Senate Bill S1078

                                BILL NUMBER:S1078

TITLE OF BILL:
An act
to amend the social services law, in relation to
foster home decertification, application for
recertification, authorization for non-renewal,
notice of removal of a child, and other
required notices

PURPOSE:
To protect foster children from being placed in a home which has
previously been found to be unsuitable for providing care.

SUMMARY OF PROVISIONS:
Section 1 and 2 amend sections 376 and 377 of the Social Services Law,
by requiring that when an agency or local social services commissioner
is screening a prospective foster parent to be certified or licensed,
the agency or local commissioner must inquire with OCFS whether the
applicant has ever been a foster parent before, and, if so, whether the
certificate or license was revoked, not renewed, or a child was removed
from the home. If any of these instances have occurred, the agency or
commissioner must evaluate the circumstances and the reason(s) for such
action, to determine whether a certificate should be issued and the home
reopened.

              

Section 3 amends section 379 of the Social Services law, by adding
non-renewal of certificates and licenses and removal of a child, as
instances for notification to OCFS.

EXISTING LAW:
Currently, under section 379 of the Social Service Law, the only
requirement to notify OCFS is when a certification or license is
revoked. The law does not require that OCFS be informed as to the
reason(s) why the certification or license was revoked. There is no
statutory requirement for agencies or local social services
commissioners to make an inquiry to OCFS regarding an applicant's prior
history as a foster parent, before issuing a new certificate or license.

JUSTIFICATION:
When a child enters fostercare, the state assumes the responsibility of
providing a safe and secure environment for the child. However, this is
not always the case. According to agency reports and hearing testimony,
there continues to be instances where children are further abused or
even killed by their foster parents.

State statute and regulations currently set screening requirements for
prospective foster parents, including a check against the Statewide
Central Registry of Child Abuse and Maltreatment (The Child Abuse
Hotline), which houses data on reports of abuse and maltreatment against
individuals, including foster parents. However, such a check will only
provide information for reported and investigated cases.

In some cases, when a foster parent is suspected of not providing a safe
and secure environment, the caseworker will remove the child or children
from the home, but will not revoke the certificate or license, or report


the foster parent to the Child Abuse Hotline. Rather, the home remains
open with no children placed there by the agency. Then, when the home is
up for annual renewal, the agency simply does not renew their
certification.

In such cases, the foster parent may simply apply to another agency to
take foster children. Without a formal mechanism in place to check on
the prior history of the applicant and to follow up with any previous
agencies, the new agency could certify the applicant without ever
knowing about prior problems, and as a result, place more children in
jeopardy.

OCFS does currently have a mechanism for checking information on
prospective foster parents. OCFS' computerized foster parent registry is
intended to house information on all current and former foster parents.
Internal policies direct caseworkers to check the registry before a new
foster parent can be certified and added to the system. However, there
is no formal guidance as to how to evaluate any problems. Further, the
system contains limited information on the reason(s) a home was closed
or a child removed.

This bill would address these gaps by requiring that OCFS maintain a
history of removals, revocations, and non-renewals of certificates and
licenses, including the reason for such actions. It further directs OCFS
to establish regulations to help agencies and local social service
commissioners evaluate the circumstances around such actions, and decide
whether to reopen the home. Similar regulations and procedures already
exist for evaluating indicated reports from the Child Abuse Hotline and
instances where applicants have a criminal history.

LEGISLATIVE HISTORY:
2009/10:  S.1078 - Died in Codes
2008:     S.1500 - Referred to Social Services, Children & Families
2007/08:  S.1500 - Referred to Social Services, Children & Families
2006:     S.2331/A.4373 - Passed Assembly
2003/04:  S.4803/A.4530 - Passed Assembly
2001-02:  A.6761-A - Passed Assembly
1999-00:  A.5591 - Passed Assembly

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on 180th day after it shall become law,
provided however, that effective immediately, the addition, amendment
and/or repeal of any rules or regulations necessary for the
implementation of the forgoing sections of this act on its effective
date are authorized and directed to be made and completed on or before
such effective date.