S T A T E O F N E W Y O R K
________________________________________________________________________
644--B
Cal. No. 40
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. CLARK, SCARBOROUGH, TITUS, PAULIN, JACOBS, HEAST-
IE, BENEDETTO, PEOPLES-STOKES, N. RIVERA, COLTON, CANESTRARI, GALEF,
PERRY, BOYLAND, BUTLER, ROBINSON, ARROYO, JAFFEE, COOK, BARRON,
GIBSON, KAVANAGH, P. RIVERA, ROSENTHAL -- Multi-Sponsored by -- M. of
A. CAHILL, CALHOUN, CAMARA, CROUCH, FARRELL, FINCH, GANTT, GOTTFRIED,
HIKIND, LATIMER, LIFTON, LUPARDO, McENENY, McKEVITT, MENG, J. MILLER,
MILLMAN, REILLY, SAYWARD, SWEENEY, WEISENBERG, WRIGHT -- read once and
referred to the Committee on Children and Families -- reported and
referred to the Committee on Codes -- reported and referred to the
Committee on Ways and Means -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
advanced to a third reading, amended and ordered reprinted, retaining
its place on the order of third reading
AN ACT to amend the executive law, in relation to the establishment of
the independent office of the child advocate; and repealing certain
provisions of such law relating to the office of the ombudsman
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subtitle B of title 3 of article 19-G of the executive law
2 is REPEALED.
3 S 2. The executive law is amended by adding a new article 19-I to read
4 as follows:
5 ARTICLE 19-I
6 INDEPENDENT OFFICE OF THE CHILD ADVOCATE
7 SECTION 533. INDEPENDENT OFFICE OF THE CHILD ADVOCATE; CREATION.
8 534. DEFINITIONS.
9 535. THE CHILD ADVOCATE.
10 536. DUTIES OF THE CHILD ADVOCATE.
11 537. POWERS OF THE INDEPENDENT OFFICE OF THE CHILD ADVOCATE.
12 538. DUTY TO MAINTAIN CONFIDENTIALITY.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01331-04-2
A. 644--B 2
1 539. ADDITIONAL PROVISIONS.
