Senate Bill S6742C

2017-2018 Legislative Session

Provides for the appointment of a temporary operator to provide foster care on a temporary basis where the established operator is unable to ensure the proper operation of the foster care program

download bill text pdf

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

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 20, 2018	committed to rules
Feb 06, 2018	advanced to third reading
Feb 05, 2018	2nd report cal.
Jan 30, 2018	1st report cal.347
Jan 24, 2018	print number 6742c
Jan 24, 2018	amend and recommit to children and families
Jan 23, 2018	print number 6742b
Jan 23, 2018	amend (t) and recommit to children and families
Jan 03, 2018	referred to children and families
Jun 18, 2017	print number 6742a
Jun 18, 2017	amend (t) and recommit to rules
Jun 15, 2017	referred to rules

Votes

- Jan 30, 2018 - Children And Families Committee Vote
  S6742C
  
  Aye
  
  4
  
  Nay
  
  1
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  1
  
  Abstained
  
  0
  - - Children And Families Committee Vote: Jan 30, 2018
      
      aye (4)
      
      Avella
      
      Helming
      
      Persaud
      
      Serino
      
      nay (1)
      
      Savino
      
      aye wr (1)
      
      Bonacic
      
      excused (1)
      
      Montgomery

Bill Amendments

Original

C (Active)

2017-S6742 - Details

Current Committee:: Senate Rules
Law Section:: Social Services

2017-S6742 - Summary

Authorizes the appointment of a temporary operator to provide foster care on a temporary basis where the established operator is unable to ensure the proper operation of their foster care program.

2017-S6742 - Sponsor Memo

                                 BILL NUMBER:  S6742

 TITLE OF BILL :  An act to amend the social services law, in relation
to granting the commissioner of the office of children and family
services the authority to appoint a temporary operator of a foster
care agency

 PURPOSE :

Grants the commissioner of the office of children and family services
the authority to appoint a temporary operator of a foster care agency.

 SUMMARY OF PROVISIONS :

Section 1: Amends section 17 of the social services law to add foster
care agency to temporary operator language currently in statute. This
section also defines foster care agency and clarifies health, safety
or welfare concerns as impetus for action by the office of children
and family services to appoint a temporary operator.

Section 2. Establishes the effective date.

 JUSTIFICATION :

This legislation expands on Section 17 subdivision (i) of the social
services law that provides for the appointment of a temporary operator

to include foster care agencies. Recent incidents have occurred at
foster care agencies located in a suburban New York City community
that have warranted a significant corrective action plan be put in
place by the office of children and family services.

At this time, the only true recourse for the commissioner in enforcing
the corrective action plan with an uncooperative agency is the threat
of facility closure should the corrective action plan not be followed.
This additional oversight will allow the commissioner to intervene and
appoint a temporary operator if there are serious health, safety or
welfare concerns of the persons who are served and the current
operator does not make adequate progress on the corrective action plan
while ensuring the minor children have some continuity in services
received.

 LEGISLATIVE HISTORY :

New bill

 FISCAL IMPLICATIONS :

None noted.

 EFFECTIVE DATE :
This act shall take effect immediately, provided that amendments to
subdivision (i) of section 17 of the social services law made by
section 1 of this act shall not affect the repeal of such subdivision.

2017-S6742 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6742
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               June 15, 2017
                                ___________
 
 Introduced  by  Sen.  MURPHY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the social services law, in  relation  to  granting  the
   commissioner of the office of children and family services the author-
   ity to appoint a temporary operator of a foster care agency

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (i) of section 17 of the social  services  law,
 as  added  by  section 2 of part W of chapter 54 of the laws of 2016, is
 amended to read as follows:
   (i) have the authority appoint a temporary operator in accordance with
 this subdivision:
   (1) For the purposes of this subdivision:
   (i) "Building" shall mean an entire building or  a  unit  within  that
 provides emergency shelter to homeless persons.
   (ii)  "Commissioner"  shall mean the commissioner of the office or his
 or her designee.
   (iii) "Data" shall mean written documentation or knowledge obtained in
 the course of an inspection, audits, or other methods authorized by law.
   (iv) "Emergency shelter" means any building  with  overnight  sleeping
 accommodations,  the  primary  purpose  of which is to provide temporary
 shelter for the homeless in general or for specific populations  of  the
 homeless,   including  residential  programs  for  victims  of  domestic
 violence and runaway and homeless youth programs certified by the office
 of children and family services.
   (v) "Established operator" shall mean a provider of emergency  shelter
 OR A FOSTER CARE AGENCY.
   (vi)  "Serious  financial, health or safety deficiency" shall include,
 but not be limited to, missed mortgage payments, missed rent payments, a
 pattern of untimely payment of debts, failure to pay  its  employees  or
 vendors,  insufficient  funds  to meet the general operating expenses of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13188-02-7

