S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1436
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 15, 2019
                                ___________
 
 Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
   tee on Children and Families
 
 AN ACT to amend the social services law, in  relation  to  reporting  of
   unaccompanied alien children by authorized agencies
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known as and may be cited  as  the  "SCAR
 Act" or the "Separation of Children Accountability Response Act".
   § 2. Section 372 of the social services law is amended by adding a new
 subdivision 9 to read as follows:
   9.  (A)  AN  AUTHORIZED AGENCY AS DEFINED IN PARAGRAPHS (A) AND (B) OF
 SUBDIVISION TEN OF SECTION THREE HUNDRED SEVENTY-ONE OF THIS TITLE SHALL
 BE REQUIRED TO REPORT THE  FOLLOWING  INFORMATION  TO  THE  COMMISSIONER
 EVERY FIFTEEN DAYS:
   (I) THE NUMBER OF UNACCOMPANIED ALIEN CHILDREN NEWLY ACCEPTED INTO THE
 AUTHORIZED  AGENCY'S  CARE  WITHIN  THE  PREVIOUS  FIFTEEN  DAYS UNDER A
 CONTRACT, GRANT, OR OTHER AGREEMENT WITH THE FEDERAL GOVERNMENT;
   (II) THE NUMBER OF UNACCOMPANIED  ALIEN  CHILDREN  RELEASED  FROM  THE
 AUTHORIZED  AGENCY'S  CARE  WITHIN  THE  PREVIOUS  FIFTEEN  DAYS UNDER A
 CONTRACT, GRANT, OR OTHER AGREEMENT WITH THE FEDERAL GOVERNMENT;
   (III) THE NUMBER OF UNACCOMPANIED ALIEN CHILDREN CURRENTLY  UNDER  THE
 AUTHORIZED  AGENCY'S  CARE  UNDER  A CONTRACT, GRANT, OR OTHER AGREEMENT
 WITH THE FEDERAL GOVERNMENT AT THE TIME OF THE REPORT;
   (IV) THE MEDIAN AND MEAN NUMBER OF DAYS UNACCOMPANIED  ALIEN  CHILDREN
 HAVE SPENT IN THE CARE OF THE AUTHORIZED AGENCY UNDER A CONTRACT, GRANT,
 OR  OTHER  AGREEMENT WITH THE FEDERAL GOVERNMENT AND THE TOTAL NUMBER OF
 DAYS SPENT IN THE CUSTODY OF THE FEDERAL GOVERNMENT, IF KNOWN;
   (V) (1) THE NUMBER OF UNACCOMPANIED ALIEN CHILDREN IN  THE  AUTHORIZED
 AGENCY'S CARE WHO WERE REMOVED FROM THE CARE OR CUSTODY OF THEIR PARENTS
 BY AN OFFICIAL, AGENT OR AGENCY OF THE FEDERAL GOVERNMENT WHILE ENTERING
 OR  ATTEMPTING  TO  ENTER  THE UNITED STATES OR AFTER HAVING ENTERED THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01765-01-9

