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
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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.