 S. 6742                             2
 
 the program, or a violation of law, regulation, or code with respect  to
 a building that provides emergency shelter to homeless persons, in which
 there  are  conditions  that are dangerous, hazardous, imminently detri-
 mental  to  life or health, or otherwise render the building not fit for
 human habitation.
   (vii) "Temporary operator" shall mean any provider of emergency  shel-
 ter OR A FOSTER CARE AGENCY that:
   (A)  agrees,  AS  APPLICABLE, to provide emergency shelter pursuant to
 this chapter on a temporary basis in the best interests of its  homeless
 individuals  and  families  served  by the building OR TO PROVIDE FOSTER
 CARE SERVICES TO CHILDREN SERVED IN A  FOSTER  CARE  PROGRAM  AND  THEIR
 FAMILIES;
   (B) has a history of compliance with applicable laws, rules, and regu-
 lations  and  a  record  of  providing  emergency shelter OR FOSTER CARE
 SERVICES, AS APPLICABLE, of good quality, as determined by  the  commis-
 sioner; and
   (C) prior to appointment as temporary operator, develops a plan deter-
 mined  to  be satisfactory by the commissioner to address the building's
 deficiencies OR OTHER IDENTIFIED CONCERNS REGARDING THE  HEALTH,  SAFETY
 OR WELFARE OF THE PERSONS SERVED IN THE EMERGENCY SHELTER OR FOSTER CARE
 PROGRAM.
   (VIII) "FOSTER CARE AGENCY" SHALL MEAN AN AUTHORIZED AGENCY AS DEFINED
 IN PARAGRAPH (A) OF SUBDIVISION TEN OF SECTION THREE HUNDRED SEVENTY-ONE
 OF THIS CHAPTER THAT OPERATES ONE OR MORE FOSTER CARE PROGRAMS.
   (2) (i) A temporary operator may only be appointed after the emergency
 shelter  OR  THE  FOSTER CARE AGENCY has been provided notice of alleged
 violations and the ability to cure such violations. The  RELEVANT  local
 social   services  district  shall  also  be  notified  of  the  alleged
 violations prior to the appointment of  a  temporary  operator.  If  the
 emergency shelter OR FOSTER CARE AGENCY fails to cure such violations in
 a  timely  manner, a temporary operator may be appointed where: (A) data
 demonstrates that  the  building  is  exhibiting  a  serious  financial,
 health, or safety deficiency; (B) data demonstrates that the established
 operator  is  unable  or unwilling to ensure the proper operation of the
 building; [or] (C) data indicates there exist conditions that  seriously
 endanger  or jeopardize emergency shelter residents; OR (D) IF NECESSARY
 TO PROTECT THE HEALTH, SAFETY  OR  WELFARE  OF  THE  RESIDENTS.  If  the
 commissioner determines to appoint a temporary operator, the commission-
 er  shall  notify the established operator and the RELEVANT local social
 services district of his or her intention to appoint a temporary  opera-
 tor  to  assume  sole  responsibility  for the provider of the emergency
 shelter's operations OR OF THE FOSTER CARE PROGRAM RUN BY A FOSTER  CARE
 AGENCY  for  a  limited  period  of time. The appointment of a temporary
 operator shall be effectuated pursuant to this section, and shall be  in
 addition to any other remedies provided by law.
   (ii) The established operator may at any time request the commissioner
 to  appoint  a  temporary  operator.  Upon receiving such a request, the
 commissioner may, if he or she determines that such an action is  neces-
 sary,  enter  into  an  agreement  with the established operator for the
 appointment of a temporary operator to restore or maintain the provision
 of quality emergency shelter  to  the  emergency  shelter  residents  OR
 SERVICES  TO  CHILDREN AND FAMILIES PROVIDED IN THE FOSTER CARE PROGRAM,
 AS APPLICABLE, until the  established  operator  can  resume  operations
 within  the  designated time period or other action is taken to suspend,
 revoke, or limit the authority of the established operator.

 S. 6742                             3

   (3) (i) A temporary operator appointed pursuant to this section  shall
 use his or her best efforts to:
   (A)  implement  the  plan  deemed  satisfactory by the commissioner to
 correct or eliminate any:
   (1) CONCERNS REGARDING HEALTH, SAFETY OR WELFARE; OR
   (2) deficiencies in the building; and
   (B) to promote the quality and accessibility of:
   (1) the emergency shelter in the community served by the  provider  of
 emergency shelter; OR
   (2)  SERVICES  PROVIDED  TO  FOSTER CHILDREN AND THEIR FAMILIES IN THE
 FOSTER CARE PROGRAM.
   (ii) During the term of appointment, the temporary operator shall have
 the authority to direct the staff of the established operator as  neces-
 sary to appropriately provide emergency shelter for homeless individuals
 and  families  OR  SERVICES TO FOSTER CHILDREN SERVED IN THE PROGRAM AND
 THEIR FAMILIES, AS APPLICABLE. The temporary operator shall, during this
 period, provide emergency shelter OR FOSTER CARE SERVICES, AS APPLICABLE
 in such a manner as to promote safety and the quality and  accessibility
 of  emergency shelter OR FOSTER CARE SERVICES in the community served by
 the established operator  until  either  the  established  operator  can
 resume operations or until the office revokes the authority of the emer-
 gency shelter OR FOSTER CARE PROGRAM to operate under this chapter.
   (iii)  The  established  operator  shall grant access to the temporary
 operator to the established operator's accounts and records in order  to
 address  any  serious financial, health or safety deficiency. The tempo-
 rary operator shall approve  any  decision  related  to  an  established
 provider's  day  to day operations or the established provider's ability
 to provide emergency shelter OR SERVICES TO FOSTER  CHILDREN  AND  THEIR
 FAMILIES, AS APPLICABLE.
   (iv) The temporary operator shall not be required to file any bond. No
 security interest in any real or personal property comprising the estab-
 lished  operator  or contained within the established operator or in any
 fixture of the building, shall be impaired or diminished in priority  by
 the  temporary  operator.  Neither the temporary operator nor the office
 shall engage in any activity that constitutes a confiscation of  proper-
 ty.
   (4)  Costs  associated  with the temporary operator, including compen-
 sation, shall, AS APPLICABLE, follow the financing structure established
 in accordance with  section  one  hundred  fifty-three  OR  ONE  HUNDRED
 FIFTY-THREE-K of this chapter, as modified by the current aid to locali-
 ties  provisions  for [the office of temporary and disability assistance
 within] the department of  family  assistance.  The  temporary  operator
 shall be liable only in its capacity as temporary operator for injury to
 person  and  property  by  reason  of its operation of such building; no
 liability shall incur in the  temporary  operator's  personal  capacity,
 except for gross negligence and intentional acts.
   (5)  (i) The initial term of the appointment of the temporary operator
 shall not exceed ninety days. After ninety  days,  if  the  commissioner
 determines  that  termination  of  the  temporary  operator  would cause
 significant deterioration of the quality of,  or  access  to,  emergency
 shelter in the community, OR SERVICES TO FOSTER CHILDREN AND THEIR FAMI-
 LIES TO BE PROVIDED IN THE FOSTER CARE PROGRAM, or that reappointment is
 necessary  to correct the deficiencies [that required the appointment of
 the temporary operator] OR THE NOTED CONCERNS REGARDING  HEALTH,  SAFETY
 OR  WELFARE,  the  commissioner  may  authorize an additional ninety-day
 term.   However, such authorization  shall  include  the  commissioner's

