Assembly Bill A2501A

2013-2014 Legislative Session

Authorizes the issuance of warrants and orders of protection in persons in need of supervision cases

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2013-A2501 - Details

Current Committee:
Assembly Codes
Law Section:
Family Court Act
Laws Affected:
Amd §§735 & 742, Fam Ct Act
Versions Introduced in Other Legislative Sessions:
2009-2010: A3085
2011-2012: A2276
2015-2016: A3538

2013-A2501 - Summary

Authorizes the issuance of warrants and orders of protection in persons in need of supervision cases.

2013-A2501 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2501

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2013
                               ___________

Introduced  by  M.  of A. ROBINSON, SCARBOROUGH, TITUS, PAULIN, PERRY --
  read once and referred to the Committee on Children and Families

AN ACT to amend the family court act, in relation to warrants and orders
  of protection in persons in need of supervision cases

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision (g) of section 735 of the family court act, as
added by section 7 of part E of chapter 57  of  the  laws  of  2005,  is
amended to read as follows:
  (g)  (i) The designated lead agency shall promptly give written notice
to the potential petitioner whenever attempts to prevent the filing of a
petition have terminated, and shall  indicate  in  such  notice  whether
efforts  were  successful.  The  notice  shall  also detail the diligent
attempts made to divert the case if a determination has been  made  that
there  is  no  substantial  likelihood  that the youth will benefit from
further attempts. No persons in need  of  supervision  petition  may  be
filed  pursuant  to  this  article during the period the designated lead
agency is providing diversion services. A finding by the designated lead
agency that the case has been  successfully  diverted  shall  constitute
presumptive  evidence that the underlying allegations have been success-
fully resolved in any petition based upon the same factual  allegations.
No petition may be filed pursuant to this article by the parent or other
person  legally  responsible for the youth where diversion services have
been terminated because of the failure of the  parent  or  other  person
legally responsible for the youth to consent to or actively participate.
  (ii)  [The] EXCEPT AS PROVIDED IN PARAGRAPH (III) OF THIS SUBDIVISION,
THE clerk of the court shall accept a petition for filing only if it has
attached thereto the following NOTICES:
  (A) if the potential petitioner is the parent or other person  legally
responsible  for  the  youth,  a  notice from the designated lead agency
indicating there is no bar to the filing of the petition as  the  poten-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00174-01-3
              

co-Sponsors

multi-Sponsors

2013-A2501A (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Family Court Act
Laws Affected:
Amd §§735 & 742, Fam Ct Act
Versions Introduced in Other Legislative Sessions:
2009-2010: A3085
2011-2012: A2276
2015-2016: A3538

2013-A2501A (ACTIVE) - Summary

Authorizes the issuance of warrants and orders of protection in persons in need of supervision cases.

2013-A2501A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2501--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2013
                               ___________

Introduced  by  M.  of  A.  ROBINSON, SCARBOROUGH, TITUS, PAULIN, PERRY,
  CLARK -- read once and referred to the Committee on Children and Fami-
  lies -- recommitted to the  Committee  on  Children  and  Families  in
  accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN ACT to amend the family court act, in relation to warrants and orders
  of protection in persons in need of supervision cases

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions (g) and (h) of section 735 of the family court
act, as added by section 7 of part E of chapter 57 of the laws of  2005,
are amended to read as follows:
  (g)  (i) The designated lead agency shall promptly give written notice
to the potential petitioner whenever attempts to prevent the filing of a
petition have terminated, and shall  indicate  in  such  notice  whether
efforts  were  successful.  The  notice  shall  also detail the diligent
attempts made to divert the case if a determination has been  made  that
there  is  no  substantial  likelihood  that the youth will benefit from
further attempts. No persons in need  of  supervision  petition  may  be
filed  pursuant  to  this  article during the period the designated lead
agency is providing diversion services. A finding by the designated lead
agency that the case has been  successfully  diverted  shall  constitute
presumptive  evidence that the underlying allegations have been success-
fully resolved in any petition based upon the same factual  allegations.
No petition may be filed pursuant to this article by the parent or other
person  legally  responsible for the youth where diversion services have
been terminated because of the failure of the  parent  or  other  person
legally responsible for the youth to consent to or actively participate.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00174-02-4

A. 2501--A                          2
              

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