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--A
 
                        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  --  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
 
 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 THIRTY DAYS:
   (I) THE NUMBER OF UNACCOMPANIED ALIEN CHILDREN NEWLY ACCEPTED INTO THE
 AUTHORIZED AGENCY'S  CARE  WITHIN  THE  PREVIOUS  THIRTY  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  THIRTY  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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01765-03-9

 A. 1436--A                          2
 
   (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
 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.
 IN ORDER TO MINIMIZE THE ADMINISTRATIVE BURDEN OF LAW, THE  COMMISSIONER
 SHALL  PROVIDE  THAT  THESE  REPORTING PROCEDURES SHALL BE CONSISTENT IN
 MANNER AND PROCESS TO THE INFORMATION PROVIDED TO THE FEDERAL OFFICE  OF
 REFUGEE RESETTLEMENT.
   (C) THE COMMISSIONER MAY LEVY A FINE OF NOT LESS THAN FIVE HUNDRED BUT
 NO  MORE  THAN  TEN  THOUSAND  DOLLARS, OR 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 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 thirtieth 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.