of newborn infants, including newly born infants adopted by the insured or subscriber if such insured or subscriber takes physical custody of the infant upon such infant's release from the hospital and files a petition pursuant to section one hundred fifteen-c of the domestic relations law within thirty days of birth; and provided further that no notice of revocation to the adoption has been filed pursuant to section one hundred fifteen-b of the domestic relations law and consent to the adoption has not been revoked, shall be effective from the moment of birth for injury or sickness including the necessary care and treatment of medically diagnosed congenital defects and birth abnormalities including premature birth, except that in cases of adoption, coverage of the initial hospital stay shall not be required where a natural parent has insurance coverage available for the infant's care. In the case of individual coverage the insurer must also permit the person to whom the certificate is issued to elect such coverage of newborn infants from the moment of birth. If notification and/or payment of an additional premium or contribution is required to make coverage effective for a newborn infant, the coverage may provide that such notice and/or payment be made within no less than thirty days of the day of birth to make coverage effective from the moment of birth. This election shall not be required in the case of student insurance or where the group's plan does not provide coverage for dependent children. § 3. Paragraph 1 of subsection (d) of section 4304 of the insurance law, as amended by chapter 131 of the laws of 1992, is amended to read as follows: as (1) No contract issued pursuant to this section shall entitle more than one person to benefits except that a contract issued and marked a "family contract" may provide that benefits will be furnished to a husband and wife, or husband, wife and their dependent child or children, or any child or children not over nineteen years of age, provided that an unmarried student at an accredited institution of learning may be considered a dependent until he becomes twenty-three years of age, and provided also that the coverage of any such "family contract" shall include any other unmarried child, regardless of age, who is incapable of self-sustaining employment by reason of mental illness, developmental disability, mental retardation, as defined in the mental hygiene law, or physical handicap and who became so incapable prior to attainment of the age at which dependent coverage would otherwise terminate, so that such child may be considered a dependent. Notwithstanding any rule, regulation or law to the contrary, any "family contract" shall provide that coverage of newborn infants, including newly born infants adopted by the insured or subscriber if such insured or subscriber takes physical custody of the infant upon such infant's release from the hospital and files a petition pursuant to section one hundred fifteen-c of the domestic relations law within thirty days of birth; and provided further that no notice of revocation to the adoption has been filed pursuant to section one hundred fifteen-b of the domestic relations law and consent to the adoption has not been revoked, shall be effective from the moment of birth for injury or sickness including the necessary care and treatment of medically diagnosed congenital defects and birth abnormalities including premature birth, except that [this] in cases of adoption, coverage of the initial hospital stay shall not be required where a natural parent has insurance coverage available for the infant's care. This provision regarding coverage of newborn infants shall not apply to two person coverage. In the case of individual or two person coverages the corporation must also permit the person to whom the policy is issued to elect such coverage of newborn infants from the moment of birth. If notification and/or payment of an additional premium or contribution is required to make coverage effective for a newborn infant, the coverage may provide that such notice and/or payment be made within no less than thirty days of the day of birth to make coverage effective from the moment of birth. This election shall not be required in the case of student insurance or where the group remitting agent's plan does not provide coverage for dependent children. § 4. Paragraph 1 of subsection (c) of section 4305 of the insurance law, as amended by chapter 131 of the laws of 1992, is amended to read as follows: (1) Any such contract may provide that benefits will be furnished to a member of a covered group, for himself, his spouse, his child or children, or other persons chiefly dependent upon him for support and maintenance; provided that a contract under which coverage of a dependent of member terminates at a specified age shall, with respect to an unmar a of ried child who is incapable of self-sustaining employment by reason of mental illness, developmental disability, mental retardation, as defined in the mental hygiene law, or physical handicap and who became so incapable prior to attainment of the age at which dependent coverage would otherwise terminate and who is chiefly dependent upon such member for support and maintenance, not so terminate while the contract remains in force and the dependent remains in such condition, if the member has within thirty-one days of such dependent's attainment of the termination age submitted proof of such dependent's incapacity as described herein. Notwithstanding any rule, regulation