S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3727

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

Introduced  by  M. of A. CLARK, SCARBOROUGH, ROBINSON, ERRIGO, CAMARA --
  Multi-Sponsored by -- M. of  A.  ARROYO,  HEASTIE,  MOLINARO,  PAULIN,
  WALKER  --  read  once  and  referred to the Committee on Children and
  Families

AN ACT to amend the social services law, in relation to the  out-of-home
  placement of certain children with disabilities or disorders

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 3 of section 358-a of the social  services  law
is amended by adding a new paragraph (g) to read as follows:
  (G)  THE  COURT  MAY  APPROVE A PETITION BY OR AGREEMENT WITH A SOCIAL
SERVICES OFFICIAL FOR TEMPORARY PLACEMENT BASED ON CHILD  SERVICE  NEEDS
FOR  THE  PROVISION  OF  NECESSARY  SERVICES  FOR THE CHILD'S EMOTIONAL,
BEHAVIORAL OR MENTAL DISORDER, OR MENTAL OR PHYSICAL DISABILITY, WITHOUT
THE TRANSFER OF CUSTODY, WHICH PROVIDES THAT THE SOCIAL  SERVICES  OFFI-
CIAL  SHALL  MAINTAIN  RESPONSIBILITY  FOR THE PLACEMENT AND CARE OF THE
CHILD. THE SOCIAL SERVICES DISTRICT SHALL BE ASSIGNED OVERALL  RESPONSI-
BILITY  FOR  PLACEMENT AND CARE OF THE CHILD, INCLUDING, BUT NOT LIMITED
TO, EITHER THE ACTUAL OR ACTIVE SUPERVISION OF  THE  DEVELOPMENT  OF  AN
INDIVIDUAL CASE PLAN FOR THE CHILD, PERIODIC REVIEW OF THE CASE PLAN AND
REVIEW OF THE APPROPRIATENESS AND SUITABILITY OF THE PLAN AND PLACEMENT,
AND  ENSURING  THAT  PROPER CARE AND SERVICES ARE PROVIDED TO FACILITATE
RETURN TO THE CHILD'S HOME OR OTHER ALTERNATIVE PERMANENT PLACEMENT, ALL
IN ADHERENCE WITH STATE AND FEDERAL RULES, REGULATIONS AND POLICY INTER-
PRETATIONS.
  S 2. Subdivision 2 of section 384-a of  the  social  services  law  is
amended by adding a new paragraph (i) to read as follows:
  (I)  A  SOCIAL SERVICES OFFICIAL MAY ACCEPT A TEMPORARY PLACEMENT OF A
CHILD FOR THE PROVISION OF NECESSARY SERVICES FOR THE CHILD'S EMOTIONAL,
BEHAVIORAL OR MENTAL DISORDER, OR MENTAL OR PHYSICAL DISABILITY, WITHOUT
THE TRANSFER OF CUSTODY, PROVIDED  THAT  THE  SOCIAL  SERVICES  OFFICIAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07158-01-9
              

A. 3727                             2

SHALL  MAINTAIN  RESPONSIBILITY FOR THE PLACEMENT AND CARE OF THE CHILD.
THE SOCIAL SERVICES OFFICIAL SHALL BE  ASSIGNED  OVERALL  RESPONSIBILITY
FOR  THE  PLACEMENT AND CARE OF THE CHILD, INCLUDING BUT NOT LIMITED TO,
EITHER  ACTUAL OR ACTIVE SUPERVISION OF THE DEVELOPMENT OF AN INDIVIDUAL
CASE PLAN FOR THE CHILD, PERIODIC REVIEW OF THE CASE PLAN AND REVIEW  OF
THE  APPROPRIATENESS  AND  SUITABILITY  OF  THE  PLAN AND PLACEMENT, AND
ENSURING THAT PROPER CARE AND SERVICES ARE PROVIDED TO FACILITATE RETURN
TO THE CHILD'S HOME OR OTHER ALTERNATIVE  PERMANENT  PLACEMENT,  ALL  IN
ADHERENCE WITH STATE AND FEDERAL RULES, REGULATIONS AND POLICY INTERPRE-
TATIONS.
  S  3.  The  office  of  children and family services shall, within six
months of the effective date of this act:
  (a) amend its internal policies, manuals and practices to comply  with
the provisions of this act;
  (b)  make  every effort to ensure that local social services districts
comply with the provisions of this act; and
  (c) initiate formal proceedings to amend  its  rules  and  regulations
including,  but  not limited to, section 430.10 of title 18 of the offi-
cial compilation of codes, rules and regulations of  the  state  of  New
York.
  S  4.  The  commissioner of the office of children and family services
shall submit two reports to the governor and the legislature, the  first
of  which shall be delivered eighteen months after the effective date of
this act and the second report  shall  be  delivered  thirty-six  months
after the first report which shall include:
  (a)  an  analysis  of  the impact of this act on local social services
districts to include but not be limited to obstacles to  implementation,
changes in parental attitudes and/or participation in planning for their
child, impact on placement outcomes, and recommendations; and
  (b)  related feedback and recommendations from parents who have sought
to retain custody of their children  being  placed  by  a  local  social
services  official,  when  the  primary reason for such placement is the
provision of necessary services for the child's emotional, behavioral or
mental disorder.
  S 5. This act shall take effect immediately.