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A04982 Summary:

BILL NOA04982A
 
SAME ASSAME AS S04051-A
 
SPONSORHevesi
 
COSPNSREpstein, Simon, Abinanti, Seawright, Aubry, Gottfried, Jackson, Mitaynes, Forrest, Quart, Gonzalez-Rojas, Meeks, Mamdani, Perry, Burdick, Dickens, Walker, Barron, Lunsford, Kelles, Lupardo
 
MLTSPNSR
 
Amd §§301.2, 304.1, 306.1, 308.1, 353.2, 353.6 & 354.1, Fam Ct Act; amd §§409-a & 458-m, add Art 6 Title 12-A §458-o, Soc Serv L; amd §§840, 502 & 507-a, Exec L
 
Raises the lower age of juvenile delinquency jurisdiction from seven to twelve years of age; establishes differential response programs for children under the age of twelve.
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A04982 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4982A
 
SPONSOR: Hevesi
  TITLE OF BILL: An act to amend the family court act, the social services law and the executive law, in relation to raising the lower age of juvenile delin- quency jurisdiction from age seven to age twelve and to establish differential response programs for children under the age of twelve   PURPOSE OR GENERAL IDEA OF BILL: This bill would raise the lower age of juvenile delinquency from seven years old to twelve years old and would create differential response programs for children under the age of twelve whose behavior but for their age would bring them within the jurisdiction of the family court in an effort to prevent future interaction with the juvenile justice system.   SUMMARY OF PROVISIONS: Section one of the bill would by amend the definition of "juvenile delinquent" to mean a person at least twelve years of age. This section would also consider children between the ages of seven and twelve to still be considered a juvenile delinquent if they committed certain acts relating to homicide that would constitute a crime. Section two of the bill would amend the definition of "designated felony act" by raising the lower age of allegedly committing a designated felo- ny act to at least twelve. Section three of the bill would raise the restriction on detention in a secure detention facility of a child from under ten years old to under thirteen years old unless such child is at least ten years old and is considered a juvenile delinquent that has committed certain crimes relating to homicide. Section four of this bill would raise the lower age to. at least twelve for fingerprinting of certain alleged juvenile delinquents. Section five would raise the lower age to at least twelve in, instances where the alleged act committed by a juvenile delinquent constitutes an A or B felony for probation services to certify to the division of crim- inal justice services and the appropriate law enforcement agency that the potential respondents fingerprints have been taken. Section six would remove the age requirement for probation to require a respondent to make restitution or perform services for the public good. Section seven would remove the age requirement for restitution at the conclusion of a dispositional hearing. Section eight would make various conforming changes to raise the lower age to twelve which relates to the destruction of fingerprints, palm prints, photographs, and copies thereof, and all information relating to such allegations obtained by the division of criminal justice services, except in instances where the respondent is adjudicated a juvenile delinquent for a class A or B felony. Section nine would provide preventative services for children under the age of twelve whose behavior, but for their age, would bring them within the jurisdiction of the family court, and the local social services official determines that the child is at risk of being placed in foster care unless the child is considered a juvenile delinquent between the age of seven to twelve that has committed certain crimes relating to homicide. Section ten would require local social services districts to establish differential response programs for children under twelve whose behavior but for their age would bring them within the jurisdiction of the family court unless the child is considered a juvenile delinquent between the ages of seven to twelve that has committed certain crimes relating to homicide. Such programs would be required to be approved by the Office of Children and Family Services (OCFS) and utilize appropriate assess- ments and determine what, if any, services should be provided to such youth to help reduce future interaction with the juvenile justice and child welfare systems. This section would also restrict access to the records created as part of such programs. Expenditures made by a local social services district pursuant to a differential response program would be required to be reimbursable from the annual appropriations relating to preventive services, family support services, and super- vision and treatment services for juveniles. Lastly, this section would require OCFS to prepare an annual report on the differential response programs. Section eleven would expand the eligibility for "family support services programs" to include helping to reduce future interactions with the juvenile justice system and or child welfare system for children under 12 whose behavior but for their age would bring them within the juris- diction of the family court unless the child is considered a juvenile delinquent between the age of seven to twelve that has committed certain crimes relating to homicide. Section twelve would expand training programs for police officers whose main responsibilities are juveniles and the laws pertaining thereto, to include training in how to address children under twelve years of age whose behavior but for their age would bring them within the jurisdic- tion of the family court. Section thirteen and fourteen would make conforming changes to executive law relating to the definition of "youth" and placement and commitment procedures. Section fifteen would establish the effective date.   JUSTIFICATION: This bill intends to help reduce future interaction with the juvenile justice system and child welfare system by raising the lower age of juvenile delinquency from seven to twelve years old and ensuring chil- dren receive the necessary services in order to do so.   PRIOR. LEGISLATIVE HISTORY: 2019-2020: A.10727 (Jaffee)   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined.   EFFECTIVE DATE: This act shall take effect one year after it shall have become a law; provided, however, that the amendments to subparagraph (iii) of para- graph (a) of subdivision i of section 409-a of the social services law made by section nine of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith.
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A04982 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4982--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 10, 2021
                                       ___________
 
