NY State Senate Bill S1636A

Archive: Last Bill Status - Passed Senate

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In Committee
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Actions

view actions (17)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 04, 2016	referred to judiciary delivered to assembly passed senate
Mar 07, 2016	advanced to third reading
Mar 02, 2016	2nd report cal.
Mar 01, 2016	1st report cal.295
Jan 06, 2016	referred to judiciary returned to senate died in assembly
May 20, 2015	referred to judiciary delivered to assembly passed senate
Apr 27, 2015	amended on third reading 1636a
Mar 02, 2015	advanced to third reading
Feb 26, 2015	2nd report cal.
Feb 25, 2015	1st report cal.112
Jan 13, 2015	referred to judiciary

Votes

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S1636 - Details

See Assembly Version of this Bill:: A3683
Current Committee:: Assembly Judiciary
Law Section:: Judiciary Law
Laws Affected:: Add Art 21-C §§849-l - 849-p, Judy L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7536, A10031
2017-2018: S2059, A1050

S1636 - Summary

Establishes a court-appointed special advocates program to aid family court efforts to promote the health, safety and well-being of children; provides aid to non-profit programs which provide assistance to family courts.

S1636 - Sponsor Memo

BILL NUMBER:S1636

TITLE OF BILL:  An act to amend the judiciary law, in relation to the
court-appointed special advocates program

PURPOSE OR GENERAL IDEA OF BILL:

To establish the Court Appointed Special Advocates program (CASA) in
statute and codify existing Office of Court Administration (OCA) rules
pertaining to CASA.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Legislative intent.

Section 2: Creates a new article 21-C in the judiciary law known as
the Court Appointed Special Advocates Program.

Section 3: Effective date.

JUSTIFICATION:

The Court Appointed Special Advocates (CASA) program was established
by the Office of Court Administration in 1991 under the Task Force on
Permanency Planning to promote and support trained community volunteer
advocacy programs. The role of CASA is to assist Family Courts in

making crucial decisions affecting children who have been abused and
neglected. The Association incorporated in 1995 as an independent
not-for-profit, 501(c)(3) organization. There are 21 local CASA
programs providing services to the family courts in 31 counties.

All CASA programs strive to achieve the same goal: to ensure that
every abused and neglected child be placed in a safe, permanent home
while taking into consideration each of their emotional, educational
and physical needs. CASA volunteers are screened, trained and
supervised in their activities. They come from a variety of
professional, educational and ethnic backgrounds. By being assigned
only one or two cases at a time, the CASA volunteer can dedicate a
sufficient amount of time and energy to fully explore the history of
each assigned child and engage in dialogue directly with the child,
parents, foster parents, family members, attorneys, case workers,
neighbors, school officials, and others involved in the child's life.
After this process is completed, the volunteer typically submits a
report of recommendations to the Family Court Judge. This report is
instrumental in helping the judge determine whether the child should
stay with his or her parents, be placed in foster care or be freed for
adoption.

This bill is enabling legislation that codifies the CASA program and
accompanying OCA regulations. By doing so, it makes clear the
Legislature's support for the program, provides a consistent
interpretation of CASA's role within the Family Court and strengthens
CASA's standing in its important work on behalf of abused and
neglected children in the State's foster care system.

LEGISLATIVE HISTORY:


S.7536 of 2014: Passed Senate; Died in Assembly Judiciary Committee

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

S1636 - Bill Text download pdf

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

                                  1636

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 13, 2015
                               ___________

Introduced  by  Sens. BONACIC, CARLUCCI, GALLIVAN, KENNEDY -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Judiciary

AN ACT to amend the judiciary law, in relation  to  the  court-appointed
  special advocates program