2 S 533. INDEPENDENT OFFICE OF THE CHILD ADVOCATE; CREATION. THERE IS
3 HEREBY CREATED IN THE EXECUTIVE DEPARTMENT, AN INDEPENDENT OFFICE OF THE
4 CHILD ADVOCATE, WHICH SHALL:
5 1. EXAMINE, EVALUATE AND REPORT TO THE GOVERNOR AND THE LEGISLATURE
6 ON:
7 (A) PARTICULAR AND SYSTEMIC ISSUES IN PUBLICLY FUNDED PROGRAMS OVER-
8 SEEN BY THE OFFICE OF CHILDREN AND FAMILY SERVICES; AND
9 (B) MULTI-SYSTEMIC ISSUES THAT CHILDREN IN THE CARE, CUSTODY OR GUAR-
10 DIANSHIP OF THE OFFICE OF CHILDREN AND FAMILY SERVICES OR A LOCAL SOCIAL
11 SERVICES DISTRICT, AND THE FAMILIES OF SUCH CHILDREN EXPERIENCE IN
12 ACCESSING NEEDED SERVICES ACROSS SYSTEMS; AND
13 2. ADVOCATE FOR, AND REPORT TO THE GOVERNOR AND THE LEGISLATURE ON
14 SUGGESTED STATUTORY, REGULATORY OR POLICY CHANGES AIMED AT IMPROVING
15 OUTCOMES AND SERVICES FOR CHILDREN AND THEIR FAMILIES IN NEW YORK STATE.
16 S 534. DEFINITIONS. AS USED IN THIS ARTICLE:
17 1. "CHILD" OR "CHILDREN" MEANS:
18 (A) A PERSON, OR PERSONS UNDER THE AGE OF EIGHTEEN; OR
19 (B) A PERSON OR PERSONS UNDER THE AGE OF TWENTY-ONE WHO HAS BEEN
20 PLACED INTO THE CARE, CUSTODY, OR GUARDIANSHIP OF THE OFFICE OF CHILDREN
21 AND FAMILY SERVICES OR A LOCAL SOCIAL SERVICES DISTRICT PURSUANT TO
22 ARTICLE THREE, SEVEN OR TEN OF THE FAMILY COURT ACT OR SECTION THREE
23 HUNDRED FIFTY-EIGHT-A, THREE HUNDRED EIGHTY-THREE-C, THREE HUNDRED
24 EIGHTY-FOUR-A OR THREE HUNDRED EIGHTY-FOUR-B OF THE SOCIAL SERVICES LAW;
25 OR
26 (C) A PERSON OR PERSONS UNDER THE AGE OF TWENTY-ONE WHO IS PLACED IN
27 RESIDENTIAL CARE AS DEFINED IN SECTION FOUR HUNDRED TWELVE OF THE SOCIAL
28 SERVICES LAW.
29 2. "CHILD ADVOCATE" MEANS THE PERSON APPOINTED PURSUANT TO SUBDIVISION
30 ONE OF SECTION FIVE HUNDRED THIRTY-FIVE OF THIS ARTICLE TO DIRECT AND
31 OVERSEE THE ACTIVITIES OF THE INDEPENDENT OFFICE OF THE CHILD ADVOCATE.
32 S 535. THE CHILD ADVOCATE. 1. THE CHILD ADVOCATE SHALL BE AN INDIVID-
33 UAL WITH AT LEAST FIVE YEARS EXPERIENCE IN THE GENERAL SUBJECT AREA OF
34 EITHER CHILD WELFARE, JUVENILE JUSTICE OR CHILDHOOD BEHAVIORAL HEALTH,
35 WHO SHALL BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF
36 THE SENATE FOR A TERM OF FIVE YEARS. THE CHILD ADVOCATE SHALL CONTINUE
37 TO HOLD SUCH POSITION UNTIL HIS OR HER SUCCESSOR IS APPOINTED, BUT MAY
38 BE REMOVED FROM HIS OR HER POSITION IF THE GOVERNOR SHALL DETERMINE THAT
39 SUCH CHILD ADVOCATE HAS ABUSED HIS OR HER RIGHTS, POWERS, OR DUTIES
40 ESTABLISHED PURSUANT TO THIS ARTICLE OR THAT HE OR SHE HAS WILLFULLY
41 FAILED TO CARRY OUT THE DUTIES REQUIRED BY THIS ARTICLE. THE CHILD ADVO-
42 CATE SHALL REPORT TO THE GOVERNOR, WHO SHALL FIX THE COMPENSATION OF THE
43 CHILD ADVOCATE WITHIN AMOUNTS APPROPRIATED THEREFOR.
44 2. THE CHILD ADVOCATE MAY HIRE OR APPOINT PERSONS AS MAY BE DEEMED
45 NECESSARY TO CARRY OUT THE DUTIES OF THE INDEPENDENT OFFICE OF THE CHILD
46 ADVOCATE. THE DUTIES OF PERSONS EMPLOYED OR APPOINTED BY THE CHILD ADVO-
47 CATE SHALL BE PERFORMED UNDER THE ADVICE AND SUPERVISION OF THE CHILD
48 ADVOCATE. PERSONS EMPLOYED OR APPOINTED BY THE INDEPENDENT OFFICE OF THE
49 CHILD ADVOCATE SHALL BE INDIVIDUALS WITH EXPERTISE IN THE AREAS OF CHILD
50 WELFARE, JUVENILE JUSTICE, CHILDHOOD BEHAVIORAL HEALTH, FOSTER CARE,
51 PREVENTIVE SERVICES, OR CHILD CARE, AS EVIDENCED BY EXPERTISE IN THE
52 FIELD, PRACTICE, ADVOCACY OR BY ACADEMIC BACKGROUND, THE LEVEL AND
53 SUFFICIENCY OF WHICH SHALL BE DETERMINED BY THE CHILD ADVOCATE. THE
54 CHILD ADVOCATE SHALL FIX THE COMPENSATION OF PERSONS EMPLOYED OR
55 APPOINTED BY THE INDEPENDENT OFFICE OF THE CHILD ADVOCATE WITHIN AMOUNTS
56 APPROPRIATED THEREFOR.
A. 644--B 3
1 S 536. DUTIES OF THE CHILD ADVOCATE. 1. THE CHILD ADVOCATE SHALL:
2 (A) EXAMINE, EVALUATE, INVESTIGATE AND REPORT TO THE GOVERNOR AND THE
