Bill Text: NY A02594 | 2009-2010 | General Assembly | Introduced


Bill Title: An act to amend the family court act and the executive law, in relation to the county of Monroe establishing a limited secure placement facility for juveniles; and providing for the repeal of such provisions upon expiration thereof

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - referred to children and families [A02594 Detail]

Download: New_York-2009-A02594-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2594
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 21, 2009
                                      ___________
       Introduced  by M. of A. GANTT -- read once and referred to the Committee
         on Children and Families
       AN ACT to amend the family court act and the executive law, in  relation
         to the county of Monroe establishing a limited secure placement facil-
         ity  for  juveniles;  and  providing for the repeal of such provisions
         upon expiration thereof
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Section 340.2 of the family court act, as added by chapter
    2  920 of the laws of 1982, subdivision 3 as amended by chapter 173 of  the
    3  laws of 1999, is amended to read as follows:
    4    S  340.2.  Presiding judge. 1. The judge who presides at the commence-
    5  ment of the fact-finding hearing shall continue to  preside  until  such
    6  hearing  is  concluded  and  an  order entered pursuant to section 345.1
    7  unless a mistrial is declared.
    8    2. The judge who presides at the fact-finding hearing  or  accepts  an
    9  admission  pursuant  to  section 321.3 shall preside at any other subse-
   10  quent hearing in the proceeding, including but not limited to the dispo-
   11  sitional hearing.
   12    3. Notwithstanding the provisions of subdivision two, the rules of the
   13  family court shall provide for  the  assignment  of  the  proceeding  to
   14  another judge of the court when the appropriate judge cannot preside:
   15    (a)  by  reason  of illness, disability, vacation or no longer being a
   16  judge of the court in that county; or
   17    (b) by reason of removal from the proceeding due to bias, prejudice or
   18  similar grounds; or
   19    (c) because it is not practicable for the judge to preside.
   20    4.   NOTWITHSTANDING THE PROVISIONS  OF  SUBDIVISION  TWO,  ANY  JUDGE
   21  PRESIDING IN THE JUVENILE MATTERS PART OF THE MONROE COUNTY FAMILY COURT
   22  MAY  PRESIDE OVER ANY MATTERS RELATED TO A JUVENILE DELINQUENCY PROCEED-
   23  ING, INCLUDING MATTERS AFFECTING DISPOSITIONS IMPOSED BY ANOTHER JUDGE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05639-01-9
       A. 2594                             2
    1    5. The provisions of this section shall not be waived.
    2    S  2. Section 355.4 of the family court act is amended by adding a new
    3  subdivision 6 to read as follows:
    4    6. WHEN A RESPONDENT IS PLACED AT THE MONROE COUNTY  JUVENILE  JUSTICE
    5  CENTER  THROUGH  THE  OFFICE OF CHILDREN AND FAMILY SERVICES, THE MONROE
    6  COUNTY JUVENILE JUSTICE CENTER SHALL  POSSESS  THE  CONSENT  TO  PROVIDE
    7  ROUTINE  MEDICAL,  DENTAL  AND  MENTAL  HEALTH SERVICES AND TREATMENT AS
    8  GRANTED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES PURSUANT  TO  THIS
    9  SECTION.
   10    S  3.  Section  501  of the executive law is amended by adding two new
   11  subdivisions 3-a and 4-a to read as follows:
   12    3-A. TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH  THE  COUNTY  OF
   13  MONROE  FOR  SUCH  COUNTY  TO  ESTABLISH, OPERATE AND MAINTAIN A LIMITED
   14  SECURE PLACEMENT FACILITY.
   15    4-A. TO INSPECT AND CERTIFY THE MONROE COUNTY JUVENILE JUSTICE  CENTER
   16  LIMITED SECURE PLACEMENT FACILITY.
   17    S  4. Subdivision 1 of section 505 of the executive law, as amended by
   18  chapter 465 of the laws of 1992, is amended and a new subdivision  4  is
   19  added to read as follows:
   20    1.  There  shall  be  a facility director of each [division for youth]
   21  OFFICE OF CHILDREN AND FAMILY SERVICES facility. Such facility  director
   22  shall  be  appointed  by  the  [director] COMMISSIONER of the [division]
   23  OFFICE OF CHILDREN AND FAMILY SERVICES and shall be  in  the  noncompet-
   24  itive  class  and  designated  as confidential as defined by subdivision
   25  two-a of section forty-two of the civil service law. The facility direc-
   26  tor shall have two years  experience  in  appropriate  titles  in  state
   27  government.  Such facility director shall have such other qualifications
   28  as may be prescribed by the [director] COMMISSIONER  of  the  [division]
   29  OFFICE  OF CHILDREN AND FAMILY SERVICES, based on differences in duties,
   30  levels of responsibility, size and character of the facility, knowledge,
   31  skills and abilities required, and other factors affecting the  position
   32  and  shall  serve  at the pleasure of the [director] COMMISSIONER of the
   33  [division] OFFICE OF CHILDREN AND FAMILY SERVICES,  EXCEPT  AS  PROVIDED
   34  FOR IN SUBDIVISION FOUR OF THIS SECTION.
   35    4.  THE DIRECTOR OF THE MONROE COUNTY JUVENILE JUSTICE CENTER SHALL BE
   36  APPOINTED BY THE MONROE COUNTY DIRECTOR OF SOCIAL SERVICES.
   37    S 5. Article 19-G of the executive law is  amended  by  adding  a  new
   38  title 2-A to read as follows:
   39                                  TITLE 2-A
   40                    MONROE COUNTY JUVENILE JUSTICE CENTER
   41  SECTION 509-A. MONROE COUNTY JUVENILE JUSTICE CENTER ESTABLISHED.
   42          509-B. DEFINITIONS.
   43          509-C. JUVENILE JUSTICE CENTER SPECIFICATIONS.
   44          509-D. EQUAL  EMPLOYMENT  OPPORTUNITIES  FOR MINORITY AND WOMEN-
   45                   OWNED BUSINESS ENTERPRISES.
   46          509-E. PREVAILING WAGE REQUIREMENTS.
   47          509-F. JUVENILE PROBATION INVESTIGATION AND  DIAGNOSTIC  ASSESS-
   48                   MENT.
   49          509-G. SUBSTANCE AND ALCOHOL ABUSE TREATMENT OF JUVENILES.
   50          509-H. HEALTH SERVICES AND EDUCATION.
   51          509-I. EDUCATIONAL COMPONENTS OF THE JUVENILE JUSTICE CENTER.
   52          509-J. JUVENILE JUSTICE CENTER OVERSIGHT.
   53          509-K. STATE REIMBURSEMENT OF FUNDS.