        Introduced  by  M.  of  A.  HEVESI, EPSTEIN, SIMON, ABINANTI, SEAWRIGHT,
          AUBRY, GOTTFRIED, JACKSON, MITAYNES, FORREST,  QUART,  GONZALEZ-ROJAS,
          MEEKS,  MAMDANI,  PERRY, BURDICK, DICKENS, WALKER, BARRON -- read once
          and referred to the Committee on Children and  Families  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        AN  ACT  to  amend the family court act, the social services law and the
          executive law, in relation to raising the lower age of juvenile delin-
          quency jurisdiction from age seven to  age  twelve  and  to  establish
          differential response programs for children under the age of twelve
 
          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 301.2 of the family court act, as
     2  amended by section 56 of part WWW of chapter 59 of the laws of 2017,  is
     3  amended to read as follows:
     4    1.  (i) "Juvenile delinquent" means a person [over seven and less than
     5  sixteen years of age, or commencing on October first, two thousand eigh-
     6  teen a person over seven and less  than  seventeen  years  of  age,  and
     7  commencing  October first, two thousand nineteen a person over seven] at
     8  least twelve and less than eighteen years of age, who, having  committed
     9  an  act  that  would  constitute  a  crime,  or  a violation, where such
    10  violation is alleged to have occurred in the same transaction or  occur-
    11  rence  of the alleged criminal act, if committed by an adult, (a) is not
    12  criminally responsible for such conduct by reason of infancy, or (b)  is
    13  the  defendant in an action ordered removed from a criminal court to the
    14  family court pursuant to article seven hundred twenty-five of the crimi-
    15  nal procedure law.
    16    (ii) Provided, however, if a person over the age  of  seven  and  less
    17  than twelve years of age  committed one of the following acts that would
    18  constitute  a crime if committed by an adult, such person shall still be
    19  considered a juvenile delinquent  for  purposes  of  this  article:  (A)
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08217-02-1

