Bill Text: NY S02236 | 2019-2020 | General Assembly | Introduced

New York Senate Bill 2236 (Prior Session Legislation)

Introduced

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) 2020-01-08 - REFERRED TO CHILDREN AND FAMILIES [S02236 Detail]

Download: New_York-2019-S02236-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                          2236
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 23, 2019
                                       ___________
        Introduced  by  Sen. SANDERS -- 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 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    §  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.
                                                                   LBD07152-01-9