   54    S  509-A.  MONROE  COUNTY  JUVENILE JUSTICE CENTER ESTABLISHED. MONROE
   55  COUNTY SHALL OPERATE AND MAINTAIN A LIMITED SECURE FACILITY TO BE  KNOWN
       A. 2594                             3
    1  AS THE MONROE COUNTY JUVENILE JUSTICE CENTER, FOR THE PLACEMENT OF JUVE-
    2  NILE  DELINQUENTS PLACED WITH THE OFFICE OF CHILDREN AND FAMILY SERVICES
    3  BY THE MONROE COUNTY FAMILY COURT.
    4    S  509-B. DEFINITIONS. FOR PURPOSES OF THIS TITLE, THE FOLLOWING WORDS
    5  SHALL HAVE THE FOLLOWING MEANINGS:
    6    1. "CENTER" SHALL MEAN THE MONROE COUNTY JUVENILE JUSTICE CENTER.
    7    2. "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF THE OFFICE  OF  CHIL-
    8  DREN AND FAMILY SERVICES.
    9    3.  "DIRECTOR"  SHALL  MEAN THE DIRECTOR OF THE MONROE COUNTY JUVENILE
   10  JUSTICE CENTER APPOINTED PURSUANT TO SUBDIVISION FOUR  OF  SECTION  FIVE
   11  HUNDRED FIVE OF THIS CHAPTER.
   12    S  509-C. JUVENILE JUSTICE CENTER SPECIFICATIONS. THE JUVENILE JUSTICE
   13  CENTER ESTABLISHED PURSUANT TO SECTION FIVE HUNDRED NINE-A OF THIS TITLE
   14  SHALL CONSIST OF THE FOLLOWING:
   15    1. NO MORE THAN SIXTY BEDS TO BE USED  FOR  JUVENILES  WHO  HAVE  BEEN
   16  PLACED IN THE JUVENILE JUSTICE CENTER; AND
   17    2.  NO  MORE  THAN  SEVENTY-FIVE BEDS TO BE USED FOR JUVENILES WHO ARE
   18  BEING DETAINED AT THE JUVENILE JUSTICE CENTER AND ARE AWAITING PLACEMENT
   19  OR ADJUDICATION.
   20    S 509-D. EQUAL EMPLOYMENT OPPORTUNITIES FOR MINORITY  AND  WOMEN-OWNED
   21  BUSINESS ENTERPRISES. 1. ALL CONTRACTS ENTERED INTO BY THE CENTER PURSU-
   22  ANT  TO  THIS TITLE OF WHATEVER NATURE AND ALL DOCUMENTS SOLICITING BIDS
   23  OR PROPOSALS THEREFOR SHALL CONTAIN OR MAKE REFERENCE TO  THE  FOLLOWING
   24  PROVISIONS:
   25    (A)  THE  CONTRACTOR WILL NOT DISCRIMINATE AGAINST EMPLOYEES OR APPLI-
   26  CANTS FOR EMPLOYMENT BECAUSE OF RACE,  CREED,  COLOR,  NATIONAL  ORIGIN,
   27  SEX,  AGE, DISABILITY, OR MARITAL STATUS, AND WILL UNDERTAKE OR CONTINUE
   28  EXISTING PROGRAMS OF AFFIRMATIVE ACTION TO ENSURE  THAT  MINORITY  GROUP
   29  PERSONS AND WOMEN ARE AFFORDED EQUAL OPPORTUNITY WITHOUT DISCRIMINATION.
   30  SUCH PROGRAMS SHALL INCLUDE, BUT NOT BE LIMITED TO, RECRUITMENT, EMPLOY-
   31  MENT,  JOB ASSIGNMENT, PROMOTION, UPGRADING, DEMOTION, TRANSFER, LAYOFF,
   32  TERMINATION, RATES OF PAY OR OTHER FORMS OF COMPENSATION, AND  SELECTION
   33  FOR  TRAINING  AND  RETRAINING,  INCLUDING APPRENTICESHIP AND ON-THE-JOB
   34  TRAINING.
   35    (B) THE CONTRACTOR SHALL REQUEST EACH EMPLOYMENT AGENCY, LABOR  UNION,
   36  OR  AUTHORIZED  REPRESENTATIVE OF WORKERS WITH WHICH IT HAS A COLLECTIVE
   37  BARGAINING OR OTHER AGREEMENT OR UNDERSTANDING AND WHICH IS INVOLVED  IN
   38  THE  PERFORMANCE  OF  THE  CONTRACT WITH THE CENTER TO FURNISH A WRITTEN
   39  STATEMENT THAT SUCH EMPLOYMENT AGENCY,  LABOR  UNION  OR  REPRESENTATIVE
   40  SHALL  NOT  DISCRIMINATE BECAUSE OF RACE, CREED, COLOR, NATIONAL ORIGIN,
   41  SEX, AGE, DISABILITY OR MARITAL STATUS AND THAT SUCH UNION OR  REPRESEN-
   42  TATIVE  WILL  COOPERATE  IN THE IMPLEMENTATION OF THE CONTRACTOR'S OBLI-
   43  GATIONS HEREUNDER.
   44    (C) THE CONTRACTOR SHALL STATE, IN ALL SOLICITATIONS OR ADVERTISEMENTS
   45  FOR EMPLOYEES PLACED BY OR ON BEHALF OF THE CONTRACTOR IN  THE  PERFORM-
   46  ANCE  OF THE CONTRACT WITH THE CENTER THAT ALL QUALIFIED APPLICANTS WILL
   47  BE AFFORDED EQUAL EMPLOYMENT OPPORTUNITY WITHOUT DISCRIMINATION  BECAUSE
   48  OF  RACE, CREED, COLOR, NATIONAL ORIGIN, SEX, AGE, DISABILITY OR MARITAL
   49  STATUS.
   50    (D) THE CONTRACTOR WILL INCLUDE THE PROVISIONS OF THIS SUBDIVISION AND
   51  SUBDIVISIONS TWO AND THREE OF  THIS  SECTION  IN  EVERY  SUBCONTRACT  OR
   52  PURCHASE  ORDER  IN  SUCH  A MANNER THAT SUCH PROVISIONS WILL BE BINDING
   53  UPON EACH SUBCONTRACTOR OR VENDOR AS TO ITS WORK IN CONNECTION WITH  THE
   54  CONTRACT WITH THE CENTER.
   55    2.  THE  COUNTY SHALL ESTABLISH MEASURES, PROCEDURES AND GUIDELINES TO
   56  ENSURE THAT CONTRACTORS AND SUBCONTRACTORS UNDERTAKE MEANINGFUL PROGRAMS
       A. 2594                             4
    1  TO EMPLOY AND PROMOTE QUALIFIED MINORITY GROUP MEMBERS AND  WOMEN.  SUCH
    2  PROCEDURES   MAY  REQUIRE  AFTER  NOTICE  IN  A  BID  SOLICITATION,  THE
    3  SUBMISSION OF A MINORITY AND WOMEN WORKFORCE UTILIZATION  PROGRAM  PRIOR
    4  TO THE AWARD OF ANY CONTRACT, OR AT ANY TIME THEREAFTER, AND MAY REQUIRE
    5  THE  SUBMISSION  OF  COMPLIANCE  REPORTS  RELATING  TO THE OPERATION AND
    6  IMPLEMENTATION OF ANY WORKFORCE UTILIZATION PROGRAM  ADOPTED  HEREUNDER.