        A. 4982--A                          2
 
     1  aggravated criminally negligent homicide as defined in section 125.11 of
     2  the  penal  law;  (B)  vehicular  manslaughter  in  the second degree as
     3  defined in section 125.12 of the penal law; (C)  vehicular  manslaughter
     4  in  the  first degree as defined in section 125.13 of the penal law; (D)
     5  aggravated vehicular homicide as defined in section 125.14 of the  penal
     6  law;  (E) manslaughter in the second degree as defined in section 125.15
     7  of the penal law; (F) manslaughter in the first  degree  as  defined  in
     8  section  125.20  of  the  penal  law; (G) aggravated manslaughter in the
     9  second degree as defined in section 125.21 of the penal law; (H)  aggra-
    10  vated  manslaughter  in the first degree as defined in section 125.22 of
    11  the penal law; (I) murder in the second degree  as  defined  in  section
    12  125.25  of  the  penal  law; (J) aggravated murder as defined in section
    13  125.26 of the penal law; and (K) murder in the first degree  as  defined
    14  in section 125.27 of the penal law.
    15    §  2.    Subdivision  8  of  section 301.2 of the family court act, as
    16  amended by section 57 of part WWW of chapter 59 of the laws of 2017,  is
    17  amended to read as follows:
    18    8.  "Designated  felony  act" means an act which, if done by an adult,
    19  would be a crime: (i) defined in sections 125.27 (murder  in  the  first
    20  degree); 125.25 (murder in the second degree); 135.25 (kidnapping in the
    21  first  degree);  or  150.20 (arson in the first degree) of the penal law
    22  committed by a person thirteen,  fourteen,  fifteen,  [or]  sixteen,  or
    23  [commencing  October  first,  two thousand nineteen,] seventeen years of
    24  age; or such conduct committed as a  sexually  motivated  felony,  where
    25  authorized  pursuant to section 130.91 of the penal law; (ii) defined in
    26  sections 120.10 (assault in the first degree); 125.20  (manslaughter  in
    27  the  first  degree); 130.35 (rape in the first degree); 130.50 (criminal
    28  sexual act in the first degree); 130.70 (aggravated sexual abuse in  the
    29  first  degree);  135.20 (kidnapping in the second degree) but only where
    30  the abduction involved the use or  threat  of  use  of  deadly  physical
    31  force;  150.15  (arson  in  the second degree) or 160.15 (robbery in the
    32  first degree) of the penal law committed by a person thirteen, fourteen,
    33  fifteen, [or] sixteen, or[, commencing October first, two thousand nine-
    34  teen,] seventeen years of age; or such conduct committed as  a  sexually
    35  motivated  felony,  where  authorized  pursuant to section 130.91 of the
    36  penal law; (iii) defined in the penal law as an attempt to commit murder
    37  in the first or second degree or kidnapping in the first degree  commit-
    38  ted  by a person thirteen, fourteen, fifteen, [or] sixteen, or [commenc-
    39  ing October first, two thousand nineteen,] seventeen years  of  age;  or
    40  such  conduct committed as a sexually motivated felony, where authorized
    41  pursuant to section 130.91 of the penal law;  (iv)  defined  in  section
    42  140.30 (burglary in the first degree); subdivision one of section 140.25
    43  (burglary  in  the  second  degree);  subdivision  two of section 160.10
    44  (robbery in the second degree) of the penal law; or  section  265.03  of
    45  the  penal  law,  where such machine gun or such firearm is possessed on
    46  school grounds, as that phrase is defined  in  subdivision  fourteen  of
    47  section  220.00  of  the  penal  law  committed  by a person fourteen or
    48  fifteen years of age; or such conduct committed as a sexually  motivated
    49  felony,  where  authorized  pursuant to section 130.91 of the penal law;
    50  (v) defined in section 120.05 (assault in the second degree)  or  160.10
    51  (robbery  in  the  second degree) of the penal law committed by a person
    52  fourteen, fifteen, [or] sixteen or[, commencing October first, two thou-
    53  sand nineteen,] seventeen years of age but only where there has  been  a
    54  prior  finding  by  a court that such person has previously committed an
    55  act which, if committed by an adult, would be the crime  of  assault  in
    56  the second degree, robbery in the second degree or any designated felony

