S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8846--A
 
                           I N  A S S E M B L Y
 
                             January 18, 2024
                                ___________
 
 Introduced  by  M.  of  A.  HEVESI, CRUZ, SIMON, GUNTHER, OTIS, DARLING,
   MAHER, LUNSFORD -- Multi-Sponsored by -- M. of A.  MANKTELOW  --  read
   once and referred to the Committee on Children and Families -- commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee
 
 AN ACT to amend the social services law, in relation to requiring  main-
   tained  records  for  certain  children to include whether they have a
   developmental disability; and conducting a  study  on  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.  Subdivision 1 of section 372 of the social  services  law,
 paragraph  (j) as amended by chapter 555 of the laws of 1978, is amended
 to read as follows:
   1. Every court, and every public board,  commission,  institution,  or
 officer  having  powers or charged with duties in relation to abandoned,
 delinquent,  destitute,  neglected  or  dependent  children  who   shall
 receive,  accept  or  commit  any  child shall provide and keep a record
 showing:
   (a) the full and true name of the child[,];
   (b) his OR HER sex and date and place of birth, if  ascertainable,  or
 his OR HER apparent age[,];
   (c) the full and true names and places of birth of his OR HER parents,
 and  their  actual residence if living, or their latest known residence,
 if deceased or whereabouts unknown and the name and actual residence  of
 any  other person having custody of the child, as nearly as the same can
 reasonably be ascertained[,];
   (d) the religious faith of the parents and of the child[,];
   (e) the name and address of any person, agency, institution  or  other
 organization  to  which the child is committed, placed out, boarded out,
 or otherwise given into care, custody or control[,];
   (f) the religious faith and occupation of the head  or  heads  of  the
 family  with  whom  the  child  is  placed  out or boarded out and their
 relationship, if any, to the child[,];
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05107-04-4
 A. 8846--A                          2
 
   (g) if any such child shall die, the date and cause of death and place
 of burial[,];
   (h)  any  further disposition or change in care, custody or control of
 the child[,];
   (i) the date or dates of reception and of any  subsequent  disposition
 or change in care, custody or control and, in case of adoption, the name
 and  title  of  the judge or surrogate making the order of adoption, the
 date of such order and the date and place of filing of such order[,];
   (j) the reasons for any act performed in reference to such child here-
 in required to be recorded, together with such  further  information  as
 the department may require; and shall make to the department upon blanks
 provided  by  the  department  reports of each such child placed out, or
 boarded out, containing the information herein required to be kept;  and
 shall  furnish  such  information  to any authorized agency to which any
 such child shall be committed or otherwise given into custody; AND
   (K) IF ANY SUCH CHILD SHALL HAVE A DEVELOPMENTAL DISABILITY AS DEFINED
 PURSUANT TO SUBDIVISION TWENTY-TWO OF SECTION 1.03 OF THE MENTAL HYGIENE
 LAW, AND, IF SO, THE TYPE OF SUCH DEVELOPMENTAL DISABILITY.
   § 2. 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.
   §  3.  For purposes of this act, "developmental disability" shall have
 the same meaning as set forth in subdivision 22 of section 1.03  of  the
 mental hygiene law.
   §  4.  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
 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.
   § 5. 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
 A. 8846--A                          3
 
 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.
   § 6. This act shall take effect immediately.