NY State Assembly Bill 2011-A10143

Assembly Bill A10143

2011-2012 Legislative Session

Provides for notification to the state when a foster home is decertified, not renewed or a child is removed; requires evaluation to determine if home be re-opened

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Archive: Last Bill Status - In Senate Committee Rules 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 14, 2012	referred to rules delivered to senate passed assembly ordered to third reading rules cal.240 rules report cal.240 reported
Jun 11, 2012	reported referred to rules
Jun 07, 2012	print number 10143a
Jun 07, 2012	amend and recommit to children and families
May 09, 2012	referred to children and families

Bill Amendments

Original

A (Active)

2011-A10143 - Details

See Senate Version of this Bill:: S1345
Current Committee:: Senate Rules
Law Section:: Social Services Law
Laws Affected:: Amd §§376, 377 & 379, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1078
2013-2014: A2178, A8474, S417

2011-A10143 - Summary

Provides for notification to the state when a foster home is decertified, not renewed or a child is removed; requires evaluation to determine if certificate should be issued and the home be re-opened.

2011-A10143 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10143

                          I N  A S S E M B L Y

                               May 9, 2012
                               ___________

Introduced  by M. of A. ESPINAL -- read once and referred to the Commit-
  tee on Children and Families

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

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 376 of the social services law, as
amended  by  chapter  677  of  the  laws  of 1985, is amended to read as
follows:
  1. An authorized agency which shall board  out  any  [child/or]  CHILD
AND/OR  minor  under the age of eighteen years shall issue to the person
receiving such child and/or minor for board a  certificate  to  receive,
board or keep a [child/or]  CHILD AND/OR minor under the age of eighteen
years.  Prior to issuing such certificate, the agency shall require that
an applicant set forth: his or her employment history, provide  personal
and  employment references and sign a sworn statement indicating whether
the applicant, to the best of  his  or  her  knowledge,  has  ever  been
convicted of a crime in this state or any other jurisdiction.  THE AGEN-
CY  SHALL  ALSO INQUIRE OF THE OFFICE OF CHILDREN AND FAMILY SERVICES AS
TO WHETHER THE APPLICANT HAS EVER HELD SUCH A CERTIFICATE, OR A  LICENSE
OR APPROVAL AND, IF SO, WHETHER THE CERTIFICATE, LICENSE OR APPROVAL WAS
REVOKED,  NOT  RENEWED,  OR  A  CHILD WAS REMOVED FROM THE HOME, AND THE
REASON THEREFOR. IN  SUCH  INSTANCES,  THE  AGENCY  SHALL  EVALUATE  THE
CIRCUMSTANCES,  PURSUANT  TO  REGULATIONS  ESTABLISHED BY THE OFFICE, TO
DETERMINE WHETHER A CERTIFICATE SHOULD BE ISSUED AND THE HOME RE-OPENED.
Not until all inquiries are completed and  evaluated  shall  the  agency
cause such certificate to be issued.
  S  2.  Subdivision  1  of  section  377 of the social services law, as
amended by chapter 677 of the laws  of  1985,  is  amended  to  read  as
follows:
  1. Application for a license to receive, board or keep any child shall
be made in writing to the commissioner of [social services] CHILDREN AND
FAMILY  SERVICES  in  and  for  the social services district wherein the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD02668-01-1

A. 10143                            2

premises to be licensed are located, in the form and  manner  prescribed
by  the  [department]  OFFICE  OF  CHILDREN  AND  FAMILY SERVICES.   The
[department] OFFICE shall require that an applicant set forth:   his  or
her  employment  history, provide personal and employment references and
sign a sworn statement indicating whether, to the best  of  his  or  her
knowledge, he or she has ever been convicted of a crime in this state or
any  other  jurisdiction.    SUCH COMMISSIONER SHALL ALSO INQUIRE OF THE
OFFICE AS TO WHETHER THE APPLICANT HAS EVER HELD SUCH A  LICENSE,  OR  A
CERTIFICATE OR APPROVAL, AND, IF SO, WHETHER THE LICENSE, CERTIFICATE OR
APPROVAL WAS REVOKED, NOT RENEWED, OR A CHILD WAS REMOVED FROM THE HOME,
AND  THE  REASON  THEREFOR.  IN  SUCH INSTANCES, SUCH COMMISSIONER SHALL
EVALUATE THE CIRCUMSTANCES, PURSUANT TO REGULATIONS ESTABLISHED  BY  THE
OFFICE,  TO  DETERMINE  WHETHER  A LICENSE SHOULD BE ISSUED AND THE HOME
RE-OPENED. Not until all inquiries are  completed  and  evaluated  shall
[the]  SUCH  commissioner  [of social services] cause such license to be
issued.
  S 3. Section 379 of the social services law, as amended by chapter 945
of the laws of 1971, subdivision 2 as amended by chapter 555 of the laws
of 1978, is amended to read as follows:
  S 379. Revocation AND NON-RENEWAL of  certificates  and  licenses  AND
REMOVAL  OF A CHILD; NOTIFICATION TO OFFICE. 1. A certificate or license
to receive, board or keep any child and/or minor under the age of  eigh-
teen  years  may  be  revoked  for cause by the authorized agency or the
commissioner of [social services] THE  OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES  by  which it was issued and any such certificate or license to
receive, board or keep any child may be revoked for cause by the commis-
sioner OF THE OFFICE OF CHILDREN AND FAMILY SERVICES.
  2. An agency revoking OR NOT RENEWING any such certificate and a LOCAL
commissioner of social  services  revoking  OR  NOT  RENEWING  any  such
license  shall  notify  the  [department]  OFFICE OF CHILDREN AND FAMILY
SERVICES of such [revocation] ACTION at once, AND THE REASON THEREFOR.
  3. ANY TIME AN AGENCY OR LOCAL COMMISSIONER OF SOCIAL SERVICES REMOVES
A CHILD FROM A CERTIFIED OR LICENSED HOME, SUCH AGENCY  OR  COMMISSIONER
SHALL  NOTIFY  THE OFFICE OF CHILDREN AND FAMILY SERVICES OF THE REMOVAL
AND THE REASON THEREFOR.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law, provided, however, that effective immediate-
ly, the addition, amendment and/or repeal of any  rules  or  regulations
necessary  for  the implementation of the foregoing sections of this act
on its effective  date  is  authorized  and  directed  to  be  made  and
completed on or before such effective date.

