S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7603
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 1, 2025
                                ___________
 
 Introduced by M. of A. HEVESI -- read once and referred to the Committee
   on Children and Families
 
 AN  ACT  to  amend the social services law and the state finance law, in
   relation to providing additional  support  to  children  with  complex
   needs under the jurisdiction of the state

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 483-b of the social services  law,  as  amended  by
 chapter 235 of the laws of 2024, is amended to read as follows:
   § 483-b. Powers and duties of council. 1. Definitions. As used in this
 section,   the  terms  "care",  "services",  "programs",  and  "services
 programs"  shall  mean  and  include  care,  maintenance,  services  and
 programs  provided  to  children  of  the state and their families by or
 under the jurisdiction of a member agency, AND THE TERM "BOARDING" SHALL
 MEAN REMAINING IN A HOSPITAL SETTING AFTER HAVING BEEN DETERMINED TO  NO
 LONGER NEED A HOSPITAL LEVEL OF CARE, AND AWAITING DISCHARGE.
   2. General powers. The council shall have the following powers:
   (a)  to  identify  problems  and  deficiencies in residential care and
 community-based services programs and, on a selective basis, to plan and
 make recommendations to the governor for the remedy of such problems and
 deficiencies and for the development of programs of  care  and  services
 for children and their families;
   (b)  to  make  recommendations  to improve coordination of program and
 fiscal resources of state-local, public-voluntary care and  services  to
 children and their families;
   (c)  to  coordinate program and management research of member agencies
 for the purpose of monitoring, evaluating or redirecting  existing  care
 and  services programs or developing new programs, and to conduct, spon-
 sor, or direct member agencies  to  undertake  such  research  or  other
 activities;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11182-01-5
 A. 7603                             2
              

 
   (d)  to  review  and resolve differences, if any, concerning rules and
 regulations of each member agency insofar as such rules and  regulations
 impact on services programs provided by other member agencies;
   (e) to promulgate, amend and rescind rules and regulations relating to
 the administration and performance of the powers and duties of the coun-
 cil pursuant to this article;
   (f)  to  review  significant  state and locally operated and supported
 care and services, plans and proposals for new services for children and
 families to determine whether such services  are  planned,  created  and
 delivered in a coordinated, effective and comprehensive manner;
   (g)  to perform all other things necessary and convenient to carry out
 the functions, powers and duties of the council and  to  effectuate  the
 purposes of this article; [and]
   (h)  to accept and expend FUNDS APPROPRIATED PURSUANT TO SECTION NINE-
 TY-NINE-RR OF THE STATE FINANCE LAW any grants, awards, or  other  funds
 or  appropriations  as may be available to the council to effectuate the
 purposes of this article, subject to the approval of the director of the
 budget; AND
   (I) TO ESTABLISH AND MAINTAIN A CONFIDENTIAL  ONLINE  DATA  PORTAL  TO
 HELP  FACILITATE  THE  COORDINATION  OF  RESIDENTIAL AND NON-RESIDENTIAL
 SERVICES TO CHILDREN AND ADOLESCENTS WITHIN  THE  COUNCIL'S  INTERAGENCY
 RESOLUTION POWERS.
   3. Interagency resolution powers. (a) The council shall convene member
 agencies  to  meet  [on  a  regular  basis] AS NEEDED AND IN RESPONSE TO
 REQUESTS FOR  ASSISTANCE  THAT  ARE  RECEIVED  to  discuss  and  resolve
 disputes, including but not limited to disputes between member agencies,
 relating  to  their  functions,  powers and duties over the provision of
 services to particular children and their families or to  categories  of
 children  or  child  and family problems when all the internal statutory
 and administrative grievance or appeal procedures applicable to a member
 agency have failed to finally resolve such dispute.
   (b) The council shall direct member agencies to provide an evaluation,
 including a diagnostic study, of a particular child  and  [his  or  her]
 SUCH CHILD'S family when there is a dispute as to the appropriate agency
 or  program  in which the child should be placed or from which the child
 and [his or her] SUCH CHILD'S  family  should  receive  services[,  and,
 following].  SUCH  EVALUATION  AND  DIAGNOSTIC  STUDY SHALL BE COMPLETED
 WITHIN SEVENTY-TWO HOURS OF THE INTERAGENCY RESOLUTION UNIT RECEIVING  A
 REQUEST  FOR ASSISTANCE. FOLLOWING such EVALUATION AND DIAGNOSTIC study,
 the council, WITHIN FIVE BUSINESS DAYS, shall [order] EFFECTUATE  place-
 ment  of OR PROVIDE SERVICES FOR a child with a member agency, or with a
 social services official, or order a member agency to provide or require
 the provision of services to the child and [his  or  her]  SUCH  CHILD'S
 family  in  a  manner  consistent with the legal authority of the member
 agency or social services official, as applicable.
   (c) The council shall  direct  member  agencies  to  take  appropriate
 direct  action  or to exercise their supervisory powers over local offi-
 cials and agencies, in the resolution of such disputes.
   (d) The duty of the council to resolve disputes  involving  particular
 children  [may]  SHALL  be  performed  on  a  selective basis within the
 discretion of the council. Exercise of jurisdiction over  such  disputes
 by  the council or appeals to the council therefor shall not be required
 as a condition precedent to the initiation of a proceeding  pursuant  to
 article seventy-eight of the civil practice law and rules.
   (e) A dispute relative to which member agency shall have the responsi-
 bility  for  determining  and  recommending  adult  services pursuant to
 A. 7603                             3
 
