S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2059
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2017
                                ___________
 
 Introduced  by Sens. BONACIC, CARLUCCI, RITCHIE, SAVINO, VALESKY -- 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.
   § 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-
 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.
                                                            LBD04741-01-7
              

 S. 2059                             2
 
 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.