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

                                  1636

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 13, 2015
                               ___________

Introduced  by  Sens. BONACIC, CARLUCCI, GALLIVAN, KENNEDY -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Judiciary

AN ACT to amend the judiciary law, in relation  to  the  court-appointed
  special advocates program

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

  Section 1. The purpose of this act is to recognize the important  role
long  played  by  court-appointed special advocates ("CASA") programs in
aiding family court efforts to promote the health, safety and well-being
of children; and to ensure that, going forward, CASA programs are  suit-
ably  structured,  administered  and funded so that they may continue to
provide appropriate services to children and families through its  dedi-
cated volunteers.
  S 2. The judiciary law is amended by adding a new article 21-C to read
as follows:
                               ARTICLE 21-C
                COURT-APPOINTED SPECIAL ADVOCATES PROGRAM
SECTION 849-L. GENERAL PURPOSE.
        849-M. ADMINISTRATION.
        849-N. STATE ASSISTANCE.
        849-O. IMMUNITY.
        849-P. CONFIDENTIALITY.
  S 849-L. GENERAL PURPOSE. THE LEGISLATURE HEREBY RECOGNIZES THE IMPOR-
TANCE OF COURT-APPOINTED SPECIAL ADVOCATES (CASA) PROGRAMS TO THE EFFEC-
TIVE  OPERATION  OF  THE  FAMILY COURT. ACCORDINGLY, IT DIRECTS THAT, AS
PROVIDED IN THIS ARTICLE, THESE PROGRAMS SHALL BE SUBJECT TO ADMINISTRA-
TIVE SUPERVISION AND ELIGIBLE FOR STATE ASSISTANCE. FOR PURPOSES OF THIS
ARTICLE, A CASA PROGRAM  SHALL  MEAN  A  NOT-FOR-PROFIT  CORPORATION  IN
COMPLIANCE  WITH  SUCH  STANDARDS AS ARE SPECIFIED IN RULES OF THE CHIEF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03046-01-5

              

S. 1636                             2

JUDGE OF THE STATE PROMULGATED PURSUANT TO SECTION EIGHT HUNDRED  FORTY-
NINE-M OF THIS ARTICLE.
  S 849-M. ADMINISTRATION. THE CHIEF JUDGE OF THE STATE SHALL PROMULGATE
RULES  AND  REGULATIONS STANDARDIZING USE OF CASA PROGRAMS IN THIS STATE
AND GOVERNING THE ADMINISTRATION AND OPERATION OF SUCH PROGRAMS. NO CASA
PROGRAM, OR ANY STAFF PERSON OR VOLUNTEER WORKING FOR OR  ON  BEHALF  OF
SUCH  PROGRAM,  SHALL  BE  ELIGIBLE FOR APPOINTMENT BY A FAMILY COURT TO
ASSIST SUCH COURT IN ANY MANNER UNLESS SUCH  PROGRAM  IS  IN  COMPLIANCE
WITH  SUCH  RULES  AND  REGULATIONS.  NOR SHALL ANY CASA PROGRAM, OR ANY
STAFF PERSON OR VOLUNTEER WORKING FOR OR ON BEHALF OF SUCH PROGRAM, UPON
APPOINTMENT BY A FAMILY COURT TO ASSIST SUCH COURT IN ANY MANNER,  EXER-
CISE  ANY POWERS OR DISCHARGE ANY DUTIES IN RELATION THERETO UNLESS SUCH
COURT HAS AUTHORIZED SUCH EXERCISE OR DISCHARGE.
  S 849-N. STATE ASSISTANCE.  1.  THERE  SHALL  BE  A  STATE  ASSISTANCE
PROGRAM,  TO  BE KNOWN AS THE CASA ASSISTANCE PROGRAM, PURSUANT TO WHICH
INDIVIDUAL CASA PROGRAMS MAY APPLY FOR AND  RECEIVE  FUNDING  FROM  SUCH
APPROPRIATIONS  AS  THE  LEGISLATURE  MAY MAKE AVAILABLE THEREFOR TO THE
UNIFIED COURT SYSTEM.
  2. THE CASA ASSISTANCE PROGRAM SHALL  BE  ADMINISTERED  BY  THE  CHIEF
ADMINISTRATOR OF THE COURTS, WHO SHALL PRESCRIBE APPLICATION AND PAYMENT
PROCEDURES,  STANDARDS TO GOVERN THE AWARD OF FUNDING, AND PROTOCOLS FOR
ONGOING REVIEW OF CASA PROGRAMS THAT RECEIVE FUNDS HEREUNDER,  INCLUDING
PROVISION FOR PERIODIC PROGRAM REVIEW AND RECORDS RETENTION.
  3.  FUNDS  AVAILABLE  PURSUANT  TO  THIS  ARTICLE  MAY BE USED FOR ANY
PURPOSE HAVING AS ITS END ENHANCEMENT OF A  CASA  PROGRAM'S  ABILITY  TO
PROVIDE SUITABLE AND SUFFICIENT ASSISTANCE TO THE FAMILY COURT.
  4. THE STATE COMPTROLLER, THE CHIEF ADMINISTRATOR AND THEIR AUTHORIZED
REPRESENTATIVES  SHALL  HAVE THE POWER TO INSPECT, EXAMINE AND AUDIT THE
FISCAL AFFAIRS OF ANY CASA PROGRAM RECEIVING FUNDING HEREUNDER.
  S 849-O. IMMUNITY. EACH BOARD MEMBER, OFFICER, EMPLOYEE AND  VOLUNTEER
WORKING  FOR OR ON BEHALF OF A CASA PROGRAM, WHILE PARTICIPATING IN GOOD
FAITH WITHIN THE SCOPE OF HIS OR HER EMPLOYMENT THEREBY  OR  APPOINTMENT
THEREUNDER,  SHALL  HAVE IMMUNITY FROM ANY LIABILITY, CIVIL OR CRIMINAL,
THAT MIGHT OTHERWISE RESULT BY REASON OF HIS OR HER ACTION OR  INACTION.
FOR  PURPOSES  OF THIS SECTION, THE GOOD FAITH OF ANY SUCH BOARD MEMBER,
OFFICER, EMPLOYEE AND VOLUNTEER SHALL BE PRESUMED, PROVIDED THAT  HE  OR
SHE  WAS  EXERCISING  HIS OR HER POWERS OR DISCHARGING HIS OR HER DUTIES
WITHIN THE SCOPE OF HIS OR HER EMPLOYMENT OR APPOINTMENT, AND THAT  SUCH
LIABILITY DID NOT RESULT FROM THE WILLFUL MISCONDUCT OR GROSS NEGLIGENCE
OF SUCH BOARD MEMBER, OFFICER, EMPLOYEE AND VOLUNTEER.
  S 849-P. CONFIDENTIALITY. EACH CASA PROGRAM SHALL SAFEGUARD THE CONFI-
DENTIALITY OF ALL INFORMATION AND MATERIAL IN ACCORDANCE WITH APPLICABLE
STATE  AND  FEDERAL LAWS, RULES AND REGULATIONS; AND, TO THIS END, SHALL
ENSURE THAT ALL OF ITS BOARD MEMBERS, OFFICERS, EMPLOYEES AND VOLUNTEERS
ARE TRAINED IN, AND COMPLY WITH, SUCH LAWS, RULES AND REGULATIONS.
  S 3. This act shall take effect immediately.