A644D-2011 Actions

• Jun 4, 2012: REFERRED TO SOCIAL SERVICES
• Jun 4, 2012: delivered to senate
• Jun 4, 2012: passed assembly
• May 21, 2012: amended on third reading 644d
• May 9, 2012: amended on third reading 644c
• Jan 18, 2012: amended on third reading 644b
• Jan 18, 2012: amended on third reading 644a
• Jan 18, 2012: amended on third reading 644b
• Jan 4, 2012: ordered to third reading cal.40
• Jan 4, 2012: RETURNED TO ASSEMBLY
• Jan 4, 2012: DIED IN SENATE
• Jun 20, 2011: REFERRED TO RULES
• Jun 20, 2011: delivered to senate
• Jun 20, 2011: passed assembly
• Jun 20, 2011: ordered to third reading rules cal.514
• Jun 20, 2011: rules report cal.514
• Jun 20, 2011: reported
• Jun 20, 2011: reported referred to rules
• Jun 14, 2011: print number 644a
• Jun 14, 2011: amend and recommit to ways and means
• Jun 13, 2011: reported referred to ways and means
• Jun 6, 2011: reported referred to codes
• Jan 5, 2011: referred to children and families

A644D-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 644--D
 Cal. No. 40
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 (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, CASTRO, ORTIZ, MENG, ABINANTI,
 GABRYSZAK,  LINARES, ROBERTS, WEPRIN -- Multi-Sponsored by -- M. of A.
 CAHILL, CALHOUN, CAMARA, CROUCH, FARRELL, FINCH, GANTT, GOODELL, GOTT
 FRIED, HIKIND, LATIMER, LIFTON, LUPARDO, McENENY,  McKEVITT,  McLAUGH
 LIN, J. MILLER, MILLMAN, MURRAY, 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 -- again
 amended on third reading, ordered reprinted, retaining  its  place  on
 the  order of third reading -- again amended on third reading, 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:

 

Section  1. Subtitle B of title 3 of article 19-G of the executive law
 is REPEALED.
 

S 2. The executive law is amended by adding a new article 19-I to read
 as follows:

 ARTICLE 19-I
 INDEPENDENT OFFICE OF THE CHILD ADVOCATE
 SECTION 533. INDEPENDENT OFFICE OF THE CHILD ADVOCATE; CREATION.
 534. DEFINITIONS.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01331-08-2
 
       A. 644--D                           2
 535. THE CHILD ADVOCATE.
 536. DUTIES OF THE CHILD ADVOCATE.
 537. POWERS OF THE INDEPENDENT OFFICE OF THE CHILD ADVOCATE.
 538. DUTY TO MAINTAIN CONFIDENTIALITY.
 539. ADDITIONAL PROVISIONS.
 

S  533.  INDEPENDENT  OFFICE OF THE CHILD ADVOCATE; CREATION. THERE IS
 HEREBY CREATED IN THE EXECUTIVE DEPARTMENT, AN INDEPENDENT OFFICE OF THE
 CHILD ADVOCATE, WHICH SHALL:

 1. EXAMINE, EVALUATE AND REPORT TO THE GOVERNOR  AND  THE  LEGISLATURE
 ON:

 (A)  PARTICULAR  AND SYSTEMIC ISSUES IN PUBLICLY FUNDED PROGRAMS OVER
 SEEN BY ANY EXECUTIVE AGENCY WITH CUSTODY OF CHILDREN; AND
 (B) MULTI-SYSTEMIC ISSUES THAT CHILDREN IN THE CARE, CUSTODY OR  GUAR
 DIANSHIP  OF  ANY  STATE  AGENCY THAT HAS CUSTODY OF CHILDREN OR A LOCAL
 SOCIAL SERVICES DISTRICT, AND THE FAMILIES OF SUCH  CHILDREN  EXPERIENCE
 IN ACCESSING NEEDED SERVICES ACROSS SYSTEMS; AND
 2.  ADVOCATE  FOR,  AND  REPORT TO THE GOVERNOR AND THE LEGISLATURE ON
 SUGGESTED STATUTORY, REGULATORY OR POLICY  CHANGES  AIMED  AT  IMPROVING
 OUTCOMES AND SERVICES FOR CHILDREN AND THEIR FAMILIES IN NEW YORK STATE.
 

