NY State Senate Bill S7584

Archive: Last Bill Status Via A7226 - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (11)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 21, 2016	signed chap.107
Jul 13, 2016	delivered to governor
Jun 08, 2016	returned to assembly passed senate 3rd reading cal.1369 substituted for s7584
Jun 08, 2016	substituted by a7226a
Jun 07, 2016	advanced to third reading
Jun 06, 2016	2nd report cal.
Jun 02, 2016	1st report cal.1369
May 10, 2016	referred to mental health and developmental disabilities

Votes

view votes

Jun 8, 2016 - floor Vote

A7226A

floor

Aye

Nay

Absent

Excused

Abstained

Jun 2, 2016 - Mental Health committee Vote

S7584

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

S7584 (ACTIVE) - Details

See Assembly Version of this Bill:: A7226
Law Section:: Executive Law
Laws Affected:: Amd §553, Exec L

S7584 (ACTIVE) - Summary

Relates to the authority of the justice center to visit, inspect and appraise the management of out-of-state schools or facilities.

S7584 (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S7584

 TITLE OF BILL :  An act to amend the executive law, in relation to
the authority of the justice center to visit, inspect and appraise the
management of out-of-state schools or facilities

 PURPOSE OF THE BILL :

This bill would authorize the Justice Center for the Protection of
People with Special Needs ("Justice Center") to visit, inspect and
appraise the management of residential schools and facilities outside
of New York State that serve New York residents.

 SUMMARY OF PROVISIONS :

Section 1 of the bill would amend Executive Law § 553(7)(a) to
authorize the Justice Center to visit, inspect and appraise the
management of schools and facilities located outside of New York State
that serve New York State residents.

Section 2 of the bill would make it effective immediately.

 EXISTING LAW :

Under Executive Law § 553(7)(a), the Justice Center has the authority
to visit, inspect and appraise the management of the facilities and

provider agencies defined in Social Services Law § 488(4). This
includes certain facilities and provider agencies operated, licensed
or certified by the Office of Mental Health, the Office for People
with Developmental Disabilities, the Office of Alcoholism and
Substance Abuse Services, the Office of Children and Family Services,
the Department of Health and the State Education Department. Social
Services Law § 491 requires mandated reporters to report alleged abuse
or neglect of vulnerable persons served by these facilities and
provider agencies to the Justice Center.

Allegations of abuse or neglect against New York residents who are
served by residential schools or facilities located outside of New
York State also are reportable to the Justice Center, and to the
applicable state oversight agency, local social services district
and/or local educational district, pursuant to Social Services Law §
490(5). However, these schools and facilities are not included within
the definition of facilities or provider agencies in Social Services
Law § 488(4). Nonetheless, under Social Services Law § 490(5)(b), when
the Justice Center receives a report of alleged abuse or neglect of a
resident being served by an out-of-state school or facility, the
Justice Center is authorized to investigate that allegation, or it may
delegate that responsibility to another agency or entity.

 PRIOR LEGISLATIVE HISTORY :

This is a new bill.

 STATEMENT IN SUPPORT :

Although Social Services Law § 490(5) expressly authorizes the Justice
Center to investigate a report that a New York resident receiving
services from a school or facility located outside of New York State
was an alleged victim of abuse or neglect, there is no explicit
statutory authority for the Justice Center to monitor the management
of these out-of-state schools or programs in the absence of an
allegation of abuse or neglect. As a result, questions have been
raised about whether the Justice Center may visit such a school or
facility to determine, for example, whether the school or facility is
complying with its obligation to report abuse or neglect.

In order to address this lack of clear authority, the Justice Center
has relied on authority delegated to it from state oversight agencies,
either through a general agreement or a specific Memorandum of
Understanding, in order to conduct monitoring visits to out-of-state
schools and facilities. This has allowed the Justice Center to visit
some out-of-state programs and to engage in monitoring activities at
those programs.

The State Education Department (SED) has, however, raised a concern
about its authority to delegate to the Justice Center the ability to
access certain types of information that are protected by the Family
Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR
Part 99), a Federal law that protects the privacy of student education
records. FERPA authorizes SED to access such records for audit and
evaluation purposes, and while SED is comfortable delegating this
monitoring authority to the Justice Center, it is concerned about the
propriety of delegating its right to access to these records when the
Justice Center does not have the explicit statutory authority to
conduct monitoring visits. This bill would address SED's concern by
clarifying that the Justice Center has the ability to "visit, inspect
and appraise" the management of out-of-state residential schools and
facilities, and would permit the Justice Center, on SED's behalf and
at its request, to conduct a comprehensive audit and evaluation of
these out-of-state schools and programs, even in the absence of a
report that a New York State resident has been the victim of alleged
abuse or neglect.

 BUDGET IMPLICATIONS :

This bill would be implemented within existing resources.

 LOCAL IMPACT :

None known.

 EFFECTIVE DATE :
This bill would take effect immediately.

S7584 (ACTIVE) - Bill Text download pdf

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

                                  7584

                            I N  S E N A T E

                              May 10, 2016
                               ___________

Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities

AN ACT to amend the executive law, in relation to the authority  of  the
  justice  center  to visit, inspect and appraise the management of out-
  of-state schools or facilities

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

  Section 1. Paragraph (a) of subdivision 7 of section 553 of the execu-
tive  law, as added by section 3 of part A of chapter 501 of the laws of
2012, is amended to read as follows:
  (a) To visit, inspect and appraise the  management  of  facilities  or
provider agencies as defined in subdivision four of section four hundred
eighty-eight of the social services law providing services to vulnerable
persons,  AND  RESIDENTIAL  SCHOOLS OR FACILITIES LOCATED OUTSIDE OF NEW
YORK STATE THAT ARE AT THAT TIME SERVING ANY RESIDENTS OF THE  STATE  OF
NEW YORK AS SET FORTH IN SUBDIVISION FIVE OF SECTION FOUR HUNDRED NINETY
OF THE SOCIAL SERVICES LAW, with specific attention to the safety, secu-
rity and quality of care provided to patients and residents;
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09608-03-5

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The New York State Senate

senate Bill S7584

Sponsored By

Archive: Last Bill Status Via A7226 - Signed by Governor

Your Voice

Actions

Votes

Jun 8, 2016 - floor Vote

Floor Vote: Jun 8, 2016

Jun 2, 2016 - Mental Health committee Vote

Mental Health Committee Vote: Jun 2, 2016

S7584 (ACTIVE) - Details

S7584 (ACTIVE) - Summary

S7584 (ACTIVE) - Sponsor Memo

S7584 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S7584

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Sponsored By

Robert G. Ortt

Archive: Last Bill Status Via A7226 - Signed by Governor

Your Voice

Actions

Votes

Jun 8, 2016 - floor Vote

Floor Vote: Jun 8, 2016

Jun 2, 2016 - Mental Health committee Vote

Mental Health Committee Vote: Jun 2, 2016

S7584 (ACTIVE) - Details

S7584 (ACTIVE) - Summary

S7584 (ACTIVE) - Sponsor Memo

S7584 (ACTIVE) - Bill Text download pdf

Comments