 sections 7.37 and 13.37 of the mental hygiene law, section three hundred
 ninety-eight-c of the social services law, or subdivision ten of section
 forty-four hundred three of the  education  law  shall  be  resolved  in
 accordance with this subdivision.
   4.  Submission  of information to the council. (a) Notwithstanding any
 other provision of state law to the contrary, the  council  may  request
 any  member agency to submit to the council and such member agency shall
 submit, to the extent permitted by federal law, all information  in  the
 form  and manner and at such times as the council may require that it is
 appropriate to the purposes and operation of the council.
   (b) The council shall protect the confidentiality of individual  iden-
 tifying information submitted to or provided by the council, and prevent
 access  thereto, by, or the distribution thereof to, persons not author-
 ized by law.
   5. DATA COLLECTION AND ONLINE  DATA  PORTAL.  (A)  THE  COUNCIL  SHALL
 COLLECT DATA REGARDING:
   (I)  THE  TOTAL  NUMBER  OF CHILDREN AND ADOLESCENTS WHO ARE BOARDING,
 INCLUDING A BREAKDOWN BY GEOGRAPHIC LOCATION AND WHETHER THEY ARE IN THE
 CARE OR CUSTODY OF A STATE AGENCY OR LOCAL DISTRICT OF SOCIAL  SERVICES;
 AND
   (II)  THE TOTAL NUMBER OF CHILDREN AND ADOLESCENTS WHO ARE IN THE CARE
 OR CUSTODY OF A STATE AGENCY OR LOCAL SOCIAL SERVICES DISTRICT  AND  ARE
 AWAITING APPROPRIATE RESIDENTIAL PROGRAMS OR SERVICES.
   (B)  THE  COUNCIL  SHALL ALSO COLLECT THE FOLLOWING DATA REGARDING THE
 INDIVIDUALS INCLUDED IN PARAGRAPH (A) OF THIS SUBDIVISION:
   (I) THE AVERAGE WAIT TIME FOR DISCHARGE TO  AN  APPROPRIATE  LEVEL  OF
 CARE OR PLACEMENT;
   (II) THE LEVEL OF CARE REQUIRED;
   (III) THE PRIMARY BEHAVIORAL HEALTH DIAGNOSIS AND ANY RELEVANT CO-MOR-
 BIDITIES;
   (IV)  THE  PRIMARY REASON FOR BOARDING, AND/OR AWAITING AN APPROPRIATE
 RESIDENTIAL PROGRAM OR SERVICE;
   (V) WHETHER THE CHILDREN AND ADOLESCENTS ARE IN THE CARE OR CUSTODY OF
 THE OFFICE OF CHILDREN AND FAMILY SERVICES; IN THE CARE OR CUSTODY OF  A
 LOCAL  SOCIAL  SERVICES DISTRICT; AND/OR ARE ELIGIBLE FOR SERVICES UNDER
 THE OFFICE OF MENTAL HEALTH, THE OFFICE FOR  PEOPLE  WITH  DEVELOPMENTAL
 DISABILITIES, OR THE STATE OR LOCAL DEPARTMENT OF EDUCATION;
   (VI)  IF  THE  CHILDREN AND ADOLESCENTS ARE ELIGIBLE FOR SERVICES FROM
 THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL  DISABILITIES,  THE  DATE  THAT
 THEY BECAME ELIGIBLE AND THE DATE ON WHICH THEY APPLIED FOR SERVICES;
   (VII)  INFORMATION  REGARDING  THE CHILDREN AND ADOLESCENTS' INSURANCE
 COVERAGE; AND
   (VIII) DEMOGRAPHIC DATA, INCLUDING AGES,  RACE,  ETHNICITY,  PREFERRED
 SPOKEN LANGUAGES, AND GENDER.
   (C)  THE  COUNCIL  SHALL  ESTABLISH AND MAINTAIN A CONFIDENTIAL ONLINE
 DATA PORTAL TO HELP STATE AGENCIES, LOCAL AGENCIES, VOLUNTARY  AGENCIES,
 AND  PAYORS  FACILITATE THE COORDINATION OF RESIDENTIAL AND NON-RESIDEN-
 TIAL SERVICES TO CHILDREN AND ADOLESCENTS WITHIN THE  COUNCIL'S  INTERA-
 GENCY  RESOLUTION  POWERS.  THE  PORTAL  SHALL ONLY BE ACCESSIBLE BY THE
 COUNCIL AND ITS MEMBERS, LOCAL AGENCIES, VOLUNTARY AGENCIES, AND PAYORS.
   (D) THE  PORTAL  SHALL  INCLUDE  INFORMATION  REGARDING  CHILDREN  AND
 ADOLESCENTS  WHO  ARE  BOARDING  OR WHO ARE IN THE CARE AND CUSTODY OF A
 STATE AGENCY OR LOCAL SOCIAL SERVICES DISTRICT AND ARE AWAITING:
   (I) DISCHARGE TO AN APPROPRIATE RESIDENTIAL PROGRAM OR SERVICE; OR
   (II) COMMUNITY-BASED SERVICES.
 A. 7603                             4
 