    7  THE  COUNTY  SHALL TAKE APPROPRIATE ACTION, INCLUDING THE IMPOSITIONS OF
    8  SANCTIONS FOR  NON-COMPLIANCE  TO  EFFECTUATE  THE  PROVISIONS  OF  THIS
    9  SECTION  AND  SHALL  BE  RESPONSIBLE FOR MONITORING COMPLIANCE WITH THIS
   10  TITLE.
   11    3. IN THE PERFORMANCE OF PROJECTS PURSUANT TO THIS TITLE, MINORITY AND
   12  WOMEN-OWNED BUSINESS ENTERPRISES SHALL  BE  GIVEN  THE  OPPORTUNITY  FOR
   13  MEANINGFUL PARTICIPATION. THE COUNTY SHALL ESTABLISH QUANTIFIABLE STAND-
   14  ARDS  AND MEASURES AND PROCEDURES TO SECURE MEANINGFUL PARTICIPATION AND
   15  IDENTIFY THOSE CONTRACTS AND  ITEMS  OF  WORK  FOR  WHICH  MINORITY  AND
   16  WOMEN-OWNED  BUSINESS  ENTERPRISES MAY BEST BID TO ACTIVELY AND AFFIRMA-
   17  TIVELY PROMOTE AND ASSIST THEIR PARTICIPATION  IN  PROJECTS,  SO  AS  TO
   18  FACILITATE  THE  AWARD OF A FAIR SHARE OF CONTRACTS TO SUCH ENTERPRISES;
   19  PROVIDED, HOWEVER, THAT NOTHING IN THIS  TITLE  SHALL  BE  CONSTRUED  TO
   20  LIMIT  THE  ABILITY  OF THE COUNTY TO ASSURE THAT QUALIFIED MINORITY AND
   21  WOMEN-OWNED BUSINESS ENTERPRISES MAY PARTICIPATE  IN  THE  PROGRAM.  FOR
   22  PURPOSES  HEREOF,  MINORITY  BUSINESS ENTERPRISE SHALL MEAN ANY BUSINESS
   23  ENTERPRISE WHICH IS AT LEAST FIFTY-ONE PER CENTUM OWNED BY,  OR  IN  THE
   24  CASE  OF A PUBLICLY OWNED BUSINESS, AT LEAST FIFTY-ONE PER CENTUM OF THE
   25  STOCK OR OTHER VOTING INTEREST IS OWNED BY CITIZENS OR  PERMANENT  RESI-
   26  DENT  ALIENS  WHO  ARE  BLACK, HISPANIC, ASIAN, AMERICAN INDIAN, PACIFIC
   27  ISLANDER, OR ALASKAN  NATIVE,  AND  SUCH  OWNERSHIP  INTEREST  IS  REAL,
   28  SUBSTANTIAL  AND  CONTINUING  AND  HAS  THE  AUTHORITY  TO INDEPENDENTLY
   29  CONTROL THE DAY TO DAY BUSINESS DECISIONS OF THE ENTITY FOR AT LEAST ONE
   30  YEAR; AND WOMEN-OWNED BUSINESS ENTERPRISE SHALL MEAN ANY BUSINESS ENTER-
   31  PRISE WHICH IS AT LEAST FIFTY-ONE PER CENTUM OWNED BY, OR IN THE CASE OF
   32  A PUBLICLY OWNED BUSINESS, AT LEAST FIFTY-ONE PER CENTUM OF THE STOCK TO
   33  OTHER VOTING INTERESTS OF WHICH IS OWNED BY CITIZENS OR PERMANENT  RESI-
   34  DENT ALIENS WHO ARE WOMEN, AND SUCH OWNERSHIP INTEREST IS REAL, SUBSTAN-
   35  TIAL  AND  CONTINUING AND HAS THE AUTHORITY TO INDEPENDENTLY CONTROL THE
   36  DAY TO DAY BUSINESS DECISIONS OF THE ENTITY FOR AT LEAST ONE YEAR.
   37    THE PROVISIONS OF THIS SUBDIVISION SHALL NOT BE CONSTRUED TO LIMIT THE
   38  ABILITY OF ANY MINORITY BUSINESS ENTERPRISE TO BID ON ANY CONTRACT.
   39    4. IN ORDER TO IMPLEMENT  THE  REQUIREMENTS  AND  OBJECTIVES  OF  THIS
   40  SECTION,  THE  COUNTY  SHALL ESTABLISH PROCEDURES TO MONITOR CONTRACTORS
   41  COMPLIANCE WITH  PROVISIONS  HEREOF,  PROVIDE  ASSISTANCE  IN  OBTAINING
   42  COMPETING  QUALIFIED  MINORITY  AND  WOMEN-OWNED BUSINESS ENTERPRISES TO
   43  PERFORM CONTRACTS PROPOSED TO BE AWARDED, IMPOSE  CONTRACTUAL  SANCTIONS
   44  FOR  NON-COMPLIANCE,  AND TAKE OTHER APPROPRIATE MEASURES TO IMPROVE THE
   45  ACCESS  OF  MINORITY  AND  WOMEN-OWNED  BUSINESS  ENTERPRISES  TO  THESE
   46  CONTRACTS.
   47    S  509-E. PREVAILING WAGE REQUIREMENTS. IN THE CONSTRUCTION AND DEVEL-
   48  OPMENT OF THE CENTER, MONROE COUNTY MUST COMPLY WITH THE  PROVISIONS  OF
   49  ARTICLE EIGHT OF THE LABOR LAW.
   50    S  509-F.  JUVENILE PROBATION INVESTIGATION AND DIAGNOSTIC ASSESSMENT.
   51  FOR EVERY JUVENILE WHO IS DETAINED OR PLACED IN THE CENTER, A  PROBATION
   52  INVESTIGATION  AND  A  DIAGNOSTIC  ASSESSMENT SHALL BE PERFORMED ON SUCH
   53  JUVENILE. FOR THE PURPOSES OF THIS SECTION, THE PROBATION  INVESTIGATION
   54  SHALL  INCLUDE,  BUT  NOT  BE  LIMITED  TO,  THE HISTORY OF THE JUVENILE
   55  INCLUDING PREVIOUS CONDUCT, THE FAMILY SITUATION, ANY  PREVIOUS  PSYCHO-
   56  LOGICAL  AND  PSYCHIATRIC  REPORTS,  SCHOOL  HISTORY, SCHOOL ADJUSTMENT,
       A. 2594                             5
    1  PREVIOUS SOCIAL ASSISTANCE PROVIDED BY VOLUNTARY OR PUBLIC AGENCIES  AND
    2  THE RESPONSE OF THE JUVENILE TO SUCH ASSISTANCE, AND ANY POSSIBLE HISTO-
    3  RY  OF  ALCOHOL,  SUBSTANCE  OR  SEXUAL  ABUSE. FOR THE PURPOSES OF THIS
    4  SECTION, THE DIAGNOSTIC ASSESSMENT SHALL INCLUDE, BUT NOT BE LIMITED TO,
    5  PSYCHOLOGICAL  TESTS  AND  PSYCHIATRIC  INTERVIEWS  TO  DETERMINE MENTAL
    6  CAPACITY AND ACHIEVEMENT, EMOTIONAL STABILITY AND  MENTAL  DISABILITIES.
    7  IT  SHALL  INCLUDE A CLINICAL ASSESSMENT OF THE SITUATIONAL FACTORS THAT
    8  MAY HAVE  CONTRIBUTED  TO  THE  ACT  OR  ACTS,  INCLUDING  ANY  ALCOHOL,
    9  SUBSTANCE OR SEXUAL ABUSE OF THE JUVENILE. WHEN FEASIBLE, EXPERT OPINION
   10  SHALL  BE RENDERED AS TO THE RISK PRESENTED BY THE JUVENILE TO OTHERS OR