3 LEGISLATURE ON PARTICULAR AND SYSTEMIC ISSUES IN PUBLICLY FUNDED
4 PROGRAMS OVERSEEN BY THE OFFICE OF CHILDREN AND FAMILY SERVICES AND
5 LOCAL SOCIAL SERVICES DISTRICTS, INCLUDING BUT NOT LIMITED TO CHILD
6 WELFARE, JUVENILE JUSTICE, FOSTER CARE, CHILD PROTECTIVE, CHILD CARE AND
7 PREVENTATIVE SERVICES; AND
8 (B) EXAMINE, EVALUATE, INVESTIGATE AND REPORT TO THE GOVERNOR AND THE
9 LEGISLATURE ON MULTI-SYSTEMIC ISSUES THAT CHILDREN IN THE CARE, CUSTODY
10 OR GUARDIANSHIP OF THE OFFICE OF CHILDREN AND FAMILY SERVICES OR A LOCAL
11 SOCIAL SERVICES DISTRICT, AND THE FAMILIES OF SUCH CHILDREN, EXPERIENCE
12 IN ACCESSING NEEDED SERVICES ACROSS SYSTEMS; AND
13 (C) MONITOR THE IMPLEMENTATION OF THE POLICIES, REGULATIONS AND STAT-
14 UTES OF STATE AGENCIES WHICH MAY BE APPLICABLE TO THE LEGAL RIGHTS OF
15 CHILDREN IN THE CARE, CUSTODY OR GUARDIANSHIP OF THE OFFICE OF CHILDREN
16 AND FAMILY SERVICES OR A LOCAL SOCIAL SERVICES DISTRICT, OR THE FAMILIES
17 OF SUCH CHILDREN; AND
18 (D) MONITOR THE IMPLEMENTATION OF POLICIES, REGULATIONS AND STATUTES
19 WHICH MAY HAVE AN IMPACT ON PUBLICLY FUNDED PROGRAMS OVERSEEN BY THE
20 OFFICE OF CHILDREN AND FAMILY SERVICES, INCLUDING BUT NOT LIMITED TO
21 CHILD WELFARE, JUVENILE JUSTICE, FOSTER CARE, CHILD PROTECTIVE, CHILD
22 CARE AND PREVENTATIVE SERVICES; AND
23 (E) RECOMMEND CHANGES IN STATE POLICIES, STATUTES AND REGULATIONS
24 CONCERNING CHILDREN IN THE CARE, CUSTODY OR GUARDIANSHIP OF THE OFFICE
25 OF CHILDREN AND FAMILY SERVICES OR A LOCAL SOCIAL SERVICES DISTRICT, AND
26 THE FAMILIES OF SUCH CHILDREN; AND
27 (F) RECOMMEND CHANGES IN STATE POLICIES, STATUTES, AND REGULATIONS
28 CONCERNING PUBLICLY FUNDED PROGRAMS THAT SERVICE CHILDREN AND FAMILIES,
29 INCLUDING BUT NOT LIMITED TO CHILD WELFARE, JUVENILE JUSTICE, FOSTER
30 CARE, CHILD PROTECTIVE, CHILD CARE AND PREVENTATIVE SERVICES, ADMINIS-
31 TERED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES OR LOCAL SOCIAL
32 SERVICES DISTRICTS; AND
33 (G) TAKE APPROPRIATE ACTIONS AIMED AT PROMOTION OF THE RIGHTS, SAFETY,
34 WELL-BEING, AND BEST INTERESTS OF CHILDREN IN NEW YORK STATE, INCLUDING,
35 BUT NOT LIMITED TO, UNDERTAKING LEGISLATIVE ADVOCACY, CONDUCTING PUBLIC
36 HEARINGS AND MAKING PROPOSALS FOR ADMINISTRATIVE OR SYSTEMIC REFORM; AND
37 (H) PROVIDE ADMINISTRATIVE SUPERVISION AND OVERSIGHT TO THE INDEPEND-
38 ENT OFFICE OF THE CHILD ADVOCATE AND DEVOTE FULL-TIME TO THE DUTIES OF
39 HIS OR HER OFFICE; AND
40 (I) CONDUCT PERIODIC INSPECTIONS, EVALUATIONS OR REVIEWS OF ANY FACIL-
41 ITY OPERATED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES AT ANY TIME,
42 WITH OR WITHOUT PRIOR NOTICE. FACILITY DIRECTORS AND STAFF SHALL COOP-
43 ERATE WITH SUCH INSPECTION, EVALUATION OR REVIEW. AN ADVOCATE SHALL HAVE