        A. 4982--A                          3
 
     1  act  specified  in  paragraph  (i),  (ii),  or (iii) of this subdivision
     2  regardless of the age of such person at the time of  the  commission  of
     3  the  prior  act;  (vi) other than a misdemeanor committed by a person at
     4  least  [seven but less than seventeen years of age, and commencing Octo-
     5  ber first, two thousand nineteen, a person at least  seven]  twelve  but
     6  less  than  eighteen  years of age, but only where there [has] have been
     7  two prior findings by the court that such person has committed  a  prior
     8  felony.
     9    §  3.  Subdivision  3  of  section  304.1  of the family court act, as
    10  amended by section 59 of part WWW of chapter 59 of the laws of 2017,  is
    11  amended to read as follows:
    12    3.  The  detention  of  a child under [ten] thirteen years of age in a
    13  secure detention facility  shall  not  be  directed  under  any  of  the
    14  provisions  of this article, unless such child is at least ten years old
    15  and is considered a juvenile delinquent pursuant to  paragraph  (ii)  of
    16  subdivision one of section 301.2 of this article.
    17    §  4.  Paragraph  (a)  of subdivision 1 of section 306.1 of the family
    18  court act, as amended by chapter 645 of the laws of 1996, is amended  to
    19  read as follows:
    20    (a)  the child is [eleven] at least twelve years of age [or older] and
    21  the crime which is the subject of the arrest or which is charged in  the
    22  petition constitutes a class A or B felony; or
    23    § 5. Subdivision 12 of section 308.1 of the family court act, as added
    24  by chapter 920 of the laws of 1982, is amended to read as follows:
    25    12.  The  probation  service shall certify to the division of criminal
    26  justice services  and  to  the  appropriate  police  department  or  law
    27  enforcement  agency  whenever  it  adjusts a case in which the potential
    28  respondent's fingerprints were taken pursuant to section  306.1  in  any
    29  manner  other than the filing of a petition for juvenile delinquency for
    30  an act which, if committed by  an  adult,  would  constitute  a  felony,
    31  provided,  however,  in  the case of a child [eleven or] twelve years of
    32  age, such certification shall be made only if the act would constitute a
    33  class A or B felony.
    34    § 6.  Paragraph (f) of subdivision 2 of section 353.2  of  the  family
    35  court  act, as amended by chapter 124 of the laws of 1993, is amended to
    36  read as follows:
    37    (f) make restitution or perform services for the public good  pursuant
    38  to section 353.6[, provided the respondent is over ten years of age];
    39    §  7.   The opening paragraph of subdivision 1 of section 353.6 of the
    40  family court act, as amended by chapter 877 of  the  laws  of  1983,  is
    41  amended to read as follows:
    42    At  the  conclusion  of  the dispositional hearing [in cases involving
    43  respondents over ten years of age] the court may:
    44    § 8.  Subdivisions 1, 2, 6 and 7 of section 354.1 of the family  court
    45  act,  subdivision  1  as  added  by  chapter 920 of the laws of 1982 and
    46  subdivisions 2, 6 and 7 as amended by chapter 645 of the laws  of  1996,
    47  are amended to read as follows:
    48    1.  If  a  person  whose  fingerprints, palmprints or photographs were
    49  taken pursuant to section 306.1 or  was  initially  fingerprinted  as  a
    50  juvenile  offender  and  the  action is subsequently removed to a family
    51  court pursuant to article seven  hundred  twenty-five  of  the  criminal
    52  procedure  law  is adjudicated to be a juvenile delinquent for a felony,
    53  the family court shall forward or cause to be forwarded to the  division
    54  of  criminal justice services notification of such adjudication and such
    55  related information as may  be  required  by  such  division,  provided,
    56  however,  in  the  case of a person [eleven or] twelve years of age such

