New York S 2303: Requires probation, investigation and diagnostic assessment of certain juvenile delinquents with discernible handicapping conditions prior to dispositional hearings

Bill Text

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S02303 Summary:

BILL NOS02303 

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SAME ASSAME AS A10674

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SPONSORBAILEY

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COSPNSR

&nbsp

MLTSPNSR

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Amd §§351.1 & 353.4, Fam Ct Act

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Provides that prior to a dispositional hearing the judge shall order a probation investigation and a diagnostic assessment of a juvenile delinquent whom the court reasonably finds, on the record, to have a demonstrable need for a remediation of a discernible handicapping condition; allows judges to refer custody through various state agencies for placement into programs under protocol and funding provisions currently in existence.

Go to top S02303 Actions:

BILL NOS02303 

&nbsp

01/16/2025REFERRED TO CHILDREN AND FAMILIES

01/07/2026REFERRED TO CHILDREN AND FAMILIES

Go to topS02303 Committee&nbspVotes:

Go to topS02303 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS02303 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2303

 2025-2026 Regular Sessions

 IN SENATE

 January 16, 2025
 ___________

 Introduced by Sen. BAILEY -- 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 probation, investi-
 gation and diagnostic assessment of juvenile delinquents or any other
 juvenile delinquent whom the court reasonably finds, on the record, to
 have a demonstrable need for a remediation of a discernible handicap-
 ping condition

 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 351.1 of the family court act, as
 2 amended by chapter 398 of the laws of 1983, is amended to read as
 3 follows:
 4 1. Following a determination that a respondent has committed a desig-
 5 nated felony act or any other juvenile delinquent whom the court reason-
 6 ably finds, on the record, to have a demonstrable need for a remediation
 7 of a discernible handicapping condition and prior to the dispositional
 8 hearing, the judge shall order a probation investigation and a diagnos-
 9 tic assessment. For the purposes of this article, the probation investi-
 10 gation shall include, but not be limited to, the history of the juvenile
 11 including previous conduct, the family situation, any previous psycho-
 12 logical and psychiatric reports, school adjustment, previous social
 13 assistance provided by voluntary or public agencies and the response of
 14 the juvenile to such assistance. For the purposes of this article, the
 15 diagnostic assessment shall include, but not be limited to, psycholog-
 16 ical tests and psychiatric interviews to determine mental capacity and
 17 achievement, emotional stability and mental disabilities. It shall
 18 include a clinical assessment of the situational factors that may have
 19 contributed to the act or acts. When feasible, expert opinion shall be
 20 rendered as to the risk presented by the juvenile to others or [himself]
 21 themself, with a recommendation as to the need for a restrictive place-
 22 ment.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06270-01-5

 S. 2303 2

 1 § 2. Subdivision 3 of section 351.1 of the family court act, as added
 2 by chapter 920 of the laws of 1982, is amended to read as follows:
 3 3. A child shall not be placed in accord with section 353.3 unless the
 4 court has ordered a probation investigation prior to the dispositional
 5 hearing; a child shall not be placed in accord with section 353.4 unless
 6 the court has ordered a diagnostic assessment prior to such hearing. The
 7 diagnostic assessment shall be completed by an interdisciplinary team
 8 consisting of, but not limited to, a psychologist, a social worker, a
 9 special educator, a physician, and a law guardian and/or legal counsel.
 10 § 3. Subdivisions 1 and 4 of section 353.4 of the family court act,
 11 subdivision 1 as amended by chapter 37 of the laws of 2016 and subdivi-
 12 sion 4 as added by chapter 920 of the laws of 1982, are amended to read
 13 as follows:
 14 1. If at the conclusion of the dispositional hearing and in accordance
 15 with section 352.2 of this act the court finds that the respondent has a
 16 mental il