Bill Text: NY S00066 | 2011-2012 | General Assembly | Introduced

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Bill Title: Provides that a child shall not be placed in the custody of the office of children and family services at the conclusion of a dispositional hearing unless the court finds that conditional discharge would not be appropriate and that the respondent poses a significant threat to public safety.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO CHILDREN AND FAMILIES [S00066 Detail]

Download: New_York-2011-S00066-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          66
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced by Sens. MONTGOMERY, ADAMS, DUANE, HASSELL-THOMPSON, KRUEGER,
         PARKER, SAMPSON -- 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 orders of disposi-
         tion
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Subdivision 1 of section 352.2 of the family court act, as
    2  added by chapter 920 of the laws of 1982, is amended to read as follows:
    3    1. (A) Upon the conclusion of the  dispositional  hearing,  the  court
    4  shall enter an order of disposition:
    5    [(a)]  (I)  conditionally  discharging  the  respondent in accord with
    6  section 353.1 OF THIS PART; or
    7    [(b)] (II) putting the respondent on probation in accord with  section
    8  353.2 OF THIS PART; or
    9    [(c)]  (III)  continuing  the proceeding and placing the respondent in
   10  accord with section 353.3 OF THIS PART; or
   11    [(d)] (IV) placing the respondent in accord with section 353.4 OF THIS
   12  PART; or
   13    [(e)] (V) continuing the proceeding and placing the respondent under a
   14  restrictive placement in accord with section 353.5 OF THIS PART.
   15    (B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF  THIS  SUBDIVI-
   16  SION,  THE  COURT  SHALL  NOT  PLACE  A RESPONDENT IN THE CUSTODY OF THE
   17  COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES  PURSUANT  TO
   18  EITHER  SUBPARAGRAPHS (III) OR (IV) OF PARAGRAPH (A) OF THIS SUBDIVISION
   19  UNLESS THE COURT DETERMINES THAT:
   20    (I) CONDITIONAL DISCHARGE OF THE RESPONDENT  IN  ACCORD  WITH  SECTION
   21  351.1  OF  THIS  PART,  OR PUTTING THE RESPONDENT ON PROBATION IN ACCORD
   22  WITH SECTION 353.2 OF THIS PART, WOULD NOT BE APPROPRIATE; AND
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01548-02-1
       S. 66                               2
    1    (II) THAT PLACEMENT OF THE RESPONDENT IS CONSISTENT WITH THE NEED  FOR
    2  THE PROTECTION OF THE COMMUNITY AND THE BEST INTERESTS OF THE CHILD, AND
    3  THAT  NO  AVAILABLE  ALTERNATIVES TO PLACEMENT COULD ADEQUATELY MITIGATE
    4  SUCH NEED.
    5    S 2. Paragraph (a) of subdivision 2 and subdivision 3 of section 352.2
    6  of  the  family  court act, paragraph (a) of subdivision 2 as amended by
    7  chapter 880 of the laws of 1985 and subdivision 3 as  added  by  chapter
    8  920 of the laws of 1982, are amended to read as follows:
    9    (a)  In  determining an appropriate order the court shall consider AND
   10  SHALL DIRECT A DISPOSITION THAT SPECIFICALLY MEETS the  needs  and  best
   11  interests  of  the  respondent as well as the need for protection of the
   12  community. If the respondent has committed a designated felony  act  the
   13  court shall determine the appropriate disposition in accord with section
   14  353.5  OF THIS PART.  In all other cases the court shall order the least
   15  restrictive available alternative enumerated in subdivision one which is
   16  consistent with the needs and best interests of the respondent  and  the
   17  need for protection of the community.
   18    3. The order shall state the court's reasons for the particular dispo-
   19  sition, including[,]:
   20    (A)  in  the case of a restrictive placement pursuant to section 353.5
   21  OF THIS PART, the specific findings of fact required in such section[.];
   22  AND
   23    (B) IN THE CASE OF PLACEMENT OF THE RESPONDENT IN THE CUSTODY  OF  THE
   24  OFFICE  OF CHILDREN AND FAMILY SERVICES EITHER PURSUANT TO SECTION 353.3
   25  OR 353.4 OF THIS PART, THE SPECIFIC FINDINGS OF FACT REQUIRED  BY  PARA-
   26  GRAPH (B) OF SUBDIVISION ONE OF THIS SECTION.
   27    S  3.  This  act  shall take effect on the sixtieth day after it shall
   28  have become a law.