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

                                  1345

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

Introduced  by Sens. DILAN, DIAZ, HASSELL-THOMPSON, PARKER -- read twice
  and ordered printed, and when printed to be committed to the Committee
  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OR APPROVAL AND, IF SO, WHETHER THE CERTIFICATE, LICENSE OR APPROVAL WAS
REVOKED,  NOT  RENEWED,  OR  A  CHILD WAS REMOVED FROM THE HOME, AND THE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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02668-01-1

S. 1345                             2
              

  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
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.