        A. 4982--A                          4
 
     1  notification shall be provided only if the act upon  which  the  adjudi-
     2  cation is based would constitute a class A or B felony.
     3    2.  If  a  person  whose  fingerprints, palmprints or photographs were
     4  taken pursuant to section 306.1 or  was  initially  fingerprinted  as  a
     5  juvenile offender and the action is subsequently removed to family court
     6  pursuant  to article seven hundred twenty-five of the criminal procedure
     7  law has had all petitions disposed of by the family court in any  manner
     8  other  than an adjudication of juvenile delinquency for a felony, but in
     9  the case of acts committed when such person was [eleven or] twelve years
    10  of age which would constitute a class A or B felony only, all such fing-
    11  erprints, palmprints, photographs, and copies thereof, and all  informa-
    12  tion  relating  to such allegations obtained by the division of criminal
    13  justice services pursuant to section 306.1 shall be destroyed forthwith.
    14  The clerk of the court shall notify the commissioner of the division  of
    15  criminal  justice  services  and the heads of all police departments and
    16  law enforcement agencies  having  copies  of  such  records,  who  shall
    17  destroy such records without unnecessary delay.
    18    6. If a person fingerprinted pursuant to section 306.1 and subsequent-
    19  ly  adjudicated  a  juvenile delinquent for a felony, but in the case of
    20  acts committed when such a person was [eleven or] twelve  years  of  age
    21  which  would  constitute  a  class  A  or B felony only, is subsequently
    22  convicted of a crime, all fingerprints and related information  obtained
    23  by  the  division  of criminal justice services pursuant to such section
    24  and not destroyed pursuant to subdivisions two, five and seven or subdi-
    25  vision twelve of section 308.1 shall  become  part  of  such  division's
    26  permanent adult criminal record for that person, notwithstanding section
    27  381.2 or 381.3.
    28    7.  When  a  person fingerprinted pursuant to section 306.1 and subse-
    29  quently adjudicated a juvenile delinquent for a felony, but in the  case
    30  of  acts  committed when such person was [eleven or] twelve years of age
    31  which would constitute a class A or B felony only, reaches  the  age  of
    32  twenty-one,  or has been discharged from placement under this act for at
    33  least  three  years,  whichever  occurs  later,  and  has  no   criminal
    34  convictions  or pending criminal actions which ultimately terminate in a
    35  criminal conviction,  all  fingerprints,  palmprints,  photographs,  and
    36  related  information  and  copies  thereof  obtained pursuant to section
    37  306.1 in the possession of the division of  criminal  justice  services,
    38  any  police department, law enforcement agency or any other agency shall
    39  be destroyed forthwith. The division of criminal justice services  shall
    40  notify the agency or agencies which forwarded fingerprints to such divi-
    41  sion  pursuant  to  section  306.1  of their obligation to destroy those
    42  records in their possession. In the case of a  pending  criminal  action
    43  which does not terminate in a criminal conviction, such records shall be
    44  destroyed forthwith upon such determination.
    45    §  9.  Paragraph  (a)  of subdivision 1 of section 409-a of the social
    46  services law, as amended by chapter 87 of the laws of 1993, subparagraph
    47  (i) as amended by chapter 342 of the laws of 2010, and subparagraph (ii)
    48  as amended by section 22 of part C of chapter 83 of the laws of 2002, is
    49  amended to read as follows:
    50    (a) A social services official shall provide preventive services to  a
    51  child  and  his  or  her family, in accordance with the family's service
    52  plan as required by section four hundred nine-e of this chapter and  the
    53  social  services  district's  child  welfare services plan submitted and
    54  approved pursuant to section four hundred nine-d of this chapter, upon a
    55  finding by such official that (i) the child will be placed, returned  to
    56  or  continued  in foster care unless such services are provided and that

