A.1034(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.