 A. 1436                             2
 
 UNITED STATES, AND (2) THE NUMBER OF UNACCOMPANIED ALIEN CHILDREN PREVI-
 OUSLY REMOVED FROM THE CUSTODY  OF  THEIR  PARENTS  AND  PLACED  IN  THE
 AUTHORIZED AGENCY'S CARE THAT HAVE BEEN RESTORED TO THE CUSTODY OF THEIR
 PARENTS;
   (VI)  THE  NUMBER  OF  UNACCOMPANIED  ALIEN CHILDREN IN THE AUTHORIZED
 AGENCY'S CARE WHOSE PRIMARY  LANGUAGE  IS  NOT  ENGLISH,  INCLUDING  THE
 NUMBER  OF  CHILDREN  SPEAKING  EACH  LANGUAGE  AND THE PRIMARY LANGUAGE
 SPOKEN BY SUCH CHILDREN;
   (VII) THE NUMBER OF UNACCOMPANIED ALIEN CHILDREN PLACED  INTO  PARTIC-
 ULAR  TYPES  OF  CARE  OR CUSTODY INCLUDING, BUT NOT LIMITED TO, TRANSI-
 TIONAL FOSTER CARE, LONG-TERM FOSTER CARE, SECURE CARE  OR  STAFF-SECURE
 CARE; AND
   (VIII) ANY OTHER INFORMATION THE COMMISSIONER DEEMS NECESSARY.
   (B)  REPORTS TO THE COMMISSIONER SHALL NOT REVEAL IDENTIFYING INFORMA-
 TION ABOUT SPECIFIC CASES OR INDIVIDUALS,  AND  THE  COMMISSIONER  SHALL
 ENSURE  THAT  ALL REPORTING REQUIREMENTS COMPLY WITH FEDERAL LAWS, REGU-
 LATIONS, AND POLICIES. A PERSON WHO KNOWINGLY SUBMITS FALSE  INFORMATION
 REQUIRED BY THIS SUBDIVISION SHALL BE GUILTY OF OFFERING A FALSE INSTRU-
 MENT FOR FILING UNDER ARTICLE ONE HUNDRED SEVENTY-FIVE OF THE PENAL LAW.
   (C)  THE  COMMISSIONER  MAY  DENY,  REVOKE, OR TERMINATE AN AUTHORIZED
 AGENCY'S EXISTING LICENSURES OR REGISTRATIONS  FOR  FAILURE  TO  PROVIDE
 SUCH INFORMATION IN THE PRESCRIBED TIME FRAME.
   (D)  THE  COMMISSIONER SHALL COMPILE SUCH DATA UTILIZING THE OFFICE OF
 CHILDREN  AND  FAMILY  SERVICES'  BUREAU  OF  RESEARCH,  EVALUATION  AND
 PERFORMANCE  ANALYTICS  (HEREINAFTER  REFERRED  TO AS THE "BUREAU"). THE
 BUREAU, OR ITS SUCCESSOR AGENCY, SHALL SUPPLY SUCH  INFORMATION  TO  THE
 COMMISSIONER  AND GOVERNMENT OFFICIALS UPON REQUEST, AND SHALL MAKE SUCH
 INFORMATION AVAILABLE TO THE PUBLIC IN A MANNER ACCESSIBLE TO THE PUBLIC
 IN REAL-TIME.
   (E) FOR PURPOSES OF THIS SUBDIVISION, THE TERM "ALIEN" IS  DEFINED  AS
 ANY  PERSON  NOT  A  CITIZEN  OR NATIONAL OF THE UNITED STATES, THE TERM
 "CHILD" SHALL HAVE THE SAME MEANING AS DEFINED IN SECTION THREE  HUNDRED
 SEVENTY-ONE  OF  THIS TITLE, AND THE TERM "UNACCOMPANIED" WITH REGARD TO
 AN ALIEN CHILD IS DEFINED CONSISTENT WITH FEDERAL LAW AND SHALL  INCLUDE
 CHILDREN  WHO  WERE UNACCOMPANIED WHEN THEY CROSSED THE BORDER AND CHIL-
 DREN WHO WERE NOT ACCOMPANIED WHEN THEY  CROSSED  THE  BORDER  BUT  WERE
 RENDERED  UNACCOMPANIED  BY  REMOVAL  FROM  THE CARE OR CUSTODY OF THEIR
 PARENT OR GUARDIAN.
   § 3. This act shall take effect immediately.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1436--B
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 15, 2019
                                ___________
 
 Introduced  by  M.  of  A.  EPSTEIN,  L. ROSENTHAL, DE LA ROSA, SIMOTAS,
   TAYLOR, GOTTFRIED, ENGLEBRIGHT, ARROYO, AUBRY, DICKENS, WEPRIN,  CRUZ,
   MOSLEY,  CRESPO, D'URSO, ORTIZ, ABBATE, HYNDMAN, BLAKE, RIVERA, ROZIC,
   STERN, COOK, KIM, CYMBROWITZ, D. ROSENTHAL,  FALL,  SEAWRIGHT,  REYES,
   RODRIGUEZ,   GLICK,  FRONTUS,  QUART,  JEAN-PIERRE,  GRIFFIN,  HUNTER,
   FERNANDEZ, RAMOS, RICHARDSON, OTIS, LIFTON, DINOWITZ, CARROLL, ABINAN-
   TI, BARRON, O'DONNELL, SIMON, FAHY, WRIGHT, STECK, VANEL,  M. G. MILL-
   ER,  NIOU,  SAYEGH, MAGNARELLI, ROMEO, PICHARDO, RAYNOR -- Multi-Spon-
   sored by -- M.   of A. DenDEKKER,  LENTOL,  NOLAN  --  read  once  and
   referred  to  the  Committee  on  Children  and  Families -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee -- again reported from said  committee  with  amend-
   ments, ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the social services law, in relation to reporting of
   unaccompanied alien children by authorized agencies
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  This  act shall be known as and may be cited as the "SCAR
 Act" or the "Separation of Children Accountability Reporting Act".
   § 2. The social services law is amended by adding a new section  372-a
 to read as follows:
   §  372-A. REPORTING OF UNACCOMPANIED ALIEN CHILDREN. 1. THE DEPARTMENT
 SHALL COLLECT, AGGREGATE AND REPORT THE NUMBER  OF  UNACCOMPANIED  ALIEN
 CHILDREN  THAT  ARE PLACED BY THE FEDERAL OFFICE OF REFUGEE RESETTLEMENT
 IN THE CARE OF AN AUTHORIZED AGENCY, AS DEFINED IN  PARAGRAPHS  (A)  AND
 (B)  OF  SUBDIVISION  TEN  OF  SECTION THREE HUNDRED SEVENTY-ONE OF THIS
 TITLE, TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE  SENATE  AND  THE
 SPEAKER  OF THE ASSEMBLY.  THE REPORT SHALL INCLUDE THE FOLLOWING INFOR-
 MATION:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01765-09-9

