S1602-2011 Actions

• Jan 4, 2012: REFERRED TO CHILDREN AND FAMILIES
• Jan 10, 2011: REFERRED TO CHILDREN AND FAMILIES

S1602-2011 Memo

BILL NUMBER:S1602

TITLE OF BILL:

An act
to amend the executive law, in relation to the office of children and
family services and facilitating use of alternatives to detention
programs

GENERAL IDEA OF BILL:

To maximize existing resources with the goal of diverting youth from
placement in the juvenile justice system.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill would require the Office of Children and Family
Services to encourage and provide technical assistance to counties in
order to maximize existing alternative to detention and placement
programs. The office would also be required to promote inter county
utilization of alternative to detention and placement programs
wherever feasible, so that one county may use the programs and
services of another county.

Section 2 would set an immediate effective date.

JUSTIFICATION:

Alternative to detention and alternative to placement programs have
proven effective in reducing the number of youth entering the
juvenile justice system. Such programs may be administered by
entities including the local social services district, the local
probation department or a non-for-profit agency.
Family Court judges may order the youth attend a program in lieu of
placement in residential facilities, where public safety would not be
at risk.

The supply of alternative programs varies throughout the State.
Particularly in rural regions, few programs exist to prevent a youth
from entering placement in a detention facility or State operated
residential facility. While a county may lack the resources to
prevent placement, a neighboring county may have an appropriate
program with an existing slot. This bill would require OCFS to foster
discussion among local districts so that such programs may be
identified and shared between counties. OCFS would provide technical
assistance where necessary to implement inter-county utilization. The
goal of this bill is to achieve the maximum utilization of existing
alternative programs, so that fewer youth enter placement
unnecessarily.

PRIOR LEGISLATIVE HISTORY:
First introduced in 2009.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
This bill would serve the State and Local Governments money by
promoting efficiencies.


EFFECTIVE DATE:
This act shall take effect immediately.

S1602-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1602
 2011-2012 Regular Sessions
 I N  SENATE
 January 10, 2011
 
 Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
 when printed to be committed to the Committee on Children and Families
 

AN ACT to amend the executive law, in relation to the office of children
 and family services and facilitating use of alternatives to  detention
 programs
 

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

 

Section 1. Subdivisions 9, 10, 11, 12, 13, 14, 15 and  16  of  section
 501  of  the  executive law, subdivisions 12, 13 and 14 as renumbered by
 chapter 465 of the laws of 1992, subdivision 16 as renumbered by chapter
 170 of the laws of 1994, are renumbered subdivisions 10, 11, 12, 13, 14,
 15, 16 and 17 and a new subdivision 9 is added to read as follows:

 9. (A) TO ENCOURAGE AND PROVIDE TECHNICAL ASSISTANCE TO  LOCAL  SOCIAL
 SERVICES  DISTRICTS AND TO ACHIEVE MAXIMUM UTILIZATION OF ALTERNATIVE TO
 DETENTION AND PLACEMENT PROGRAMS AND TO PROMOTE EFFICIENCY IN THE DELIV
 ERY OF SERVICES PROVIDED TO PERSONS ALLEGED OR DETERMINED TO BE IN  NEED
 OF SUPERVISION PURSUANT TO ARTICLE SEVEN OF THE FAMILY COURT ACT AND FOR
 PERSONS  ALLEGED  OR  DETERMINED  TO  BE JUVENILE DELINQUENTS AT RISK OF
 DETENTION OR PLACEMENT PURSUANT TO ARTICLE THREE  OF  THE  FAMILY  COURT
 ACT.  FOR  THE  PURPOSES  OF THIS SUBDIVISION, SUCH PROGRAMS MAY INCLUDE
 PROGRAMS WITH THE GOAL  OF  REDUCING  RISK  BEHAVIORS  AMONG  YOUTH  AND
 PROMOTING POSITIVE YOUTH DEVELOPMENT.
 (B) INTER-COUNTY UTILIZATION OF PROGRAMS AND SERVICES SHALL BE ENCOUR
 AGED  BY THE OFFICE TO THE EXTENT PRACTICABLE AND TO PROMOTE THE MAXIMI
 ZATION OF RESOURCES. THE OFFICE SHALL PROVIDE  TECHNICAL  ASSISTANCE  TO
 COUNTIES WHICH SHALL INCLUDE BUT NOT BE LIMITED TO, IDENTIFYING PROGRAMS
 AND  SERVICES  FOR INTER-COUNTY UTILIZATION, MAKING ANY FEASIBLE PROGRAM
 MODIFICATIONS NECESSARY TO ACHIEVE INTER-COUNTY UTILIZATION, AND ASSIST
 ING THE COLLABORATION OF COUNTIES AND COUNTY AGENCIES WITHIN A  REGIONAL
 AREA.  FOR  THE  PURPOSES  OF THIS SUBDIVISION, INTER-COUNTY UTILIZATION
 SHALL MEAN THE COOPERATIVE  SHARING  OF  ALTERNATIVE  TO  DETENTION  AND
 PLACEMENT  PROGRAMS, SO THAT YOUTH MAY UTILIZE SUCH PROGRAMS OUTSIDE HIS
 OR HER OWN COUNTY RESIDENCE.
 

S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06140-01-1

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