NY State Senate Bill 2023-S9949

Senate Bill S9949

2023-2024 Legislative Session

Relates to collecting data regarding alternative living arrangements for children who are at a substantial risk of maltreatment

download bill text pdf

Current Bill Status - In Senate Committee Rules Committee

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 20, 2024	referred to rules

2023-S9949 (ACTIVE) - Details

See Assembly Version of this Bill:: A7323
Current Committee:: Senate Rules
Law Section:: Social Services Law
Laws Affected:: Amd §§412 & 424, add §424-c, Soc Serv L

2023-S9949 (ACTIVE) - Summary

Relates to collecting data regarding alternative living arrangements for children who are at a substantial risk of maltreatment.

2023-S9949 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9949

SPONSOR: BRISPORT
 
TITLE OF BILL:

An act to amend the social services law, in relation to collecting data
regarding alternative living arrangements for children who are at a
substantial risk of maltreatment

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amend section 412 of the social services law by
adding a new subdivision 10 which defines the term "alternative living
arrangements."

Section 2 of the bill amends subdivision 2 of section 424 of the social
services law by requiring child protective agencies to include informa-
tion regarding alternative living arrangement in the registers they
maintain regarding child abuse and maltreatment cases.

Section 3 of the bill amends the social services law by adding a new
section 424-c to require the Office of Children and Family Services
(OCFS) to collect certain data regarding alternative living arrangements

and compile an annual report with respect to each local social services
district.

Section 4 is the effective date.

 
JUSTIFICATION:

When a child welfare agency determines that a child cannot remain safely
in the home of a parent, relatives are looked to first to provide care.
Stable placements with loving relatives and close family friends, also
called "kinship caregivers," with supports and services that attend to
the needs of the child and family are vital to achieving well-being for
children. However, not all children who end up in the homes of "kinship
caregivers" after child protective intervention are supported. Many fall
through the cracks of the child welfare system because they are hidden
from court oversight and/or regulatory structures of the formal child
welfare system. This is often called "Hidden Foster Care," and this
legislation seeks to provide further insight into this practice.

The need for greater oversight over the "Hidden Foster Care" system is
made all the more necessary because of the practices we have observed
from child protective services ("CPS") agencies. In many cases, instead
of filing a petition to family court, CPS may insist the parents trans-
fer physical custody of the child to a relative or family member. To
ensure family compliance, CPS may use the threat of removal through the
court and placement into foster care with strangers. In New York, these
family separations, sometimes called "alternative living arrangements"
are instituted by CPS through a written or oral "safety plan" or "safety
agreement" created by CPS during the course of a safety assessment and
prior to obtaining a court order, and may be enforced through threats of
court action or placement of the child in stranger care. CPS dictates
conditions concerning the care of a child or children and/or the conduct
of the parent, caretaker, or legally responsible person,' including
changing a child's physical residence and or care and control of the
child to someone other than the child's parent, caretaker or legally
responsible person.
Theoretically, CPS would choose to utilize safety plans to avoid pulling
a family deeper into the child welfare system and to give families time
to address safety concerns that may be swiftly ameliorated. However, it
has been argued that the way these practices/plan s are implemented
often disempower parents, diminish a family's constitutional rights,
cause harm and trauma to the child, and damage trust of the agency and
child welfare system by the parents, children, and kin caregivers moving
forward.

An essential first step to considering any potential steps to address
this practice is to learn more about how it operates in New York.  This
bill defines the term "alternative living arrangements" and requires
local CPS agencies to report the number of families separated following
agency involvement, how long the families are separated, whether chil-
dren return home, and the demographics of affected families, among other
data points. OCFS is then required to compile a report to the Governor
and Legislature.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the 90th day after it shall have become a
law.