or law to the contrary, any contract under which a member elects coverage for himself, his spouse, his children or other persons chiefly dependent upon him for support and maintenance shall provide that coverage of newborn infants, including newly born infant's adopted by the insured or subscriber if such insured or subscriber takes physical custody of the infant upon such infant's release from the hospital and files a petition pursuant to section one hundred fifteen-c of the domestic relations law within thirty days birth; and provided further that no notice of revocation to the adoption has been filed pursuant to section one hundred fifteen-b of the domestic relations law and consent to the adoption has not been revoked, shall be effective from the moment of birth for injury or sickness including the necessary care and treatment of medically diagnosed congenital defects and birth abnormalities including premature birth, except that [this] in cases of adoption, coverage of the initial hospital stay shall not be required where a natural parent has insurance coverage available for the infant's care. This provision regarding coverage of newborn infants shall not apply to [a member who elects] two person coverage. In the case of individual or two person coverages the corporation must also permit the person to whom the certificate is issued to elect such coverage of newborn infants from the moment of birth. If notification and/or payment of an additional premium or contribution is required to make coverage effective for a newborn infant, the coverage may provide that such notice and/or payment be made within no less than thirty days of the day of birth to make coverage effective from the moment of birth. This election shall not be required in the case of student insurance or where the group's plan does not provide coverage for dependent children. 5. This act shall take effect January 1, 1993. CHAPTER 465 AN ACT to amend the executive law, in relation to the division for youth generally; to amend the family court act, the county law, the education law, the mental hygiene law, the penal law and the social services law, in relation to the responsibilities of the division for youth; and to repeal certain provisions of the executive law and the social services law relating thereto Became a law July 17, 1992, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section 500 of the executive law, as added by chapter 881 of the laws of 1960, subdivision 1 as designated by chapter 21 of the laws of 1964 and subdivision 2 as added by chapter 555 of the laws of 1963, is amended to read as follows: 500. Division for youth; director. 1. There is hereby created in the executive department a division for youth. The head of such division shall be a director, who shall be appointed by the governor, by and with the advice and consent of the senate, and shall hold office during the pleasure of the governor. The director shall also serve as [chairman] chairperson of the council on youth as provided in article nineteen-A of this chapter. [He] The director shall receive an annual salary to be EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law fixed by the governor within the appropriation provided by law. [He] The director shall also be entitled to receive [his] expenses actually and necessarily incurred [by him] in the performance of his or her duties. [He] The director may appoint such officers, employees, agents and consultants as he or she may deem necessary, prescribe their duties, fix their compensation and provide for reimbursement of their expenses within the amounts available therefor by appropriation. 2. The director of the division for youth may promulgate, adopt, amend or rescind rules and regulations necessary to carry out the provisions of this article, provided, however, that such rules and regulations shall be strictly limited in their application to the means and methods of compliance with the provisions of this article [to which such power relates]. § 2. Subdivision 1 of section 501 of the executive law, as amended by chapter 831 of the laws of 1963, is renumbered subdivision 3 and is amended to read as follows: 3. To establish, operate[,] and maintain, or] division facilities and to contract with authorized agencies as defined in section three hundred seventy-one of the social [welfare] services law for the operation and maintenance of [youth centers, in order to prevent delinquency and youth crime] non-secure facilities. §3. Subdivisions 2, 3 and 4 of section 501 of the executive law, subdivision 2 as amended by chapter 954 of the laws of 1966 and subdivisions 3 and 4 as amended by chapter 484 of the laws of 1962, are renumbered subdivisions 8, 9 and 10 and are amended to read as follows: 8. [To] (a) Subject to the amounts appropriated therefor, to establish, operate[,] and maintain [in conjunction with such centers,] or to contract [with political subdivisions of the state, agencies thereof or supported thereby, or other public or private nonprofit corporations, associations, institutions, or agencies concerned with youth,] for the operation and maintenance of [youth development and] programs which may include, but not be limited to work training programs and alternative to placement programs authorized by law, in order to prevent and control juvenile delinquency, and to advance the moral, physical, mental and Social well-being of the youth of this state; (b) To establish and operate or to participate with the federal government in the establishment and operation of job corps camps pursuant to the federal economic opportunity program and any federal laws amendatory or supplemental thereto, and to accept and receive such youths as may be referred by federal agencies pursuant to such law. 9. To cooperate with other departments, divisions and agencies of the state, its political subdivisions and municipalities and cooperate with public and private agencies and departments throughout the state in order to assist in the rehabilitation and training of [those youths who attend or have attended such facilities or are enrolled or have been enrolled in such programs] youth placed with or committed to the division. 