 S. 6742                             4
 
 requirements  for  conclusion of the temporary operatorship to be satis-
 fied within the additional term.
   (ii) Within fourteen days prior to the termination of each term of the
 appointment  of  the  temporary  operator,  the temporary operator shall
 submit to the  commissioner,  to  the  RELEVANT  local  social  services
 district, and to the established operator a report describing:
   (A) the actions taken during the appointment to address the identified
 HEALTH, SAFETY OR WELFARE CONCERNS OR building deficiencies, the resump-
 tion  of  building operations OR FOSTER CARE PROGRAMS by the established
 operator, or the revocation of authority to operate an emergency shelter
 OR A FOSTER CARE PROGRAM, AS APPLICABLE;
   (B) objectives for the continuation of the temporary  operatorship  if
 necessary and a schedule for satisfaction of such objectives; and
   (C)  if  applicable, the recommended actions for the ongoing provision
 of emergency shelter OR SERVICES TO CHILDREN AND FAMILIES SERVED BY  THE
 FOSTER CARE PROGRAM subsequent to the temporary operatorship.
   (iii)  The term of the initial appointment and of any subsequent reap-
 pointment may be terminated prior to the expiration  of  the  designated
 term,  if  the established operator and the commissioner agree on a plan
 of correction and the implementation of such plan.
   (6) (i) The commissioner shall, upon  making  a  determination  of  an
 intention  to  appoint a temporary operator pursuant to subparagraph (i)
 of paragraph two of this subdivision, cause the established operator and
 the RELEVANT local social services district to be notified of the inten-
 tion by registered or certified mail addressed to the  principal  office
 of the established operator and the local social services district. Such
 notification shall include a detailed description of the findings under-
 lying  the  intention  to appoint a temporary operator, and the date and
 time of a required meeting with the  commissioner  within  ten  business
 days  of  the  receipt  of such notice. At such meeting, the established
 operator, and the commissioner shall have the opportunity to review  and
 discuss all relevant findings. At such meeting, the commissioner and the
 established  operator  shall  attempt to develop a mutually satisfactory
 plan of correction and schedule for implementation. If a mutually satis-
 factory plan of correction and schedule for implementation is developed,
 the commissioner shall notify the established operator that the  commis-
 sioner will abstain from appointing a temporary operator contingent upon
 the  established operator remediating the identified deficiencies within
 the agreed upon timeframe.
   (ii) The commissioner shall, upon making a determination of an  inten-
 tion  to  appoint  a  temporary operator pursuant to subparagraph (i) of
 paragraph two of this subdivision, cause the temporary president of  the
 senate, and the speaker of the assembly to receive appropriate and time-
 ly  notification of the intention to appoint a temporary operator.  Such
 notification shall include a description of the findings underlying  the
 intention to appoint a temporary operator, the identification of the new
 operator  when  practicable,  and the date of expected transfer of oper-
 ations. Such notice shall be made  as  soon  as  practicable  under  the
 circumstances.
   (iii)  The  commissioner, at any time he or she deems necessary and to
 the extent practicable, shall consult and may involve the RELEVANT local
 social services district.
   (iv) Should the commissioner and the established operator be unable to
 establish a plan of correction pursuant  to  subparagraph  (i)  of  this
 paragraph,  or  should  the  established operator fail to respond to the
 commissioner's initial notification, there shall  be  an  administrative

 S. 6742                             5
 
 hearing on the commissioner's determination to appoint a temporary oper-
 ator  to  begin no later than thirty days from the date of the notice to
 the established operator. Any such hearing shall be strictly limited  to
 the  issue of whether the determination of the commissioner to appoint a
 temporary operator is supported by substantial evidence. A copy  of  the
 decision  shall  be  sent  to  the established operator and the RELEVANT
 local social services district.
   (v) If the decision to appoint a temporary  operator  is  upheld  such
 temporary  operator  shall  be  appointed  as soon as is practicable and
 shall:  (A)  provide  emergency  shelter  pursuant  to  the   APPLICABLE
 provisions  of  this [section] CHAPTER AND THE REGULATIONS OF THE OFFICE
 OF TEMPORARY AND DISABILITY ASSISTANCE OR CHILDREN AND FAMILY  SERVICES;
 OR (B) FOSTER CARE SERVICES IN ACCORDANCE WITH THE APPLICABLE PROVISIONS
 OF THIS CHAPTER AND THE REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY
 SERVICES.
   (7)  Notwithstanding  the  appointment  of  a  temporary operator, the
 established operator shall remain obligated for the continued  provision
 of  emergency  shelter OR SERVICES TO FOSTER CHILDREN AND THEIR FAMILIES
 PROVIDED IN THE FOSTER CARE PROGRAM.  No  provision  contained  in  this
 section shall be deemed to relieve the established operator or any other
 person  of any civil or criminal liability incurred, or any duty imposed
 by law, by reason of acts or omissions of the  established  operator  or
 any  other  person prior to the appointment of any temporary operator of
 the PROGRAM OR building hereunder; nor shall anything contained in  this
 section  be  construed  to suspend during the term of the appointment of
 the temporary operator of the PROGRAM OR building any obligation of  the
 established  operator or any other person for the maintenance and repair
 of the building, provision of utility  services,  payment  of  taxes  or
 other  operating  and  maintenance  expenses of the building, nor of the
 established operator or any other person for the payment of mortgages or
 liens.
   § 2. This act shall take effect immediately;  provided  however,  that
 the  amendments  to subdivision (i) of section 17 of the social services
 law made by section one of this act shall not affect the repeal of  such
 subdivision and shall be deemed repealed therewith.