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

  Section 1. The purpose of this act is to recognize the important  role
long  played  by  court-appointed special advocates ("CASA") programs in
aiding family court efforts to promote the health, safety and well-being
of children; and to ensure that, going forward, CASA programs are  suit-
ably  structured,  administered  and funded so that they may continue to
provide appropriate services to children and families through its  dedi-
cated volunteers.
  S 2. The judiciary law is amended by adding a new article 21-C to read
as follows:
                               ARTICLE 21-C
                COURT-APPOINTED SPECIAL ADVOCATES PROGRAM
SECTION 849-L. GENERAL PURPOSE.
        849-M. ADMINISTRATION.
        849-N. STATE ASSISTANCE.
        849-O. IMMUNITY.
        849-P. CONFIDENTIALITY.
  S 849-L. GENERAL PURPOSE. THE LEGISLATURE HEREBY RECOGNIZES THE IMPOR-
TANCE OF COURT-APPOINTED SPECIAL ADVOCATES (CASA) PROGRAMS TO THE EFFEC-
TIVE  OPERATION  OF  THE  FAMILY COURT. ACCORDINGLY, IT DIRECTS THAT, AS
PROVIDED IN THIS ARTICLE, THESE PROGRAMS SHALL BE SUBJECT TO ADMINISTRA-
TIVE SUPERVISION AND ELIGIBLE FOR STATE ASSISTANCE. FOR PURPOSES OF THIS
ARTICLE, A CASA PROGRAM  SHALL  MEAN  A  NOT-FOR-PROFIT  CORPORATION  IN
COMPLIANCE  WITH  SUCH  STANDARDS AS ARE SPECIFIED IN RULES OF THE CHIEF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03046-01-5

S. 1636                             2

JUDGE OF THE STATE PROMULGATED PURSUANT TO SECTION EIGHT HUNDRED  FORTY-
NINE-M OF THIS ARTICLE.
  S 849-M. ADMINISTRATION. THE CHIEF JUDGE OF THE STATE SHALL PROMULGATE
RULES  AND  REGULATIONS STANDARDIZING USE OF CASA PROGRAMS IN THIS STATE
AND GOVERNING THE ADMINISTRATION AND OPERATION OF SUCH PROGRAMS. NO CASA
PROGRAM, OR ANY STAFF PERSON OR VOLUNTEER WORKING FOR OR  ON  BEHALF  OF
SUCH  PROGRAM,  SHALL  BE  ELIGIBLE FOR APPOINTMENT BY A FAMILY COURT TO
ASSIST SUCH COURT IN ANY MANNER UNLESS SUCH  PROGRAM  IS  IN  COMPLIANCE
WITH  SUCH  RULES  AND  REGULATIONS.  NOR SHALL ANY CASA PROGRAM, OR ANY
STAFF PERSON OR VOLUNTEER WORKING FOR OR ON BEHALF OF SUCH PROGRAM, UPON
APPOINTMENT BY A FAMILY COURT TO ASSIST SUCH COURT IN ANY MANNER,  EXER-
CISE  ANY POWERS OR DISCHARGE ANY DUTIES IN RELATION THERETO UNLESS SUCH
COURT HAS AUTHORIZED SUCH EXERCISE OR DISCHARGE.
  S 849-N. STATE ASSISTANCE.  1.  THERE  SHALL  BE  A  STATE  ASSISTANCE
PROGRAM,  TO  BE KNOWN AS THE CASA ASSISTANCE PROGRAM, PURSUANT TO WHICH
INDIVIDUAL CASA PROGRAMS MAY APPLY FOR AND  RECEIVE  FUNDING  FROM  SUCH
APPROPRIATIONS  AS  THE  LEGISLATURE  MAY MAKE AVAILABLE THEREFOR TO THE
UNIFIED COURT SYSTEM.
  2. THE CASA ASSISTANCE PROGRAM SHALL  BE  ADMINISTERED  BY  THE  CHIEF
ADMINISTRATOR OF THE COURTS, WHO SHALL PRESCRIBE APPLICATION AND PAYMENT
PROCEDURES,  STANDARDS TO GOVERN THE AWARD OF FUNDING, AND PROTOCOLS FOR
ONGOING REVIEW OF CASA PROGRAMS THAT RECEIVE FUNDS HEREUNDER,  INCLUDING
PROVISION FOR PERIODIC PROGRAM REVIEW AND RECORDS RETENTION.
  3.  FUNDS  AVAILABLE  PURSUANT  TO  THIS  ARTICLE  MAY BE USED FOR ANY
PURPOSE HAVING AS ITS END ENHANCEMENT OF A  CASA  PROGRAM'S  ABILITY  TO
PROVIDE SUITABLE AND SUFFICIENT ASSISTANCE TO THE FAMILY COURT.
  4. THE STATE COMPTROLLER, THE CHIEF ADMINISTRATOR AND THEIR AUTHORIZED
REPRESENTATIVES  SHALL  HAVE THE POWER TO INSPECT, EXAMINE AND AUDIT THE
FISCAL AFFAIRS OF ANY CASA PROGRAM RECEIVING FUNDING HEREUNDER.
  S 849-O. IMMUNITY. EACH BOARD MEMBER, OFFICER, EMPLOYEE AND  VOLUNTEER
WORKING  FOR OR ON BEHALF OF A CASA PROGRAM, WHILE PARTICIPATING IN GOOD
FAITH WITHIN THE SCOPE OF HIS OR HER EMPLOYMENT THEREBY  OR  APPOINTMENT
THEREUNDER,  SHALL  HAVE IMMUNITY FROM ANY LIABILITY, CIVIL OR CRIMINAL,
THAT MIGHT OTHERWISE RESULT BY REASON OF HIS OR HER ACTION OR  INACTION.
FOR  PURPOSES  OF THIS SECTION, THE GOOD FAITH OF ANY SUCH BOARD MEMBER,
OFFICER, EMPLOYEE AND VOLUNTEER SHALL BE PRESUMED, PROVIDED THAT  HE  OR
SHE  WAS  EXERCISING  HIS OR HER POWERS OR DISCHARGING HIS OR HER DUTIES
WITHIN THE SCOPE OF HIS OR HER EMPLOYMENT OR APPOINTMENT, AND THAT  SUCH
LIABILITY DID NOT RESULT FROM THE WILLFUL MISCONDUCT OR GROSS NEGLIGENCE
OF SUCH BOARD MEMBER, OFFICER, EMPLOYEE AND VOLUNTEER.
  S 849-P. CONFIDENTIALITY. EACH CASA PROGRAM SHALL SAFEGUARD THE CONFI-
DENTIALITY OF ALL INFORMATION AND MATERIAL IN ACCORDANCE WITH APPLICABLE
STATE  AND  FEDERAL LAWS, RULES AND REGULATIONS; AND, TO THIS END, SHALL
ENSURE THAT ALL OF ITS BOARD MEMBERS, OFFICERS, EMPLOYEES AND VOLUNTEERS
ARE TRAINED IN, AND COMPLY WITH, SUCH LAWS, RULES AND REGULATIONS.
  S 3. This act shall take effect immediately.