10. To encourage and foster an exchange of information and to cooperate with social agencies, both public and private, which may be administering to the needs or assisting any members of the families of [those youths who are admitted to such facilities or are enrolled in such programs] youth placed with or committed to the division. § 4. Subdivision 5 of section 501 of the executive law is repealed and a new subdivision 5 is added to read as follows: 5. To promulgate rules and regulations for the establishment, operation and maintenance of division facilities and programs. § 5. Subdivision 6 of section 501 of the executive law, as amended by chapter 515 of the laws of 1976, is renumbered subdivision 4 and amended to read as follows: is 4. To [operate and maintain the state training schools and related facilities for the reception and care of juvenile delinquents. The division shall see that the purposes of such institutions are carried into effect, and to that end shall have] establish, operate and maintain all division facilities and programs and all necessary powers to see that the purposes of each facility or program are carried into effect. § 6. Subdivision 7 of section 501 of the executive law, as added by chapter 516 of the laws of 1976, is amended to read as follows: 7. To establish, operate and maintain programs and services alternative to [state training schools for persons in need of supervision and juvenile delinquents placed with the division, and] division facilities for persons [referred to] placed with the division pursuant to section five hundred [two] seven-a of this article. [Such services shall include but not be limited to urban homes, group homes, family foster care placements, youth development centers, day services and rural based facilities, within amounts appropriated therefor.] The division may contract with political subdivisions of the state, agencies thereof or supported thereby, not-for-profit associations, institutions or agencies concerned with youth, for the operation and maintenance of such programs and services. § 7. Subdivision 8 of section 501 of the executive law, as added by chapter 973 of the laws of 1983, is renumbered subdivision' 11 and is amended to read as follows: 11. To develop a comprehensive five year plan for the provision of services for youths [placed] ordered by the court into the [residential care] custody of the division [for youth or youth services incorporated]. Such plan shall include, but not be limited to: (a) a projection of the numbers of youths to be placed into or committed to the care of the division [for youth] at [each level including] secure, limited [secure/non-community based] secure and [community based] non-secure levels of care for the five years encompassed by the plan; (b) an analysis of current and anticipated utilization of division [for youth and youth services incorporated operated] facilities; (c) a plan for increasing or decreasing residential capacities at all levels as indicated by paragraph (b) of this subdivision; (d) a comprehensive description of the types of services and programs to be provided to youths in [residential care] the custody of the division; and {e) (e) a plan for containing costs at all levels of residential care. Subdivision 9 of section 501 of the executive law is renumbered subdivision 12. 8. § 9. Subdivisions 10 and 11 of section 501 of the executive law are renumbered subdivisions 13 and 14. § 10. Section 501 of the executive law is amended by adding four new subdivisions 1, 2, 6 and 15 to read as follows: 1. To develop policies and plans for improving the administration of division facilities and the delivery of services therein. 2. To establish, operate and maintain treatment programs and other services for youth placed with or committed to the division and programs for the care of conditionally released children. 6. To enter into contracts with any person, firm, corporation, notfor-profit corporation, authorized agency as defined by section three hundred seventy-one of the social services law, municipality or governmental agency. 15. To perform such acts as are necessary or convenient to carry out the division's functions, powers and duties in furtherance of the best interests of youth, consistent with the provisions of this article. § 11. Title 2 of article 19-G of the executive law, as designated by chapter 947 of the laws of 1971, is amended by adding a new title heading to read as follows: FACILITIES § 12. Sections 502, 504, 505, 510, 514, 519-a and 521 of the executive law are repealed. § 13. Sections 503, 503-a 506, 508, 509, 510-a, 511, 515, 515-a, 515-b, 516, 517, 518, 518-a, 519, 520, 522, 523, 524, 525, 526 and 527 of the executive law are renumbered sections 512-a, 513, 501-c, 506, 517, 503, 504, 505, 504-a, 508, 507-c, 509, 512, 518, 507-b, 507-a, 516, 510-a, 510-b, 510-c, 515 and 507-d. § 14. Title 2 of article 19-G of the executive law is amended by adding a new section 502 to read as follows: 502. Definitions. Unless otherwise specified in this article: 1. "Director" means the director of the division for youth. 