S 534. DEFINITIONS. AS USED IN THIS ARTICLE:

 1. "CHILD" OR "CHILDREN" MEANS:

 (A) A PERSON, OR PERSONS UNDER THE AGE OF EIGHTEEN; OR
 (B)  A  PERSON  OR  PERSONS  UNDER  THE AGE OF TWENTY-ONE WHO HAS BEEN
 PLACED INTO THE CARE, CUSTODY, OR GUARDIANSHIP OF ANY STATE AGENCY  THAT
 HAS  CUSTODY OF CHILDREN OR A LOCAL SOCIAL SERVICES DISTRICT PURSUANT TO
 ARTICLE THREE, SEVEN OR TEN OF THE FAMILY COURT  ACT  OR  SECTION  THREE
 HUNDRED  FIFTY-EIGHT-A,  THREE  HUNDRED  EIGHTY-THREE-C,  THREE  HUNDRED
 EIGHTY-FOUR-A OR THREE HUNDRED EIGHTY-FOUR-B OF THE SOCIAL SERVICES LAW;
 OR
 (C) A PERSON OR PERSONS UNDER THE AGE OF TWENTY-ONE WHO IS  PLACED  IN
 RESIDENTIAL CARE AS DEFINED IN SECTION FOUR HUNDRED TWELVE OF THE SOCIAL
 SERVICES LAW.
 2. "CHILD ADVOCATE" MEANS THE PERSON APPOINTED PURSUANT TO SUBDIVISION
 ONE  OF  SECTION  FIVE HUNDRED THIRTY-FIVE OF THIS ARTICLE TO DIRECT AND
 OVERSEE THE ACTIVITIES OF THE INDEPENDENT OFFICE OF THE CHILD ADVOCATE.
 

S 535. THE CHILD ADVOCATE. 1. THE CHILD ADVOCATE SHALL BE AN  INDIVID
 UAL  WITH  AT LEAST FIVE YEARS EXPERIENCE IN THE GENERAL SUBJECT AREA OF
 EITHER CHILD WELFARE, JUVENILE JUSTICE OR CHILDHOOD  BEHAVIORAL  HEALTH,
 WHO SHALL BE APPOINTED BY THE GOVERNOR.
 2.  THE  CHILD  ADVOCATE  MAY HIRE OR APPOINT PERSONS AS MAY BE DEEMED
 NECESSARY TO CARRY OUT THE DUTIES OF THE INDEPENDENT OFFICE OF THE CHILD
 ADVOCATE. THE DUTIES OF PERSONS EMPLOYED OR APPOINTED BY THE CHILD ADVO
 CATE SHALL BE PERFORMED UNDER THE ADVICE AND SUPERVISION  OF  THE  CHILD
 ADVOCATE. PERSONS EMPLOYED OR APPOINTED BY THE INDEPENDENT OFFICE OF THE
 CHILD ADVOCATE SHALL BE INDIVIDUALS WITH EXPERTISE IN THE AREAS OF CHILD
 WELFARE,  JUVENILE  JUSTICE,  CHILDHOOD  BEHAVIORAL HEALTH, FOSTER CARE,
 PREVENTIVE SERVICES, OR CHILD CARE, AS EVIDENCED  BY  EXPERTISE  IN  THE
 FIELD,  PRACTICE,  ADVOCACY  OR  BY  ACADEMIC  BACKGROUND, THE LEVEL AND
 SUFFICIENCY OF WHICH SHALL BE DETERMINED  BY  THE  CHILD  ADVOCATE.  THE
 CHILD  ADVOCATE  SHALL  FIX  THE  COMPENSATION  OF  PERSONS  EMPLOYED OR
 APPOINTED BY THE INDEPENDENT OFFICE OF THE CHILD ADVOCATE WITHIN AMOUNTS
 APPROPRIATED THEREFOR.
 

S 536. DUTIES OF THE CHILD ADVOCATE. 1. THE CHILD ADVOCATE SHALL:

 (A) EXAMINE, EVALUATE, INVESTIGATE AND REPORT TO THE GOVERNOR AND  THE
 LEGISLATURE  ON  PARTICULAR  AND  SYSTEMIC  ISSUES  IN  PUBLICLY  FUNDED
 PROGRAMS OVERSEEN BY A STATE AGENCY THAT HAS  CUSTODY  OF  CHILDREN  AND
 