        A. 4982--A                          5
 
     1  it is reasonable to believe that by providing such  services  the  child
     2  will be able to remain with or be returned to his or her family, and for
     3  a former foster care youth under the age of twenty-one who was previous-
     4  ly  placed  in  the  care and custody or custody and guardianship of the
     5  local commissioner of social services or other officer, board or depart-
     6  ment authorized to receive  children  as  public  charges  where  it  is
     7  reasonable  to believe that by providing such services the former foster
     8  care youth will avoid a return to foster care or (ii) the child  is  the
     9  subject  of  a petition under article seven of the family court act[, or
    10  has been determined by the assessment service  established  pursuant  to
    11  section  two  hundred  forty-three-a  of  the  executive law,] or by the
    12  probation service [where no such  assessment  service  has  been  desig-
    13  nated],  to  be at risk of being the subject of such a petition, and the
    14  social services official determines that the child is at risk of  place-
    15  ment into foster care or (iii) the child is under the age of twelve, the
    16  child does not fall under the definition of a juvenile delinquent pursu-
    17  ant  to paragraph (ii) of subdivision one of section 301.2 of the family
    18  court act and but for their age, their behavior would bring them  within
    19  the  jurisdiction  of  the family court pursuant to article three of the
    20  family court act, and the social services official determines  that  the
    21  child  is  at  risk of placement into foster care. Such finding shall be
    22  entered in the child's uniform case record  established  and  maintained
    23  pursuant  to  section four hundred nine-f of this [chapter] article. The
    24  commissioner shall promulgate  regulations  to  assist  social  services
    25  officials  in  making determinations of eligibility for mandated preven-
    26  tive services pursuant to this subparagraph.
    27    § 10.  Article 6 of the social services law is amended by adding a new
    28  title 12-A to read as follows:
    29                                 TITLE 12-A
    30          DIFFERENTIAL RESPONSE PROGRAMS FOR CHILDREN UNDER TWELVE
    31  Section 458-o. Differential response programs for children under twelve.
    32    § 458-o. Differential response programs for children under twelve.  1.
    33  Each  local social services district, upon the approval of the office of
    34  children and family services, shall establish a program that  implements
    35  differential  responses  to  provide  services  to children under twelve
    36  years of age, who do not fall under the definition  of  juvenile  delin-
    37  quent  pursuant to paragraph (ii) of subdivision one of section 301.2 of
    38  the family court act and whose behavior, but for their age, would  bring
    39  them  within  the  jurisdiction  of the family court pursuant to article
    40  three of the family court act. Such programs shall establish and utilize
    41  appropriate assessments and services for youth, in order to help  reduce
    42  future  interaction  with  the  juvenile  justice  and/or  child welfare
    43  systems. Such assessments shall be  used  to  determine  what,  if  any,
    44  services  are needed, and such services shall utilize the least restric-
    45  tive  intervention  protocols  available.  Notwithstanding   any   other
    46  provision  of  law to the contrary, the provisions of this section shall
    47  apply only to those cases involving children under twelve years of  age,
    48  who  do not fall under the definition of juvenile delinquent pursuant to
    49  paragraph (ii) of subdivision one of section 301.2 of the  family  court
    50  act  and  whose behavior, but for their age, would bring them within the
    51  jurisdiction of the family court pursuant to article three of the family
    52  court act.
    53    2. To establish a differential response  program,  each  local  social
    54  services district, as part of their district-wide child welfare services
    55  plan,  as  defined in section four hundred nine-d of this article, shall
    56  include a plan to serve the youth described in subdivision one  of  this

