NY State Senate Bill 2023-S5897

Senate Bill S5897

Signed By Governor

2023-2024 Legislative Session

Relates to reporting of youth placed in foster care settings and recruitment of foster parents and repeals section two of chapter eleven of the laws of two thousand twenty-one

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Current Bill Status Via A2176 - Signed by Governor

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 22, 2023	approval memo.64 signed chap.739
Dec 12, 2023	delivered to governor
Jun 08, 2023	returned to assembly passed senate 3rd reading cal.1509 substituted for s5897
Jun 08, 2023	substituted by a2176
Jun 01, 2023	ordered to third reading cal.1509 committee discharged and committed to rules
Mar 22, 2023	referred to social services

Votes

- Jun 8, 2023 - Floor Vote
  A2176
  
  61
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 8, 2023
      
      aye (61)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Walczyk
      
      Webb
      
      Weber
      
      Weik
      
      nay (1)
      
      Oberacker
      
      excused (1)
      
      Cooney
  Jun 1, 2023 - Rules Committee Vote
  S5897
  
  19
  
  Aye
  
  1
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 1, 2023
      
      aye (19)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Helming
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      O'Mara
      
      Parker
      
      Sepúlveda
      
      Stec
      
      Stewart-Cousins
      
      Thomas
      
      nay (1)
      
      Ortt
      
      aye wr (1)
      
      Griffo

co-Sponsors

2023-S5897 (ACTIVE) - Details

See Assembly Version of this Bill:: A2176
Law Section:: Social Services Law
Laws Affected:: Rpld §2, Chap 11 of 2021; amd §17, Soc Serv L
Versions Introduced in 2021-2022 Legislative Session:: S8833, A9800

2023-S5897 (ACTIVE) - Summary

Relates to reporting of youth placed in foster care settings and recruitment of foster parents; requires information including the total number of youth placed in foster care, the reasons why such youth were placed and the efforts the state has taken to recruit and retain foster parents; repeals provisions relating to directing the office of children and family services to make information publicly available on the number of youth placed in foster care settings and recruitment of foster parents and the effectiveness thereof.

2023-S5897 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5897

SPONSOR: BRISPORT
 
TITLE OF BILL:

An act to amend the social services law, in relation to reporting of
youth placed in foster care settings and recruitment of foster parents;
and to repeal section 2 of chapter 11 of the laws of 2021, relating to
directing the office of children and family services to make information
publicly available on the number of youth placed in foster care settings
and recruitment of foster parents and the effectiveness thereof

 
SUMMARY OF PROVISIONS:

Section one repeals section two of chapter 11 of the laws of 2021.

Section two amends section seventeen of the social services law by
adding a new subdivision to require a biannual report containing infor-
mation on (i) the total number of youth placed in foster care settings
in comparison to the number in the previous report, and whether such
youth have been previously placed in foster care settings in the state;
(ii) the reason why the youth were placed in such foster care settings;
(iii) what, if any, specialized services youth placed in foster care

settings require to address mental health and other health and educa-
tional needs; and (iv) the total number of foster families certified in
the state at the time of the report, what efforts the state has taken to
increase the number of foster families, and the total number of place-
ment options certified as a qualified residential treatment program.

Section three provides the effective date

 
JUSTIFICATION:

A large but indeterminate number of immigrant children have been sepa-
rated from their parents by the federal office of Immigration and
Customs Enforcement (ICE) and then sent off to all points by the Office
of Refugee Resettlement. Many of these children are in the custody of
nonprofit children's protective and orphanage placement agencies in New
York State. Despite a federal court order to return the alien children
to their parents, there was no public or transparent record of the
number of such children separated from their parents, their status, or
what special mental health or educational needs they may have until late
2021 when the OCFS released its first report compelled by chapter 11 of
the laws of 2021.

This bill would make the frequency of type of report issued by OCFS at
the end of 2021 biannual to addresses the lack of information we have
about these children and provide better transparency about the whole of
the state's foster care system to ensure that the legislature and the
public have adequate information to ensure the best outcomes for chil-
dren in foster care.

 
PRIOR LEGISLATIVE HISTORY:

2021-22: S8833

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.
 
EFFECTIVE DATE:
This law shall become effective immediately.

2023-S5897 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5897
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 22, 2023
                                ___________
 
 Introduced  by Sen. BRISPORT -- read twice and ordered printed, and when
   printed to be committed to the Committee on Social Services
 
 AN ACT to amend the social services law, in  relation  to  reporting  of
   youth  placed  in  foster  care  settings  and  recruitment  of foster
   parents; and to repeal section 2 of chapter 11 of the  laws  of  2021,
   relating  to  directing  the office of children and family services to
   make information publicly available on the number of youth  placed  in
   foster  care settings and recruitment of foster parents and the effec-
   tiveness thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  2 of chapter 11 of the laws of 2021, relating to
 directing the office of children and family services to make information
 publicly available on the number of youth placed in foster care settings
 and recruitment of foster parents  and  the  effectiveness  thereof,  is
 REPEALED.
   §  2. 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,  THE
 TEMPORARY  PRESIDENT  OF THE SENATE, THE MINORITY LEADER OF THE ASSEMBLY
 AND THE MINORITY LEADER OF THE SENATE BEGINNING  DECEMBER  THIRTY-FIRST,
 TWO  THOUSAND  TWENTY-FOUR,  AND  BIANNUALLY 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  RESIDENCES,  AGENCY  OPERATED  BOARDING HOMES, SUPERVISED
 INDEPENDENT LIVING ARRANGEMENTS, THERAPEUTIC FOSTER CARE AND CHILD  CARE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03463-01-3
 S. 5897                             2

 
 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.
   § 3. This act shall take effect immediately.

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Senate Bill S5897

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