S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8090
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 11, 2021
                                ___________
 
 Introduced by M. of A. HEVESI -- read once and referred to the Committee
   on Children and Families
 
 AN  ACT  to  amend  the social services law, in relation to establishing
   alternative living arrangements for children who are at a  substantial
   risk of abuse
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 412 of the social services law is amended by adding
 a new subdivision 10 to read as follows:
   10. AN "ALTERNATIVE LIVING ARRANGEMENT" MEANS A TEMPORARY, WRITTEN AND
 AGREED UPON OUT OF HOME LIVING ARRANGEMENT DEVELOPED AS A RESULT  OF  AN
 INVESTIGATION OF CHILD MALTREATMENT BY THE CHILD PROTECTIVE SERVICE THAT
 WOULD ALLOW FOR A RELATIVE OR SUITABLE PERSON AS DEFINED IN SUBDIVISIONS
 (M)  AND  (N)  OF SECTION ONE THOUSAND TWELVE OF THE FAMILY COURT ACT OR
 PARAGRAPH (A), (B) OR (C) OF SUBDIVISION THREE OF SECTION  FOUR  HUNDRED
 FIFTY-EIGHT-A  OF  THIS ARTICLE, WHO IS IDENTIFIED BY ANY PARENT, PERSON
 LEGALLY RESPONSIBLE OR CHILD OVER THE AGE OF FIVE, TO  TEMPORARILY  CARE
 FOR  A  CHILD  WHO IS AT A SUBSTANTIAL RISK OF ABUSE AS DEFINED IN PARA-
 GRAPH (I), (II) OR (III) OF SUBDIVISION  (E)  OF  SECTION  ONE  THOUSAND
 TWELVE  OF  THE  FAMILY  COURT  ACT  OR IN IMMINENT DANGER OF NEGLECT AS
 DEFINED IN PARAGRAPH (I) OF SUBDIVISION  (F)  OF  SECTION  ONE  THOUSAND
 TWELVE OF SUCH ACT.
   § 2. Subdivision 2 of section 424 of the social services law, as added
 by chapter 1039 of the laws of 1973, is amended to read as follows:
   2.  maintain  and keep up-to-date a local child abuse and maltreatment
 register of all cases reported under this title together with any  addi-
 tional information obtained and a record of the final disposition of the
 report,  including  services  offered  and  accepted AND ANY ALTERNATIVE
 LIVING ARRANGEMENT MADE FOR THE CARE OF ANY CHILD IN THE HOME OF A RELA-
 TIVE OR SUITABLE PERSON;
   § 3. The social services law is amended by adding a new section  424-c
 to read as follows:
   §  424-C.  ALTERNATIVE  LIVING  ARRANGEMENTS. 1. AN ALTERNATIVE LIVING
 ARRANGEMENT MAY BE  FACILITATED  BY  THE  CHILD  PROTECTIVE  SERVICE  TO
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11597-01-1