        A. 4982--A                          6
 
     1  section while utilizing certain criteria to be promulgated in regulation
     2  by  the office of children and family services including but not limited
     3  to the following:
     4    (a)  the  types of assessment to determine whether services are neces-
     5  sary, services and interventions to be provided to children and families
     6  included in the differential response program for such  children  and  a
     7  description  of  how  the  services will be offered. Such services shall
     8  include, but not be limited to, those services set forth in section four
     9  hundred nine-a of this article and section four hundred fifty-eight-m of
    10  this article;
    11    (b) a description of the process to be followed for planning and moni-
    12  toring the services provided under the differential responses;
    13    (c)   a description of how  the  differential  response  program  will
    14  enhance  the  ability of the district to reduce future interactions with
    15  the juvenile justice and child welfare systems, ensure  the  safety  and
    16  well-being  of  such children, and ways to ensure such program addresses
    17  adverse impacts on minority communities;
    18    (d) a description of the training that will be  provided  to  district
    19  and  any  non-district  staff  to  be  used in the differential response
    20  program including, but not limited to, a description of the training set
    21  forth in section eight hundred forty of the  executive  law  for  police
    22  officers whose main responsibilities are juveniles and the laws pertain-
    23  ing thereto; and
    24    (e)  a  description  of any additional funding that may be utilized to
    25  enhance the differential response program.
    26    3. (a) All records  created  as  part  of  the  differential  response
    27  program  for children described in subdivision one of this section shall
    28  include, but not be limited to, the initial and any  subsequent  reasons
    29  why a differential response is recommended for a child, documentation of
    30  all  services  offered  and accepted by such child and their family, the
    31  plan for supportive services for the child and  their  family,  and  all
    32  evaluations and assessments of the child's progress.
    33    (b)    Records created under the differential response program for the
    34  children described in subdivision one of this  section  shall  be  main-
    35  tained  for  five  years  after  a  child  is referred to a local social
    36  services district for intervention as described in this section or until
    37  the child reaches the age of twelve, whichever is sooner.
    38    (c)  All reports assigned to, and records created under, the differen-
    39  tial response program, including but not  limited  to  reports  made  or
    40  written  as  well as any other information obtained or photographs taken
    41  concerning such reports or records shall be confidential,  shall be made
    42  available only to an entity listed below which has been involved in  the
    43  particular  youth's  service  delivery,  and  shall  not be redisclosed,
    44  except as authorized pursuant to subparagraph (vi)  of  this  paragraph,
    45  utilizing  non-identifying  aggregated  information. Such entities shall
    46  include:
    47    (i) staff of the office of children and family  services  and  persons
    48  designated by the office of children and family services;
    49    (ii)    the  social services district responsible for the differential
    50  response program for children  described  in  subdivision  one  of  this
    51  section;
    52    (iii)  a  community-based   agency that has a contract with the social
    53  services district to carry out activities for  the  district  under  the
    54  differential response program;
    55    (iv)  a provider of services under the differential response program;

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     1    (v)  the child, or to their parent or legal guardian, and the attorney
     2  for the child; and
     3    (vi)  the  office  of children and family services and social services
     4  districts for the sole purpose of preparing the report required pursuant
     5  to subdivision five of this section.
     6    4. Expenditures by a social services district pursuant to this section
     7  shall be reimbursable  from  the  annual  appropriations  available  for
     8  social  services  district expenditures for child welfare services which
     9  shall include, but not  be  limited  to,  preventive  services  provided
    10  pursuant  to  section  four  hundred nine-a of this article, funding for
    11  family support services programs as set forth in  section  four  hundred
    12  fifty-eight-n of this article and supervision and treatment services for
    13  juveniles  program as set forth in section five hundred twenty-nine-b of
    14  the executive law. Nothing shall preclude  a  social  services  district
    15  from  seeking  private  funds for support of their differential response
    16  programs.
    17    5. The office of children and family  services  shall  report  on  the
    18  differential  response  programs  established  pursuant to this section,
    19  including the local social services district's efforts to reduce  future
    20  interactions  with  the  juvenile justice and child welfare systems, how
    21  the local social services districts are ensuring the safety and well-be-
    22  ing of such children, and how the program is addressing adverse  impacts
    23  on  minority communities, on an annual basis beginning one year from the
    24  start of every local social services  district's  differential  response
    25  program.
    26    §  11.  Subdivision  1 of section 458-m of the social services law, as
    27  added by section 18-b of part K of chapter 56 of the laws  of  2019,  is
    28  amended to read as follows:
    29    1.  As used in this title, the term "family support services programs"
    30  shall mean a program established  pursuant  to  this  title  to  provide
    31  community-based  supportive  services  to children and families with the
    32  goal of (i) preventing a child from being adjudicated a person  in  need
    33  of supervision and help prevent the out of home placements of such youth
    34  or  (ii)  preventing  a petition from being filed under article seven of
    35  the family court act, or (iii) to help reduce  future  interaction  with
    36  the  juvenile  justice  and/or  child  welfare system for children under
    37  twelve years of age, who do not fall under the  definition  of  juvenile
    38  delinquent  pursuant  to  paragraph  (ii)  of subdivision one of section
    39  301.2 of the family court act and whose  behavior,  but  for  their  age
    40  would bring them within the jurisdiction of the family court pursuant to
    41  article three of the family court act.
    42    §  12.  Paragraph (j) of subdivision 1 of section 840 of the executive
    43  law, as amended by chapter 617 of the laws of 1990, is amended  to  read
    44  as follows:
    45    (j) (1) Development, maintenance and dissemination of written policies
    46  and  procedures  pursuant  to  title  six  of  article six of the social
    47  services law and applicable provisions of  article  ten  of  the  family
    48  court  act, regarding the mandatory reporting of child abuse or neglect,
    49  reporting procedures and obligations  of  persons  required  to  report,
    50  provisions for taking a child into protective custody, mandatory report-
    51  ing  of deaths, immunity from liability, penalties for failure to report
    52  and obligations for the provision of services and  procedures  necessary
    53  to  safeguard  the  life  or  health of the child; (2) establishment and
    54  implementation on an ongoing  basis,  of  a  training  program  for  all
    55  current  and  new  police officers regarding the policies and procedures
    56  established pursuant to this  paragraph;  and  (3)  establishment  of  a

