NY State Senate Bill 2021-S8148

Senate Bill S8148

2021-2022 Legislative Session

Establishes alternative living arrangements for children who are at a substantial risk of abuse

download bill text pdf

Archive: Last Bill Status - In Senate Committee Children And Families 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
Jan 26, 2022	referred to children and families

2021-S8148 (ACTIVE) - Details

See Assembly Version of this Bill:: A8090
Current Committee:: Senate Children And Families
Law Section:: Social Services Law
Laws Affected:: Amd §§412 & 424, add §424-c, Soc Serv L
Versions Introduced in 2023-2024 Legislative Session:: S5029, A4383

2021-S8148 (ACTIVE) - Summary

Establishes alternative living arrangements for children who are at a substantial risk of abuse; defines an alternative living arrangement as a temporary, written and agreed upon out of home living arrangement developed as a result of an investigation of child maltreatment by the child protective service that would allow for a relative or suitable person to temporarily care for a child who is at a substantial risk of abuse or in imminent danger of neglect; requires annual reporting.

2021-S8148 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8148

SPONSOR: BRISPORT
 
TITLE OF BILL:

An act to amend the social services law, in relation to establishing
alternative living arrangements for children who are at a substantial
risk of abuse

 
SUMMARY OF PROVISIONS:

Section one of the bill amends section 412 of the social services law by
adding a new subdivision 10 to define the term, "alternative living
arrangement."

Section two of the bill amends section 424.2 of the social services law
to require that the child protective service (CPS) unit within each
social services district maintain data regarding the use of alternative
living arrangements.

Section three of the bill amends the social services law by adding a new
section 424-c to limit the length of time that alternative living
arrangements may be utilized; to provide that such arrangements be

utilized only in circumstances where grounds exist for removal pursuant
to article ten of the family court act; to require that alternative
living arrangement agreements be in writing, signed by the authorized
child protective services worker, parent, and caregiver; to provide that
such agreement include a plan for re-assessment for reunification or
judicial removal; to require that written information be provided to
parents and caregivers relevant to supporting the arrangement, including
information about supportive services for parents, children, and care-
givers; and to require that the office of children and family services
(OCFS) compile an annual report for the preceding calendar year on data
provided by every local social services district regarding the use of
alternative living arrangements.

Section four sets forth 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 correct several shortcomings of New York law.

Hidden Foster Care occurs when child protective services (CPS) is called
upon to investigate a family for abuse or neglect and determines that a
child is not able to safely remain in the home with the parent. However,
instead of filing a petition to family,court, CPS may insist that the
parents transfer physical custody of the child to a relative or family
member. To coerce family compliance, CPS may threaten to pursue removal
through the court and placement into foster care with strangers. In New
York, these family separations, called "alternative living arrange-
ments," are instituted by CPS through a written or oral "safety plan" or
"safety agreement" created by CPS during the course of a child protec-
tive services safety assessment and prior to obtaining a court order,
and enforced through threats of court action that would place the child
in the care of a stranger. CPS dictates the conditions concerning the
care of a child and the conduct of the parent in various ways.

This legislation is necessary because Hidden Foster Care presents impor-
tant problems and threatens to remove important supports. When children
are diverted from the foster care system to a relative's home, the
supports, rights, services, and representation provided through foster
care are denied to the child, parent, or the caregiver. For instance,
families are denied the monthly financial support, education rights,
case management, and other supportive services. Moreover, the regular
lack of legal representation for vulnerable parents means that these
decisions are rarely "voluntary" in any meaningful sense, or fully
informed.

This bill seeks to define the practice of "alternative living arrange-
ments," collect data on its use, and limit the length of time these
temporary emergency placements may last while services are implemented
with parents to mitigate safety concerns. It ensures that expectations
of parents, caregivers, and the county are clearly written for all
parties involved and compels reunification or removal actions to be
taken by the child protective service, so that children and families do
not remain hidden and without permanency.

 
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.