       A. 644--D                           3
 LOCAL  SOCIAL  SERVICES  DISTRICTS,  INCLUDING  BUT NOT LIMITED TO CHILD
 WELFARE, JUVENILE JUSTICE, FOSTER CARE, CHILD PROTECTIVE, CHILD CARE AND
 PREVENTATIVE SERVICES; AND
 (B)  EXAMINE, EVALUATE, INVESTIGATE AND REPORT TO THE GOVERNOR AND THE
 LEGISLATURE ON MULTI-SYSTEMIC ISSUES THAT CHILDREN IN THE CARE,  CUSTODY
 OR  GUARDIANSHIP  OF  A  STATE  AGENCY THAT HAS CUSTODY OF CHILDREN OR A
 LOCAL SOCIAL SERVICES DISTRICT, AND THE FAMILIES OF SUCH CHILDREN, EXPE
 RIENCE IN ACCESSING NEEDED SERVICES ACROSS SYSTEMS; AND
 (C) MONITOR THE IMPLEMENTATION OF THE POLICIES, REGULATIONS AND  STAT
 UTES  OF  STATE  AGENCIES WHICH MAY BE APPLICABLE TO THE LEGAL RIGHTS OF
 CHILDREN IN THE CARE, CUSTODY OR GUARDIANSHIP OF A STATE AGENCY THAT HAS
 CUSTODY OF CHILDREN OR A LOCAL SOCIAL SERVICES DISTRICT, OR THE FAMILIES
 OF SUCH CHILDREN; AND
 (D) MONITOR THE IMPLEMENTATION OF POLICIES, REGULATIONS  AND  STATUTES
 WHICH  MAY  HAVE  AN  IMPACT ON PUBLICLY FUNDED PROGRAMS OVERSEEN BY THE
 OFFICE OF CHILDREN AND FAMILY SERVICES, INCLUDING  BUT  NOT  LIMITED  TO
 CHILD  WELFARE,  JUVENILE  JUSTICE, FOSTER CARE, CHILD PROTECTIVE, CHILD
 CARE AND PREVENTATIVE SERVICES; AND
 (E) RECOMMEND CHANGES IN  STATE  POLICIES,  STATUTES  AND  REGULATIONS
 CONCERNING  CHILDREN  IN  THE  CARE,  CUSTODY OR GUARDIANSHIP OF A STATE
 AGENCY THAT HAS CUSTODY OF CHILDREN OR A LOCAL SOCIAL SERVICES DISTRICT,
 AND THE FAMILIES OF SUCH CHILDREN; AND
 (F) RECOMMEND CHANGES IN STATE  POLICIES,  STATUTES,  AND  REGULATIONS
 CONCERNING  PUBLICLY FUNDED PROGRAMS THAT SERVICE CHILDREN AND FAMILIES,
 INCLUDING BUT NOT LIMITED TO CHILD  WELFARE,  JUVENILE  JUSTICE,  FOSTER
 CARE,  CHILD  PROTECTIVE, CHILD CARE AND PREVENTATIVE SERVICES, ADMINIS
 TERED BY A STATE AGENCY THAT HAS CUSTODY OF  CHILDREN  OR  LOCAL  SOCIAL
 SERVICES DISTRICTS; AND
 (G) TAKE APPROPRIATE ACTIONS AIMED AT PROMOTION OF THE RIGHTS, SAFETY,
 WELL-BEING, AND BEST INTERESTS OF CHILDREN IN NEW YORK STATE, INCLUDING,
 BUT  NOT LIMITED TO, UNDERTAKING LEGISLATIVE ADVOCACY, CONDUCTING PUBLIC
 HEARINGS AND MAKING PROPOSALS FOR ADMINISTRATIVE OR SYSTEMIC REFORM; AND
 (H) PROVIDE ADMINISTRATIVE SUPERVISION AND OVERSIGHT TO THE  INDEPEND
 ENT  OFFICE  OF THE CHILD ADVOCATE AND DEVOTE FULL-TIME TO THE DUTIES OF
 HIS OR HER OFFICE; AND
 (I) CONDUCT PERIODIC INSPECTIONS, EVALUATIONS OR REVIEWS OF ANY FACIL
 ITY OPERATED BY A STATE AGENCY THAT HAS CUSTODY OF CHILDREN AT ANY TIME,
 WITH OR WITHOUT PRIOR NOTICE.  FACILITY DIRECTORS AND STAFF SHALL  COOP
 ERATE WITH SUCH INSPECTION, EVALUATION OR REVIEW. AN ADVOCATE SHALL HAVE
 THE RIGHT TO INSPECT THE FACILITY, VISIT ALL AREAS AND OBSERVE ALL PARTS
 AND ASPECTS OF SUCH FACILITY PROGRAM; AND
 (J) REPORT TO THE GOVERNOR AND THE LEGISLATURE AS NEEDED, BUT NOT LESS
 THAN  TWICE PER YEAR. SUCH REPORT SHALL BE MADE AVAILABLE TO THE PUBLIC,
 UNLESS SUCH MATERIALS ARE CONFIDENTIAL PURSUANT TO  STATUTE,  AND  SHALL
 INCLUDE BUT NOT BE LIMITED TO:

 (A)  INFORMATION  CONCERNING  THE  NUMBER AND TYPES OF REVIEWS, EVALU
 ATIONS AND INVESTIGATIONS CONDUCTED BY THE  INDEPENDENT  OFFICE  OF  THE
 CHILD ADVOCATE; AND
 (B) ANY RECOMMENDATIONS BY THE CHILD ADVOCATE FOR LEGISLATIVE, REGULA
 TORY, OR PUBLIC POLICY CHANGES.
 2.  IF  AFTER EXAMINATION PURSUANT TO SUBDIVISION ONE OF THIS SECTION,
 THE CHILD ADVOCATE IDENTIFIES A SYSTEMIC PROBLEM  IN  HOW  SERVICES  ARE
 PROVIDED  TO  CHILDREN  IN THE CARE, CUSTODY, OR GUARDIANSHIP OF A STATE
 AGENCY THAT HAS CUSTODY OF CHILDREN OR A LOCAL SOCIAL SERVICES DISTRICT,
 BY A STATE AGENCY THAT HAS  CUSTODY  OF  CHILDREN,  OR  A  LOCAL  SOCIAL
 SERVICES  DISTRICT, OR ANY PUBLIC OR PRIVATE ENTITY WHICH CONTRACTS WITH
 
       A. 644--D                           4
 THE OFFICE OF CHILDREN AND FAMILY SERVICES OR A  LOCAL  SOCIAL  SERVICES
 DISTRICT  TO PROVIDE SERVICES TO SUCH CHILDREN, THE CHILD ADVOCATE SHALL
 PROVIDE SUCH OFFICE, DISTRICT, AGENCY OR ENTITY A WRITTEN REPORT OUTLIN
 ING THE FINDINGS AND RECOMMENDATIONS OF THE CHILD ADVOCATE.
 (A)  AN  OFFICE,  DISTRICT,  AGENCY OR ENTITY NAMED IN A REPORT BY THE
 CHILD ADVOCATE AS DESCRIBED IN THIS SUBDIVISION SHALL HAVE THE OPTION TO
 RESPOND IN WRITING TO THE CHILD ADVOCATE'S  FINDINGS,  PROVIDED  HOWEVER
 THAT  SUCH  WRITTEN  RESPONSE  MUST BE ISSUED WITHIN NINETY DAYS OF SUCH
 OFFICE, DISTRICT, AGENCY OR ENTITY'S RECEIPT OF THE APPLICABLE REPORT BY
 THE CHILD ADVOCATE.
 (B) WITHIN THIRTY DAYS AFTER THE RECEIPT OF A RESPONSE FROM AN OFFICE,
 DISTRICT, AGENCY OR ENTITY AS DESCRIBED IN THIS SUBDIVISION,  THE  CHILD
 ADVOCATE  SHALL  ISSUE SUCH RESPONSE, AND THE REPORT ISSUED BY THE CHILD
 ADVOCATE PURSUANT TO THIS SUBDIVISION, TO THE GOVERNOR AND THE  LEGISLA
 TURE.
 (C)  IF  A RESPONSE OR A WRITTEN REQUEST FOR AN ADDITIONAL THIRTY DAYS
 WITH AN EXPLANATION IS NOT RECEIVED BY THE CHILD ADVOCATE WITHIN  NINETY
 DAYS  FROM  THE  DATE  THAT  THE CHILD ADVOCATE SENT SUCH REPORT TO SUCH
 OFFICE, DISTRICT, AGENCY OR ENTITY, THE  CHILD  ADVOCATE  SHALL  PROVIDE
 SUCH  REPORT  TO  THE GOVERNOR AND THE LEGISLATURE WITH A NOTICE STATING
 THAT SUCH OFFICE, DISTRICT, AGENCY OR ENTITY FAILED TO  ISSUE  A  TIMELY
 WRITTEN RESPONSE TO THE REPORT BY THE CHILD ADVOCATE.
 