   (E) THE PORTAL SHALL BE REGULARLY UPDATED  TO  INCLUDE  THE  FOLLOWING
 INFORMATION  ON  THE  AVAILABILITY OF BEDS IN STATE-LICENSED RESIDENTIAL
 THERAPEUTIC PROGRAMS, INCLUDING RESIDENTIAL TREATMENT FACILITIES,  RESI-
 DENTIAL  TREATMENT CENTERS, INPATIENT PSYCHIATRIC UNITS, AND RESIDENTIAL
 PROGRAMS  OPERATED  OR  LICENSED  BY THE OFFICE FOR PEOPLE WITH DEVELOP-
 MENTAL DISABILITIES:
   (I) THE TOTAL NUMBER OF BEDS IN THESE PROGRAMS;
   (II) THE TOTAL NUMBER OF AVAILABLE  BEDS,  BROKEN  DOWN  BY  LOCATION,
 LICENSING  AUTHORITY,  AGE  RANGE, AND ANY SPECIALIZATIONS OR ADDITIONAL
 ADMISSIONS CRITERIA;
   (III) AVERAGE DAILY BED AVAILABILITY, BROKEN DOWN BY LICENSING AUTHOR-
 ITY AND AGE RANGE; AND
   (IV) THE AVERAGE LENGTH OF STAY, BROKEN DOWN BY  LICENSING  AUTHORITY,
 AGE RANGE, AND ANY SPECIALIZATION.
   6.  REPORTING.  (A)  EVERY SIX MONTHS, THE COUNCIL SHALL REPORT ON THE
 DATA COLLECTED UNDER SUBDIVISION FIVE OF THIS SECTION, AND THE STATUS OF
 CHILDREN AND ADOLESCENTS WHO ARE BOARDING, AWAITING RESIDENTIAL DISPOSI-
 TION OR IN THE CARE OR  CUSTODY  OF  A  STATE  AGENCY  OR  LOCAL  SOCIAL
 SERVICES  DISTRICT  AND AWAITING DISCHARGE TO AN APPROPRIATE RESIDENTIAL
 PROGRAM OR SERVICE. SUCH REPORT SHALL BE DELIVERED TO THE  GOVERNOR  AND
 THE  LEGISLATURE AND SHALL BE POSTED IN A CONSPICUOUS PLACE ON THE COUN-
 CIL'S WEBPAGE.
   (B) ON AN ANNUAL BASIS, THE COUNCIL SHALL PUBLISH A REPORT THAT SUMMA-
 RIZES THE CASES REVIEWED BY THE INTERAGENCY RESOLUTION  UNIT,  INCLUDING
 THE LENGTH OF TIME IN REVIEW AND THE FINAL RESOLUTION. SUCH REPORT SHALL
 BE  DELIVERED TO THE GOVERNOR AND THE LEGISLATURE AND SHALL BE POSTED IN
 A CONSPICUOUS PLACE ON THE COUNCIL'S WEBPAGE.
   § 2. Subdivision 7 of section 483-d of the  social  services  law,  as
 added by chapter 392 of the laws of 2005, is amended to read as follows:
   7.  Additional  review  and  recommendations; report. The out-of-state
 placement committee may develop additional recommendations  regarding  a
 common  system concerning placement of children in out-of-state programs
 and facilities, with the purpose  of  averting  insofar  as  practicable
 future  placement  of children in such out-of-state programs and facili-
 ties, of returning children from such out-of-state programs and  facili-
 ties,  of building or rebuilding the infrastructure of in-state programs
 and facilities so that it shall be capable of serving the needs of  such
 children,  of redesigning the system to eliminate barriers and institute
 flexibility in funding services so that children may be provided for  in
 the  most  appropriate and least restrictive environments, including the
 child's home, of enabling public funding for such services to follow the
 child, and of requiring appropriate levels of accountability  concerning
 the placement of children at all levels of public decision-making.
   The  committee  shall provide an annual progress report concerning the
 development of the items and policies  described  in  this  section  and
 progress on their implementation, along with such recommendations as the
 committee  shall  deem  appropriate  and  in keeping with the spirit and
 intent of this section. Such report shall be submitted to  the  governor
 and  the  legislature no later than thirty days following the submission
 of the executive budget. SUCH REPORT SHALL BE POSTED  IN  A  CONSPICUOUS
 PLACE ON THE COUNCIL'S WEBPAGE.
   §  3.  Paragraphs (c) and (d) of subdivision 3 of section 99-rr of the
 state finance law, as added by section 2 of part II of chapter 57 of the
 laws of 2024, are amended and a new paragraph (e) is added  to  read  as
 follows:
 A. 7603                             5
 