2. "Division" means the division for youth. 3. "Detention" means the temporary care and maintenance of youth held away from their homes pursuant to article three or seven of the family court act, or held pending a hearing for alleged violation of the conditions of release from a division facility or authorized agency, or held pending a hearing for alleged violation of the condition of parole as a juvenile offender, or held pending return to a jurisdiction other than the one in which the youth is held, or held pursuant to a securing order of a criminal court if the youth named therein as principal is charged EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law as a juvenile offender or held pending a hearing on an extension of placement or held pending transfer to a facility upon commitment or placement by a court. Only alleged or convicted juvenile offenders who have not attained their eighteenth birthday shall be subject to detention in a detention facility. 4. For purposes of this article, the term "youth" shall be synonymous with the term "child" and means a person not less than seven years of age and not more than twenty years of age. 5. "Placement" means the transfer of a youth to the custody of the division pursuant to the family court act. 6. "Commitment" means the transfer of a youth to the custody of the division pursuant to the penal law. 7. "Conditional release" means the transfer of a youth from facility status to aftercare supervision under the continued custody of the division. 8. "Discharge" means the termination of division custody of a youth. 9. "Aftercare" means supervision of a youth on conditional release status under the continued custody of the division. § 15. Section 503 of the executive law, as amended by chapter 481 of the laws of 1978, subdivisions 1 and 5 as amended by chapter 419 of the laws of 1987, subdivisions 3 and 4 as separately amended by chapters 481 and 555 of the laws of 1978, subdivision 6 as amended by chapter 920 of the laws of 1982, the opening paragraph of subdivision 6 as amended by chapter 32 of the laws of 1992, subdivision 8 as added by chapter 95 of the laws of 1992 and such section as renumbered by section thirteen of this act, is amended to read as follows: or § 503. Detention. 1. ["Detention", as used in this article, shall mean the temporary care and maintenance of children away from their own homes held pursuant to article three or seven of the family court act, or held pending a hearing for alleged violation of the conditions of release from a school or center of the division, or held pending a hearing for alleged violation of the condition of parole as a juvenile offender, held pending return to a jurisdiction other than the one in which the child is held, or held pursuant to a securing order of a criminal court if the person named therein as principal is charged as a juvenile offender or held pending a hearing on an extension of placement or held pending transfer to a facility upon commitment or placement by a court. Only alleged, convicted or adjudicated juvenile offenders who have not attained their eighteenth birthday shall be subject to detention in a detention facility] The division shall establish regulations for the operation of secure and non-secure detention facilities pursuant to this article and section two hundred eighteen-a of the county law. 2. Το assure that adequate, suitable and conveniently accessible accommodations and proper care will be available when required for detention, the division may contract for or establish, operate, maintain and certify [in suitable locations] secure and non-secure detention facilities if funds shall have been made available for the lease or purchase and maintenance and operation of appropriate facilities. [To the extent that the same may apply or be made applicable to fully effectuate the purposes of this section, the provisions of this title shall apply to such facilities as if the provisions of such title had been incorporated in full herein. ] the 3. Each social services district may establish, operate and maintain secure and non-secure detention facilities for the [temporary care and maintenance away from their own homes of alleged juvenile delinquents and persons in need of supervision held for or at the direction of family court pending adjudication of alleged juvenile delinquency or need for supervision by such court or pending transfer to institutions to which placed by such court or while awaiting disposition by such court after adjudication or for alleged juvenile offenders held pursuant a securing order of a criminal court or pending transfer pursuant to sentence] purposes defined in section five hundred two of this article. Each such detention facility shall be established, operated and maintained in compliance with this article and the regulations of the division for youth [and shall be subject to the visitation and inspection of the state board of social welfare]. to 4. [The division shall establish regulations, for the operation of secure and non-secure detention facilities pursuant to this article and section two hundred eighteen-a of the county law. 5. The division shall visit and inspect all facilities used for [the] detention [of children pursuant to the family court act or the criminal procedure law] and make periodic reports of the operation and adequacy |