 A. 8090                             2
 
 ARRANGE  FOR THE CHILD TO TEMPORARILY RESIDE WITH A RELATIVE OR SUITABLE
 PERSON WITHOUT A JUDICIAL REMOVAL FOR A LIMITED AMOUNT OF  TIME  AND  IS
 AVAILABLE ONLY IN CIRCUMSTANCES WHERE GROUNDS EXIST FOR REMOVAL PURSUANT
 TO  ARTICLE  TEN  OF  THE  FAMILY  COURT  ACT. PRIOR TO OFFERING SUCH AN
 ARRANGEMENT TO A  FAMILY,  THE  CHILD  PROTECTIVE  SERVICE  WORKER  MUST
 EXPLAIN  THAT  THE  CHILD  PROTECTIVE  SERVICE HAS NO LEGAL AUTHORITY TO
 COMPEL SUCH FAMILY TO AGREE TO THE ARRANGEMENT BUT MAY INFORM THE FAMILY
 OF THE OBLIGATIONS AND AUTHORITY OF  THE  CHILD  PROTECTIVE  SERVICE  TO
 PETITION THE FAMILY COURT FOR A DETERMINATION THAT A CHILD IS IN NEED OF
 CARE  AND  PROTECTION.  THIS  OUT  OF HOME ARRANGEMENT SHALL NOT BE USED
 WITHOUT WRITTEN DOCUMENTATION OF THE CIRCUMSTANCES THAT WARRANT REMOVAL.
   2. (A) AN ALTERNATIVE LIVING ARRANGEMENT AGREEMENT SHALL BE  IN  WRIT-
 ING,  SIGNED  BY THE AUTHORIZED CHILD PROTECTIVE SERVICES WORKER, PARENT
 OR PERSON LEGALLY RESPONSIBLE, AND THE RELATIVE OR SUITABLE  PERSON  AND
 SHALL INCLUDE:
   (I)  A SPECIFIC ACTION OR ACTIONS AGREED UPON FOR THE PARENT OR PERSON
 LEGALLY RESPONSIBLE TO MITIGATE  THE  IDENTIFIED  GROUNDS  THAT  WARRANT
 REMOVAL;
   (II) NAMES, ADDRESSES, AND CONTACT INFORMATION OF THE AUTHORIZED CHILD
 PROTECTIVE  SERVICES  WORKER  AND  THEIR IMMEDIATE SUPERVISOR, PARENT OR
 PERSON LEGALLY RESPONSIBLE, AND  THE  RELATIVE  OR  SUITABLE  PERSON  OR
 PERSONS;
   (III) LENGTH OF THE ALTERNATIVE LIVING ARRANGEMENT; AND
   (IV) PLAN FOR RE-ASSESSMENT FOR REUNIFICATION OR JUDICIAL REMOVAL.
   (B)  THE  SIGNATURE  OF  THE PARENT OR PERSON LEGALLY RESPONSIBLE ONLY
 SIGNIFIES AGREEMENT TO THE TEMPORARY ALTERNATIVE LIVING ARRANGEMENT  AND
 SHALL NOT BE CONSIDERED AN ADMISSION OF THE ACCURACY OF THE SAFETY EVAL-
 UATION  AND  DETERMINATION OF RISK PURSUANT TO PARAGRAPH (A) OF SUBDIVI-
 SION SIX OF SECTION FOUR HUNDRED TWENTY-FOUR OF THIS TITLE BY THE PARENT
 OR PERSON LEGALLY RESPONSIBLE. IT SHALL NOT BE ADMISSIBLE IN A COURT  OF
 LAW AS PROOF OF THE ALLEGATIONS IN A NEGLECT OR ABUSE FILING.
   3.  AN  ALTERNATIVE  LIVING ARRANGEMENT SHALL LAST NO LONGER THAN FIVE
 BUSINESS DAYS. ONE ADDITIONAL EXTENSION OF NO MORE  THAN  FIVE  BUSINESS
 DAYS MAY BE REQUESTED BY THE AUTHORIZED CHILD PROTECTIVE SERVICE, PARENT
 OR PERSON LEGALLY RESPONSIBLE, OR RELATIVE OR SUITABLE PERSON. AN EXTEN-
 SION OF AN ALTERNATIVE LIVING ARRANGEMENT AGREEMENT SHALL BE:
   (A) IN WRITING;
   (B)  SIGNED  BY  THE  AUTHORIZED  CHILD  PROTECTIVE SERVICE, PARENT OR
 PERSON LEGALLY RESPONSIBLE, AND THE RELATIVE OR SUITABLE PERSON;
   (C) INCLUDE ALL OF THE PROVISIONS IN SUBDIVISION TWO OF THIS  SECTION;
 AND
   (D) INCLUDE THE REASON FOR SUCH EXTENSION.
   4. PRIOR TO THE EXECUTION OF THE ALTERNATIVE LIVING ARRANGEMENT AGREE-
 MENT,  THE CHILD PROTECTIVE SERVICE SHALL PROVIDE WRITTEN INFORMATION AS
 DESCRIBED IN THIS SECTION TO THE PARENT OR PARENTS OR PERSON OR  PERSONS
 LEGALLY  RESPONSIBLE  AND THE PROSPECTIVE RELATIVE OR SUITABLE PERSON OR
 PERSONS. SUCH INFORMATION SHALL INCLUDE BUT NOT BE LIMITED TO:
   (A) INFORMATION ABOUT SUPPORTIVE SERVICES FOR  THE  PARENTS,  CHILDREN
 AND RELATIVE OR SUITABLE PERSON;
   (B)  INFORMATION  ABOUT  THE OPTIONS FOR CARE AND CUSTODY OF THE CHILD
 PURSUANT TO SECTION THREE HUNDRED NINETY-TWO OF THIS ARTICLE;
   (C) INFORMATION ON HOW TO APPLY FOR PUBLIC ASSISTANCE; AND
   (D) ANY OTHER RELEVANT INFORMATION RELATED TO SUPPORTING THE  ALTERNA-
 TIVE LIVING ARRANGEMENT.
   5.  (A)  THE  OFFICE OF CHILDREN AND FAMILY SERVICES SHALL COLLECT THE
 FOLLOWING DATA REGARDING ALTERNATIVE LIVING ARRANGEMENTS AND COMPILE  AN