co-Sponsors

2011-A10143A (ACTIVE) - Details

See Senate Version of this Bill:: S1345
Current Committee:: Senate Rules
Law Section:: Social Services Law
Laws Affected:: Amd §§376, 377 & 379, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1078
2013-2014: A2178, A8474, S417

2011-A10143A (ACTIVE) - Summary

2011-A10143A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                10143--A

                          I N  A S S E M B L Y

                               May 9, 2012
                               ___________

Introduced  by M. of A. ESPINAL -- read once and referred to the Commit-
  tee on Children and Families -- committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

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

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 376 of the social services law, as
amended by chapter 677 of the laws  of  1985,  is  amended  to  read  as
follows:
  1.  An  authorized  agency  which shall board out any [child/or] CHILD
AND/OR minor under the age of eighteen years shall issue to  the  person
receiving  such  child  and/or minor for board a certificate to receive,
board or keep a [child/or]  CHILD AND/OR minor under the age of eighteen
years. Prior to issuing such certificate, the agency shall require  that
an  applicant set forth: his or her employment history, provide personal
and employment references and sign a sworn statement indicating  whether
the  applicant,  to  the  best  of  his  or her knowledge, has ever been
convicted of a crime in this state or any other jurisdiction.  THE AGEN-
CY SHALL DETERMINE WHETHER THE APPLICANT HAS EVER HELD  SUCH  A  CERTIF-
ICATE,  OR  A  LICENSE  OR APPROVAL AND, IF SO, WHETHER THE CERTIFICATE,
LICENSE OR APPROVAL WAS REVOKED, NOT RENEWED, OR  A  CHILD  WAS  REMOVED
FROM  THE  HOME,  AND THE REASON THEREFOR. IN SUCH INSTANCES, THE AGENCY
SHALL EVALUATE THE CIRCUMSTANCES, PURSUANT TO REGULATIONS ESTABLISHED BY
THE OFFICE, TO DETERMINE WHETHER A CERTIFICATE SHOULD BE ISSUED AND  THE
HOME  RE-OPENED.  Not  until  all  inquiries are completed and evaluated
shall the agency cause such certificate to be issued.
  S 2. Subdivision 1 of section 377  of  the  social  services  law,  as
amended  by  chapter  677  of  the  laws  of 1985, is amended to read as
follows:
  1. Application for a license to receive, board or keep any child shall
be made in writing to the commissioner of social services in and for the
social services  district  wherein  the  premises  to  be  licensed  are

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD02668-02-2

A. 10143--A                         2

located, in the form and manner prescribed by the [department] OFFICE OF
CHILDREN  AND  FAMILY  SERVICES.   The [department] OFFICE shall require
that an applicant set forth:   his or her  employment  history,  provide
personal and employment references and sign a sworn statement indicating
whether,  to  the  best of his or her knowledge, he or she has ever been
convicted of a crime in this state  or  any  other  jurisdiction.    THE
COMMISSIONER  SHALL  ALSO  DETERMINE WHETHER THE APPLICANT HAS EVER HELD
SUCH A LICENSE, OR A CERTIFICATE OR APPROVAL, AND, IF  SO,  WHETHER  THE
LICENSE,  CERTIFICATE  OR  APPROVAL WAS REVOKED, NOT RENEWED, OR A CHILD
WAS REMOVED FROM THE HOME, AND THE REASON THEREFOR. IN  SUCH  INSTANCES,
THE  COMMISSIONER  SHALL  EVALUATE  THE CIRCUMSTANCES, PURSUANT TO REGU-
LATIONS ESTABLISHED BY THE OFFICE, TO DETERMINE WHETHER A LICENSE SHOULD
BE ISSUED AND THE HOME RE-OPENED. Not until all inquiries are  completed
and  evaluated  shall  the  commissioner  of  social services cause such
license to be issued.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law, provided, however, that effective immediate-
ly, the addition, amendment and/or repeal of any  rules  or  regulations
necessary  for  the implementation of the foregoing sections of this act
on its effective  date  is  authorized  and  directed  to  be  made  and
completed on or before such effective date.

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