S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1050
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2017
                                ___________
 
 Introduced  by M. of A. STIRPE, JAFFEE, LUPARDO, O'DONNELL, BLAKE, GOTT-
   FRIED, CAHILL, SKOUFIS,  GOODELL,  FINCH,  LOPEZ,  PALMESANO,  PAULIN,
   STECK,  ARROYO, DAVILA, PICHARDO, FRIEND, BUCHWALD, MAGNARELLI, SIMON,
   HAWLEY, GUNTHER,  HUNTER,  PEOPLES-STOKES,  WEPRIN,  DiPIETRO,  QUART,
   ABINANTI,  SEAWRIGHT,  OTIS,  BARRETT,  RYAN, SKARTADOS, M. G. MILLER,
   BENEDETTO,  JENNE,  ZEBROWSKI,  SEPULVEDA,  CUSICK,  ROSENTHAL,  FAHY,
   ROZIC,  SIMANOWITZ,  LIFTON  -- Multi-Sponsored by -- M. of A. CROUCH,
   GALEF, GIGLIO, HEVESI, KEARNS, RA, RIVERA, WOERNER --  read  once  and
   referred 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.
   § 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.
   § 849-L. GENERAL PURPOSE. THE LEGISLATURE HEREBY RECOGNIZES THE IMPOR-
 TANCE OF COURT-APPOINTED SPECIAL ADVOCATES (CASA) PROGRAMS TO THE EFFEC-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04741-01-7

 A. 1050                             2
 
 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
 JUDGE  OF THE STATE PROMULGATED PURSUANT TO SECTION EIGHT HUNDRED FORTY-
 NINE-M OF THIS ARTICLE.
   § 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.
   § 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.
   § 849-O. IMMUNITY.  EACH BOARD MEMBER, OFFICER, EMPLOYEE AND VOLUNTEER
 WORKING FOR OR ON BEHALF OF A CASA PROGRAM, WHILE PARTICIPATING  REASON-
 ABLY AND 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.
   § 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.
   § 3. This act shall take effect immediately.