S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2798
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2023
                                ___________
 
 Introduced  by  M. of A. HEVESI, CRUZ, SIMON, GUNTHER, OTIS -- read once
   and referred to the Committee on Children and Families
 
 AN ACT in relation to a study of the number of children in  foster  care
   who have a developmental disability
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The commissioner of  the  office  of  children  and  family
 services, in consultation with the commissioner of the office for people
 with  developmental disabilities, shall conduct a study to determine the
 number of children who have been placed in foster care and who have been
 diagnosed with a developmental disability. Such study shall include, but
 shall not be limited to, the following:
   (a) assessing the demographics of the children in foster care  with  a
 developmental disability, including, but not limited to, their county of
 residence,  age,  race  and gender identity, and determining whether the
 placement of such individuals in foster  care  was  voluntary  or  court
 ordered;
   (b)  evaluating the current guidelines and regulations used to oversee
 the placement and treatment of children with a developmental disability;
 and
   (c) analyzing the extent to which such  age-appropriate  children  are
 prepared  for  a  transition  from  foster care to an independent living
 situation.
   § 2. For purposes of this section,  "developmental  disability"  shall
 have  the same meaning as set forth in subdivision 22 of section 1.03 of
 the mental hygiene law.
   § 3. The commissioner of the office of children  and  family  services
 and  the  commissioner of the office for people with developmental disa-
 bilities may acquire directly from the head of any  department,  agency,
 or  instrumentality of the state, available non-identifiable information
 which the offices consider useful in the discharge of their duties.  All
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05107-01-3
              

 A. 2798                             2
 
 departments,  agencies, and instrumentalities of the state shall cooper-
 ate with the offices with respect to such information and shall  furnish
 all information requested by the offices to the extent permitted by law.
 Information  collected shall not reveal the name, social security number
 or any other information which may be used to identify the  children  or
 the family of the children.
   §  4.  The  commissioner of the office of children and family services
 and the commissioner of the office for people with  developmental  disa-
 bilities  shall  submit  a report of the findings of the study, with any
 personal and identifying information  redacted,  conducted  pursuant  to
 section one of this act, to the governor, the temporary president of the
 senate,  the  speaker  of  the  assembly and the minority leaders of the
 senate and assembly no later than one year following the effective  date
 of  this  act.  The  report shall also include recommendations on how to
 consistently maintain a record of the number of children who  have  been
 placed in foster care who have been diagnosed with a developmental disa-
 bility,  recommendations to improve the placement and treatment of chil-
 dren in foster care and  recommendations  to  further  develop  existing
 guidelines  and regulations to prepare age-appropriate children who have
 a developmental disability for a transition  to  an  independent  living
 situation.
   § 5. This act shall take effect immediately.