2021-S8148 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8148
 
                             I N  S E N A T E
 
                             January 26, 2022
                                ___________
 
 Introduced  by Sen. BRISPORT -- read twice and ordered printed, and when
   printed to be committed to the Committee on Children and Families
 
 AN ACT to amend the social services law,  in  relation  to  establishing
   alternative  living arrangements for children who are at a substantial
   risk of abuse
 
   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 A TEMPORARY, WRITTEN AND
 AGREED  UPON  OUT OF HOME LIVING ARRANGEMENT DEVELOPED AS A RESULT OF AN
 INVESTIGATION OF CHILD MALTREATMENT BY THE CHILD PROTECTIVE SERVICE THAT
 WOULD ALLOW FOR A RELATIVE OR SUITABLE PERSON AS DEFINED IN SUBDIVISIONS
 (M) AND (N) OF SECTION ONE THOUSAND TWELVE OF THE FAMILY  COURT  ACT  OR
 PARAGRAPH  (A),  (B) OR (C) OF SUBDIVISION THREE OF SECTION FOUR HUNDRED
 FIFTY-EIGHT-A OF THIS ARTICLE, WHO IS IDENTIFIED BY ANY  PARENT,  PERSON
 LEGALLY  RESPONSIBLE  OR CHILD OVER THE AGE OF FIVE, TO TEMPORARILY CARE
 FOR A CHILD WHO IS AT A SUBSTANTIAL RISK OF ABUSE AS  DEFINED  IN  PARA-
 GRAPH  (I),  (II)  OR  (III)  OF SUBDIVISION (E) OF SECTION ONE THOUSAND
 TWELVE OF THE FAMILY COURT ACT OR  IN  IMMINENT  DANGER  OF  NEGLECT  AS
 DEFINED  IN  PARAGRAPH  (I)  OF  SUBDIVISION (F) OF SECTION ONE THOUSAND
 TWELVE OF SUCH ACT.
   § 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 IN THE HOME OF A RELA-
 TIVE OR SUITABLE PERSON;
   §  3. The social services law is amended by adding a new section 424-c
 to read as follows:
   § 424-C. ALTERNATIVE LIVING ARRANGEMENTS.  1.  AN  ALTERNATIVE  LIVING
 ARRANGEMENT  MAY  BE  FACILITATED  BY  THE  CHILD  PROTECTIVE SERVICE TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11597-01-1
 S. 8148                             2
 
