NY State Senate Bill 2021-S8833A

Senate Bill S8833A

2021-2022 Legislative Session

Relates to reporting of youth placed in foster care settings and recruitment of foster parents and repeals section two of chapter eleven of the laws of two thousand twenty-one; repealer

download bill text pdf

Archive: Last Bill Status - In Senate Committee Social Services 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
May 17, 2022	print number 8833a
May 17, 2022	amend and recommit to social services
Apr 22, 2022	referred to social services

Bill Amendments

Original

A (Active)

2021-S8833 - Details

See Assembly Version of this Bill:: A9800
Current Committee:: Senate Social Services
Law Section:: Social Services Law
Laws Affected:: Rpld §2, Chap 11 of 2021; amd §17, Soc Serv L
Versions Introduced in 2023-2024 Legislative Session:: S5897, A2176

2021-S8833 - Summary

Relates to reporting of youth placed in foster care settings and recruitment of foster parents; requires information including the total number of youth placed in foster care, the reasons why such youth were placed and the efforts the state has taken to recruit and retain foster parents; repeals provisions relating to directing the office of children and family services to make information publicly available on the number of youth placed in foster care settings and recruitment of foster parents and the effectiveness thereof.

2021-S8833 - Sponsor Memo

                                 
BILL NUMBER: S8833

SPONSOR: BRISPORT
 
SUMMARY OF PROVISIONS:

Section one repeals section two of chapter 11 of the laws of 2021.

Section two amends section seventeen of the social services law by
adding a new subdivision to require a biannual report containing infor-
mation on (i) the total number of youth placed in foster care settings
in comparison to the number in the previous report, and whether such
youth have been previously placed in foster care settings in the state;
(ii) the reason why the youth were placed in such foster care settings;
(iii) what, if any, specialized services youth placed in foster care
settings require to address mental health and other health and educa-
tional needs; and (iv) the total number of foster families certified in
the state at the time of the report, what efforts the state has taken to
increase the number of foster families, and the total number of place-
ment options certified as a qualified residential treatment program.

Section three provides the effective date

 
JUSTIFICATION:

A large but indeterminate number of immigrant children have been sepa-
rated from their parents by the federal office of Immigration and
Customs Enforcement (ICE) and then sent off to all points by the Office
of Refugee Resettlement. Many of these children are in the custody of
nonprofit children's protective and orphanage placement agencies in New
York State. Despite a federal court order to return the alien children
to their parents, there was no public or transparent record of the
number of such children separated from their parents, their status, or
what special mental health or educational needs they may have until late
2021 when the OCFS released its first report compelled by chapter 11 of
the laws of 2021.

This bill would make the frequency of type of report issued by OCFS at
the end of 2021 biannual to addresses the lack of information we have
about these children and provide better transparency about the whole of
the state's foster care system to ensure that the legislature and the
public have adequate information to ensure the best outcomes for chil-
dren in foster care.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This law shall become effective immediately.

2021-S8833 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8833
 
                             I N  S E N A T E
 
                              April 22, 2022
                                ___________
 
 Introduced  by Sen. BRISPORT -- read twice and ordered printed, and when
   printed to be committed to the Committee on Social Services
 
 AN ACT to amend the social services law, in  relation  to  reporting  of
   youth  placed  in  foster  care  settings  and  recruitment  of foster
   parents; and to repeal section 2 of chapter 11 of the  laws  of  2021,
   relating  to  directing  the office of children and family services to
   make information publicly available on the number of youth  placed  in
   foster  care settings and recruitment of foster parents and the effec-
   tiveness thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  2 of chapter 11 of the laws of 2021, relating to
 directing the office of children and family services to make information
 publicly available on the number of youth placed in foster care settings
 and recruitment of foster parents  and  the  effectiveness  thereof,  is
 REPEALED.
   §  2. Section 17 of the social services law is amended by adding a new
 subdivision (l) to read as follows:
   (L) SUBMIT A REPORT TO THE GOVERNOR, THE SPEAKER OF THE  ASSEMBLY  AND
 THE  TEMPORARY  PRESIDENT OF THE SENATE BEGINNING DECEMBER THIRTY-FIRST,
 TWO THOUSAND TWENTY-THREE, AND BIANNUALLY  THEREAFTER,  REGARDING  YOUTH
 PLACED  IN  FOSTER  CARE SETTINGS AND THE RECRUITMENT OF FOSTER PARENTS.
 SUCH REPORT SHALL BE MADE PUBLICLY AVAILABLE ONLINE  AND  SHALL  PROVIDE
 INFORMATION,  AS  REQUIRED  PURSUANT  TO THIS SUBDIVISION, AGGREGATED BY
 LOCAL SOCIAL SERVICES  DISTRICTS  AND  FOSTER  CARE  SETTINGS.  FOR  THE
 PURPOSES  OF  THIS  SUBDIVISION, FOSTER CARE SETTINGS SHALL INCLUDE, BUT
 NOT BE LIMITED TO, FOSTER BOARDING HOMES, APPROVED RELATIVE HOMES, GROUP
 HOMES, GROUP RESIDENCES,  AGENCY  OPERATED  BOARDING  HOMES,  SUPERVISED
 INDEPENDENT  LIVING ARRANGEMENTS, THERAPEUTIC FOSTER CARE AND CHILD CARE
 INSTITUTIONS. THE REPORT SHALL INCLUDE,  BUT  NOT  BE  LIMITED  TO,  THE
 FOLLOWING INFORMATION:
   (I)  THE  TOTAL NUMBER OF YOUTH PLACED IN A FOSTER CARE SETTING AT THE
 TIME OF THE REPORT, AS WELL AS A COMPARISON TO THE TOTAL NUMBER OF YOUTH
 IN CARE SINCE THE PREVIOUS REPORT WAS SUBMITTED;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15302-01-2
 S. 8833                             2
 