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     1  training  program  for  police  officers whose main responsibilities are
     2  juveniles and the laws  pertaining  thereto,  including  children  under
     3  twelve  years  of  age  who do not fall under the definition of juvenile
     4  delinquent  pursuant  to  paragraph  (ii)  of subdivision one of section
     5  301.2 of the family court act and whose  behavior,  but  for  their  age
     6  would bring them within the jurisdiction of the family court pursuant to
     7  article  three  of the family court act, which training program shall be
     8  successfully completed before such officers are accredited  pursuant  to
     9  section eight hundred forty-six-h of this chapter.
    10    § 13. Subdivision 4 of section 502 of the executive law, as amended by
    11  section  79 of part WWW of chapter 59 of the laws of 2017, is amended to
    12  read as follows:
    13    4. For purposes of this article, the term "youth" shall mean a  person
    14  not  less  than [seven] twelve years of age and not more than [twenty or
    15  commencing October first, two thousand nineteen, not more than]  twenty-
    16  two  years  of  age, unless such youth is over the age of seven and less
    17  than twelve years and is considered a juvenile  delinquent  pursuant  to
    18  paragraph  (ii)  of subdivision one of section 301.2 of the family court
    19  act.
    20    § 14. Paragraph (a) of subdivision 2 of section 507-a of the executive
    21  law, as amended by section 80 of part WWW of chapter 59 of the  laws  of
    22  2017, is amended to read as follows:
    23    (a) Consistent with other provisions of law, only those youth who have
    24  reached  the  age  of [seven] twelve but who have not reached the age of
    25  twenty-one, unless such youth is over the age of  seven  and  less  than
    26  twelve  years of age and is considered a juvenile delinquent pursuant to
    27  paragraph (ii) of subdivision one of section 301.2 of the  family  court
    28  act,  may  be placed in the custody of the office of children and family
    29  services. Except as provided for in paragraph (a-1) of this subdivision,
    30  no youth who has reached the age of twenty-one may remain in custody  of
    31  the office of children and family services.
    32    § 15. This act shall take effect one year after it shall have become a
    33  law;  provided,  however,  that  the  amendments to subparagraph (ii) of
    34  paragraph (a) of subdivision 1 of section 409-a of the  social  services
    35  law  made by section nine of this act shall not affect the expiration of
    36  such subparagraph and shall be deemed to expire therewith.
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