2017-S6742A - Details

Current Committee:: Senate Rules
Law Section:: Social Services

2017-S6742A - Summary

Authorizes the appointment of a temporary operator to provide foster care on a temporary basis where the established operator is unable to ensure the proper operation of their foster care program.

2017-S6742A - Sponsor Memo

                                 BILL NUMBER:  S6742A

 TITLE OF BILL :

An act relating to the appointment of a temporary operator to provide
foster care on a temporary basis where the established operator is
unable or unwilling to ensure the proper operation of the foster care
program; and providing for the expiration of such provisions upon
expiration thereof

 PURPOSE :

Grants the commissioner of the office of children and family services
temporary authority to appoint a temporary operator for a foster care
agency that serves hard to place youth.

 SUMMARY OF PROVISIONS :

Section 1: Legislative Intent. This act is intended to provide the
office of children and family services with the ability to assist a
foster care agency that provides services to very high needs youth
with the stabilization of their foster care program through the
appointment of a temporary operator.

Section 2 Adds language to authorize the office of children and family
services to appoint a temporary operator in where they find serious

health, safety or welfare deficiencies in a foster care agency that
serves hard to place youth. This section also defines foster care
agency and clarifies health, safety or welfare concerns as impetus for
action by the office of children and family services to appoint a
temporary operator. The bill further directs the office of children
and family services to cover costs associated with the temporary
operator and defines the role of the temporary operator as well as the
term lengths. Additional requirements include notification to the
temporary president of the senate and the speaker of the assembly of
the intention to appoint a temporary operator as well as the findings
underlying the intention to appoint a temporary operator.

Section 3 Directs the commissioner of the office of children and
family services to provide a detailed report to the governor,
temporary president of the senate and the speaker of the assembly
should they use the authority provided in this bill to appoint a
temporary operator.

Section 4. Establishes the effective date and includes expiration and
repeal of this section on March 31, 2018 or 180 days after the
appointment of a temporary operator appointed prior to March 31, 2018.

 JUSTIFICATION :

This legislation provides for the appointment of a temporary operator
by the commissioner of the office of children and family services for
limited foster care agencies. Recent incidents have occurred at foster
care agencies located in a suburban New York City community that have
warranted a significant corrective action plan be put in place by the
office of children and family services.

At this time, the only true recourse for the commissioner in enforcing
the corrective action plan with an uncooperative agency is the threat
of facility closure should the corrective action plan not be followed.
This additional oversight will allow the commissioner to intervene and
appoint a temporary operator if there are serious health, safety or
welfare concerns of the persons who are served and the current
operator does not make adequate progress on the corrective action plan
while ensuring the minor children have some continuity in services
received.
 LEGISLATIVE HISTORY :

New bill

 FISCAL IMPLICATIONS :

There will be a limited cost to the state should the commissioner use
the authority granted in this legislation to appoint a temporary
operator of a foster care agency.

 EFFECTIVE DATE :
This act shall take effect immediately and shall expire and be deemed
repealed the later of March 31, 2018 or 180 days after the appointment
of a temporary operator appointed prior to March 31, 2018.

2017-S6742A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6742--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               June 15, 2017
                                ___________
 
 Introduced  by  Sen.  MURPHY -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Rules  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  relating  to the appointment of a temporary operator to provide
   foster care on a temporary basis where  the  established  operator  is
   unable  or unwilling to ensure the proper operation of the foster care
   program; and providing for the  expiration  of  such  provisions  upon
   expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent. It is the intent of the legislature  to
 ensure that children in foster care are provided with a safe and nurtur-
 ing  environment  that  meets their individual needs and enables them to
 cope with a history of trauma and disruptions. It is also the intent  of
 the  legislature to ensure a continuity of care in the delivery of those
 supports and services for these youth. To that end, this act is intended
 to provide the office of children and family services with  the  ability
 to  assist foster care agencies that provide services to very high needs
 youth with the stabilization of their foster care programs  through  the
 appointment of a temporary operator.
   §  2. The office of children and family services (hereinafter referred
 to as "the office") shall have the  authority  to  appoint  a  temporary
 operator in accordance with this section:
   1. For the purposes of this section:
   (a) "Commissioner" shall mean the commissioner of the office or his or
 her designee.
   (b)  "Data"  shall mean written documentation or knowledge obtained in
 the course of an inspection, audits or other methods authorized by law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13188-04-7

