S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7188
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 11, 2019
                                ___________
 
 Introduced  by  M.  of  A.  JEAN-PIERRE -- read once and referred to the
   Committee on Children and Families
 
 AN ACT to amend the executive law, in relation to the  establishment  of
   the independent office of the child advocate
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. 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.
         535. THE CHILD ADVOCATE.
         536. DUTIES OF THE CHILD ADVOCATE.
         537. COOPERATION OF OTHER AGENCIES.
         538. DUTY TO MAINTAIN CONFIDENTIALITY.
         539. ADDITIONAL PROVISIONS.
   §  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.

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

                                                            LBD09047-02-9

 A. 7188                             2
 
   § 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, TEN, TEN-A, TEN-B OR TEN-C 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.
   §  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.
   § 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
 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

 A. 7188                             3
 
   (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) WORK COLLABORATIVELY WITH STATE AGENCIES AND LOCAL SOCIAL SERVICES
 DISTRICTS  HAVING  CUSTODY  OF CHILDREN TO ARRANGE FOR THE VISITATION OF
 PROGRAMS AND FACILITIES OPERATED BY OR CONTRACTING WITH SUCH STATE AGEN-
 CIES OR LOCAL SOCIAL SERVICES DISTRICTS; AND
   (J) REPORT TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY AND THE TEMPO-
 RARY PRESIDENT OF THE SENATE 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 AND EVALU-
 ATIONS 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
 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, THE  SPEAKER  OF
 THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE.
   (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

 A. 7188                             4
 
 THAT SUCH OFFICE, DISTRICT, AGENCY OR ENTITY FAILED TO  ISSUE  A  TIMELY
 WRITTEN RESPONSE TO THE REPORT BY THE CHILD ADVOCATE.
   §  537.   COOPERATION OF OTHER AGENCIES. TO EFFECTUATE THE PURPOSES OF
 THIS ARTICLE, THE INDEPENDENT OFFICE OF THE CHILD ADVOCATE  MAY  REQUEST
 FROM  STATE  AGENCIES AND LOCAL SOCIAL SERVICES DISTRICTS HAVING CUSTODY
 OF CHILDREN SUCH ASSISTANCE AND DATA AS  IS  NECESSARY  TO  FULFILL  THE
 CHILD ADVOCATE'S DUTIES. SUCH INFORMATION SHALL BE PROVIDED TO THE INDE-
 PENDENT OFFICE OF THE CHILD ADVOCATE UNLESS OTHERWISE PROTECTED BY LAW.
   §  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.
   §  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
 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,  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.
   §  2. This act shall take effect April 1, 2020. Effective immediately,
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized to be made and completed on or before such effective date.