Co-Sponsors

S1636A (ACTIVE) - Details

See Assembly Version of this Bill:: A3683
Current Committee:: Assembly Judiciary
Law Section:: Judiciary Law
Laws Affected:: Add Art 21-C §§849-l - 849-p, Judy L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7536, A10031
2017-2018: S2059, A1050

S1636A (ACTIVE) - Summary

S1636A (ACTIVE) - Sponsor Memo

BILL NUMBER:S1636A

TITLE OF BILL:

An act to amend the judiciary law, in relation to the court-appointed
special advocates program

PURPOSE OR GENERAL IDEA OF BILL:

To establish the Court Appointed Special Advocates program (CASA) in
statute and codify existing Office of Court Administration (OCA) rules
pertaining to CASA.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1:  Legislative intent.

Section 2: Creates a new article 21-C in the judiciary law known as
the Court Appointed Special Advocates Program.

Section 3: Effective date.

JUSTIFICATION:

The Court Appointed Special Advocates (CASA) program was established
by the Office of Court Administration in 1991 under the Task Force on

Permanency Planning to promote and support trained community volunteer
advocacy programs. The role of CASA is to assist Family Courts in
making crucial decisions affecting children who have been abused and
neglected. The Association incorporated in 1995 as an independent
not-for-profit, 501(c)(3) organization. There are 21 local CASA
programs providing services to the family courts in 31 counties.

All CASA programs strive to achieve the same goal: to ensure that
every abused and neglected child be placed in a safe, permanent home
while taking into consideration each of their emotional, educational
and physical needs. CASA volunteers are screened, trained and
supervised in their activities. They come from a variety of
professional, educational and ethnic backgrounds. By being assigned
only one or two cases at a time, the CASA volunteer can dedicate a
sufficient amount of time and energy to fully explore the history of
each assigned child and engage in dialogue directly with the child,
parents, foster parents, family members, attorneys, case workers,
neighbors, school officials, and others involved in the child's life.
After this process is completed, the volunteer typically submits a
report of recommendations to the Family Court Judge. This report is
instrumental in helping the judge determine whether the child should
stay with his or her parents, be placed in foster care or be freed for
adoption.

This bill is enabling legislation that codifies the CASA program and
accompanying OCA regulations. By doing so, it makes clear the
Legislature's support for the program, provides a consistent
interpretation of CASA's role within the Family Court and strengthens
CASA's standing in its important work on behalf of abused and
neglected children in the State's foster care system.