S  537.  POWERS  OF  THE  INDEPENDENT  OFFICE  OF  THE CHILD ADVOCATE.
 NOTWITHSTANDING ANY PROVISION OF LAW OR REGULATION TO THE CONTRARY,  THE
 INDEPENDENT OFFICE OF THE CHILD ADVOCATE SHALL HAVE ACCESS TO, INCLUDING
 THE  RIGHT  TO  INSPECT AND COPY, ANY RECORDS NECESSARY TO CARRY OUT ITS
 RIGHTS, POWERS AND DUTIES PURSUANT TO THIS ARTICLE,  INCLUDING  BUT  NOT
 LIMITED  TO,  PERSONNEL  RECORDS  THAT BEAR ON ANY ISSUE BEING REVIEWED,
 EVALUATED, OR INVESTIGATED AND RECORDS OF CHILDREN UNDER THE CARE  OF  A
 STATE  AGENCY  THAT  HAS  CUSTODY OF CHILDREN OR A LOCAL SOCIAL SERVICES
 DISTRICT THAT BEAR ON ANY ISSUE BEING REVIEWED, EVALUATED,  OR  INVESTI
 GATED.  THE INDEPENDENT OFFICE OF THE CHILD ADVOCATE SHALL ALSO HAVE THE
 AUTHORITY TO SUBPOENA RECORDS AND WITNESSES, AND TO  CONDUCT  INTERVIEWS
 WITH  ANY  PERSON  NECESSARY  TO CARRY OUT ITS RIGHTS, POWERS AND DUTIES
 PURSUANT TO THIS ARTICLE, INCLUDING BUT NOT LIMITED TO STAFF  AND  CHIL
 DREN UNDER CARE OF THE OFFICE OF CHILDREN AND FAMILY SERVICES OR A LOCAL
 SOCIAL SERVICES DISTRICT.
 

S  538. DUTY TO MAINTAIN CONFIDENTIALITY. ALL RECORDS OF THE INDEPEND
 ENT OFFICE OF THE CHILD ADVOCATE PERTAINING TO THE  FULFILLMENT  OF  THE
 CHILD ADVOCATE'S RIGHTS, POWERS AND DUTIES PURSUANT TO THIS ARTICLE, AND
 ALL  RECORDS  OBTAINED BY THE CHILD ADVOCATE SHALL BE KEPT CONFIDENTIAL,
 PROVIDED HOWEVER, THAT LIMITED INFORMATION CONTAINED IN SUCH RECORDS MAY
 BE RELEASED BY THE CHILD ADVOCATE, IF APPROPRIATE, AND UPON APPROVAL  OF
 THE  CHILD ADVOCATE, SO LONG AS THE INFORMATION TO BE RELEASED WOULD NOT
 IDENTIFY THE CHILD OR CHILDREN THE CHILD ADVOCATE  WAS  SERVING  OR  THE
 NAMES OF THE PARENTS OR SIBLINGS OF SUCH CHILD OR CHILDREN.
 

S  539.  ADDITIONAL  PROVISIONS.  1.  THE STATE SHALL PROTECT AND HOLD
 HARMLESS ANY PERSON EMPLOYED OR APPOINTED BY THE  CHILD  ADVOCATE,  FROM
 FINANCIAL  LOSS  AND  EXPENSE,  INCLUDING  LEGAL FEES AND COSTS, IF ANY,
 ARISING OUT OF ANY CLAIM, DEMAND OR SUIT FOR DAMAGES RESULTING FROM ACTS
 OR OMISSIONS COMMITTED IN THE DISCHARGE OF HIS OR HER RIGHTS, POWERS AND
 DUTIES WITHIN THE SCOPE OF HIS OR HER EMPLOYMENT  OR  APPOINTMENT  WHICH
 MAY  CONSTITUTE  NEGLIGENCE  BUT WHICH ACTS ARE NOT WANTON, MALICIOUS OR
 GROSSLY NEGLIGENT AS DETERMINED BY A COURT OF COMPETENT JURISDICTION.
 2. NO STATE OR LOCAL  AGENCY,  DEPARTMENT,  OFFICE,  OR  ENTITY  SHALL
 DISCHARGE,  OR  IN  ANY  MANNER  DISCRIMINATE  OR RETALIATE AGAINST, ANY
 