              

 A. 1436--B                          2
 
   A. THE NUMBER OF UNACCOMPANIED ALIEN CHILDREN NEWLY ACCEPTED INTO  THE
 AUTHORIZED  AGENCY'S  CARE  UNDER  A CONTRACT, GRANT, OR OTHER AGREEMENT
 WITH THE FEDERAL GOVERNMENT AT THE TIME OF THE REPORT;
   B. THE NUMBER OF UNACCOMPANIED ALIEN CHILDREN PLACED IN THE AUTHORIZED
 AGENCY'S  CARE  UNDER  A  CONTRACT, GRANT, OR OTHER AGREEMENT BETWEEN AN
 AUTHORIZED AGENCY AND THE FEDERAL GOVERNMENT SINCE THE LAST REPORT;
   C. THE NUMBER OF UNACCOMPANIED  ALIEN  CHILDREN  DISCHARGED  FROM  THE
 AUTHORIZED  AGENCY'S  CARE  THAT  WERE PLACED UNDER A CONTRACT, GRANT OR
 OTHER AGREEMENT BETWEEN AN AUTHORIZED AGENCY AND THE FEDERAL  GOVERNMENT
 AT THE TIME OF THE REPORT;
   D.  THE  NUMBER  OF  UNACCOMPANIED  ALIEN CHILDREN DISCHARGED FROM THE
 AUTHORIZED AGENCY'S CARE THAT WERE PLACED UNDER A  CONTRACT,  GRANT,  OR
 OTHER  AGREEMENT BETWEEN AN AUTHORIZED AGENCY AND THE FEDERAL GOVERNMENT
 SINCE THE LAST REPORT;
   E. THE NUMBER OF UNACCOMPANIED ALIEN CHILDREN IN THE AUTHORIZED  AGEN-
 CY'S  CARE WHO WERE REMOVED FROM THE CARE OR CUSTODY OF THEIR PARENTS BY
 AN OFFICIAL, AGENT OR AGENCY OF THE FEDERAL GOVERNMENT WHILE ENTERING OR
 ATTEMPTING TO ENTER THE UNITED STATES OR AFTER HAVING ENTERED THE UNITED
 STATES AT THE TIME OF THE REPORT AND SINCE THE LAST REPORT;
   F. THE NUMBER OF UNACCOMPANIED ALIEN CHILDREN PREVIOUSLY REMOVED  FROM
 THE  CUSTODY OF THEIR PARENTS AND PLACED IN THE AUTHORIZED AGENCY'S CARE
 THAT HAVE BEEN RESTORED TO THE CUSTODY OF THEIR PARENTS AT THE  TIME  OF
 THE REPORT AND SINCE THE LAST REPORT;
   G.  THE  NUMBER  OF UNACCOMPANIED ALIEN CHILDREN PLACED BY THE FEDERAL
 GOVERNMENT THAT WERE DISCHARGED TO A SPONSOR IN THE STATE AT THE TIME OF
 THE REPORT AND SINCE THE LAST REPORT;
   H. THE COUNTRIES OF ORIGIN FOR THE UNACCOMPANIED ALIEN CHILDREN PLACED
 IN THE CARE OF AN AUTHORIZED AGENCY; AND
   I. THE NUMBER OF UNACCOMPANIED ALIEN CHILDREN PLACED  INTO  PARTICULAR
 TYPES  OF  CARE, INCLUDING, BUT NOT LIMITED TO, FAMILY FOSTER CARE HOMES
 AND CONGREGATE CARE RESIDENTIAL PROGRAMS.
   2. THE COMMISSIONER SHALL COMPILE SUCH INFORMATION REQUIRED BY  SUBDI-
 VISION  ONE  OF  THIS  SECTION  UTILIZING  THE  DEPARTMENT'S  BUREAU  OF
 RESEARCH, EVALUATION AND PERFORMANCE ANALYTICS.
   3. SUCH INFORMATION SHALL BE REPORTED  SEMI-ANNUALLY  ON  A  STATEWIDE
 AGGREGATED  BASIS  AND  SHALL  BE PUBLISHED ON THE DEPARTMENT'S WEBSITE.
 HOWEVER, SUCH INFORMATION SHALL BE PROVIDED NO LATER  THAN  THIRTY  DAYS
 UPON  REQUEST  BY  THE  GOVERNOR, TEMPORARY PRESIDENT AND SPEAKER OF THE
 ASSEMBLY, IN THE EVENT OF AN EMERGENCY.
   4. REPORTS TO THE GOVERNOR AND LEGISLATURE SHALL NOT REVEAL  IDENTIFY-
 ING  INFORMATION ABOUT SPECIFIC CHILDREN, CASES, INDIVIDUALS, OR AUTHOR-
 IZED AGENCIES.  THE COMMISSIONER SHALL ENSURE  THAT  ALL  REPORTING  AND
 DATA  COLLECTION REQUIREMENTS COMPLY WITH FEDERAL LAWS, REGULATIONS, AND
 POLICIES.
   5. FOR PURPOSES OF THIS SECTION, THE TERM "ALIEN" IS  DEFINED  AS  ANY
 PERSON  NOT A CITIZEN OR NATIONAL OF THE UNITED STATES, THE TERM "CHILD"
 SHALL HAVE THE SAME MEANING AS DEFINED IN SECTION THREE  HUNDRED  SEVEN-
 TY-ONE  OF  THIS  TITLE,  AND THE TERM "UNACCOMPANIED" WITH REGARD TO AN
 ALIEN CHILD IS DEFINED CONSISTENT WITH FEDERAL  LAW  AND  SHALL  INCLUDE
 CHILDREN  WHO WERE ACCOMPANIED WHEN THEY CROSSED THE BORDER AND CHILDREN
 WHO WERE NOT ACCOMPANIED WHEN THEY CROSSED THE BORDER BUT WERE  RENDERED
 UNACCOMPANIED  BY  REMOVAL  FROM  THE CARE OR CUSTODY OF THEIR PARENT OR
 GUARDIAN.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1436--C
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 15, 2019
                                ___________
 