 S. 6742--A                          2
 
   (c) "Foster care agency" shall mean an authorized agency as defined in
 paragraph (a) of subdivision ten of section three hundred seventy-one of
 the social services law that operates one or more foster care programs.
   (d) "Foster care youth" shall mean a person under the age of 21 who is
 in  the  care  and custody, or custody and guardianship of an authorized
 agency as such term is defined  in  subdivision  ten  of  section  three
 hundred seventy-one of the social services law.
   (e) "Established operator" shall mean a foster care agency that serves
 hard to place youth.
   (f)  "Serious  health,  safety  or  welfare  deficiency"  shall mean a
 violation of a law, rule  or  regulation  by  the  established  operator
 resulting  in  conditions  that  are  dangerous, hazardous or imminently
 detrimental to the life or health, or otherwise jeopardize the safety of
 the foster care youth served by such operator.
   (g) "Temporary operator" shall mean any foster care  agency  appointed
 by the commissioner that:
   (i)  agrees  to  provide  foster care on a temporary basis in the best
 interests of the foster care youth served by the established operator;
   (ii) has a history of compliance  with  applicable  laws,  rules,  and
 regulations  and  a  record of providing foster care of good quality, as
 determined by the commissioner; and
   (iii) prior to appointment as  temporary  operator,  develops  a  plan
 determined  to be satisfactory by the commissioner to address the estab-
 lished operator's deficiencies.
   (h) "Local social services district" shall include  any  local  social
 services district with care and custody or custody and guardianship of a
 foster  care  youth  placed  with  the  established operator that may be
 subject to the appointment of a  temporary  operator  pursuant  to  this
 section,  as well as the local social services district where the estab-
 lished operator is located.
   2. (a) A temporary operator may only be  appointed  after  the  estab-
 lished  operator  has been provided notice of alleged violations and the
 ability to cure such violations.  The  local  social  services  district
 shall  also  be notified of the alleged violations prior to the appoint-
 ment of a temporary operator.  If the established operator fails to cure
 such violations  in  a  timely  manner,  a  temporary  operator  may  be
 appointed  where  data  demonstrates  that  the  established operator is
 unable or unwilling to ensure the proper operation of  the  foster  care
 program and there exist conditions that seriously endanger or jeopardize
 the health, safety, or welfare of foster care youth. If the commissioner
 determines to appoint a temporary operator, the commissioner shall noti-
 fy  the  established  operator and the local social services district of
 his or her intention to appoint a  temporary  operator  to  assume  sole
 responsibility  for  the established operator's operations for a limited
 period of time. The appointment of a temporary operator shall be  effec-
 tuated  pursuant  to this section, and shall be in addition to any other
 remedies provided by law.
   (b) During the term of appointment, the temporary operator shall  have
 the  authority to direct the staff of the established operator as neces-
 sary to appropriately provide care for foster care youth  in  accordance
 with  the  plan  approved  by  the  commissioner. The temporary operator
 shall, during this period, provide  programs  and  services  for  foster
 youth  in such a manner as to promote the health, safety, and welfare of
 the youth by the established operator until either the established oper-
 ator can resume operations or until the office revokes the authority  of
 the established operator to operate a foster care program.

 S. 6742--A                          3
 
   (c) The established operator shall grant the temporary operator access
 to  the  established operator's accounts and records in order to address
 any serious health, safety or welfare deficiencies.  The temporary oper-
 ator shall approve any decision related to an established provider's day
 to  day  operations  or  the  established  provider's ability to provide
 programs and services for foster youth.
   3. The temporary operator shall not be required to file any  bond.  No
 security interest in any real or personal property comprising the estab-
 lished  operator,  contained  within the established operator, or in any
 fixture of the building or buildings owned by the established  operator,
 shall  be  impaired or diminished in priority by the temporary operator.
 Neither the temporary operator nor the office shall engage in any activ-
 ity that constitutes a confiscation of property.
   4. Costs associated with the  temporary  operator,  including  compen-
 sation, shall be incurred by the office. The temporary operator shall be
 liable  only  in its capacity as temporary operator for injury to person
 and property by reason of its operation of such building;  no  liability
 shall  incur  in  the temporary operator's personal capacity, except for
 gross negligence and intentional acts.
   5. (a) The initial term of the appointment of the  temporary  operator
 shall  not  exceed  ninety  days. After ninety days, if the commissioner
 determines that  termination  of  the  temporary  operator  would  cause
 significant  deterioration of the quality of the foster care program run
 by the established  operator  or  that  reappointment  is  necessary  to
 correct  the deficiencies that required the appointment of the temporary
 operator, the commissioner may authorize an additional ninety day  term.
 However,  such  authorization  shall include the commissioner's require-
 ments for conclusion of the temporary operatorship to be satisfied with-
 in the additional term. In addition, where an additional ninety day term
 is authorized,  the  commissioner  shall  work  with  the  local  social
 services district to identify alternative appropriate placements for the
 foster  care  youth  placed  with the established operator, that provide
 specialized services needed by such youth, should the temporary operator
 not be able to meet the objectives identified in the  plan  pursuant  to
 subparagraph (iii) of paragraph (g) of subdivision one of this section.
   (b)  Within fourteen days prior to the termination of each term of the
 appointment of the temporary  operator,  the  temporary  operator  shall
 submit  to  the commissioner, to the local social services district, and
 to the established operator a report describing:
   (i) the actions taken during the appointment to address the identified
 deficiencies, the resumption of operations by the established  operator,
 or the revocation of authority to operate a foster care program;
   (ii)  objectives for the continuation of the temporary operatorship if
 necessary and a schedule for satisfaction of such objectives; and
   (iii) if applicable, the recommended actions for the ongoing provision
 of foster care subsequent to the temporary operatorship.
   (c) The term of the initial appointment and of  any  subsequent  reap-
 pointment  may  be  terminated prior to the expiration of the designated
 term, if the established operator and the commissioner agree on  a  plan
 of correction and the implementation of such plan.
   6.  (a)  The  commissioner  shall,  upon  making a determination of an
 intention to appoint a temporary operator pursuant to paragraph  (a)  of
 subdivision  two of this section, cause the established operator and the
 local social services district to be notified of the intention by regis-
 tered or certified mail addressed to the principal office of the  estab-
 lished  operator  and the local social services district. Such notifica-