   11  HIMSELF, WITH A RECOMMENDATION AS TO THE NEED FOR A  RESTRICTIVE  PLACE-
   12  MENT.
   13    S  509-G.  SUBSTANCE  AND  ALCOHOL  ABUSE TREATMENT OF JUVENILES.   1.
   14  SCREENING, EVALUATION AND TREATMENT  FOR  ALCOHOL,  CANNABIS  AND  OTHER
   15  SUBSTANCES.  THE CENTER SHALL CONTRACT WITH ONE OR MORE COMMUNITY-BASED,
   16  NOT-FOR-PROFIT  ALCOHOL  AND/OR  SUBSTANCE  ABUSE  TREATMENT   PROVIDERS
   17  LICENSED  BY  THE  OFFICE  OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES TO
   18  SCREEN, EVALUATE,  DIAGNOSE,  TREAT  AND  PROVIDE  ALL  OTHER  NECESSARY
   19  SERVICES  TO  JUVENILES PLACED AT THE CENTER WHO USE, ARE EXPOSED TO, OR
   20  AT RISK FROM EXPOSURE TO ALCOHOL, CANNABIS OR OTHER SUBSTANCES.  SCREEN-
   21  ING,  EVALUATION,  DIAGNOSIS, TREATMENT AND ALL OTHER NECESSARY SERVICES
   22  FOR ALCOHOL, CANNABIS AND OTHER SUBSTANCE USE, ABUSE OR  EXPOSURE  SHALL
   23  BE  PROVIDED  BY APPROPRIATE HEALTH PROFESSIONALS LICENSED, CERTIFIED OR
   24  CREDENTIALED BY THE OFFICE OF ALCOHOLISM AND SUBSTANCE  ABUSE  SERVICES.
   25  THE  CENTER  SHALL GIVE PARTICULAR CONSIDERATION TO PROVIDERS OF ALCOHOL
   26  AND SUBSTANCE ABUSE TREATMENT SERVICES WHICH DEMONSTRATE THE ABILITY  TO
   27  PROVIDE  TREATMENT  SERVICES  THAT EFFECTIVELY REDUCE ADDICTION IN YOUNG
   28  PEOPLE.
   29    A. ALL JUVENILES SHALL BE SCREENED UPON PLACEMENT AT THE CENTER  USING
   30  A  PROTOCOL  APPROVED  BY  THE  OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE
   31  SERVICES TO IDENTIFY ANY USE OF, EXPOSURE  TO,  OR  RISK  FROM  ALCOHOL,
   32  CANNABIS  OR  OTHER  SUBSTANCES.  IF  A FAMILY COURT PROBATION REPORT OR
   33  DIAGNOSTIC ASSESSMENT PROVIDES ALL THE REQUIRED INFORMATION NECESSARY TO
   34  SCREEN A JUVENILE FOR ANY USE OF, EXPOSURE  TO  OR  RISK  FROM  ALCOHOL,
   35  CANNABIS OR OTHER SUBSTANCES, THE REPORT OR ASSESSMENT MAY BE ADOPTED IN
   36  LIEU OF SCREENING UNDER THIS SECTION.
   37    B.  A JUVENILE IDENTIFIED BY SCREENING, FAMILY COURT PROBATION REPORT,
   38  FAMILY COURT DIAGNOSTIC ASSESSMENT OR FAMILY COURT  ORDER  FOR  USE  OF,
   39  EXPOSURE  TO OR RISK FROM ALCOHOL, CANNABIS OR OTHER SUBSTANCES SHALL BE
   40  EVALUATED USING A PROTOCOL APPROVED BY  THE  OFFICE  OF  ALCOHOLISM  AND
   41  SUBSTANCE  ABUSE  SERVICES  TO ASSESS DEPENDENCE ON, USE OR ABUSE OF, OR
   42  IMPAIRMENT FROM EXPOSURE TO ALCOHOL, CANNABIS OR OTHER SUBSTANCES. IF  A
   43  FAMILY  COURT PROBATION REPORT OR DIAGNOSTIC ASSESSMENT PROVIDES ALL THE
   44  REQUIRED INFORMATION NECESSARY TO EVALUATE A JUVENILE FOR DEPENDENCE ON,
   45  ABUSE OF, OR IMPAIRMENT FROM EXPOSURE  TO  ALCOHOL,  CANNABIS  OR  OTHER
   46  SUBSTANCES,  THE  REPORT  OR ASSESSMENT MAY BE ADOPTED IN LIEU OF EVALU-
   47  ATION UNDER THIS SECTION.
   48    C. THE CENTER SHALL PROVIDE TREATMENT AND OTHER SERVICES TO A JUVENILE
   49  (I) WHO IS DIAGNOSED WITH ALCOHOL, CANNABIS OR  OTHER  SUBSTANCE  ABUSE,
   50  ALCOHOL,  CANNABIS  OR  OTHER SUBSTANCE DEPENDENCE OR OTHER PSYCHOACTIVE
   51  SUBSTANCE USE DISORDER AND/OR (II) WHOSE EVALUATION IDENTIFIES  EVIDENCE
   52  OF  DEVELOPMENTAL  OR  FUNCTIONAL  IMPAIRMENT  IN ONE OR MORE MAJOR LIFE
   53  AREAS DUE TO A RELATIONSHIP WITH  A  SIGNIFICANT  OTHER  AS  DEFINED  IN
   54  SUBDIVISION NINETEEN OF SECTION 1.03 OF THE MENTAL HYGIENE LAW WHO USES,
   55  ABUSES OR DEPENDS ON ALCOHOL, CANNABIS OR OTHER SUBSTANCES.
       A. 2594                             6
    1    D.  THE REASONS FOR DENIAL OF TREATMENT OR SERVICES MUST BE DOCUMENTED
    2  IN A WRITTEN RECORD KEPT BY THE CENTER FOR A PERIOD OF TEN YEARS.
    3    2.  EDUCATION ABOUT ALCOHOL, CANNABIS AND OTHER SUBSTANCES. THE CENTER
    4  SHALL PROVIDE TO ALL JUVENILES PLACED AT THE CENTER EDUCATION AND  OTHER
    5  PREVENTION  SERVICES  ABOUT  THE  RISKS  OF  ALCOHOL AND SUBSTANCE ABUSE
    6  INCLUDING THE RISKS FOR CHILDREN OF  ALCOHOL  AND/OR  SUBSTANCE  ABUSING
    7  PERSONS  AND  FOR OTHERS AT HIGH RISK FOR ALCOHOL AND/OR SUBSTANCE ABUSE
    8  PROBLEMS.
    9    S 509-H. HEALTH SERVICES AND EDUCATION. THE CENTER SHALL CONTRACT WITH
   10  A FAMILY PLANNING CLINIC LICENSED  UNDER  ARTICLE  TWENTY-EIGHT  OF  THE
   11  PUBLIC HEALTH LAW TO PROVIDE TO BOTH FEMALE AND MALE JUVENILES AS APPRO-
   12  PRIATE:
   13    1. PROMPT AND COMPREHENSIVE REPRODUCTIVE HEALTH SERVICES INCLUDING BUT
   14  NOT  LIMITED  TO  FAMILY PLANNING; SCREENING, DIAGNOSIS AND TREATMENT OF
   15  SEXUALLY TRANSMITTED DISEASES; SCREENING, DIAGNOSIS AND TREATMENT OF HIV
   16  AND AIDS; AND GYNECOLOGICAL AND OBSTETRICAL SERVICES; AND
   17    2. FAMILY LIFE EDUCATION PROGRAMS INCLUDING BUT NOT LIMITED  TO  HUMAN