2023-S9949 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9949
 
                             I N  S E N A T E
 
                             November 20, 2024
                                ___________
 
 Introduced  by Sen. BRISPORT -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the social services law, in relation to collecting  data
   regarding  alternative  living  arrangements for children who are at a
   substantial risk of maltreatment
 
   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 AN AGREED UPON OUT-
 OF-HOME-LIVING ARRANGEMENT FOR A CHILD DEVELOPED AS A RESULT  OF  OR  IN
 THE  CONTEXT OF: (A) AN INVESTIGATION OF CHILD MALTREATMENT BY THE CHILD
 PROTECTIVE SERVICE; (B) A DIFFERENTIAL RESPONSE PROGRAM, INCLUDING,  BUT
 NOT LIMITED TO FAMILY ASSESSMENT RESPONSE  AND COLLABORATIVE ASSESSMENT,
 RESPONSE,  ENGAGEMENT & SUPPORT; (C) A REQUEST FOR RESPITE SERVICES; (D)
 A REQUEST FOR VOLUNTARY FOSTER CARE PLACEMENT; OR (E)  AN  INVESTIGATION
 REGARDING ALLEGATIONS THAT A CHILD MIGHT BE DESTITUTE.
   § 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;
   § 3. The social services law is amended by adding a new section  424-c
 to read as follows:
   §  424-C.  ALTERNATIVE LIVING ARRANGEMENTS. 1.(A)  THE OFFICE OF CHIL-
 DREN AND FAMILY SERVICES SHALL  COLLECT  THE  FOLLOWING  DATA  REGARDING
 ALTERNATIVE  LIVING  ARRANGEMENTS  AND  COMPILE AN ANNUAL REPORT FOR THE
 PRECEDING CALENDAR YEAR ON SUCH DATA WITH RESPECT TO EACH  LOCAL  SOCIAL
 SERVICES DISTRICT:
   (I) TOTAL NUMBER OF ALTERNATIVE LIVING ARRANGEMENT AGREEMENTS MADE;
   (II)  TOTAL  NUMBER  OF  CHILDREN  WHO WERE THE SUBJECT OF ALTERNATIVE
 LIVING ARRANGEMENT AGREEMENTS;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11174-03-4
 S. 9949                             2
 