 S. 6742--A                          4
 
 tion shall include a detailed description of the findings underlying the
 intention to appoint a temporary operator, and the date and  time  of  a
 required  meeting  with the commissioner within ten business days of the
 receipt  of such notice.  At such meeting, the established operator, and
 the commissioner shall have the opportunity to review  and  discuss  all
 relevant findings. At such meeting, the commissioner and the established
 operator  shall  attempt  to  develop  a  mutually  satisfactory plan of
 correction and schedule for implementation.  If a mutually  satisfactory
 plan  of  correction  and  schedule for implementation is developed, the
 commissioner shall notify the established operator that the commissioner
 will abstain from appointing a temporary operator  contingent  upon  the
 established  operator remediating the identified deficiencies within the
 agreed upon timeframe.
   (b) The commissioner shall, upon making a determination of  an  inten-
 tion to appoint a temporary operator pursuant to paragraph (a) of subdi-
 vision two of this section, cause the temporary president of the senate,
 and  the  speaker  of  the  assembly  to  receive appropriate and timely
 notification of the intention to  appoint  a  temporary  operator.  Such
 notification  shall include a description of the findings underlying the
 intention to appoint a temporary operator,  the  identification  of  the
 temporary  operator  when practicable, and the date of expected transfer
 of operations. Such notice shall be made as soon  as  practicable  under
 the circumstances.
   (c) The commissioner, at any time he or she deems necessary and to the
 extent  practicable,  shall  consult  and  may  involve the local social
 services district.
   (d) Should the commissioner and the established operator be unable  to
 establish  a plan of correction pursuant to paragraph (a) of this subdi-
 vision, or should the  established  operator  fail  to  respond  to  the
 commissioner's  initial  notification,  there shall be an administrative
 hearing on the commissioner's determination to appoint a temporary oper-
 ator to begin no later than thirty days from the date of the  notice  to
 the  established operator. Any such hearing shall be strictly limited to
 the issue of whether the determination of the commissioner to appoint  a
 temporary  operator  is supported by substantial evidence. A copy of the
 decision shall be sent to the established operator and the local  social
 services district.
   (e)  If  the  decision  to appoint a temporary operator is upheld such
 temporary operator shall be appointed as  soon  as  is  practicable  and
 shall provide appropriate care and services for the foster care youth as
 well  as  take  any necessary actions pursuant to the provisions of this
 section.
   7. Notwithstanding the appointment of a temporary operator, the estab-
 lished operator shall remain obligated for the  continued  provision  of
 care  and  services for the foster care youth. No provision contained in
 this section shall be deemed to relieve the established operator or  any
 other  person  of  any civil or criminal liability incurred, or any duty
 imposed by law, by reason of acts or omissions of the established opera-
 tor or any other person prior to the appointment of any temporary opera-
 tor of the building hereunder; nor  shall  anything  contained  in  this
 section  be  construed  to suspend during the term of the appointment of
 the temporary operator of the building any obligation of the established
 operator or any other person for  the  maintenance  and  repair  of  the
 building, provision of utility services, payment of taxes or other oper-
 ating  and  maintenance expenses of the building, nor of the established
 operator or any other person for the payment of mortgages or liens.

 S. 6742--A                          5
 
   § 3. If a temporary operator is appointed in accordance  with  section
 two  of  this  act, in addition to the notice required pursuant to para-
 graph (b) of subdivision six of section two of this act, the commission-
 er of the office of children and family services  shall  also  submit  a
 report  to  the  governor, the speaker of the assembly and the temporary
 president of the senate within 180 days of  such  appointment  detailing
 the following:
   (a) The result of the appointment of the temporary operator, including
 but not limited to:
   (i) the duration of such appointment;
   (ii) the corrective actions implemented; and
   (iii) whether or not the established operator resumed operation of the
 foster care program;
   (b)  The  availability  and  number of beds in residential foster care
 programs with the equivalent level  of  care  and  specialized  services
 provided by the established operator both in the geographic regions from
 which the youth were placed as well as statewide;
   (c)  The factors that lead to the appointment of a temporary operator,
 including but not limited to the ways in which the  existing  powers  of
 the  office would not have adequately addressed the deficiencies and the
 potential consequences of revoking the established operator's  authority
 to run a foster care program; and
   (d)  Any other information such commissioner deems relevant and neces-
 sary.
   § 4. This act shall take effect immediately and shall expire March 31,
 2018 or one hundred eighty days after the  appointment  of  a  temporary
 operator  who  was  appointed no later than March 31, 2018, whichever is
 later; provided,  however,  that  the  office  of  children  and  family
 services  shall notify the legislative bill drafting commission upon the
 occurrence of the appointment of a temporary operator who was  appointed
 prior  to  March  31, 2018 which would extend the provisions of this act
 beyond such date in order that the commission may maintain  an  accurate
 and  timely  effective data base of the official text of the laws of the
 state of New York in  furtherance  of  effectuating  the  provisions  of
 section  44  of the legislative law and section 70-b of the public offi-
 cers law.

2017-S6742B - Details

Current Committee:: Senate Rules
Law Section:: Social Services

2017-S6742B - Summary

Authorizes the appointment of a temporary operator to provide foster care on a temporary basis where the established operator is unable to ensure the proper operation of their foster care program.