   18  DEVELOPMENT,  SEXUALITY,  PHYSIOLOGY, REPRODUCTIVE HEALTH AND CONTRACEP-
   19  TION, SEXUALLY TRANSMITTED DISEASES AND HIV/AIDS, ABSTINENCE,  RELATION-
   20  SHIPS, ROLES AND PSYCHO-SEXUAL DEVELOPMENT.
   21    S  509-I.  EDUCATIONAL  COMPONENTS OF THE JUVENILE JUSTICE CENTER. THE
   22  CENTER MUST PROVIDE EVERY CHILD PLACED IN THE  CENTER  WITH  EDUCATIONAL
   23  SERVICES  IN ACCORDANCE WITH THE PROVISIONS OF SECTION FOUR THOUSAND TWO
   24  OF THE EDUCATION LAW.
   25    S 509-J. JUVENILE JUSTICE CENTER OVERSIGHT. 1. THE OFFICE OF  CHILDREN
   26  AND  FAMILY  SERVICES  SHALL BE RESPONSIBLE FOR ENSURING THAT THE CENTER
   27  MEETS ALL THE NECESSARY REQUIREMENTS INCLUDING, BUT NOT LIMITED TO,  THE
   28  EDUCATIONAL  SERVICES  REQUIRED  BY  SECTION FIVE HUNDRED NINE-I OF THIS
   29  TITLE AND THE TREATMENT REQUIREMENTS PURSUANT TO  SECTION  FIVE  HUNDRED
   30  NINE-G OF THIS TITLE.
   31    2. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL SUBMIT A REPORT TO
   32  THE  TEMPORARY  PRESIDENT  OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY
   33  ONE YEAR AFTER THE OPENING OF THE CENTER,  AND  EVERY  YEAR  THEREAFTER.
   34  SUCH REPORT SHALL INCLUDE AT LEAST THE FOLLOWING:
   35    A.  STATISTICAL  DATA REGARDING THE NUMBER OF CHILDREN DETAINED AND/OR
   36  PLACED AT THE CENTER THROUGHOUT THE YEAR;
   37    B. AN ANALYSIS OF THE ALCOHOL AND SUBSTANCE ABUSE  TREATMENT  PROGRAMS
   38  OFFERED  BY  THE  CENTER,  AND  A  SUMMARY  OF THE EFFECTIVENESS OF SUCH
   39  PROGRAMS ON AFFECTED CHILDREN;
   40    C. AN ANALYSIS OF THE EDUCATIONAL SERVICES  PROVIDED  BY  THE  CENTER,
   41  INCLUDING  STATISTICAL  DATA  REGARDING  THE NUMBER OF CHILDREN WHO EARN
   42  HIGH SCHOOL OR GENERAL EQUIVALENCY DIPLOMAS; AND
   43    D. INFORMATION PERTAINING TO THE AFTERCARE PROGRAM AND  THE  PLACEMENT
   44  OF CHILDREN INTO THE WORKFORCE.
   45    3.  THE  COMMISSIONER  SHALL  EVALUATE  THE  CENTER ANNUALLY AFTER THE
   46  CENTER HAS OPENED. THE OFFICE OF  CHILDREN  AND  FAMILY  SERVICES  SHALL
   47  CONDUCT  TWO  VISITS  ANNUALLY: ONE OF WHICH SHALL BE ANNOUNCED, AND ONE
   48  UNANNOUNCED TO ENSURE FULL COMPLIANCE WITH STATE LAW, AND TO MONITOR AND
   49  COMMENT ON THE GENERAL HEALTH AND WELL BEING OF THE YOUTH AT THE FACILI-
   50  TY.  THE COMMISSIONER IS HEREBY AUTHORIZED  TO  TERMINATE  THE  CENTER'S
   51  OPERATION  IF  HE  OR SHE DETERMINES THAT IT IS IN THE BEST INTERESTS OF
   52  THE STATE, THE COUNTY, AND THE CHILDREN WHO ARE PLACED WITHIN THE CENTER
   53  TO DO SO.
   54    S 509-K. STATE REIMBURSEMENT OF FUNDS. SUBJECT TO  APPROPRIATION,  THE
   55  STATE SHALL REIMBURSE MONROE COUNTY FOR FIFTY PERCENT OF THE COSTS ASSO-
   56  CIATED WITH CONSTRUCTION, IMPLEMENTATION AND MAINTENANCE OF THE CENTER.
       A. 2594                             7
    1    S  6. Section 522 of the executive law, as added by chapter 552 of the
    2  laws of 1993, is amended to read as follows:
    3    S 522. Actions  against  persons rendering health care services at the
    4  request of the  [division]  OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES;
    5  defense  and indemnification. The provisions of section seventeen of the
    6  public officers law shall apply to any person holding a license to prac-
    7  tice a profession  pursuant  to  article  one  hundred  thirty-one,  one
    8  hundred  thirty-one-B, one hundred thirty-two, one hundred thirty-three,
    9  one hundred thirty-six, one hundred thirty-seven,  one  hundred  thirty-
   10  nine,  one  hundred  forty-one,  one  hundred  forty-three,  one hundred
   11  fifty-six or one hundred fifty-nine of the education law, who is render-
   12  ing or has rendered professional services authorized under such  license
   13  while  acting  at  the  request of the [division] OFFICE OF CHILDREN AND
   14  FAMILY SERVICES or a facility of the [division] OFFICE OF  CHILDREN  AND
   15  FAMILY  SERVICES  OR  AT  THE  MONROE  COUNTY JUVENILE JUSTICE CENTER in
   16  providing health care and  treatment  or  professional  consultation  to
   17  residents  of  [division] OFFICE OF CHILDREN AND FAMILY SERVICES facili-
   18  ties, or to infants of residents while such infants  are  cared  for  in
   19  [division]  OFFICE  OF CHILDREN AND FAMILY SERVICES facilities OR AT THE
   20  MONROE COUNTY JUVENILE JUSTICE CENTER pursuant to section  five  hundred
   21  sixteen  of  this  [article]  SUBTITLE,  without  regard to whether such
   22  health care and treatment or professional consultation is provided with-
   23  in or without [a division] AN OFFICE OF  CHILDREN  AND  FAMILY  SERVICES
   24  facility.
