S T A T E   O F   N E W   Y O R K
________________________________________________________________________
                                  2494
                       2009-2010 Regular Sessions
                          I N  A S S E M B L Y
                            January 16, 2009
                               ___________
Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
  tee on Children and Families
AN ACT to amend the social services law, in relation to chemical testing
  for prospective foster care parents
  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:
  Section 1. Section 378 of the social services law is amended by adding
a new subdivision 6 to read as follows:
  6.  (A)  NO SUCH LICENSE OR CERTIFICATE SHALL BE AWARDED TO A PROSPEC-
TIVE FOSTER PARENT PRIOR TO CHEMICAL TESTING, INCLUDING, BUT NOT LIMITED
TO, DRUG AND ALCOHOL TESTING. NOTWITHSTANDING ANY OTHER PROVISION OF LAW
TO THE CONTRARY,  AN  APPLICATION  FOR  CERTIFICATION  OR  LICENSURE  OR
APPROVAL OF A PROSPECTIVE FOSTER PARENT SHALL BE DENIED WHERE SUCH CHEM-
ICAL  TESTING  REVEALS  A  POSITIVE PRESENCE OF DRUGS OR ALCOHOL IN SUCH
PROSPECTIVE FOSTER PARENT.
  (B) THE OFFICE OF CHILDREN AND  FAMILY  SERVICES  SHALL  ISSUE  RANDOM
CHEMICAL  TESTING TO FOSTER PARENTS, INCLUDING, BUT NOT LIMITED TO, DRUG
TESTING.
  S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00929-01-9