NY State Senate Bill 2009-S1078

Senate Bill S1078

2009-2010 Legislative Session

Provides for notification to the state when a foster home is decertified, not renewed or a child is removed; requires evaluation to determine if home be re-opened

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 02, 2010	reported and committed to codes
Jan 06, 2010	referred to children and families
Jan 26, 2009	referred to children and families

Votes

- Feb 2, 2010 - Children And Families Committee Vote
  S1078
  
  5
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Children And Families Committee Vote: Feb 2, 2010
      
      aye (5)
      
      Duane
      
      Huntley
      
      McDonald
      
      Montgomery
      
      Schneiderman
      
      aye wr (1)
      
      Marcellino

co-Sponsors

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2009-S1078 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Social Services Law
Laws Affected:: Amd §§376, 377 & 379, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1345
2013-2014: S417

2009-S1078 (ACTIVE) - Summary

Provides for notification to the state when a foster home is decertified, not renewed or a child is removed; requires evaluation to determine if certificate should be issued and the home be re-opened; authorizes non-renewal of certificate or license as well as revocation; also provides for notice to the office of children and family services of the action taken.

2009-S1078 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1078

 TITLE OF BILL :
An act to amend the social services law, in relation to foster home
decertification, application for recertification, authorization for
non-renewal, notice of removal of a child, and other required notices


 PURPOSE :
To protect foster children from being placed in a home which has
previously been found to be unsuitable for providing care.

 SUMMARY OF PROVISIONS :
Section 1 and 2 amend sections 376 and 377 of the Social Services Law,
by requiring that when an agency or local social services commissioner
is screening a prospective foster parent to be certified or licensed,
the agency or local commissioner must inquire with OCFS whether the
applicant has ever been a foster parent before, and, if so, whether
the certificate or license was revoked, not renewed, or a child was
removed from the home. If any of these instances have occurred, the
agency or commissioner must evaluate the circumstances and the
reason(s) for such action, to determine whether a certificate should
be issued and the home reopened.

Section 3 amends section 379 of the Social Services law, by adding
non-renewal of certificates and licenses and removal of a child, as

instances for notification to OCFS.

 EXISTING LAW :  Currently, under section 379 of the Social Service
Law, the only requirement to notify OCFS is when a certification or
license is revoked. The law does not require that OCFS be informed as
to the reason(s) why the certification or license was revoked. There
is no statutory requirement for agencies or local social services
commissioners to make an inquiry to OCFS regarding an applicant's
prior history as a foster parent, before issuing a new certificate or
license.

 JUSTIFICATION :  When a child enters fostercare, the state assumes
the responsibility of providing a safe and secure environment for the
child. However, this is not always the case. According to agency
reports and hearing testimony, there continues to be instances where
children are further abused or even killed by their foster parents.

State statute and regulations currently set screening requirements for
prospective foster parents, including a check against the Statewide
Central Registry of Child Abuse and Maltreatment (The Child Abuse
Hotline), which houses data on reports of abuse and maltreatment
against individuals, including foster parents. However, such a check
will only provide information for reported and investigated cases.

In some cases, when a foster parent is suspected of not providing a
safe and secure environment, the caseworker will remove the child or
children from the home, but will not revoke the certificate or
license, or report the foster parent to the Child Abuse Hotline.
Rather, the home remains open with no children placed there by the
agency. Then, when the home is up for annual renewal, the agency
simply does not renew their certification.

In such cases, the foster parent may simply apply to another agency to
take foster children. Without a formal mechanism in place to check on
the prior history of the applicant and to follow up with any previous
agencies, the new agency could certify the applicant without ever
knowing about prior problems, and as a result, place more children in
jeopardy.


OCFS does currently have a mechanism for checking information on
prospective foster parents. OCFS' computerized foster parent registry
is intended to house information on all current and former foster
parents.  Internal policies direct caseworkers to check the registry
before a new foster parent can be certified and added to the system.
However, there is no formal guidance as to how to evaluate any
problems. Further, the system contains limited information on the
reason(s) a home was closed or a child removed.

This bill would address these gaps by requiring that OCFS maintain a
history of removals, revocations, and non-renewals of certificates and
licenses, including the reason for such actions. It further directs
OCFS to establish regulations to help agencies and local social
service commissioners evaluate the circumstances around such actions,
and decide whether to reopen the home. Similar regulations and
procedures already exist for evaluating indicated reports from the
Child Abuse Hotline and instances where applicants have a criminal
history.

 LEGISLATIVE HISTORY :
2008:  S.1500 - Referred to Social Services, Children & Families
2007:  S.1500 - Referred to Social Services, Children & Families
2006:  S.2331/A.4373 - Passed Assembly
2004:  S.4803/A.4530 - Passed Assembly
2003:  S.4803/A.4530 - Died in Committee
2001-02: A.6761-A - Passed Assembly
1999-00: A.5591 - Passed Assembly

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect on 180th day after it shall become law,
provided however, that effective immediately, the addition, amendment
and/or repeal of any rules or regulations necessary for the
implementation of the forgoing sections of this act on its effective
date are authorized and directed to be made and completed on or before
such effective date.

