NY State Senate Bill 2019-S6125

Archive: Last Bill Status - In Senate Committee Children And Families Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to children and families
May 16, 2019	referred to children and families

2019-S6125 (ACTIVE) - Details

Current Committee:: Senate Children And Families
Law Section:: Social Services Law
Laws Affected:: Add §383-d, Soc Serv L; add §3620-a, Pub Health L

2019-S6125 (ACTIVE) - Summary

Relates to medical evaluations of children placed in foster care and providing any services deemed medically necessary for the child.

2019-S6125 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6125

SPONSOR: MONTGOMERY
 
TITLE OF BILL:

An act to amend the social services law and the public health law, in
relation to the medical evaluation of children placed in foster care

 
PURPOSE:

This bill will provide continuity to the medical services provided to
children in foster care and prevent the premature discharge of necessary
services.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new section 383-d to the social services law, by
requiring foster care workers to assist foster parents in setting up
medical services for the child in their care.

Section 2 adds a new section 3620-a to the public health law, by requir-

ing home care agencies to report the outcomes of their assessments with
all parties, as well as providing a monthly assessment on the foster
child's status. This section also requires that prior to discharging any
medical services, the home care agency shall inform the treating physi-
cian, the foster care worker and the foster parent of the reason for
such change in service.

Section 3 provides an immediate effective date.

 
EXISTING LAW:

None.

 
JUSTIFICATION:

On Tuesday July 8, 2003, little 8-year-old Stephanie Ramos, a foster
child with multiple handicaps died. Her body was then placed in a
garbage bag and dumped onto the curb by her panicked foster mother.
Although it appears Stephanie died of natural causes, the lack of proper
medical care surely exacerbated her condition. Up until November of
2002, Stephanie had a visiting nurse who saw her regularly and helped
care for her, but for some unexplained reason, the foster mother
discharged the nurses' services. The Administration for Children's
Services commented that the visiting nurse was a free optional service
that the foster mother felt was no longer necessary.  However, the Asso-
ciation to Benefit Children (the contract agency handling Stephanie's
case) stated they were unaware that there were no services in the home.

Foster parents, especially those caring for special needs children,
often get overwhelmed without proper assistance. Furthermore, foster
parents who care for special needs children receive only 5 hours of
training to prepare for handling things like feeding tubes and medica-
tions. Regardless of what a foster parent feels is necessary, the deci-
sions on a foster child's medical care (who is still deemed to be a ward
of, and the responsibility of, the State) should be left with the
medical professionals trained to make such determinations. It is also of
paramount importance that there is communication between the child's

physician, home care nurse, and foster care worker, so proper care can
be facilitated.

 
LEGISLATIVE HISTORY:

2003/04: S.5734/A.10912 - Died in committee

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately

2019-S6125 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6125
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2019
                                ___________
 
 Introduced  by  Sen.  MONTGOMERY  -- 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 and the public  health  law,  in
   relation to the medical evaluation of children placed in foster care

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The social services law is amended by adding a new  section
 383-d to read as follows:
   §  383-D.  HOME CARE EVALUATIONS FOR FOSTER CARE CHILDREN. 1. UPON THE
 COMPLETION OF A COMPREHENSIVE MEDICAL EXAMINATION OF THE CHILD, OR  UPON
 A  WAIVER OF SUCH EXAMINATION BY THE LOCAL SOCIAL SERVICES DISTRICT, THE
 FOSTER CARE WORKER ASSIGNED TO THE CHILD SHALL ASSIST  THE  FOSTER  CARE
 PARENT  IN  ACQUIRING  ANY  SERVICES  DEEMED MEDICALLY NECESSARY FOR THE
 CHILD.
   2. THE FOSTER PARENT MUST CONTINUE TO ALLOW FOR THE PROVISION OF  SUCH
 SERVICES  FOR  THE  FOSTER  CARE CHILD UNTIL SUCH TIME AS THE AUTHORIZED
 AGENCY, EXAMINING PHYSICIAN, CERTIFIED HOME HEALTH AGENCY,  OR  LICENSED
 HOME  CARE  SERVICES  AGENCY DETERMINES THAT SUCH SERVICES ARE NO LONGER
 NECESSARY.
   § 2. The public health law is amended by adding a new  section  3620-a
 to read as follows:
   § 3620-A. HOME CARE SERVICES TO CHILDREN PLACED IN FOSTER CARE. 1. FOR
 PURPOSES  OF  THIS  SECTION,  THE  TERM  "HOME HEALTH CARE AGENCY" SHALL
 INCLUDE BOTH A CERTIFIED HOME HEALTH AGENCY AND  A  LICENSED  HOME  CARE
 SERVICES AGENCY.
   2.  WHENEVER  A  HOME  HEALTH  CARE AGENCY PERFORMS AN ASSESSMENT OF A
 CHILD TO BE PLACED IN FOSTER CARE, THE AGENCY MUST  PROVIDE  A  COPY  OF
 SUCH  ASSESSMENT  TO THE REFERRING PHYSICIAN, THE AUTHORIZED FOSTER CARE
 AGENCY, AND THE FOSTER PARENT.
   3. WHENEVER A HOME HEALTH CARE AGENCY PROVIDES SERVICES TO A CHILD WHO
 IS IN FOSTER CARE, SUCH AGENCY MUST PROVIDE  A  MONTHLY  REPORT  ON  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11896-01-9

 S. 6125                             2
 
 PROGRESS  AND  DIAGNOSIS  OF THE CHILD. SUCH REPORT SHALL BE PROVIDED TO
 THE REFERRING PHYSICIAN, THE AUTHORIZED  FOSTER  CARE  AGENCY,  AND  THE
 FOSTER PARENT.
   4.  PRIOR  TO  DISCONTINUING ANY SERVICES, THE HOME HEALTH CARE AGENCY
 MUST INFORM THE FOSTER CHILD'S PHYSICIAN, THE FOSTER  CARE  WORKER,  AND
 THE FOSTER PARENT OF SUCH CHANGE AND THE REASON FOR THE CHANGE.
   § 3. This act shall take effect immediately.

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Senate Bill S6125

Sponsored By

Archive: Last Bill Status - In Senate Committee Children And Families Committee

2019-S6125 (ACTIVE) - Details

2019-S6125 (ACTIVE) - Summary

2019-S6125 (ACTIVE) - Sponsor Memo

2019-S6125 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6125

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Sponsored By

Velmanette Montgomery

Archive: Last Bill Status - In Senate Committee Children And Families Committee

2019-S6125 (ACTIVE) - Details

2019-S6125 (ACTIVE) - Summary

2019-S6125 (ACTIVE) - Sponsor Memo

2019-S6125 (ACTIVE) - Bill Text download pdf

Comments