New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 8 - Executive Orders (Andrew M. Cuomo) › Section 8.83 - Executive order no. 83: temporary modification of provisions related to the new york city juvenile justice services close to home initiative

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, on October 26, 2012, I issued Executive Order
					 Number 47 declaring a disaster emergency in all 62 counties of the State of New
					 York; and
WHEREAS, on October 30, 2012, the President issued a major
					 disaster declaration for the counties of Bronx, Kings, New York, Queens and
					 Richmond; and
WHEREAS, the New York State Office of Children and Family
					 Services ("OCFS") approved, effective September 1, 2012, the plan of the New
					 York City Administration for Children's Services ("ACS"), acting as the
					 applicable social services district, to implement a Juvenile Justice Services
					 Close to Home Initiative for juvenile delinquents placed in non-secure
					 settings; and
WHEREAS, the Social Services Law and the Family Court Act
					 provide for an expedited process to transfer youth from OCFS to ACS custody
					 during the first 90 days after the effective date of an approved Juvenile
					 Justice Services Close to Home Initiative; and
WHEREAS, as a result of Hurricane Sandy, ACS, the family
					 courts for the five counties of the City of New York, attorneys for the youths
					 subject to such initiative, the families of such children and OCFS have
					 experienced multiple problems, including the loss of power, that have prevented
					 the filing of petitions pursuant to the expedited process. In addition, some
					 residential providers who are under contract to provide beds to provide
					 services to the transferred youths have been unable to open or maintain those
					 beds as a result of the storm, all of which has impeded the ability to
					 implement the initiative as quickly as the applicable laws intended; and
WHEREAS, the enforcement of certain State statutes relating
					 to such initiative, which OCFS has no ability to waive, could impede some
					 affected parties ability to address the disaster emergency or to provide
					 services to those affected by the disaster emergency;
NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State
					 of New York, by virtue of the authority vested in me by Section 29-a of Article
					 2-B of the Executive Law to temporarily suspend or modify specific provisions
					 of any statute, local law, ordinance, order, rule or regulation, or parts
					 thereof, of any agency during a State disaster emergency, if compliance with
					 such provisions would prevent, hinder or delay action necessary to cope with
					 the State disaster emergency, hereby temporarily modify from the date of this
					 Executive Order until further notice, the following laws:
1. Paragraph (a) of subdivision 6 of Section 404  of the Social Services Law to the extent that the timeframe for OCFS to
				  file petitions to transfer youths would be extended from ninety days to one
				  hundred twenty days after the effective date of ACS' approved plan for the
				  Juvenile Justice Services Close to Home Initiative for juvenile delinquents
				  placed in non-secure settings; and
2. Subdivision 2 of Section
				  355.1 of the Family Court Act to
				  the extent that the provisions in subdivision (b) of such section are modified
				  to extend, from the first ninety days to the first one hundred twenty days
				  after ACS' approved plan for said initiative is effective, the timeframe when
				  the applicable family court must decide petitions filed by OCFS to transfer the
				  custody of certain juvenile delinquents to ACS without a hearing; and, to
				  modify the provisions of subdivision (c) of such section to apply beginning one
				  hundred twenty-one days, instead of ninety-one days, after the effective date
				  of such plan.
Signed: Andrew M. CuomoDated: November 30, 2012