 Introduced  by  M.  of  A.  EPSTEIN,  L. ROSENTHAL, DE LA ROSA, SIMOTAS,
   TAYLOR, GOTTFRIED, ENGLEBRIGHT, ARROYO, AUBRY, DICKENS, WEPRIN,  CRUZ,
   MOSLEY,  CRESPO, D'URSO, ORTIZ, ABBATE, HYNDMAN, BLAKE, RIVERA, ROZIC,
   STERN, COOK, KIM, CYMBROWITZ, D. ROSENTHAL,  FALL,  SEAWRIGHT,  REYES,
   RODRIGUEZ,   GLICK,  FRONTUS,  QUART,  JEAN-PIERRE,  GRIFFIN,  HUNTER,
   FERNANDEZ, RAMOS, RICHARDSON, OTIS, LIFTON, DINOWITZ, CARROLL, ABINAN-
   TI, BARRON, O'DONNELL, SIMON, FAHY, WRIGHT, STECK, VANEL,  M. G. MILL-
   ER,  NIOU,  SAYEGH,  MAGNARELLI,  PICHARDO, DARLING, WALKER, WILLIAMS,
   PERRY, BUCHWALD, PAULIN -- Multi-Sponsored by -- M. of  A.  DenDEKKER,
   LENTOL,  NOLAN  -- read once and referred to the Committee on Children
   and Families -- committee discharged, bill amended, ordered  reprinted
   as  amended  and  recommitted to said committee -- again reported from
   said committee with  amendments,  ordered  reprinted  as  amended  and
   recommitted to said committee -- recommitted to the Committee on Chil-
   dren  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 social services law, in relation to reporting of
   youth placed in foster care settings and recruitment of foster parents
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 17 of the social services law is amended by adding
 a new subdivision (l) to read as follows:
   (L) SUBMIT A REPORT TO THE GOVERNOR, THE SPEAKER OF THE  ASSEMBLY  AND
 THE  TEMPORARY  PRESIDENT OF THE SENATE BEGINNING DECEMBER THIRTY-FIRST,
 TWO THOUSAND TWENTY, AND QUARTERLY THEREAFTER, REGARDING YOUTH PLACED IN
 FOSTER CARE SETTINGS AND THE RECRUITMENT OF FOSTER PARENTS. SUCH  REPORT
 SHALL  BE  MADE PUBLICLY AVAILABLE ONLINE AND SHALL PROVIDE INFORMATION,
 AS REQUIRED PURSUANT TO THIS SUBDIVISION,  AGGREGATED  BY  LOCAL  SOCIAL
 SERVICES  DISTRICTS  AND  FOSTER CARE SETTINGS. FOR THE PURPOSES OF THIS
 SUBDIVISION, FOSTER CARE SETTINGS SHALL INCLUDE, BUT NOT BE LIMITED  TO,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01765-12-0

