BILL NUMBER: S191
SPONSOR: MARTINEZ
 
TITLE OF BILL:
An act to amend the family court act, in relation to temporary orders of
protection
 
PURPOSE:
The purpose of this bill is to allow for an application for a temporary
order of protection by the county probation department in the adjustment
process.
 
SUMMARY OF PROVISIONS:
Section 1. Section 304.2 of the family court act, as added by chapter
683 of the laws of 1984 is amended to provide the county probation
department with the ability to apply for a temporary order of protection
as part of the adjustment process pursuant to CFR 204.31 and section
205.31 of the uniform rules for the family court.
Section 2. Is the enacting clause
 
JUSTIFICATION:
The Juvenile Delinquent Diversion process is an effort to avoid court
intervention for youth. This is typically applied to what are considered
low-level offenses including but not limited to graffiti, petit larceny,
and trespassing. Diversion programs utilize other resources such as
counseling, youth court, mediation, substance abuse treatment services,
etc. Currently, when an order of protection is sought, the respondent
(the youth) must appear in court. This bill would allow for the applica-
tion of a temporary order of protection by the county probation depart-
ment, and further provide a Family Court Judge with the discretion to
issue such temporary order of protection, during the adjustment process.
This alleviates the requirement of the youth offender appearing in
court, which is in alignment with the diversion mechanism.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.