2009-S1078 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1078

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 26, 2009
                               ___________

Introduced  by  Sens. DILAN, ADAMS, BRESLIN, DIAZ, DUANE, HASSELL-THOMP-
  SON, C. JOHNSON, KRUEGER, KRUGER, ONORATO, OPPENHEIMER, PARKER,  SAMP-
  SON,  SAVINO,  SCHNEIDERMAN,  STACHOWSKI,  STAVISKY  -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Children and Families

AN  ACT  to  amend  the  social services law, in relation to foster home
  decertification, application for  recertification,  authorization  for
  non-renewal, notice of removal of a child, and other required notices

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 376 of the social services law, as
amended by chapter 677 of the laws  of  1985,  is  amended  to  read  as
follows:
  1.  An  authorized  agency  which shall board out any [child/or] CHILD
AND/OR minor under the age of eighteen years shall issue to  the  person
receiving  such  child  and/or minor for board a certificate to receive,
board or keep a [child/or]  CHILD AND/OR minor under the age of eighteen
years. Prior to issuing such certificate, the agency shall require  that
an  applicant set forth: his or her employment history, provide personal
and employment references and sign a sworn statement indicating  whether
the  applicant,  to  the  best  of  his  or her knowledge, has ever been
convicted of a crime in this state or any other jurisdiction.  THE AGEN-
CY SHALL ALSO INQUIRE OF THE OFFICE OF CHILDREN AND FAMILY  SERVICES  AS
TO  WHETHER THE APPLICANT HAS EVER HELD SUCH A CERTIFICATE, OR A LICENSE
OR APPROVAL AND, IF SO, WHETHER THE CERTIFICATE, LICENSE OR APPROVAL WAS
REVOKED, NOT RENEWED, OR A CHILD WAS REMOVED  FROM  THE  HOME,  AND  THE
REASON  THEREFOR.  IN  SUCH  INSTANCES,  THE  AGENCY  SHALL EVALUATE THE
CIRCUMSTANCES, PURSUANT TO REGULATIONS ESTABLISHED  BY  THE  OFFICE,  TO
DETERMINE WHETHER A CERTIFICATE SHOULD BE ISSUED AND THE HOME RE-OPENED.
Not  until  all  inquiries  are completed and evaluated shall the agency
cause such certificate to be issued.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05013-01-9

S. 1078                             2

  S 2. Subdivision 1 of section 377  of  the  social  services  law,  as
amended  by  chapter  677  of  the  laws  of 1985, is amended to read as
follows:
  1. Application for a license to receive, board or keep any child shall
be made in writing to the commissioner of [social services] CHILDREN AND
FAMILY  SERVICES  in  and  for  the social services district wherein the
premises to be licensed are located, in the form and  manner  prescribed
by  the  [department]  OFFICE  OF  CHILDREN  AND  FAMILY SERVICES.   The
[department] OFFICE shall require that an applicant set forth:   his  or
her  employment  history, provide personal and employment references and
sign a sworn statement indicating whether, to the best  of  his  or  her
knowledge, he or she has ever been convicted of a crime in this state or
any  other  jurisdiction.    SUCH COMMISSIONER SHALL ALSO INQUIRE OF THE
OFFICE AS TO WHETHER THE APPLICANT HAS EVER HELD SUCH A  LICENSE,  OR  A
CERTIFICATE OR APPROVAL, AND, IF SO, WHETHER THE LICENSE, CERTIFICATE OR
APPROVAL WAS REVOKED, NOT RENEWED, OR A CHILD WAS REMOVED FROM THE HOME,
AND  THE  REASON  THEREFOR.  IN  SUCH INSTANCES, SUCH COMMISSIONER SHALL
EVALUATE THE CIRCUMSTANCES, PURSUANT TO REGULATIONS ESTABLISHED  BY  THE
OFFICE,  TO  DETERMINE  WHETHER  A LICENSE SHOULD BE ISSUED AND THE HOME
RE-OPENED. Not until all inquiries are  completed  and  evaluated  shall
[the]  SUCH  commissioner  [of social services] cause such license to be
issued.
  S 3. Section 379 of the social services law, as amended by chapter 945
of the laws of 1971, subdivision 2 as amended by chapter 555 of the laws
of 1978, is amended to read as follows:
  S 379. Revocation AND NON-RENEWAL of  certificates  and  licenses  AND
REMOVAL  OF A CHILD; NOTIFICATION TO OFFICE. 1. A certificate or license
to receive, board or keep any child and/or minor under the age of  eigh-
teen  years  may  be  revoked  for cause by the authorized agency or the
commissioner of [social services] THE  OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES  by  which it was issued and any such certificate or license to
receive, board or keep any child may be revoked for cause by the commis-
sioner OF THE OFFICE OF CHILDREN AND FAMILY SERVICES.
  2. An agency revoking OR NOT RENEWING any such certificate and a LOCAL
commissioner of social  services  revoking  OR  NOT  RENEWING  any  such
license  shall  notify  the  [department]  OFFICE OF CHILDREN AND FAMILY
SERVICES of such [revocation] ACTION at once, AND THE REASON THEREFOR.
  3. ANY TIME AN AGENCY OR LOCAL COMMISSIONER OF SOCIAL SERVICES REMOVES
A CHILD FROM A CERTIFIED OR LICENSED HOME, SUCH AGENCY  OR  COMMISSIONER
SHALL  NOTIFY  THE OFFICE OF CHILDREN AND FAMILY SERVICES OF THE REMOVAL
AND THE REASON THEREFOR.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law, provided, however, that effective immediate-
ly, the addition, amendment and/or repeal of any  rules  or  regulations
necessary  for  the implementation of the foregoing sections of this act
on its effective  date  is  authorized  and  directed  to  be  made  and
completed on or before such effective date.

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