 A. 1436--C                          2
 
 FOSTER BOARDING HOMES, APPROVED RELATIVE HOMES, GROUP HOMES, GROUP RESI-
 DENCES,  AGENCY  OPERATED  BOARDING HOMES, SUPERVISED INDEPENDENT LIVING
 ARRANGEMENTS, THERAPEUTIC FOSTER CARE AND CHILD CARE  INSTITUTIONS.  THE
 REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING INFORMATION:
   (I)  THE  TOTAL NUMBER OF YOUTH PLACED IN A FOSTER CARE SETTING AT THE
 TIME OF THE REPORT, AS WELL AS A COMPARISON TO THE TOTAL NUMBER OF YOUTH
 IN CARE SINCE THE PREVIOUS REPORT WAS SUBMITTED;
   (II) THE REASONS WHY SUCH YOUTH HAVE BEEN  PLACED  IN  A  FOSTER  CARE
 SETTING,  WITH THE TOTAL NUMBER OF YOUTH PER CATEGORY AT THE TIME OF THE
 REPORT. SUCH REASONS SHALL INCLUDE, BUT NOT  BE  LIMITED  TO,  VOLUNTARY
 PLACEMENT  PURSUANT TO SECTION THREE HUNDRED FIFTY-EIGHT-A OF THIS CHAP-
 TER, A TERMINATION OF PARENTAL RIGHTS PURSUANT TO SECTION THREE  HUNDRED
 EIGHTY-FOUR-B  OF  THIS CHAPTER, PLACEMENTS PURSUANT TO ARTICLES TEN AND
 TEN-C OF THE FAMILY COURT ACT, OR PURSUANT TO A CONTRACT, GRANT OR OTHER
 AGREEMENT WITH THE FEDERAL GOVERNMENT;
   (III) TO THE EXTENT SUCH INFORMATION IS AVAILABLE, THE TOTAL NUMBER OF
 YOUTH PLACED IN A FOSTER CARE SETTING AT THE TIME OF THE REPORT THAT ARE
 IN NEED OF OR RECEIVING SPECIALIZED SERVICES, EITHER  DUE  TO  A  MENTAL
 HEALTH  ILLNESS OR ANOTHER DISORDER THAT MAY REQUIRE ADDITIONAL SUPPORTS
 AND SERVICES, INCLUDING SPECIALIZED EDUCATIONAL SERVICES;
   (IV) TO THE EXTENT SUCH INFORMATION IS AVAILABLE, HOW  MANY  YOUTH  AT
 THE  TIME  OF  THE  REPORT  HAVE BEEN PREVIOUSLY PLACED IN A FOSTER CARE
 SETTING IN THE STATE;
   (V) THE TOTAL NUMBER OF FOSTER FAMILIES THAT ARE  CURRENTLY  CERTIFIED
 IN  THE  STATE  AT  THE  TIME  OF THE REPORT AND WHETHER THAT NUMBER HAS
 INCREASED OR DECREASED SINCE THE PREVIOUS REPORT WAS SUBMITTED;
   (VI) HOW  MANY  CHILDREN  AND/OR  FAMILIES  HAVE  RECEIVED  PREVENTIVE
 SERVICES THROUGH A LOCAL SOCIAL SERVICES DISTRICT, AND OF THOSE CHILDREN
 AND/OR  FAMILIES,  HOW  MANY  YOUTH WERE SUCCESSFULLY KEPT OUT OF FOSTER
 CARE DUE TO SUCH SERVICES WITHIN THE LAST CALENDAR YEAR FOR THE  INITIAL
 REPORT,  AND THEN SINCE THE PREVIOUS REPORT WAS SUBMITTED FOR ALL SUBSE-
 QUENT REPORTS;
   (VII) THE TOTAL NUMBER OF PLACEMENT OPTIONS THAT HAVE  BEEN  CERTIFIED
 AS  A  QUALIFIED  RESIDENTIAL TREATMENT PROGRAM, AS DEFINED BY 42 USCS §
 672; AND
   (VIII) THE EFFORTS THE STATE HAS TAKEN TO RECRUIT  AND  RETAIN  FOSTER
 PARENTS IN THE STATE.
   § 2. This act shall take effect immediately.