44 THE RIGHT TO INSPECT THE FACILITY, VISIT ALL AREAS AND OBSERVE ALL PARTS
45 AND ASPECTS OF SUCH FACILITY PROGRAM; AND
46 (J) REPORT TO THE GOVERNOR AND THE LEGISLATURE AS NEEDED, BUT NOT LESS
47 THAN TWICE PER YEAR. SUCH REPORT SHALL BE MADE AVAILABLE TO THE PUBLIC,
48 UNLESS SUCH MATERIALS ARE CONFIDENTIAL PURSUANT TO STATUTE, AND SHALL
49 INCLUDE BUT NOT BE LIMITED TO:
50 (A) INFORMATION CONCERNING THE NUMBER AND TYPES OF REVIEWS, EVALU-
51 ATIONS AND INVESTIGATIONS CONDUCTED BY THE INDEPENDENT OFFICE OF THE
52 CHILD ADVOCATE; AND
53 (B) ANY RECOMMENDATIONS BY THE CHILD ADVOCATE FOR LEGISLATIVE, REGULA-
54 TORY, OR PUBLIC POLICY CHANGES.
55 2. IF AFTER EXAMINATION PURSUANT TO SUBDIVISION ONE OF THIS SECTION,
56 THE CHILD ADVOCATE IDENTIFIES A SYSTEMIC PROBLEM IN HOW SERVICES ARE
A. 644--B 4
1 PROVIDED TO CHILDREN IN THE CARE, CUSTODY, OR GUARDIANSHIP OF THE OFFICE
2 OF CHILDREN AND FAMILY SERVICES OR A LOCAL SOCIAL SERVICES DISTRICT, BY
3 THE OFFICE OF CHILDREN AND FAMILY SERVICES, OR A LOCAL SOCIAL SERVICES
4 DISTRICT, OR ANY PUBLIC OR PRIVATE ENTITY WHICH CONTRACTS WITH THE
5 OFFICE OF CHILDREN AND FAMILY SERVICES OR A LOCAL SOCIAL SERVICES
6 DISTRICT TO PROVIDE SERVICES TO SUCH CHILDREN, THE CHILD ADVOCATE SHALL
7 PROVIDE SUCH OFFICE, DISTRICT, AGENCY OR ENTITY A WRITTEN REPORT OUTLIN-
8 ING THE FINDINGS AND RECOMMENDATIONS OF THE CHILD ADVOCATE.
9 (A) AN OFFICE, DISTRICT, AGENCY OR ENTITY NAMED IN A REPORT BY THE
10 CHILD ADVOCATE AS DESCRIBED IN THIS SUBDIVISION SHALL HAVE THE OPTION TO
11 RESPOND IN WRITING TO THE CHILD ADVOCATE'S FINDINGS, PROVIDED HOWEVER
12 THAT SUCH WRITTEN RESPONSE MUST BE ISSUED WITHIN NINETY DAYS OF SUCH
13 OFFICE, DISTRICT, AGENCY OR ENTITY'S RECEIPT OF THE APPLICABLE REPORT BY
14 THE CHILD ADVOCATE.
15 (B) WITHIN THIRTY DAYS AFTER THE RECEIPT OF A RESPONSE FROM AN OFFICE,
16 DISTRICT, AGENCY OR ENTITY AS DESCRIBED IN THIS SUBDIVISION, THE CHILD
17 ADVOCATE SHALL ISSUE SUCH RESPONSE, AND THE REPORT ISSUED BY THE CHILD
18 ADVOCATE PURSUANT TO THIS SUBDIVISION, TO THE GOVERNOR AND THE LEGISLA-
19 TURE.
20 (C) IF A RESPONSE OR A WRITTEN REQUEST FOR AN ADDITIONAL THIRTY DAYS
21 WITH AN EXPLANATION IS NOT RECEIVED BY THE CHILD ADVOCATE WITHIN NINETY
22 DAYS FROM THE DATE THAT THE CHILD ADVOCATE SENT SUCH REPORT TO SUCH
23 OFFICE, DISTRICT, AGENCY OR ENTITY, THE CHILD ADVOCATE SHALL PROVIDE
24 SUCH REPORT TO THE GOVERNOR AND THE LEGISLATURE WITH A NOTICE STATING
25 THAT SUCH OFFICE, DISTRICT, AGENCY OR ENTITY FAILED TO ISSUE A TIMELY
26 WRITTEN RESPONSE TO THE REPORT BY THE CHILD ADVOCATE.
27 S 537. POWERS OF THE INDEPENDENT OFFICE OF THE CHILD ADVOCATE.
28 NOTWITHSTANDING ANY PROVISION OF LAW OR REGULATION TO THE CONTRARY, THE
29 INDEPENDENT OFFICE OF THE CHILD ADVOCATE SHALL HAVE ACCESS TO, INCLUDING
