S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8661--A
 
                             I N  S E N A T E
 
                             February 27, 2024
                                ___________
 
 Introduced  by  Sens. HOYLMAN-SIGAL, BRISPORT, ROLISON -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Children  and  Families  -- reported favorably from said committee and
   committed to the Committee on Finance --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee

 AN ACT to amend the social services law, in relation to  the  establish-
   ment of a statewide supervised visitation initiative
 
   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
 398-f to read as follows:
   § 398-F. SUPERVISED VISITATION.  1. THE LEGISLATURE FINDS AND DECLARES
 THAT  PROFESSIONALLY  SUPERVISED VISITATION PROGRAMS ARE OFTEN NECESSARY
 IN ORDER TO KEEP FAMILIES SAFE, TO FOSTER HEALTHY  FAMILY  RELATIONSHIPS
 AND  TO  FURTHER THE BEST INTERESTS OF CHILDREN IN FAMILY OFFENSE, CHILD
 PROTECTIVE, AND CUSTODY AND VISITATION PROCEEDINGS IN SUPREME AND FAMILY
 COURTS. RECOGNIZING THAT A LARGE NUMBER OF COUNTIES HAVE  NO  SUPERVISED
 VISITATION  PROGRAMS  AT  ALL AND, OF THOSE THAT HAVE SUCH PROGRAMS, THE
 NEED FAR EXCEEDS THE AVAILABILITY OF THE PROGRAMS, IT IS THE  INTENT  OF
 THIS  SECTION TO PROVIDE STATE SUPPORT FOR THE ESTABLISHMENT OF AT LEAST
 ONE PROGRAM IN EVERY COUNTY THAT DOES NOT HAVE ONE AND, FOR THOSE  COUN-
 TIES  AND  CITIES  THAT HAVE PROGRAMS, TO EXPAND THEIR REACH TO MEET THE
 NEED. SUCH PROGRAMS MAY BE ESSENTIAL IN CASES INVOLVING FAMILY VIOLENCE,
 AS WELL AS IN CASES IN WHICH SUPERVISION IS VITAL TO  MEET  THE  SPECIAL
 NEEDS OF THE PARENT AND/OR CHILD.
   2.  WITHIN GRANT FUNDS APPROPRIATED BY THE STATE FOR THIS PURPOSE, THE
 OFFICE OF CHILDREN AND FAMILY SERVICES, IN CONSULTATION WITH THE  OFFICE
 FOR  THE  PREVENTION  OF  DOMESTIC VIOLENCE, SHALL ESTABLISH A STATEWIDE
 SUPERVISED VISITATION INITIATIVE THAT SHALL INCLUDE CULTURALLY SENSITIVE
 SERVICES THAT PROVIDE LANGUAGE ACCESS FOR THOSE WHO NEED IT AND THAT ARE
 AFFORDABLE FOR THOSE WITH LIMITED MEANS TO PAY. THE OFFICE  OF  CHILDREN
 AND  FAMILY  SERVICES  SHALL  REQUIRE  EACH  COUNTY AND NEW YORK CITY TO
 SUBMIT ANNUAL ASSESSMENTS OF THE LOCAL NEEDS FOR  SUPERVISED  VISITATION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14556-02-4
 S. 8661--A                          2

 SERVICES,  AS  WELL  AS  PLANS  FOR  MEETING  THE ASSESSED NEEDS AND FOR
 COLLECTING DATA REGARDING USAGE AND EFFECTIVENESS OF THE  PROGRAMS.  THE
 SUBMISSIONS  SHALL  SPECIFY  THE  SERVICES TO BE PROVIDED, THE ESTIMATED
 NUMBER  OF CHILDREN AND FAMILIES TO BE SERVED BY THE PROGRAMS, THE ESTI-
 MATED NUMBER OF FEE WAIVERS AND THE ESTIMATED COST OF THE PROGRAMS.  THE
 SUBMISSIONS MAY INCLUDE PLANS TO CONTRACT WITH PRIVATE NON-PROFIT ORGAN-
 IZATIONS FOR SERVICES AND MAY INCLUDE MULTI-COUNTY PROGRAMS IF GEOGRAPH-
 ICALLY ACCESSIBLE FOR FAMILIES UTILIZING THE PROGRAMS. THE PLAN FOR SUCH
 PROGRAMS  SHALL  BE INCLUDED IN THE DISTRICT-WIDE CHILD WELFARE SERVICES
 PLAN PURSUANT TO SECTION FOUR HUNDRED NINE-D OF THIS ARTICLE.
   3. SUCH PROGRAMS SHALL BE MADE AVAILABLE TO COMPLY  WITH  SUPREME  AND
 FAMILY  COURT TEMPORARY ORDERS REQUIRING SUCH SUPERVISION AS A CONDITION
 OF ACCESS TO CHILDREN AND SHALL INCLUDE PROVISIONS FOR  WAIVER  OF  FEES
 FOR  USERS  OF SUCH PROGRAMS WHO CANNOT AFFORD TO PAY. WHERE DIRECTED BY
 THE COURT, THE PROGRAMS SHALL PROVIDE REPORTS TO THE COURT AT THE END OF
 THE VISITATION PERIOD AND AS THE COURT OTHERWISE DIRECTS.
   4. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL  PROMULGATE  REGU-
 LATIONS NECESSARY TO IMPLEMENT THIS SECTION AND SHALL SUBMIT A REPORT TO
 THE  LEGISLATURE  AND GOVERNOR ONE YEAR AFTER THE EFFECTIVE DATE OF THIS
 SECTION AND ANNUALLY THEREAFTER. THE REPORT SHALL PROVIDE DATA REGARDING
 THE PROGRAMS IN EACH COUNTY, SHALL EVALUATE  THE  EFFECTIVENESS  OF  THE
 STATEWIDE  INITIATIVE IN MEETING LOCAL NEEDS AND SHALL INCLUDE RECOMMEN-
 DATIONS FOR ENHANCING THE INITIATIVE.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.