       A. 644--D                           5
 PERSON WHO IN GOOD FAITH MAKES A COMPLAINT TO, OR COOPERATES  WITH,  THE
 CHILD  ADVOCATE  IN  A REVIEW OR EVALUATION CONDUCTED BY THE CHILD ADVO
 CATE. NO EMPLOYEE OF ANY STATE OR LOCAL DEPARTMENT OR OFFICE OR  OF  ANY
 PRIVATE  ENTITY SHALL RETALIATE AGAINST ANY PERSON WHO MAKES A COMPLAINT
 TO, OR WHO COOPERATES WITH THE INDEPENDENT OFFICE OF THE CHILD  ADVOCATE
 IN  A  REVIEW,  INVESTIGATION OR EVALUATION CONDUCTED BY THE INDEPENDENT
 OFFICE OF THE CHILD ADVOCATE.
 3. ALL COMMUNICATIONS TO THE INDEPENDENT OFFICE OF THE CHILD  ADVOCATE
 SHALL  REMAIN  CONFIDENTIAL.  ANY COMPLAINT FILED BY ANY PERSON WITH THE
 INDEPENDENT OFFICE OF THE CHILD ADVOCATE SHALL REMAIN CONFIDENTIAL.
 4. ALL YOUTH RESIDING IN A JUVENILE JUSTICE FACILITY SHALL BE  PERMIT
 TED  REASONABLE  ACCESS TO A TELEPHONE TO MAKE A TOLL FREE CALL OR SHALL
 BE SUPPLIED WRITING MATERIALS IN ORDER TO WRITE LETTERS TO THE INDEPEND
 ENT OFFICE OF THE CHILD ADVOCATE UPON THE YOUTH'S REQUEST. ANY  COMMUNI
 CATIONS BETWEEN SUCH YOUTH AND THE INDEPENDENT OFFICE OF THE CHILD ADVO
 CATE  SHALL REMAIN CONFIDENTIAL AND SHALL NOT BE MONITORED BY ANY MEMBER
 OF THE FACILITY'S STAFF.
 5. THE INDEPENDENT OFFICE OF THE CHILD  ADVOCATE  MAY  APPLY  FOR  AND
 ACCEPT  GRANTS, GIFTS AND BEQUESTS OF FUNDS FROM PRIVATE INDIVIDUALS AND
 FOUNDATIONS FOR THE PURPOSE OF CARRYING OUT STUDIES UNDER THIS  ARTICLE.
 THE  FUNDS  SHALL  BE EXPENDED IN ACCORDANCE WITH THE PROVISIONS OF SUCH
 GRANT, GIFT OR BEQUEST.
 6. THE CHILD ADVOCATE SHALL TAKE ALL POSSIBLE ACTIONS  INCLUDING,  BUT
 NOT  LIMITED  TO,  CONDUCTING  PROGRAMS OF PUBLIC EDUCATION, UNDERTAKING
 LEGISLATIVE ADVOCACY AND MAKING PROPOSALS FOR ADMINISTRATIVE  CORRECTION
 OR  REFORM  AND  FORMAL  LEGAL ACTION, IN ORDER TO SECURE AND ENSURE THE
 LEGAL, CIVIL AND SPECIAL RIGHTS OF CHILDREN.
 7. THE CHILD ADVOCATE SHALL TAKE THE APPROPRIATE  STEPS  TO  MAKE  THE
 EXISTENCE AND AVAILABILITY OF THE CHILD ADVOCATE WIDELY KNOWN, BY APPRO
 PRIATE AND ACTIVE MEANS, TO CHILDREN AND ADULTS.
 

S 3. Subdivision 16 of section 501 of the executive law, as renumbered
 by  chapter  170 of the laws of 1994, is renumbered subdivision 17 and a
 new subdivision 16 is added to read as follows:

 16. THE COMMISSIONER OF THE OFFICE OF  CHILDREN  AND  FAMILY  SERVICES
 SHALL  PROMULGATE  REGULATIONS  REQUIRING  THAT NO SERVICES, FACILITIES,
 ENTITIES OR PROGRAMS UNDER THE JURISDICTION OF A STATE AGENCY  THAT  HAS
 CUSTODY  OF  CHILDREN  SHALL  RESTRICT OR PROHIBIT ACCESS TO FACILITIES,
 RECORDS OR INDIVIDUALS TO THE INDEPENDENT OFFICE OF THE  CHILD  ADVOCATE
 UPON  REQUEST,  UNLESS  THE  DISCLOSURE  OF  SUCH  RECORDS ARE OTHERWISE
 PROHIBITED BY FEDERAL LAW OR REGULATION.
 

S 4. This act shall take effect April 1, 2013; provided, however, that
 effective immediately, the addition, amendment and/or repeal of any rule
 or regulation necessary for the implementation of this act on its effec
 tive date are authorized and directed to be made  and  completed  on  or
 before the effective date.

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