 A. 8090                             3

 ANNUAL  REPORT  FOR THE PRECEDING CALENDAR YEAR ON SUCH DATA PROVIDED BY
 EVERY LOCAL SOCIAL SERVICES DISTRICT:
   (I) TOTAL NUMBER OF ALTERNATIVE LIVING ARRANGEMENT AGREEMENTS;
   (II)  TOTAL  NUMBER  OF  EXTENSIONS  TO ALTERNATIVE LIVING ARRANGEMENT
 WRITTEN AGREEMENTS;
   (III) TOTAL NUMBER OF CHILDREN,  PARENTS  AND  RELATIVES  OR  SUITABLE
 PERSONS  WHO  WERE  THE SUBJECT OF ALTERNATIVE LIVING ARRANGEMENT AGREE-
 MENTS;
   (IV) AVERAGE LENGTH OF ALTERNATIVE LIVING ARRANGEMENTS IN EACH COUNTY;
   (V) TOTAL NUMBER OF ALTERNATIVE LIVING ARRANGEMENTS THAT LASTED LONGER
 THAN THE TEN DAYS PERMITTED BY THIS SECTION;
   (VI) TOTAL NUMBER OF CHILDREN WHO  WERE  REUNITED  WITH  PARENTS  UPON
 CESSATION OF AN ALTERNATIVE LIVING ARRANGEMENT AGREEMENT;
   (VII) TOTAL NUMBER OF CHILDREN WHO WERE NOT REUNITED WITH PARENTS UPON
 CESSATION OF AN ALTERNATIVE LIVING ARRANGEMENT AGREEMENT;
   (VIII)  TOTAL  NUMBER OF CHILDREN WHO WERE THE SUBJECT OF A PROCEEDING
 PURSUANT TO ARTICLE TEN OF THE FAMILY COURT ACT UPON  CESSATION  OF  ALL
 ALTERNATIVE LIVING ARRANGEMENT AGREEMENTS;
   (IX)  TOTAL  NUMBER  OF  CHILDREN WHO WERE THE SUBJECT OF A PROCEEDING
 PURSUANT TO ARTICLE TEN OF THE FAMILY COURT ACT UPON  CESSATION  OF  ALL
 ALTERNATIVE  LIVING  ARRANGEMENT AGREEMENTS AND WHO WERE DIRECTLY PLACED
 WITH RELATIVES PURSUANT TO ARTICLE TEN OF THE FAMILY COURT ACT;
   (X) TOTAL NUMBER OF CHILDREN WHO WERE  THE  SUBJECT  OF  A  PROCEEDING
 PURSUANT  TO  ARTICLE  TEN OF THE FAMILY COURT ACT UPON CESSATION OF ALL
 ALTERNATIVE LIVING ARRANGEMENT AGREEMENTS AND WHO WERE PLACED IN  FOSTER
 CARE WITH A RELATIVE OR SUITABLE PERSON;
   (XI)  TOTAL  NUMBER  OF  CHILDREN WHO WERE THE SUBJECT OF A PROCEEDING
 PURSUANT TO ARTICLE TEN OF THE FAMILY COURT ACT UPON  CESSATION  OF  ALL
 ALTERNATIVE  LIVING ARRANGEMENT AGREEMENTS AND WHO WERE PLACED IN FOSTER
 CARE WITH A NON-RELATIVE OR CONGREGATE CARE SETTING;
   (XII) TOTAL NUMBER OF CHILDREN WHO WERE PLACED IN  THE  CUSTODY  OF  A
 RELATIVE  OR SUITABLE PERSON PURSUANT TO ARTICLE SIX OF THE FAMILY COURT
 ACT UPON CESSATION OF ALL ALTERNATIVE LIVING ARRANGEMENT AGREEMENTS;
   (XIII) A DESCRIPTIVE LIST OF PREVENTIVE SERVICES AND THEIR UTILIZATION
 RATES, IF PRACTICABLE, THAT WERE PROVIDED TO PARENTS, CHILDREN AND RELA-
 TIVES OR SUITABLE PERSONS WHO WERE THE SUBJECT OF AN ALTERNATIVE  LIVING
 ARRANGEMENT AGREEMENT IN EACH LOCAL SOCIAL SERVICES DISTRICT; AND
   (XIV)  ANY  OTHER  INFORMATION  THE COMMISSIONER MAY DEEM NECESSARY TO
 INCLUDE.
   (B) THE OFFICE OF CHILDREN  AND  FAMILY  SERVICES  SHALL  SUBMIT  SUCH
 REPORT TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRES-
 IDENT  OF THE SENATE, THE CHAIRPERSON OF THE ASSEMBLY CHILDREN AND FAMI-
 LIES COMMITTEE, AND THE CHAIRPERSON OF THE SENATE CHILDREN AND  FAMILIES
 COMMITTEE, AND THE CHAIRPERSON OF THE ASSEMBLY WAYS AND MEANS COMMITTEE,
 AND  THE  CHAIRPERSON  OF  THE SENATE FINANCE COMMITTEE BY NO LATER THAN
 SEPTEMBER FIRST, TWO THOUSAND TWENTY-THREE AND ANNUALLY THEREAFTER. SUCH
 REPORT SHALL INCLUDE THE DATA AND INFORMATION REQUIRED  UNDER  PARAGRAPH
 (A)  OF  THIS SUBDIVISION FOR THE PRECEDING CALENDAR YEAR, TO THE EXTENT
 SUCH INFORMATION IS AVAILABLE. WHEN PRACTICABLE, SUCH INFORMATION  SHALL
 BE DISAGGREGATED BY AGE, SEX, RACE AND ETHNICITY.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on  its effective date are authorized to be made on or before
 such date.