S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    222
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by Sens. BENJAMIN, BAILEY, CARLUCCI, COMRIE, GIANARIS, HOYL-
   MAN, KAMINSKY, KAVANAGH, KENNEDY,  KRUEGER,  MAYER,  PARKER,  PERSAUD,
   RIVERA,  SAVINO, SEPULVEDA, SERRANO -- read twice and ordered printed,
   and when printed to be committed to  the  Committee  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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD01765-01-9

 S. 222                              2
 
   (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.
   (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
 ________________________________________________________________________
 
                                  222--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by Sens. BENJAMIN, ADDABBO, BAILEY, BIAGGI, BRESLIN, BROOKS,
   CARLUCCI, COMRIE, GAUGHRAN, GIANARIS,  GOUNARDES,  HARCKHAM,  HOYLMAN,
   JACKSON,  KAMINSKY,  KAPLAN,  KAVANAGH,  KENNEDY,  KRUEGER,  LIU, MAY,
   MAYER, METZGER, MONTGOMERY, MYRIE,  PARKER,  PERSAUD,  RAMOS,  RIVERA,
   SALAZAR,  SANDERS,  SAVINO,  SEPULVEDA,  SERRANO,  SKOUFIS,  STAVISKY,
   THOMAS -- read twice and ordered  printed,  and  when  printed  to  be
   committed  to  the  Committee  on  Children  and Families -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee  --  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 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:
   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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01765-08-9

 S. 222--B                           2
 
   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
 ________________________________________________________________________
 
                                  222--C
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by Sens. BENJAMIN, ADDABBO, BAILEY, BIAGGI, BRESLIN, BROOKS,
   CARLUCCI, COMRIE, GAUGHRAN, GIANARIS,  GOUNARDES,  HARCKHAM,  HOYLMAN,
   JACKSON,  KAMINSKY,  KAPLAN,  KAVANAGH,  KENNEDY,  KRUEGER,  LIU, MAY,
   MAYER, METZGER, MONTGOMERY, MYRIE,  PARKER,  PERSAUD,  RAMOS,  RIVERA,
   SALAZAR,  SANDERS,  SAVINO,  SEPULVEDA,  SERRANO,  SKOUFIS,  STAVISKY,
   THOMAS -- read twice and ordered  printed,  and  when  printed  to  be
   committed  to  the  Committee  on  Children  and Families -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee  --  committee  discharged,  bill  amended,  ordered
   reprinted  as amended and recommitted to said committee -- recommitted
   to the Committee on Children and Families in  accordance  with  Senate
   Rule 6, sec. 8 -- reported favorably from said committee and committed
   to  the  Committee  on  Finance -- 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,
 FOSTER BOARDING HOMES, APPROVED RELATIVE HOMES, GROUP HOMES, GROUP RESI-
 DENCES, AGENCY OPERATED BOARDING HOMES,  SUPERVISED  INDEPENDENT  LIVING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD01765-13-0

 S. 222--C                           2
 
 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.