   (II) THE REASONS WHY SUCH YOUTH HAVE BEEN  PLACED  IN  A  FOSTER  CARE
 SETTING,  WITH THE TOTAL NUMBER OF YOUTH PER CATEGORY AT THE TIME OF THE
 REPORT. SUCH REASONS SHALL INCLUDE, BUT NOT  BE  LIMITED  TO,  VOLUNTARY
 PLACEMENT  PURSUANT TO SECTION THREE HUNDRED FIFTY-EIGHT-A OF THIS CHAP-
 TER,  A TERMINATION OF PARENTAL RIGHTS PURSUANT TO SECTION THREE HUNDRED
 EIGHTY-FOUR-B OF THIS CHAPTER, PLACEMENTS PURSUANT TO ARTICLES  TEN  AND
 TEN-C OF THE FAMILY COURT ACT, OR PURSUANT TO A CONTRACT, GRANT OR OTHER
 AGREEMENT WITH THE FEDERAL GOVERNMENT;
   (III) TO THE EXTENT SUCH INFORMATION IS AVAILABLE, THE TOTAL NUMBER OF
 YOUTH PLACED IN A FOSTER CARE SETTING AT THE TIME OF THE REPORT THAT ARE
 IN  NEED  OF  OR  RECEIVING SPECIALIZED SERVICES, EITHER DUE TO A MENTAL
 HEALTH ILLNESS OR ANOTHER DISORDER THAT MAY REQUIRE ADDITIONAL  SUPPORTS
 AND SERVICES, INCLUDING SPECIALIZED EDUCATIONAL SERVICES;
   (IV)  TO  THE  EXTENT SUCH INFORMATION IS AVAILABLE, HOW MANY YOUTH AT
 THE TIME OF THE REPORT HAVE BEEN PREVIOUSLY  PLACED  IN  A  FOSTER  CARE
 SETTING IN THE STATE;
   (V)  THE  TOTAL NUMBER OF FOSTER FAMILIES THAT ARE CURRENTLY CERTIFIED
 IN THE STATE AT THE TIME OF THE  REPORT  AND  WHETHER  THAT  NUMBER  HAS
 INCREASED OR DECREASED SINCE THE PREVIOUS REPORT WAS SUBMITTED;
   (VI)  HOW  MANY  CHILDREN  AND/OR  FAMILIES  HAVE  RECEIVED PREVENTIVE
 SERVICES THROUGH A LOCAL SOCIAL SERVICES DISTRICT, AND OF THOSE CHILDREN
 AND/OR FAMILIES, HOW MANY YOUTH WERE SUCCESSFULLY  KEPT  OUT  OF  FOSTER
 CARE  DUE TO SUCH SERVICES WITHIN THE LAST CALENDAR YEAR FOR THE INITIAL
 REPORT, AND THEN SINCE THE PREVIOUS REPORT WAS SUBMITTED FOR ALL  SUBSE-
 QUENT REPORTS;
   (VII)  THE  TOTAL NUMBER OF PLACEMENT OPTIONS THAT HAVE BEEN CERTIFIED
 AS A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED BY  42  USCS  §
 672; AND
   (VIII)  THE  EFFORTS  THE STATE HAS TAKEN TO RECRUIT AND RETAIN FOSTER
 PARENTS IN THE STATE.
   § 3. This act shall take effect immediately.

