S T A T E   O F   N E W   Y O R K
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                                 4798--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 6, 2015
                               ___________

Introduced  by M. of A. CLARK, TITUS, PAULIN, BENEDETTO, PEOPLES-STOKES,
  COLTON, GALEF, PERRY, WEPRIN -- Multi-Sponsored by -- M. of A. ABINAN-
  TI, ARROYO, CAHILL, COOK,  CROUCH,  FARRELL,  FINCH,  GANTT,  GOODELL,
  GOTTFRIED,   HIKIND,  JAFFEE,  KAVANAGH,  LIFTON,  LUPARDO,  McKEVITT,
  McLAUGHLIN, MILLER, MONTESANO, ORTIZ, ROBINSON, ROSENTHAL,  WRIGHT  --
  read  once  and  referred to the Committee on Children and Families --
  recommitted to the Committee on Children and  Families  in  accordance
  with  Assembly  Rule  3, sec. 2 -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

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is REPEALED.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.
        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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08653-03-6

              

A. 4798--A                          2

  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
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

A. 4798--A                          3

  (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
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

A. 4798--A                          4

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
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.

A. 4798--A                          5

  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, 2017; 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  is  authorized  and  directed to be made and completed on or
before the effective date.