LEGISLATIVE HISTORY:

S.7536 of 2014: Passed Senate; Died in Assembly Judiciary Committee

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

S1636A (ACTIVE) - Bill Text download pdf

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

                                 1636--A
    Cal. No. 112

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 13, 2015
                               ___________

Introduced  by  Sens. BONACIC, CARLUCCI, GALLIVAN, KENNEDY -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Judiciary -- reported favorably from  said  committee,  ordered  to
  first  and  second  report,  ordered  to  a third reading, amended and
  ordered reprinted, retaining its place in the order of third reading

AN ACT to amend the judiciary law, in relation  to  the  court-appointed
  special advocates program

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

  Section 1. The purpose of this act is to recognize the important  role
long  played  by  court-appointed special advocates ("CASA") programs in
aiding family court efforts to promote the health, safety and well-being
of children; and to ensure that, going forward, CASA programs are  suit-
ably  structured,  administered  and funded so that they may continue to
provide appropriate services to children and families through its  dedi-
cated volunteers.
  S 2. The judiciary law is amended by adding a new article 21-C to read
as follows:
                               ARTICLE 21-C
                COURT-APPOINTED SPECIAL ADVOCATES PROGRAM
SECTION 849-L. GENERAL PURPOSE.
        849-M. ADMINISTRATION.
        849-N. STATE ASSISTANCE.
        849-O. IMMUNITY.
        849-P. CONFIDENTIALITY.
  S 849-L. GENERAL PURPOSE. THE LEGISLATURE HEREBY RECOGNIZES THE IMPOR-
TANCE OF COURT-APPOINTED SPECIAL ADVOCATES (CASA) PROGRAMS TO THE EFFEC-
TIVE  OPERATION  OF  THE  FAMILY COURT. ACCORDINGLY, IT DIRECTS THAT, AS
PROVIDED IN THIS ARTICLE, THESE PROGRAMS SHALL BE SUBJECT TO ADMINISTRA-
TIVE SUPERVISION AND ELIGIBLE FOR STATE ASSISTANCE. FOR PURPOSES OF THIS
ARTICLE, A CASA PROGRAM  SHALL  MEAN  A  NOT-FOR-PROFIT  CORPORATION  IN