2021-S8833A (ACTIVE) - Details

See Assembly Version of this Bill:: A9800
Current Committee:: Senate Social Services
Law Section:: Social Services Law
Laws Affected:: Rpld §2, Chap 11 of 2021; amd §17, Soc Serv L
Versions Introduced in 2023-2024 Legislative Session:: S5897, A2176

2021-S8833A (ACTIVE) - Summary

2021-S8833A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8833A

SPONSOR: BRISPORT
 
TITLE OF BILL:

An act to amend the social services law, in relation to reporting of
youth placed in foster care settings and recruitment of foster parents;
and to repeal section 2 of chapter 11 of the laws of 2021, relating to
directing the office of children and family services to make information
publicly available on the number of youth placed in foster care settings
and recruitment of foster parents and the effectiveness thereof

 
SUMMARY OF PROVISIONS:

Section one repeals section two of chapter 11 of the laws of 2021.

Section two amends section seventeen of the social services law by
adding a new subdivision to require a biannual report containing infor-
mation on (i) the total number of youth placed in foster care settings
in comparison to the number in the previous report, and whether such
youth have been previously placed in foster care settings in the state;
(ii) the reason why the youth were placed in such foster care settings;
(iii) what, if any, .specialized services youth placed in foster care

settings require to address mental health and other health and educa-
tional needs; and (iv) the total number of foster families certified in
the state at the time of the report, what efforts the state has taken to
increase the number of foster families, and the total number of place-
ment options certified as a qualified residential treatment program.

Section three provides the effective date

 
JUSTIFICATION:

A large but indeterminate number of immigrant children have been sepa-
rated from their parents by the federal office of Immigration and
Customs Enforcement (ICE) and then sent off to all points by the Office
of Refugee Resettlement. Many of these children are in the custody of
nonprofit children's protective and orphanage placement agencies in New
York State. Despite a federal court order to return the alien children
to their parents, there was no public or transparent record of the
number of such children separated from their parents, their status, or
what special mental health or educational needs they may have until late
2021 when the OCFS released its first report compelled by chapter 11 of
the laws of 2021.

This bill would make the frequency of type of report issued by OCFS at
the end of 2021 biannual to addresses the lack of information we have
about these children and provide better transparency about the whole of
the state's foster care system to ensure that the legislature and the
public have adequate information to ensure the best outcomes for chil-
dren in foster care.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.
 
EFFECTIVE DATE:
This law shall become effective immediately.

2021-S8833A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8833--A
 
                             I N  S E N A T E
 
                              April 22, 2022
                                ___________
 
 Introduced  by Sen. BRISPORT -- read twice and ordered printed, and when
   printed to be committed to the Committee on Social Services -- commit-
   tee discharged, bill amended, ordered reprinted as amended and  recom-
   mitted to said committee
 
 AN  ACT  to  amend  the social services law, in relation to reporting of
   youth placed  in  foster  care  settings  and  recruitment  of  foster
   parents;  and  to  repeal section 2 of chapter 11 of the laws of 2021,
   relating to directing the office of children and  family  services  to
   make  information  publicly available on the number of youth placed in
   foster care settings and recruitment of foster parents and the  effec-
   tiveness thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 2 of chapter 11 of the laws of  2021,  relating  to
 directing the office of children and family services to make information
 publicly available on the number of youth placed in foster care settings
 and  recruitment  of  foster  parents  and the effectiveness thereof, is
 REPEALED.
   § 2. Section 17 of the social services law is amended by adding a  new
 subdivision (l) to read as follows:
   (L)  SUBMIT A REPORT TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, THE
 TEMPORARY PRESIDENT OF THE SENATE, THE MINORITY LEADER OF  THE  ASSEMBLY
 AND  THE  MINORITY LEADER OF THE SENATE BEGINNING DECEMBER THIRTY-FIRST,
 TWO THOUSAND TWENTY-THREE, AND BIANNUALLY  THEREAFTER,  REGARDING  YOUTH
 PLACED  IN  FOSTER  CARE SETTINGS AND THE RECRUITMENT OF FOSTER PARENTS.
 SUCH REPORT SHALL BE MADE PUBLICLY AVAILABLE ONLINE  AND  SHALL  PROVIDE
 INFORMATION,  AS  REQUIRED  PURSUANT  TO THIS SUBDIVISION, AGGREGATED BY
 LOCAL SOCIAL SERVICES  DISTRICTS  AND  FOSTER  CARE  SETTINGS.  FOR  THE
 PURPOSES  OF  THIS  SUBDIVISION, FOSTER CARE SETTINGS SHALL INCLUDE, BUT
 NOT BE LIMITED TO, FOSTER BOARDING HOMES, APPROVED RELATIVE HOMES, GROUP
 HOMES, GROUP RESIDENCES,  AGENCY  OPERATED  BOARDING  HOMES,  SUPERVISED
 INDEPENDENT  LIVING ARRANGEMENTS, THERAPEUTIC FOSTER CARE AND CHILD CARE
 INSTITUTIONS. THE REPORT SHALL INCLUDE,  BUT  NOT  BE  LIMITED  TO,  THE
 FOLLOWING INFORMATION:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15302-03-2
 S. 8833--A                          2
 