   25    S  7.  The  executive  law is amended by adding a new section 522-a to
   26  read as follows:
   27    S 522-A. TRAINING, EDUCATION AND AFTERCARE MODEL PROGRAM. 1.  FOR  THE
   28  PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
   29  MEANINGS:
   30    (A) "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF THE OFFICE OF  CHIL-
   31  DREN AND FAMILY SERVICES.
   32    (B)  "PROGRAM" SHALL MEAN THE "TRAINING, EDUCATION AND AFTERCARE MODEL
   33  (TEAM) PROGRAM" AUTHORIZED BY SUBDIVISION TWO OF THIS SECTION.
   34    (C) "JUVENILE DELINQUENT" SHALL MEAN A PERSON OVER SEVEN AND LESS THAN
   35  SIXTEEN YEARS OF AGE, WHO, HAVING COMMITTED AN ACT THAT WOULD CONSTITUTE
   36  A CRIME IF COMMITTED BY AN ADULT, (I) IS NOT CRIMINALLY RESPONSIBLE  FOR
   37  SUCH CONDUCT BY REASON OF INFANCY, OR (II) IS THE DEFENDANT IN AN ACTION
   38  ORDERED  REMOVED  FROM  A CRIMINAL COURT TO THE FAMILY COURT PURSUANT TO
   39  ARTICLE SEVEN HUNDRED TWENTY-FIVE OF THE CRIMINAL PROCEDURE LAW.
   40    (D) "CONTRACTOR" SHALL MEAN NOT-FOR-PROFIT OR FOR-PROFIT PROVIDERS  OF
   41  ENHANCED  INTERVENTIONS  FOR  JUVENILE  DELINQUENTS IN THE MONROE COUNTY
   42  JUVENILE JUSTICE CENTER.
   43    (E) "CENTER" SHALL MEAN THE MONROE COUNTY JUVENILE JUSTICE CENTER.