2017-S6742B - Sponsor Memo

                                
 
BILL NUMBER: S6742B

SPONSOR: MURPHY
 
TITLE OF BILL:  An act to provide for the appointment of a temporary
operator to provide foster care on a temporary basis where a certain
established operator is unable or unwilling to ensure the proper opera-
tion of the foster care program; and providing for the repeal of such
provisions upon expiration thereof

 
PURPOSE:

Grants the commissioner of the office of children and family services
temporary authority to appoint a temporary operator for a foster care
agency that serves hard to place youth.

 
SUMMARY OF PROVISIONS:

Section 1: Legislative Intent. This act is intended to provide the
office of children and family services with the ability to assist a
foster care agency that provides services to very high needs youth with
the stabilization of their foster care program through the appointment

of a temporary operator.

Section 2 Adds language to authorize the office of children and family
services to appoint a temporary operator in where they find serious
health, safety or welfare deficiencies in a foster care agency that
serves hard to place youth located within the Town of Mount Pleasant,
Westchester county. This section also defines foster care agency and
clarifies health, safety or welfare concerns as impetus for action by
the office of children and family services to appoint a temporary opera-
tor. The bill defines the role of the temporary operator as well as the
term lengths of the temporary appointment. Additional requirements
include notification to the temporary president of the senate and the
speaker of the assembly of the intention to appoint a temporary operator
as well as the findings underlying the intention to appoint a temporary
operator.

Section 3 Directs the commissioner of the office of children and family
services to provide a detailed report to the governor, temporary presi-
dent of the senate and the speaker of the assembly should they use the
authority provided in this bill to appoint a temporary operator.

Section 4. Establishes the effective date and includes expiration and
repeal of this section on March 31, 2019 or 180 days after the appoint-
ment of a temporary operator appointed prior to March 31, 2019.

 
JUSTIFICATION:

This legislation provides for the appointment of a temporary operator by
the commissioner of the office of children and family services for
limited foster care agencies. Recent incidents have occurred at foster
care agencies located in a suburban New York City community that have
warranted a significant corrective action plan be put in place by the
office of children and family services.

At this time, the only true recourse for the commissioner in enforcing
the corrective action plan with an uncooperative agency is the threat of
facility closure should the corrective action plan not be followed. This
additional oversight will allow the commissioner to intervene and
appoint a temporary operator if there are serious health, safety or
welfare concerns of the persons who are served and the current operator
does not make adequate progress on the corrective action plan while
ensuring the minor children have some continuity in services received.

 
LEGISLATIVE HISTORY:

S.6742-A

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed the later of March 31, 2019 or 180 days after the appointment
of a temporary operator appointed prior to March 31, 2019.

2017-S6742B - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6742--B
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               June 15, 2017
                                ___________
 
 Introduced  by  Sen.  MURPHY -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Rules  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  --  recommitted  to the Committee on Children and
   Families in accordance  with  Senate  Rule  6,  sec.  8  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to provide for the appointment of a temporary operator to provide
   foster  care on a temporary basis where a certain established operator
   is unable or unwilling to ensure the proper operation  of  the  foster
   care  program;  and  providing  for the repeal of such provisions upon
   expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Legislative intent. It is the intent of the legislature to
 ensure that children in foster care are provided with a safe and nurtur-
 ing environment that meets their individual needs and  enables  them  to
 cope  with a history of trauma and disruptions. It is also the intent of
 the legislature to ensure a continuity of care in the delivery of  those
 supports and services for these youth. To that end, this act is intended
 to  provide  the office of children and family services with the ability
 to assist foster care agencies that provide services to very high  needs
 youth  with  the stabilization of their foster care programs through the
 appointment of a temporary operator.
   § 2. The office of children and family services (hereinafter  referred
 to  in  this  act as the "office") shall have the authority to appoint a
 temporary operator in accordance with this section:
   1. For the purposes of this section:
   (a) "Commissioner" shall mean the commissioner of the office or his or
 her designee.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13188-09-8

 S. 6742--B                          2
 
   (b) "Data" shall mean written documentation or knowledge  obtained  in
 the course of an inspection, audits or other methods authorized by law.
   (c) "Foster care agency" shall mean an authorized agency as defined in
 paragraph  (a)  of  subdivision 10 of section 371 of the social services
 law that operates one or more foster care programs.
   (d) "Foster care youth" shall mean a person under the age of 21 who is
 in the care and custody, or custody and guardianship  of  an  authorized
 agency  as  such term is defined in subdivision 10 of section 371 of the
 social services law.
   (e) "Established operator" shall mean a foster care agency located  in
 the  town  of  Mount Pleasant, in the county of Westchester, that serves
 hard to place youth.
   (f) "Serious health,  safety  or  welfare  deficiency"  shall  mean  a
 violation  of  a  law,  rule  or  regulation by the established operator
 resulting in conditions that  are  dangerous,  hazardous  or  imminently
 detrimental to the life or health, or otherwise jeopardize the safety of
 the foster care youth served by such operator.
   (g)  "Temporary  operator" shall mean any foster care agency appointed
 by the commissioner that:
   (i) agrees to provide foster care on a temporary  basis  in  the  best
 interests of the foster care youth served by the established operator;
   (ii)  has  a  history  of  compliance with applicable laws, rules, and
 regulations and a record of providing foster care of  good  quality,  as
 determined by the commissioner; and
   (iii)  upon  appointment as temporary operator, develops a plan deter-
 mined to be satisfactory by the commissioner to address the  established
 operator's deficiencies.
   (h)  "Local  social  services district" shall include any local social
 services district with care and custody or custody and guardianship of a
 foster care youth placed with  the  established  operator  that  may  be
 subject  to  the  appointment  of  a temporary operator pursuant to this
 section, as well as the local social services district where the  estab-
 lished operator is located.
   2.  (a)  In  the event that: (i) the commissioner finds that there are
 conditions within an established operator  that  is  consistent  with  a
 serious  health,  safety  or  welfare deficiency, or (ii) an established
 operator seeks extraordinary financial assistance and  the  commissioner
 finds  that  the  operator is experiencing serious financial instability
 that is jeopardizing existing or continued access to essential  services
 within  the community, the commissioner may immediately appoint a tempo-
 rary operator for a period of ten days to assume sole control  and  sole
 responsibility  for  the  operators  of such established operator during
 such ten day period.
   During the initial ten day period of appointment, the  office,  acting
 by  and  through  its  employees, shall meet and consult with the estab-
 lished operator to identify and  discuss  the  condition  or  conditions
 which  are the grounds for the appointment of the temporary operator and
 the remedies for such condition or conditions.
   (b) Upon the conclusion of the ten day period of  the  appointment  of
 the  temporary  operator,  if a mutually satisfactory plan of correction
 and schedule for implementation is developed, and  the  office  makes  a
 determination that the established operator has agreed to and is able to
 remedy  the conditions which were the grounds for the appointment of the
 temporary operator, the term of the temporary appointment  shall  termi-
 nate  and the established operator shall resume control of and responsi-
 bility for the foster care agency. Provided, however, that in the  event