 ARRANGE FOR THE CHILD TO TEMPORARILY RESIDE WITH A RELATIVE OR  SUITABLE
 PERSON  WITHOUT  A  JUDICIAL REMOVAL FOR A LIMITED AMOUNT OF TIME AND IS
 AVAILABLE ONLY IN CIRCUMSTANCES WHERE GROUNDS EXIST FOR REMOVAL PURSUANT
 TO  ARTICLE  TEN  OF  THE  FAMILY  COURT  ACT. PRIOR TO OFFERING SUCH AN
 ARRANGEMENT TO A  FAMILY,  THE  CHILD  PROTECTIVE  SERVICE  WORKER  MUST
 EXPLAIN  THAT  THE  CHILD  PROTECTIVE  SERVICE HAS NO LEGAL AUTHORITY TO
 COMPEL SUCH FAMILY TO AGREE TO THE ARRANGEMENT BUT MAY INFORM THE FAMILY
 OF THE OBLIGATIONS AND AUTHORITY OF  THE  CHILD  PROTECTIVE  SERVICE  TO
 PETITION THE FAMILY COURT FOR A DETERMINATION THAT A CHILD IS IN NEED OF
 CARE  AND  PROTECTION.  THIS  OUT  OF HOME ARRANGEMENT SHALL NOT BE USED
 WITHOUT WRITTEN DOCUMENTATION OF THE CIRCUMSTANCES THAT WARRANT REMOVAL.
   2. (A) AN ALTERNATIVE LIVING ARRANGEMENT AGREEMENT SHALL BE  IN  WRIT-
 ING,  SIGNED  BY THE AUTHORIZED CHILD PROTECTIVE SERVICES WORKER, PARENT
 OR PERSON LEGALLY RESPONSIBLE, AND THE RELATIVE OR SUITABLE  PERSON  AND
 SHALL INCLUDE:
   (I)  A SPECIFIC ACTION OR ACTIONS AGREED UPON FOR THE PARENT OR PERSON
 LEGALLY RESPONSIBLE TO MITIGATE  THE  IDENTIFIED  GROUNDS  THAT  WARRANT
 REMOVAL;
   (II) NAMES, ADDRESSES, AND CONTACT INFORMATION OF THE AUTHORIZED CHILD
 PROTECTIVE  SERVICES  WORKER  AND  THEIR IMMEDIATE SUPERVISOR, PARENT OR
 PERSON LEGALLY RESPONSIBLE, AND  THE  RELATIVE  OR  SUITABLE  PERSON  OR
 PERSONS;
   (III) LENGTH OF THE ALTERNATIVE LIVING ARRANGEMENT; AND
   (IV) PLAN FOR RE-ASSESSMENT FOR REUNIFICATION OR JUDICIAL REMOVAL.
   (B)  THE  SIGNATURE  OF  THE PARENT OR PERSON LEGALLY RESPONSIBLE ONLY
 SIGNIFIES AGREEMENT TO THE TEMPORARY ALTERNATIVE LIVING ARRANGEMENT  AND
 SHALL NOT BE CONSIDERED AN ADMISSION OF THE ACCURACY OF THE SAFETY EVAL-
 UATION  AND  DETERMINATION OF RISK PURSUANT TO PARAGRAPH (A) OF SUBDIVI-
 SION SIX OF SECTION FOUR HUNDRED TWENTY-FOUR OF THIS TITLE BY THE PARENT
 OR PERSON LEGALLY RESPONSIBLE. IT SHALL NOT BE ADMISSIBLE IN A COURT  OF
 LAW AS PROOF OF THE ALLEGATIONS IN A NEGLECT OR ABUSE FILING.
   3.  AN  ALTERNATIVE  LIVING ARRANGEMENT SHALL LAST NO LONGER THAN FIVE
 BUSINESS DAYS. ONE ADDITIONAL EXTENSION OF NO MORE  THAN  FIVE  BUSINESS
 DAYS MAY BE REQUESTED BY THE AUTHORIZED CHILD PROTECTIVE SERVICE, PARENT
 OR PERSON LEGALLY RESPONSIBLE, OR RELATIVE OR SUITABLE PERSON. AN EXTEN-
 SION OF AN ALTERNATIVE LIVING ARRANGEMENT AGREEMENT SHALL BE:
   (A) IN WRITING;
   (B)  SIGNED  BY  THE  AUTHORIZED  CHILD  PROTECTIVE SERVICE, PARENT OR
 PERSON LEGALLY RESPONSIBLE, AND THE RELATIVE OR SUITABLE PERSON;
   (C) INCLUDE ALL OF THE PROVISIONS IN SUBDIVISION TWO OF THIS  SECTION;
 AND
   (D) INCLUDE THE REASON FOR SUCH EXTENSION.
   4. PRIOR TO THE EXECUTION OF THE ALTERNATIVE LIVING ARRANGEMENT AGREE-
 MENT,  THE CHILD PROTECTIVE SERVICE SHALL PROVIDE WRITTEN INFORMATION AS
 DESCRIBED IN THIS SECTION TO THE PARENT OR PARENTS OR PERSON OR  PERSONS
 LEGALLY  RESPONSIBLE  AND THE PROSPECTIVE RELATIVE OR SUITABLE PERSON OR
 PERSONS. SUCH INFORMATION SHALL INCLUDE BUT NOT BE LIMITED TO:
   (A) INFORMATION ABOUT SUPPORTIVE SERVICES FOR  THE  PARENTS,  CHILDREN
 AND RELATIVE OR SUITABLE PERSON;
   (B)  INFORMATION  ABOUT  THE OPTIONS FOR CARE AND CUSTODY OF THE CHILD
 PURSUANT TO SECTION THREE HUNDRED NINETY-TWO OF THIS ARTICLE;
   (C) INFORMATION ON HOW TO APPLY FOR PUBLIC ASSISTANCE; AND
   (D) ANY OTHER RELEVANT INFORMATION RELATED TO SUPPORTING THE  ALTERNA-
 TIVE LIVING ARRANGEMENT.
   5.  (A)  THE  OFFICE OF CHILDREN AND FAMILY SERVICES SHALL COLLECT THE
 FOLLOWING DATA REGARDING ALTERNATIVE LIVING ARRANGEMENTS AND COMPILE  AN
 S. 8148                             3