30 THE RIGHT TO INSPECT AND COPY, ANY RECORDS NECESSARY TO CARRY OUT ITS
31 RIGHTS, POWERS AND DUTIES PURSUANT TO THIS ARTICLE, INCLUDING BUT NOT
32 LIMITED TO, PERSONNEL RECORDS THAT BEAR ON ANY ISSUE BEING REVIEWED,
33 EVALUATED, OR INVESTIGATED AND RECORDS OF CHILDREN UNDER THE CARE OF THE
34 OFFICE OF CHILDREN AND FAMILY SERVICES OR A LOCAL SOCIAL SERVICES
35 DISTRICT THAT BEAR ON ANY ISSUE BEING REVIEWED, EVALUATED, OR INVESTI-
36 GATED. THE INDEPENDENT OFFICE OF THE CHILD ADVOCATE SHALL ALSO HAVE THE
37 AUTHORITY TO SUBPOENA RECORDS AND WITNESSES, AND TO CONDUCT INTERVIEWS
38 WITH ANY PERSON NECESSARY TO CARRY OUT ITS RIGHTS, POWERS AND DUTIES
39 PURSUANT TO THIS ARTICLE, INCLUDING BUT NOT LIMITED TO STAFF AND CHIL-
40 DREN UNDER CARE OF THE OFFICE OF CHILDREN AND FAMILY SERVICES OR A LOCAL
41 SOCIAL SERVICES DISTRICT.
42 S 538. DUTY TO MAINTAIN CONFIDENTIALITY. ALL RECORDS OF THE INDEPEND-
43 ENT OFFICE OF THE CHILD ADVOCATE PERTAINING TO THE FULFILLMENT OF THE
44 CHILD ADVOCATE'S RIGHTS, POWERS AND DUTIES PURSUANT TO THIS ARTICLE, AND
45 ALL RECORDS OBTAINED BY THE CHILD ADVOCATE SHALL BE KEPT CONFIDENTIAL,
46 PROVIDED HOWEVER, THAT LIMITED INFORMATION CONTAINED IN SUCH RECORDS MAY
47 BE RELEASED BY THE CHILD ADVOCATE, IF APPROPRIATE, AND UPON APPROVAL OF
48 THE CHILD ADVOCATE, SO LONG AS THE INFORMATION TO BE RELEASED WOULD NOT
49 IDENTIFY THE CHILD OR CHILDREN THE CHILD ADVOCATE WAS SERVING OR THE
50 NAMES OF THE PARENTS OR SIBLINGS OF SUCH CHILD OR CHILDREN.
51 S 539. ADDITIONAL PROVISIONS. 1. THE STATE SHALL PROTECT AND HOLD
52 HARMLESS ANY PERSON EMPLOYED OR APPOINTED BY THE CHILD ADVOCATE, FROM
53 FINANCIAL LOSS AND EXPENSE, INCLUDING LEGAL FEES AND COSTS, IF ANY,
54 ARISING OUT OF ANY CLAIM, DEMAND OR SUIT FOR DAMAGES RESULTING FROM ACTS
55 OR OMISSIONS COMMITTED IN THE DISCHARGE OF HIS OR HER RIGHTS, POWERS AND
56 DUTIES WITHIN THE SCOPE OF HIS OR HER EMPLOYMENT OR APPOINTMENT WHICH
A. 644--B 5
1 MAY CONSTITUTE NEGLIGENCE BUT WHICH ACTS ARE NOT WANTON, MALICIOUS OR
2 GROSSLY NEGLIGENT AS DETERMINED BY A COURT OF COMPETENT JURISDICTION.
3 2. NO STATE OR LOCAL AGENCY, DEPARTMENT, OFFICE, OR ENTITY SHALL
4 DISCHARGE, OR IN ANY MANNER DISCRIMINATE OR RETALIATE AGAINST, ANY
5 PERSON WHO IN GOOD FAITH MAKES A COMPLAINT TO, OR COOPERATES WITH, THE
6 CHILD ADVOCATE IN A REVIEW OR EVALUATION CONDUCTED BY THE CHILD ADVO-
7 CATE. NO EMPLOYEE OF ANY STATE OR LOCAL DEPARTMENT OR OFFICE OR OF ANY
8 PRIVATE ENTITY SHALL RETALIATE AGAINST ANY PERSON WHO MAKES A COMPLAINT
9 TO, OR WHO COOPERATES WITH THE INDEPENDENT OFFICE OF THE CHILD ADVOCATE
10 IN A REVIEW, INVESTIGATION OR EVALUATION CONDUCTED BY THE INDEPENDENT
11 OFFICE OF THE CHILD ADVOCATE.
12 3. ALL COMMUNICATIONS TO THE INDEPENDENT OFFICE OF THE CHILD ADVOCATE