   44    2. (A) MONROE COUNTY IS HEREBY AUTHORIZED TO ESTABLISH  THE  TRAINING,
   45  EDUCATION  AND AFTERCARE MODEL (TEAM) PROGRAM IN THE MONROE COUNTY JUVE-
   46  NILE JUSTICE CENTER TO REDUCE  JUVENILE  DELINQUENT  RECIDIVISM.    SUCH
   47  PROGRAM  SHALL  BE  OUTCOME-DRIVEN  AND  USE RECOGNIZED TREATMENT MODELS
   48  WHICH HAVE BEEN EFFECTIVE IN SERVING  AND  PLACING  AT-RISK  YOUTH  WITH
   49  MULTIPLE BARRIERS TO EMPLOYMENT.
   50    (B)  TO  ACCOMPLISH  THE  PROGRAM  OBJECTIVES OF PARAGRAPH (A) OF THIS
   51  SUBDIVISION, TECHNICAL ASSISTANCE SHALL BE PROVIDED TO CENTER STAFF  AND
   52  AFTERCARE  COUNSELORS  TO  ACHIEVE THE PROGRAM IMPROVEMENTS DESCRIBED IN
   53  PARAGRAPH (C) OF THIS SUBDIVISION.   MONROE COUNTY MAY  USE  CONTRACTORS
   54  WHO HAVE DEMONSTRATED EFFECTIVENESS IN SERVING AND PLACING AT-RISK YOUTH
   55  WITH  MULTIPLE  BARRIERS TO EMPLOYMENT TO PROVIDE SUCH TECHNICAL ASSIST-
   56  ANCE, SUBJECT TO A REQUEST FOR PROPOSAL.
       A. 2594                             8
    1    (C) THE PROGRAM IMPROVEMENTS SOUGHT SHALL INCLUDE  THE  FOLLOWING  KEY
    2  COMPONENTS:
    3    (I)  AFTERCARE  AND  FOLLOW-UP  SERVICES.    FULL-TIME  AFTERCARE  AND
    4  FOLLOW-UP SERVICES SHALL BE PROVIDED FOR THE  DURATION  OF  THE  CHILD'S
    5  ASSIGNED  AFTERCARE  AND  SHALL INCLUDE, BUT NOT BE LIMITED TO, ENHANCED
    6  PROCEDURES FOR ENSURING FREQUENT CONTACTS AT EACH PHASE OF AFTERCARE; AN
    7  AUTOMATED CASE MANAGEMENT SYSTEM; AND THE IMPLEMENTATION OF  PERFORMANCE
    8  MEASURES, AS DESCRIBED IN SUBDIVISION FOUR OF THIS SECTION. THE TYPES OF
    9  AFTERCARE  SERVICES  PROVIDED  SHALL INCLUDE, BUT NOT BE LIMITED TO, JOB
   10  SEARCH ASSISTANCE AND  PLACEMENT;  JOB  COUNSELING;  INDEPENDENT  LIVING
   11  PLACEMENT  AND  ASSISTANCE; MENTORING; FAMILY COUNSELING AND SUPPORT FOR
   12  CUSTODIAL AND NON-CUSTODIAL PARENTS; SECURING A SCHOOL  PLACEMENT  PRIOR
   13  TO RELEASE FROM A FACILITY; AND WHERE APPLICABLE, OUTREACH, REFERRAL AND
   14  ASSISTANCE IN ENROLLING IN THE MILITARY OR ROTC PROGRAMS.
   15    (II) YOUTH SERVICE PLANS.  REVISED PROCEDURES SHALL BE ESTABLISHED FOR
   16  DEVELOPING YOUTH SERVICE PLANS TO SET GOALS AND IDENTIFY SERVICES NECES-
   17  SARY  FOR  POST-RELEASE  SUCCESS.    JUVENILE  DELINQUENTS PLACED IN THE
   18  MONROE COUNTY JUVENILE JUSTICE CENTER SHALL HAVE EACH INTAKE  ASSESSMENT
   19  REVIEWED AND EXPANDED TO INCLUDE SUCH PLAN WITHIN THIRTY DAYS OF ASSIGN-
   20  MENT  TO SUCH CENTER.  SUCH PLAN SHALL BE DEVELOPED IN CONSULTATION WITH
   21  EXISTING TRAINING AND AFTERCARE STAFF TO ENSURE APPROPRIATE PLACEMENT IN
   22  EDUCATION AND ALL TRAINING-RELATED SERVICES, IN ADDITION TO  ALCOHOL  OR
   23  SUBSTANCE  ABUSE,  MENTAL  HEALTH, OR OTHER SERVICES DEEMED NECESSARY IN
   24  THE ASSESSMENT AND AS A PART OF  ENSURING  SUCCESSFUL  INTERVENTION  AND
   25  POST-RELEASE  SUCCESS.    THE  PLAN  SHALL  BE AMENDED AS APPROPRIATE TO
   26  REFLECT CHANGING SERVICE NEEDS.
   27    (III) EDUCATION SERVICES.  TECHNICAL ASSISTANCE SHALL BE  PROVIDED  ON
   28  THE  USE  OF  NON-TRADITIONAL OPEN ENTRY AND SELF-PACED EDUCATION MODELS
   29  SUCH AS, COMPUTER-ASSISTED INSTRUCTION. SUCH ASSISTANCE SHALL  BE  INTE-
   30  GRATED WITH WORK-BASED TRAINING.
   31    (IV)  TRAINING  SERVICES.  TECHNICAL  ASSISTANCE  SHALL BE PROVIDED TO
   32  ENHANCE THE FOLLOWING TYPES OF EMPLOYABILITY AND  SOCIALIZATION  SKILLS:
   33  OCCUPATIONAL  TRAINING  PROGRAMS,  CONFLICT RESOLUTION, BEHAVIOR MANAGE-
   34  MENT, TEAM WORK, DISCIPLINE TRAINING, JOB SEARCH AND INTERVIEWING  TECH-
   35  NIQUES, INDEPENDENT LIVING SKILLS, AND SUBSTANCE ABUSE COUNSELING.
   36    3. SUCH TECHNICAL ASSISTANCE PROVIDED SHALL INCLUDE:
   37    (A) ADVICE AND ASSISTANCE TO EXISTING CENTER STAFF IN IMPROVING EDUCA-
   38  TION  AND  TRAINING RELATED INTERVENTIONS, AS DESCRIBED IN SUBPARAGRAPHS
   39  (III) AND (IV) OF PARAGRAPH (C) OF SUBDIVISION TWO OF  THIS  SECTION  TO
   40  SUPPORT  SUCCESSFUL AFTERCARE AND REINTEGRATION OF YOUTH INTO THE COMMU-
   41  NITY;
   42    (B) ASSISTANCE TO CENTER STAFF AND AFTERCARE COUNSELORS IN  COORDINAT-
   43  ING  WITH  OTHER  SERVICES  AND ACCESSING OTHER FUNDS TO ENSURE JUVENILE
   44  DELINQUENTS ARE PLACED IN ANY FULL-TIME COMBINATION OF  SCHOOL,  EMPLOY-
   45  MENT  IN  UNSUBSIDIZED OR SUPPORTED WORK, OR FURTHER TRAINING ACTIVITIES
   46  WITHIN ONE WEEK OF RELEASE;
   47    (C) A REVIEW OF TRAINING PROGRAMS, AS DESCRIBED IN  SUBPARAGRAPH  (IV)
   48  OF PARAGRAPH (C) OF SUBDIVISION TWO OF THIS SECTION, ALONG WITH AN ANAL-
   49  YSIS  OF  RELATED  PROGRAMS THAT SERVE AT-RISK YOUTH TO UPGRADE EXISTING
   50  TRAINING PROGRAMS AND TO ENSURE THE USE OF  STATE-OF-THE-ART  EQUIPMENT,
   51  INTEGRATION WITH BASIC SKILLS INSTRUCTION, AND A LABOR MARKET DEMAND FOR
   52  THE JOB TRAINING PROVIDED; AND
   53    (D)  THE  DEVELOPMENT  OF  PROCEDURES  TO  ENSURE  THAT  THE  OUTCOMES
   54  DESCRIBED IN SUBDIVISION FOUR OF THIS SECTION ARE ESTABLISHED, MEASURED,
   55  AND CONTINUALLY MONITORED FOR EACH JUVENILE DELINQUENT.
       A. 2594                             9
    1    4. THE PROGRAM  SHALL  BE  EVALUATED  ON  ACHIEVEMENT  OF  PERFORMANCE
    2  OUTCOMES AND PROGRAM EFFECTIVENESS. THE EVALUATION SHALL BE CONDUCTED BY
    3  A  RESEARCH  INSTITUTE WITHIN THE GREATER MONROE COUNTY AREA WITH ESTAB-
    4  LISHED EXPERTISE IN JUVENILE JUSTICE PROGRAMS AND PRACTICES.  A  CONTROL
    5  SITE  SHALL  BE  ESTABLISHED  TO  MEASURE SIMILAR OUTCOMES IN A FACILITY
    6  OFFERING TRADITIONAL SERVICES. THE EVALUATION SHALL BE BASED UPON  JUVE-
    7  NILE DELINQUENT OUTCOMES AND THE PROGRAM'S PERFORMANCE.
    8    (A)  OUTCOMES  SHALL  BE  ESTABLISHED  TO MEASURE PERFORMANCE FOR EACH
    9  JUVENILE DELINQUENT AT A MINIMUM OF TWO INTERVALS--UPON RELEASE  AND  AT
   10  LEAST  TWELVE MONTHS AFTER RELEASE. SUCH OUTCOMES MAY INCLUDE BEHAVIORAL
   11  INCENTIVES AND SHALL MEASURE:
   12    (I) EDUCATION AND TRAINING GAINS WHILE INCARCERATED  AND  THE  INITIAL
   13  PLACEMENT AND WAGE RATE UPON RELEASE; AND
   14    (II) RECIDIVISM RATES, EMPLOYMENT STATUS, AND WAGE LEVELS AT LEAST ONE
   15  YEAR AFTER RELEASE.
   16    (B)  THE  PROGRAM  SHALL  BE  EVALUATED ON THE SUCCESS OF THE JUVENILE
   17  DELINQUENTS BASED ON THE FOLLOWING MEASURES:
   18    (I) JOB PLACEMENT AND TWELVE MONTH RETENTION RATES  FOR  PARTICIPANTS,
   19  REGARDLESS OF WHETHER EMPLOYMENT HAS BEEN WITH ONE OR MORE EMPLOYERS;
   20    (II)  WAGE  RATES  AT PLACEMENT AND TWELVE MONTHS AFTER INITIAL PLACE-
   21  MENT;
   22    (III) LEARNING GAINS BASED ON PRE- AND POST-TESTING;
   23    (IV) OBTAINING A HIGH SCHOOL DIPLOMA OR ITS EQUIVALENT OR RETURNING TO
   24  SCHOOL; AND
   25    (V) RECIDIVISM RATES AT SELECTED INTERVALS AFTER RELEASE.
