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OR APPROVAL AND, IF SO, WHETHER THE CERTIFICATE, LICENSE OR APPROVAL WAS
REVOKED, NOT RENEWED, OR A CHILD WAS REMOVED FROM THE HOME, AND THE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.