   (c) reimbursement to the general fund for expenditures incurred in the
 medical assistance program, including, but not limited to, reimbursement
 pursuant  to  a  savings  allocation plan established in accordance with
 section ninety-two of part H of chapter fifty-nine of the  laws  of  two
 thousand eleven, as amended; [and]
   (d)  transfer  to  the  capital  projects  fund,  or any other capital
 projects fund of the state  to  support  the  delivery  of  health  care
 services[.];
   (E)  TRANSFER  TWENTY-FIVE  MILLION DOLLARS TO THE COUNCIL ON CHILDREN
 AND FAMILIES TO CARRY OUT THE MANDATES OF SECTION FOUR  HUNDRED  EIGHTY-
 THREE-B OF THE SOCIAL SERVICES LAW, INCLUDING BUT NOT LIMITED TO, ESTAB-
 LISHMENT  AND  MAINTENANCE OF AN ONLINE DATA PORTAL, HIRING OF STAFF FOR
 THE INTERAGENCY DISPUTE RESOLUTION UNIT, ENHANCING ACCESS TO  DIAGNOSTIC
 AND EVALUATION SERVICES RELATED TO REQUESTS FOR ASSISTANCE, MULTI-SYSTEM
 CARE  COORDINATION,  AND PROVIDING FOR THE COST OF SERVICES AND/OR RESI-
 DENTIAL CARE FOR A CHILD DURING A PERIOD OF TIME WHILE DISPUTES OVER THE
 PARTY FINANCIALLY RESPONSIBLE FOR SUCH CARE ARE BEING DETERMINED.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that subdivisions 5 and 6
 of section 483-b of the social services law as added by section  one  of
 this act shall take effect January 1, 2026.