senate Bill S7339A

2013-2014 Legislative Session

Provides that out-of-home placement of child with emotional, behavioral or mental disorder, or a disability shall not be grounds for transfer of custody

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Archive: Last Bill Status -


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 23, 2014 print number 7339a
amend and recommit to children and families
May 13, 2014 referred to children and families

S7339 - Details

See Assembly Version of this Bill:
A2892A
Law Section:
Social Services Law
Laws Affected:
Amd §§358-a & 384-a, Soc Serv L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A2896
2009-2010: A3727

S7339 - Summary

Authorizes the court to 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; provides that the social services official shall maintain the care and custody for the child; provides that a social services official may accept a temporary placement of a child for the provision of necessary services for a child's emotional, behavioral or mental disorder, or mental or physical disability, without the transfer of custody, provided that the social services official shall maintain responsibility for the placement and care of the child; provides that the office of children and family services shall amend its internal policies, make every effort to ensure adherence to the provisions of this act (view more) requires the office of children and family services to provide reports to the governor and legislature.

S7339 - Sponsor Memo

S7339 - Bill Text download pdf

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

                                  7339

                            I N  S E N A T E

                              May 13, 2014
                               ___________

Introduced  by  Sen.  FELDER -- 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 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
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

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

S7339A (ACTIVE) - Details

See Assembly Version of this Bill:
A2892A
Law Section:
Social Services Law
Laws Affected:
Amd §§358-a & 384-a, Soc Serv L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A2896
2009-2010: A3727

S7339A (ACTIVE) - Summary

Authorizes the court to 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; provides that the social services official shall maintain the care and custody for the child; provides that a social services official may accept a temporary placement of a child for the provision of necessary services for a child's emotional, behavioral or mental disorder, or mental or physical disability, without the transfer of custody, provided that the social services official shall maintain responsibility for the placement and care of the child; provides that the office of children and family services shall amend its internal policies, make every effort to ensure adherence to the provisions of this act (view more) requires the office of children and family services to provide reports to the governor and legislature.

S7339A (ACTIVE) - Sponsor Memo

S7339A (ACTIVE) - Bill Text download pdf

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

                                 7339--A

                            I N  S E N A T E

                              May 13, 2014
                               ___________

Introduced  by  Sen.  FELDER -- read twice and ordered printed, and when
  printed to be committed to the Committee 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 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 THE TRANSFER  FOR  TEMPORARY  PLACEMENT  AND  CARE
BASED ON CHILD SERVICE NEEDS FOR THE PROVISION OF NECESSARY SERVICES FOR
THE CHILD'S EMOTIONAL, BEHAVIORAL OR MENTAL DISORDER, OR MENTAL OR PHYS-
ICAL  DISABILITY,  WITHOUT  THE TRANSFER OF CUSTODY, WHICH PROVIDES THAT
THE SOCIAL SERVICES  OFFICIAL  SHALL  MAINTAIN  RESPONSIBILITY  FOR  THE
TEMPORARY  PLACEMENT AND CARE OF THE CHILD. THE SOCIAL SERVICES DISTRICT
SHALL BE ASSIGNED OVERALL RESPONSIBILITY  FOR  TEMPORARY  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  APPROPRIATE-
NESS 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 INTERPRETATIONS.
  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  TRANSFER  FOR  TEMPORARY
PLACEMENT  AND  CARE  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 SHALL MAINTAIN RESPONSIBILITY FOR THE TEMPORARY
PLACEMENT AND CARE OF THE CHILD. THE SOCIAL SERVICES OFFICIAL  SHALL  BE
ASSIGNED  OVERALL RESPONSIBILITY FOR THE TEMPORARY PLACEMENT AND CARE OF

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

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