   (I)  THE  TOTAL NUMBER OF YOUTH PLACED IN A FOSTER CARE SETTING AT THE
 TIME OF THE REPORT, AS WELL AS A COMPARISON TO THE TOTAL NUMBER OF YOUTH
 IN CARE SINCE THE PREVIOUS REPORT WAS SUBMITTED;
   (II)  THE  REASONS  WHY  SUCH  YOUTH HAVE BEEN PLACED IN A FOSTER CARE
 SETTING, WITH THE TOTAL NUMBER OF YOUTH PER CATEGORY AT THE TIME OF  THE
 REPORT.  SUCH  REASONS  SHALL  INCLUDE, BUT NOT BE LIMITED TO, VOLUNTARY
 PLACEMENT PURSUANT TO SECTION THREE HUNDRED FIFTY-EIGHT-A OF THIS  CHAP-
 TER,  A TERMINATION OF PARENTAL RIGHTS PURSUANT TO SECTION THREE HUNDRED
 EIGHTY-FOUR-B OF THIS CHAPTER, PLACEMENTS PURSUANT TO ARTICLES  TEN  AND
 TEN-C OF THE FAMILY COURT ACT, OR PURSUANT TO A CONTRACT, GRANT OR OTHER
 AGREEMENT WITH THE FEDERAL GOVERNMENT;
   (III) TO THE EXTENT SUCH INFORMATION IS AVAILABLE, THE TOTAL NUMBER OF
 YOUTH PLACED IN A FOSTER CARE SETTING AT THE TIME OF THE REPORT THAT ARE
 IN  NEED  OF  OR  RECEIVING SPECIALIZED SERVICES, EITHER DUE TO A MENTAL
 HEALTH ILLNESS OR ANOTHER DISORDER THAT MAY REQUIRE ADDITIONAL  SUPPORTS
 AND SERVICES, INCLUDING SPECIALIZED EDUCATIONAL SERVICES;
   (IV)  TO  THE  EXTENT SUCH INFORMATION IS AVAILABLE, HOW MANY YOUTH AT
 THE TIME OF THE REPORT HAVE BEEN PREVIOUSLY  PLACED  IN  A  FOSTER  CARE
 SETTING IN THE STATE;
   (V)  THE  TOTAL NUMBER OF FOSTER FAMILIES THAT ARE CURRENTLY CERTIFIED
 IN THE STATE AT THE TIME OF THE  REPORT  AND  WHETHER  THAT  NUMBER  HAS
 INCREASED OR DECREASED SINCE THE PREVIOUS REPORT WAS SUBMITTED;
   (VI)  HOW  MANY  CHILDREN  AND/OR  FAMILIES  HAVE  RECEIVED PREVENTIVE
 SERVICES THROUGH A LOCAL SOCIAL SERVICES DISTRICT, AND OF THOSE CHILDREN
 AND/OR FAMILIES, HOW MANY YOUTH WERE SUCCESSFULLY  KEPT  OUT  OF  FOSTER
 CARE  DUE TO SUCH SERVICES WITHIN THE LAST CALENDAR YEAR FOR THE INITIAL
 REPORT, AND THEN SINCE THE PREVIOUS REPORT WAS SUBMITTED FOR ALL  SUBSE-
 QUENT REPORTS;
   (VII)  THE  TOTAL NUMBER OF PLACEMENT OPTIONS THAT HAVE BEEN CERTIFIED
 AS A QUALIFIED RESIDENTIAL TREATMENT PROGRAM, AS DEFINED BY  42  USCS  §
 672; AND
   (VIII)  THE  EFFORTS  THE STATE HAS TAKEN TO RECRUIT AND RETAIN FOSTER
 PARENTS IN THE STATE.
   § 3. This act shall take effect immediately.

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