   (III) TOTAL NUMBER OF CHILDREN IN AN ALTERNATIVE LIVING ARRANGEMENT AT
 THE END OF THE CALENDAR YEAR, AND, FOR SUCH CHILDREN, AN  INDICATION  OF
 THE  AVERAGE  NUMBER  OF  DAYS  THEY  HAVE BEEN IN AN ALTERNATIVE LIVING
 ARRANGEMENT;
   (IV)  TOTAL NUMBER OF CHILDREN FOR WHOM AN ALTERNATIVE LIVING ARRANGE-
 MENT ENDED DURING CALENDAR YEAR, AND, FOR SUCH CHILDREN,  AN  INDICATION
 OF  THE  AVERAGE  NUMBER  OF  DAYS  THEY  SPENT IN AN ALTERNATIVE LIVING
 ARRANGEMENT;
   (V) TOTAL NUMBER OF ALTERNATIVE LIVING  ARRANGEMENTS  MADE  DURING  AN
 INVESTIGATION  OF CHILD ABUSE OR MALTREATMENT PURSUANT TO ARTICLE TEN OF
 THE FAMILY COURT ACT AND THE NUMBER  OF  THOSE  ALLEGATIONS  WHICH  WERE
 ULTIMATELY  INDICATED,  AND  THE  TOTAL  NUMBER  OF  ALTERNATIVE  LIVING
 ARRANGEMENTS MADE AFTER AN INDICATION;
   (VI) NUMBER OF CHILDREN PLACED WITH A RELATIVE OR OTHER SUITABLE ADULT
 IDENTIFIED BY THE PARENT OR CHILD  PURSUANT  TO  AN  ALTERNATIVE  LIVING
 ARRANGEMENT AGREEMENT;
   (VII)  NUMBER  OF  CHILDREN PLACED IN RESPITE CARE PURSUANT TO SECTION
 FOUR HUNDRED NINE-A OF THIS ARTICLE;
   (VIII) NUMBER OF CHILDREN PLACED IN  HOST  FAMILY  HOMES  PURSUANT  TO
 REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY SERVICES;
   (IX)  TOTAL NUMBER OF CHILDREN WHO WERE RETURNED HOME FROM AN ALTERNA-
 TIVE LIVING ARRANGEMENT AGREEMENT;
   (X) TOTAL NUMBER OF CHILDREN REMOVED PURSUANT TO SECTION ONE  THOUSAND
 TWENTY-ONE OF THE FAMILY COURT ACT;
   (XI) TOTAL NUMBER OF CHILDREN REMOVED PURSUANT TO SECTION ONE THOUSAND
 TWENTY-FOUR  OF  THE  FAMILY  COURT ACT REGARDING WHOM NO PROCEEDING WAS
 INITIATED UNDER ARTICLE TEN OF THE FAMILY COURT ACT WITHIN  ONE  DAY  OF
 THE REMOVAL;
   (XII)  TOTAL  NUMBER  OF CHILDREN WHO WERE THE SUBJECT OF A PROCEEDING
 PURSUANT TO ARTICLE TEN OF THE FAMILY COURT ACT FOLLOWING REMOVAL PURSU-
 ANT TO AN ALTERNATIVE LIVING ARRANGEMENT AGREEMENT;
   (XIII) TOTAL NUMBER OF CHILDREN WHO WERE THE SUBJECT  OF  A  VOLUNTARY
 PLACEMENT  AGREEMENT  PURSUANT TO SECTION THREE HUNDRED EIGHTY-FOUR-A OF
 THIS  ARTICLE  FOLLOWING  REMOVAL  PURSUANT  TO  AN  ALTERNATIVE  LIVING
 ARRANGEMENT AGREEMENT;
   (XIV)  TOTAL  NUMBER  OF  CHILDREN WHO WERE THE SUBJECT OF A DESTITUTE
 CHILD PETITION PURSUANT TO ARTICLE TEN-C OF THE FAMILY COURT ACT FOLLOW-
 ING REMOVAL PURSUANT TO AN ALTERNATIVE LIVING ARRANGEMENT AGREEMENT;
   (XV) TOTAL NUMBER OF CHILDREN  WHO  WERE  THE  SUBJECT  OF  A  CUSTODY
 PROCEEDING  PURSUANT  TO  ARTICLE  SIX OF THE FAMILY COURT ACT FOLLOWING
 REMOVAL PURSUANT TO AN ALTERNATIVE LIVING ARRANGEMENT;
   (XVI) 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
   (XVII) ANY OTHER INFORMATION THE COMMISSIONER MAY  DEEM  NECESSARY  TO
 INCLUDE.
   (B)  IF  PRACTICABLE,  SUCH INFORMATION SHALL BE DISAGGREGATED BY AGE,
 SEX, RACE,  ETHNICITY,  AND  ALLEGATION  TYPE.  FOR  EACH  LOCAL  SOCIAL
 SERVICES  DISTRICT  WITH  A  POPULATION  OF  OVER  FIVE HUNDRED THOUSAND
 PEOPLE, SUCH INFORMATION SHALL BE DISAGGREGATED BY ZIP CODE.
   2. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL PUBLISH THE REPORT
 ON ITS WEBSITE NO LATER THAN NINETY DAYS FOLLOWING THE END OF THE CALEN-
 DAR YEAR AND SUBMIT SUCH REPORT TO THE  GOVERNOR,  THE  SPEAKER  OF  THE
 ASSEMBLY,  THE  TEMPORARY  PRESIDENT  OF THE SENATE, THE CHAIRPERSON AND
 RANKING MEMBER OF THE ASSEMBLY CHILDREN AND FAMILIES COMMITTEE, AND  THE
 S. 9949                             3
 
 CHAIRPERSON  AND  RANKING  MEMBER  OF  THE  SENATE CHILDREN AND FAMILIES
 COMMITTEE, AND THE CHAIRPERSON AND RANKING MEMBER OF THE  ASSEMBLY  WAYS
 AND  MEANS  COMMITTEE,  AND  THE  CHAIRPERSON  AND RANKING MEMBER OF THE
 SENATE  FINANCE COMMITTEE,   BY NO LATER THAN SEPTEMBER FIRST, TWO THOU-
 SAND TWENTY-FIVE AND ANNUALLY THEREAFTER.
   § 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  and  completed
 on or before such date.

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