 ANNUAL  REPORT  FOR THE PRECEDING CALENDAR YEAR ON SUCH DATA PROVIDED BY
 EVERY LOCAL SOCIAL SERVICES DISTRICT:
   (I) TOTAL NUMBER OF ALTERNATIVE LIVING ARRANGEMENT AGREEMENTS;
   (II)  TOTAL  NUMBER  OF  EXTENSIONS  TO ALTERNATIVE LIVING ARRANGEMENT
 WRITTEN AGREEMENTS;
   (III) TOTAL NUMBER OF CHILDREN,  PARENTS  AND  RELATIVES  OR  SUITABLE
 PERSONS  WHO  WERE  THE SUBJECT OF ALTERNATIVE LIVING ARRANGEMENT AGREE-
 MENTS;
   (IV) AVERAGE LENGTH OF ALTERNATIVE LIVING ARRANGEMENTS IN EACH COUNTY;
   (V) TOTAL NUMBER OF ALTERNATIVE LIVING ARRANGEMENTS THAT LASTED LONGER
 THAN THE TEN DAYS PERMITTED BY THIS SECTION;
   (VI) TOTAL NUMBER OF CHILDREN WHO  WERE  REUNITED  WITH  PARENTS  UPON
 CESSATION OF AN ALTERNATIVE LIVING ARRANGEMENT AGREEMENT;
   (VII) TOTAL NUMBER OF CHILDREN WHO WERE NOT REUNITED WITH PARENTS UPON
 CESSATION OF AN ALTERNATIVE LIVING ARRANGEMENT AGREEMENT;
   (VIII)  TOTAL  NUMBER OF CHILDREN WHO WERE THE SUBJECT OF A PROCEEDING
 PURSUANT TO ARTICLE TEN OF THE FAMILY COURT ACT UPON  CESSATION  OF  ALL
 ALTERNATIVE LIVING ARRANGEMENT AGREEMENTS;
   (IX)  TOTAL  NUMBER  OF  CHILDREN WHO WERE THE SUBJECT OF A PROCEEDING
 PURSUANT TO ARTICLE TEN OF THE FAMILY COURT ACT UPON  CESSATION  OF  ALL
 ALTERNATIVE  LIVING  ARRANGEMENT AGREEMENTS AND WHO WERE DIRECTLY PLACED
 WITH RELATIVES PURSUANT TO ARTICLE TEN OF THE FAMILY COURT ACT;
   (X) TOTAL NUMBER OF CHILDREN WHO WERE  THE  SUBJECT  OF  A  PROCEEDING
 PURSUANT  TO  ARTICLE  TEN OF THE FAMILY COURT ACT UPON CESSATION OF ALL
 ALTERNATIVE LIVING ARRANGEMENT AGREEMENTS AND WHO WERE PLACED IN  FOSTER
 CARE WITH A RELATIVE OR SUITABLE PERSON;
   (XI)  TOTAL  NUMBER  OF  CHILDREN WHO WERE THE SUBJECT OF A PROCEEDING
 PURSUANT TO ARTICLE TEN OF THE FAMILY COURT ACT UPON  CESSATION  OF  ALL
 ALTERNATIVE  LIVING ARRANGEMENT AGREEMENTS AND WHO WERE PLACED IN FOSTER
 CARE WITH A NON-RELATIVE OR CONGREGATE CARE SETTING;
   (XII) TOTAL NUMBER OF CHILDREN WHO WERE PLACED IN  THE  CUSTODY  OF  A
 RELATIVE  OR SUITABLE PERSON PURSUANT TO ARTICLE SIX OF THE FAMILY COURT
 ACT UPON CESSATION OF ALL ALTERNATIVE LIVING ARRANGEMENT AGREEMENTS;
   (XIII) 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
   (XIV)  ANY  OTHER  INFORMATION  THE COMMISSIONER MAY DEEM NECESSARY TO
 INCLUDE.
   (B) THE OFFICE OF CHILDREN  AND  FAMILY  SERVICES  SHALL  SUBMIT  SUCH
 REPORT TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRES-
 IDENT  OF THE SENATE, THE CHAIRPERSON OF THE ASSEMBLY CHILDREN AND FAMI-
 LIES COMMITTEE, AND THE CHAIRPERSON OF THE SENATE CHILDREN AND  FAMILIES
 COMMITTEE, AND THE CHAIRPERSON OF THE ASSEMBLY WAYS AND MEANS COMMITTEE,
 AND  THE  CHAIRPERSON  OF  THE SENATE FINANCE COMMITTEE BY NO LATER THAN
 SEPTEMBER FIRST, TWO THOUSAND TWENTY-THREE AND ANNUALLY THEREAFTER. SUCH
 REPORT SHALL INCLUDE THE DATA AND INFORMATION REQUIRED  UNDER  PARAGRAPH
 (A)  OF  THIS SUBDIVISION FOR THE PRECEDING CALENDAR YEAR, TO THE EXTENT
 SUCH INFORMATION IS AVAILABLE. WHEN PRACTICABLE, SUCH INFORMATION  SHALL
 BE DISAGGREGATED BY AGE, SEX, RACE AND ETHNICITY.
   §  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 on or before
 such date.

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