13 SHALL REMAIN CONFIDENTIAL. ANY COMPLAINT FILED BY ANY PERSON WITH THE
14 INDEPENDENT OFFICE OF THE CHILD ADVOCATE SHALL REMAIN CONFIDENTIAL.
15 4. ALL YOUTH RESIDING IN A JUVENILE JUSTICE FACILITY SHALL BE PERMIT-
16 TED REASONABLE ACCESS TO A TELEPHONE TO MAKE A TOLL FREE CALL OR SHALL
17 BE SUPPLIED WRITING MATERIALS IN ORDER TO WRITE LETTERS TO THE INDEPEND-
18 ENT OFFICE OF THE CHILD ADVOCATE UPON THE YOUTH'S REQUEST. ANY COMMUNI-
19 CATIONS BETWEEN SUCH YOUTH AND THE INDEPENDENT OFFICE OF THE CHILD ADVO-
20 CATE SHALL REMAIN CONFIDENTIAL AND SHALL NOT BE MONITORED BY ANY MEMBER
21 OF THE FACILITY'S STAFF.
22 5. THE INDEPENDENT OFFICE OF THE CHILD ADVOCATE MAY APPLY FOR AND
23 ACCEPT GRANTS, GIFTS AND BEQUESTS OF FUNDS FROM PRIVATE INDIVIDUALS AND
24 FOUNDATIONS FOR THE PURPOSE OF CARRYING OUT STUDIES UNDER THIS ARTICLE.
25 THE FUNDS SHALL BE EXPENDED IN ACCORDANCE WITH THE PROVISIONS OF SUCH
26 GRANT, GIFT OR BEQUEST.
27 6. THE CHILD ADVOCATE SHALL TAKE ALL POSSIBLE ACTIONS INCLUDING, BUT
28 NOT LIMITED TO, CONDUCTING PROGRAMS OF PUBLIC EDUCATION, UNDERTAKING
29 LEGISLATIVE ADVOCACY AND MAKING PROPOSALS FOR ADMINISTRATIVE CORRECTION
30 OR REFORM AND FORMAL LEGAL ACTION, IN ORDER TO SECURE AND ENSURE THE
31 LEGAL, CIVIL AND SPECIAL RIGHTS OF CHILDREN.
32 7. THE CHILD ADVOCATE SHALL TAKE THE APPROPRIATE STEPS TO MAKE THE
33 EXISTENCE AND AVAILABILITY OF THE CHILD ADVOCATE WIDELY KNOWN, BY APPRO-
34 PRIATE AND ACTIVE MEANS, TO CHILDREN AND ADULTS.
35 8. THE CHILD ADVOCATE SHALL CREATE INFORMATIONAL MATERIALS FOR CHIL-
36 DREN REGARDING THE RIGHTS OF CHILDREN WHEN THEY ARE IN DETENTION
37 CENTERS, FOSTER CARE, FACILITIES OPERATED BY THE OFFICE OF CHILDREN AND
38 FAMILY SERVICES, JAILS, OR PRISONS AND THE METHODS AND ASSISTANCE AVAIL-
39 ABLE TO ENFORCE THOSE RIGHTS.
40 S 3. Subdivision 16 of section 501 of the executive law, as renumbered
41 by chapter 170 of the laws of 1994, is renumbered subdivision 17 and a
42 new subdivision 16 is added to read as follows:
43 16. THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES
44 SHALL PROMULGATE REGULATIONS REQUIRING THAT NO SERVICES, FACILITIES,
45 ENTITIES OR PROGRAMS UNDER THE JURISDICTION OF THE OFFICE OF CHILDREN
46 AND FAMILY SERVICES SHALL RESTRICT OR PROHIBIT ACCESS TO FACILITIES,
47 RECORDS OR INDIVIDUALS TO THE INDEPENDENT OFFICE OF THE CHILD ADVOCATE
48 UPON REQUEST, UNLESS THE DISCLOSURE OF SUCH RECORDS ARE OTHERWISE
49 PROHIBITED BY FEDERAL LAW OR REGULATION.
50 S 4. This act shall take effect April 1, 2013; provided, however, that
51 effective immediately, the addition, amendment and/or repeal of any rule
52 or regulation necessary for the implementation of this act on its effec-
53 tive date are authorized and directed to be made and completed on or
54 before the effective date.