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

                                                           LBD03046-02-5

S. 1636--A                          2

COMPLIANCE  WITH  SUCH  STANDARDS AS ARE SPECIFIED IN RULES OF THE CHIEF
JUDGE OF THE STATE PROMULGATED PURSUANT TO SECTION EIGHT HUNDRED  FORTY-
NINE-M OF THIS ARTICLE.
  S 849-M. ADMINISTRATION. THE CHIEF JUDGE OF THE STATE SHALL PROMULGATE
RULES  AND  REGULATIONS STANDARDIZING USE OF CASA PROGRAMS IN THIS STATE
AND GOVERNING THE ADMINISTRATION AND OPERATION OF SUCH PROGRAMS. NO CASA
PROGRAM, OR ANY STAFF PERSON OR VOLUNTEER WORKING FOR OR  ON  BEHALF  OF
SUCH  PROGRAM,  SHALL  BE  ELIGIBLE FOR APPOINTMENT BY A FAMILY COURT TO
ASSIST SUCH COURT IN ANY MANNER UNLESS SUCH  PROGRAM  IS  IN  COMPLIANCE
WITH  SUCH  RULES  AND  REGULATIONS.  NOR SHALL ANY CASA PROGRAM, OR ANY
STAFF PERSON OR VOLUNTEER WORKING FOR OR ON BEHALF OF SUCH PROGRAM, UPON
APPOINTMENT BY A FAMILY COURT TO ASSIST SUCH COURT IN ANY MANNER,  EXER-
CISE  ANY POWERS OR DISCHARGE ANY DUTIES IN RELATION THERETO UNLESS SUCH
COURT HAS AUTHORIZED SUCH EXERCISE OR DISCHARGE.
  S 849-N. STATE ASSISTANCE.  1.  THERE  SHALL  BE  A  STATE  ASSISTANCE
PROGRAM,  TO  BE KNOWN AS THE CASA ASSISTANCE PROGRAM, PURSUANT TO WHICH
INDIVIDUAL CASA PROGRAMS MAY APPLY FOR AND  RECEIVE  FUNDING  FROM  SUCH
APPROPRIATIONS  AS  THE  LEGISLATURE  MAY MAKE AVAILABLE THEREFOR TO THE
UNIFIED COURT SYSTEM.
  2. THE CASA ASSISTANCE PROGRAM SHALL  BE  ADMINISTERED  BY  THE  CHIEF
ADMINISTRATOR OF THE COURTS, WHO SHALL PRESCRIBE APPLICATION AND PAYMENT
PROCEDURES,  STANDARDS TO GOVERN THE AWARD OF FUNDING, AND PROTOCOLS FOR
ONGOING REVIEW OF CASA PROGRAMS THAT RECEIVE FUNDS HEREUNDER,  INCLUDING
PROVISION FOR PERIODIC PROGRAM REVIEW AND RECORDS RETENTION.
  3.  FUNDS  AVAILABLE  PURSUANT  TO  THIS  ARTICLE  MAY BE USED FOR ANY
PURPOSE HAVING AS ITS END ENHANCEMENT OF A  CASA  PROGRAM'S  ABILITY  TO
PROVIDE SUITABLE AND SUFFICIENT ASSISTANCE TO THE FAMILY COURT.
  4. THE STATE COMPTROLLER, THE CHIEF ADMINISTRATOR AND THEIR AUTHORIZED
REPRESENTATIVES  SHALL  HAVE THE POWER TO INSPECT, EXAMINE AND AUDIT THE
FISCAL AFFAIRS OF ANY CASA PROGRAM RECEIVING FUNDING HEREUNDER.
  S 849-O. IMMUNITY. EACH BOARD MEMBER, OFFICER, EMPLOYEE AND  VOLUNTEER
WORKING  FOR OR ON BEHALF OF A CASA PROGRAM, WHILE PARTICIPATING REASON-
ABLY AND IN GOOD FAITH WITHIN THE SCOPE OF HIS OR HER EMPLOYMENT THEREBY
OR APPOINTMENT THEREUNDER, SHALL HAVE IMMUNITY FROM ANY LIABILITY, CIVIL
OR CRIMINAL, THAT MIGHT OTHERWISE RESULT BY REASON OF HIS OR HER  ACTION
OR INACTION.
  S 849-P. CONFIDENTIALITY. EACH CASA PROGRAM SHALL SAFEGUARD THE CONFI-
DENTIALITY OF ALL INFORMATION AND MATERIAL IN ACCORDANCE WITH APPLICABLE
STATE  AND  FEDERAL LAWS, RULES AND REGULATIONS; AND, TO THIS END, SHALL
ENSURE THAT ALL OF ITS BOARD MEMBERS, OFFICERS, EMPLOYEES AND VOLUNTEERS
ARE TRAINED IN, AND COMPLY WITH, SUCH LAWS, RULES AND REGULATIONS.
  S 3. This act shall take effect immediately.

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The New York State Senate

senate Bill S1636A

Sponsored By

Archive: Last Bill Status - Passed Senate

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Votes

May 4, 2016 - floor Vote

Floor Vote: May 4, 2016

Mar 1, 2016 - Judiciary committee Vote

Judiciary Committee Vote: Mar 1, 2016

May 20, 2015 - floor Vote

Floor Vote: May 20, 2015

Feb 25, 2015 - Judiciary committee Vote

Committee Vote: Feb 25, 2015

Bill Amendments

Co-Sponsors

S1636 - Details

S1636 - Summary

S1636 - Sponsor Memo

S1636 - Bill Text download pdf

Co-Sponsors

S1636A (ACTIVE) - Details

S1636A (ACTIVE) - Summary

S1636A (ACTIVE) - Sponsor Memo

S1636A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S1636A

Share this bill

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

May 4, 2016 - floor Vote

Floor Vote: May 4, 2016

Mar 1, 2016 - Judiciary committee Vote

Judiciary Committee Vote: Mar 1, 2016

May 20, 2015 - floor Vote

Floor Vote: May 20, 2015

Feb 25, 2015 - Judiciary committee Vote

Committee Vote: Feb 25, 2015

Bill Amendments

Co-Sponsors

S1636 - Details

S1636 - Summary

S1636 - Sponsor Memo

S1636 - Bill Text download pdf

Co-Sponsors

S1636A (ACTIVE) - Details

S1636A (ACTIVE) - Summary

S1636A (ACTIVE) - Sponsor Memo

S1636A (ACTIVE) - Bill Text download pdf

Comments