Bill Text: NY A04537 | 2015-2016 | General Assembly | Introduced

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Bill Title: Provides for the issuance of summonses to each parent, including a non-custodial parent, of any juvenile who is the subject of a juvenile delinquency petition.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-03-03 - enacting clause stricken [A04537 Detail]

Download: New_York-2015-A04537-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4537
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 3, 2015
                                      ___________
       Introduced  by M. of A. CLARK -- read once and referred to the Committee
         on Children and Families
       AN ACT to amend the family court act, in relation to service of summons-
         es upon parents in juvenile delinquency cases
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Section 312.1 of the family court act is amended by adding
    2  a new subdivision 4 to read as follows:
    3    4. UPON THE FILING OF A PETITION UNDER THIS ARTICLE, THE  COURT  SHALL
    4  ISSUE A SUMMONS TO EACH PARENT OF THE RESPONDENT, INCLUDING A NON-CUSTO-
    5  DIAL  PARENT,  APART FROM THE PARENT OR PERSON LEGALLY RESPONSIBLE NAMED
    6  IN SUBDIVISION ONE OF THIS SECTION, PROVIDED THAT THE  ADDRESS  OF  SUCH
    7  NOTICED  PARENT HAS BEEN PROVIDED BY THE OFFICE OF PROBATION AND CORREC-
    8  TIONAL ALTERNATIVES OR PRESENTMENT AGENCY. THE OFFICE OF  PROBATION  AND
    9  CORRECTIONAL ALTERNATIVES AND PRESENTMENT AGENCY SHALL ASK THE CUSTODIAL
   10  PARENT OR PERSON LEGALLY RESPONSIBLE FOR INFORMATION REGARDING ANY OTHER
   11  PARENT OR PARENTS OF THE RESPONDENT. THE SUMMONS SHALL PROVIDE NOTICE TO
   12  THE  PARENT  OR  PARENTS  OF  THE RIGHT TO APPEAR AND PARTICIPATE IN THE
   13  PROCEEDING AND TO SEEK TEMPORARY RELEASE OR,  UPON  DISPOSITION,  DIRECT
   14  PLACEMENT,  OF  THE  RESPONDENT. THE PRESENTMENT AGENCY SHALL PERSONALLY
   15  SERVE THE SUMMONS AND PETITION AT LEAST  TWENTY-FOUR  HOURS  BEFORE  THE
   16  TIME  STATED  IN  SUCH SUMMONS AND PETITION FOR APPEARANCE, OR MAY SERVE
   17  THE SUMMONS AND PETITION BY MAIL AT LEAST FIVE DAYS  BEFORE  SUCH  DATE.
   18  THE  FAILURE  OF  SUCH  NOTICED  PARENT TO APPEAR SHALL NOT BE CAUSE FOR
   19  DELAY OF THE RESPONDENT'S INITIAL  APPEARANCE,  AS  DEFINED  BY  SECTION
   20  320.1 OF THIS ARTICLE.
   21    S  2.  This  act shall take effect on the ninetieth day after it shall
   22  have become a law, and shall apply to any juvenile who is the subject of
   23  a juvenile delinquency petition filed on or after such effective date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08622-01-5