   26    5. NO LATER THAN JANUARY FIRST, TWO THOUSAND ELEVEN, AND EACH  JANUARY
   27  FIRST  THEREAFTER,  THE  OFFICE  OF  CHILDREN  AND FAMILY SERVICES SHALL
   28  PREPARE AND SUBMIT A REPORT INCORPORATING  THE  EVALUATION  REQUIRED  BY
   29  SUBDIVISION FOUR OF THIS SECTION.  THE REPORT SHALL FOCUS ON THE CENTER,
   30  THE  NUMBER  OF  JUVENILE  DELINQUENTS  SERVED,  DEMOGRAPHIC  DATA ABOUT
   31  PARTICIPATING DELINQUENTS, INCLUDING BUT NOT LIMITED TO, RACE,  ETHNICI-
   32  TY,  LANGUAGE SPOKEN AT HOME, FAMILY INCOME GROUP AND INFORMATION ON ANY
   33  SIBLING INVOLVEMENT WITH FAMILY COURT, AND THE RESULTS  OF  THE  PROGRAM
   34  OUTCOMES REQUIRED BY SUBDIVISION FOUR OF THIS SECTION.  THE REPORT SHALL
   35  BE  SUBMITTED  TO  THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF
   36  THE ASSEMBLY AND THE CHAIRS OF THE  SENATE  AND  ASSEMBLY  CHILDREN  AND
   37  FAMILIES  COMMITTEES,  THE  ASSEMBLY  WAYS  AND  MEANS COMMITTEE AND THE
   38  SENATE FINANCE COMMITTEE.
   39    S 8. Subdivision 1 of section 529 of the executive law,  as  added  by
   40  chapter  906 of the laws of 1973, paragraph (c) as amended and paragraph
   41  (d) as added by chapter 881 of the laws of 1976, is amended to  read  as
   42  follows:
   43    1.  Definitions.  [As]  EXCEPT AS PROVIDED FOR IN SECTION FIVE HUNDRED
   44  THIRTY-A OF THIS TITLE, AS used in this section:
   45    (a) "authorized agency", "certified boarding home", "local charge" and
   46  "state charge" shall have the meaning ascribed  to  such  terms  by  the
   47  social services law;
   48    (b)  "aftercare  supervision"  shall  mean  supervision of released or
   49  discharged youth, not in foster care; [and,]
   50    (c) "foster care" shall mean residential care, maintenance and  super-
   51  vision  provided released or discharged youth, or youth otherwise in the
   52  custody of the [division  for  youth]  OFFICE  OF  CHILDREN  AND  FAMILY
   53  SERVICES,  in  [a  division]  AN  OFFICE OF CHILDREN AND FAMILY SERVICES
   54  foster family home certified by [the division.] SUCH OFFICE; AND
   55    (d) "[division] OFFICE OF CHILDREN AND FAMILY SERVICES  foster  family
   56  home"  means  a  service program provided in a home setting available to
       A. 2594                            10
    1  youth under the jurisdiction of the [division for youth] OFFICE OF CHIL-
    2  DREN AND FAMILY SERVICES.
    3    S  9. Subdivision 1 of section 530 of the executive law, as amended by
    4  chapter 880 of the laws of 1976, is amended to read as follows:
    5    1. Definitions. [As] EXCEPT AS PROVIDED FOR IN  SECTION  FIVE  HUNDRED
    6  THIRTY-A  OF  THIS  TITLE,  AS  used  in  this section, the terms "local
    7  charge" and "state charge" shall have the meaning ascribed  to  them  in
    8  the social services law.
    9    S  10.  The  executive law is amended by adding a new section 530-a to
   10  read as follows:
   11    S 530-A. REIMBURSEMENT FOR DETENTION, PLACEMENT AND  AFTERCARE  SUPER-
   12  VISION AT THE MONROE COUNTY JUVENILE JUSTICE CENTER. 1.  DEFINITIONS. AS
   13  USED  IN THIS SECTION, THE TERMS "LOCAL CHARGE" AND "STATE CHARGE" SHALL
   14  HAVE THE SAME MEANING ASCRIBED TO THEM IN THE SOCIAL SERVICES LAW.
   15    2. EXPENDITURES MADE BY SOCIAL SERVICES DISTRICTS IN  PROVIDING  CARE,
   16  MAINTENANCE  AND SUPERVISION TO YOUTH IN DETENTION FACILITIES DESIGNATED
   17  PURSUANT TO SECTIONS SEVEN HUNDRED TWENTY-FOUR AND 305.2 OF  THE  FAMILY
   18  COURT  ACT  AND CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES,
   19  SHALL BE SUBJECT TO REIMBURSEMENT BY THE STATE  UPON  APPROVAL  BY  SUCH
   20  OFFICE IN ACCORDANCE WITH ITS REGULATIONS, AS FOLLOWS:
   21    (A) THE FULL AMOUNT EXPENDED BY THE DISTRICT FOR CARE, MAINTENANCE AND
   22  SUPERVISION OF STATE CHARGES;
   23    (B) FIFTY PERCENT OF THE AMOUNT EXPENDED FOR THE CARE, MAINTENANCE AND
   24  SUPERVISION OF LOCAL CHARGES WHERE COUNTIES CONFORM WITH REQUIREMENTS OF
   25  SUBDIVISION B OF SECTION TWO HUNDRED EIGHTEEN-A OF THE COUNTY LAW.
   26    3.  EXPENDITURES MADE BY THE MONROE COUNTY SOCIAL SERVICES DISTRICT IN
   27  PROVIDING CARE, MAINTENANCE AND  SUPERVISION  TO  YOUTH  PLACED  IN  THE
   28  MONROE  COUNTY JUVENILE JUSTICE CENTER SHALL BE SUBJECT TO REIMBURSEMENT
   29  BY THE STATE UPON APPROVAL BY THE OFFICE OF CHILDREN AND FAMILY SERVICES
   30  IN ACCORDANCE WITH ITS REGULATIONS, AS FOLLOWS:
   31    (A) THE FULL AMOUNT EXPENDED BY THE DISTRICT FOR CARE, MAINTENANCE AND
   32  SUPERVISION OF STATE CHARGES;
   33    (B) FIFTY PERCENT OF THE AMOUNT EXPENDED FOR THE CARE, MAINTENANCE AND
   34  SUPERVISION OF LOCAL CHARGES WHERE COUNTIES CONFORM WITH REQUIREMENTS OF
   35  SUBDIVISION B OF SECTION TWO HUNDRED EIGHTEEN-A OF THE COUNTY LAW.
   36    4. EXPENDITURES MADE BY THE MONROE COUNTY SOCIAL SERVICES DISTRICT FOR
   37  AFTERCARE SUPERVISION AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE  OF
   38  SECTION  FIVE  HUNDRED TWENTY-NINE OF THIS TITLE PROVIDED TO ADJUDICATED
   39  JUVENILE DELINQUENTS BY THE MONROE COUNTY JUVENILE JUSTICE CENTER  SHALL
   40  BE  SUBJECT TO REIMBURSEMENT BY THE STATE UPON APPROVAL BY THE OFFICE OF
   41  CHILDREN AND FAMILY SERVICES IN ACCORDANCE WITH SUCH OFFICE'S RULES  AND
   42  REGULATIONS, AS FOLLOWS:
   43    (A) THE FULL AMOUNT EXPENDED BY THE DISTRICT FOR AFTERCARE SUPERVISION
   44  OF STATE CHARGES; AND
   45    (B)  FIFTY  PERCENT  OF  THE  AMOUNT  EXPENDED  BY  THE  DISTRICT  FOR
   46  AFTER-CARE SUPERVISION OF LOCAL CHARGES.
   47    S 11. This act shall take effect immediately and shall expire  and  be
   48  deemed  repealed  4  years  after  the  initial admittance of a child to
   49  detention or placement; provided that Monroe  county  shall  notify  the
   50  legislative  bill drafting commission of the date of such initial place-
   51  ment in order that the commission may maintain an  accurate  and  timely
   52  effective data base of the official text of the laws of the state of New
   53  York  in  furtherance  of  effecting the provisions of section 44 of the
   54  legislative law and section 70-b of the public officers law.
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