 S. 6742--B                          3
 
 the  office  and  the  established  operator  fail to agree to a plan of
 correction which includes all  necessary  remedies  or  the  established
 operator  is unable or unwilling to implement such remedies, the term of
 the temporary operator shall be extended for an additional thirty days.
   (c)  During  the  extended  thirty  day period of the appointment of a
 temporary operator, there shall be  an  administrative  hearing  on  the
 commissioner's determination to appoint a temporary operator to begin no
 later  than  thirty  days from the date of the notice to the established
 operator. Any such hearing shall be strictly limited  to  the  issue  of
 whether  the  determination  of  the commissioner to appoint a temporary
 operator is supported by substantial evidence. A copy  of  the  decision
 shall  be sent to the established operator and the local social services
 district.
   (d) If the decision to appoint a temporary  operator  is  upheld,  the
 term  shall be extended an additional one hundred eighty days. After one
 hundred eighty days, if the commissioner determines that termination  of
 the  temporary  operator  would  cause  significant deterioration of the
 quality of the foster care program run by the  established  operator  or
 that  reappointment  is  necessary  to  correct  the  deficiencies  that
 required the appointment of the temporary operator, the commissioner may
 authorize an additional one hundred eighty  day  term.    However,  such
 authorization  shall include the commissioner's requirements for conclu-
 sion of the temporary operatorship to be satisfied within the additional
 term. In addition, when an additional one hundred  eighty  day  term  is
 authorized,  the  commissioner shall work with the local social services
 district to identify alternative appropriate placement  for  the  foster
 care  youth  placed with the established operator, that provide special-
 ized services needed by such youth, should the temporary operator not be
 able to meet the objectives identified in the agreed upon plan.
   (e) Within fourteen days prior to the termination  of  a  one  hundred
 eighty  day  appointment of a temporary operator, the temporary operator
 shall submit to the commissioner, to the local social services district,
 and to the established operator a report describing:
   (i) the actions taken during the appointment to address the identified
 deficiencies, the resumption of operation by the  established  operator,
 or the revocation of authority to operate a foster care program;
   (ii)  objectives for the continuation of the temporary operatorship if
 necessary and a schedule for satisfaction of such objectives; and
   (iii) if applicable, the recommended actions for the ongoing provision
 of foster care subsequent to the temporary operatorship.
   (f) The term of the initial appointment and of  any  subsequent  reap-
 pointment  may  be  terminated prior to the expiration of the designated
 term, if the established operator and the commissioner agree on  a  plan
 of correction and the implementation of such plan.
   (g) The commissioner, at any time he or she deems necessary and to the
 extent  practicable,  shall  consult  and  may  involve the local social
 services district.
   (h) The appointment of the temporary  operator  shall  be  effectuated
 pursuant  to this section and shall be in addition to any other remedies
 provided by law.  During the term of appointment, the temporary operator
 shall have the authority to direct the staff of the established operator
 as necessary to appropriately provide care  for  foster  care  youth  in
 accordance  with  the  plan  approved by the commissioner. The temporary
 operator shall, during this period, provide programs  and  services  for
 foster  youth  in  such  a  manner as to promote the health, safety, and
 welfare of the youth by the established operator until either the estab-

 S. 6742--B                          4
 
 lished operator can resume operations or until the  office  revokes  the
 authority of the established operator to operate a foster care program.
   (i) The established operator shall grant the temporary operator access
 to  the  established operator's accounts and records in order to address
 any serious health, safety or welfare deficiencies.  The temporary oper-
 ator shall approve any decision related to an established provider's day
 to day operations or  the  established  provider's  ability  to  provide
 programs and services for foster youth.
   3.  The  temporary operator shall not be required to file any bond. No
 security interest in any real or personal property comprising the estab-
 lished operator, contained within the established operator,  or  in  any
 fixture  of the building or buildings owned by the established operator,
 shall be impaired or diminished in priority by the  temporary  operator.
 Neither the temporary operator nor the office shall engage in any activ-
 ity that constitutes a confiscation of property.
   4.  The  temporary  operator shall be entitled to a reasonable fee, as
 determined by the commissioner and subject to the approval of the direc-
 tor of the budget, and necessary expenses incurred while  serving  as  a
 temporary  operator  to be paid by the established operator. Such tempo-
 rary operator shall only be liable, in its capacity as temporary  opera-
 tor,  for injury to person or property by reason of its operation of the
 agency of the established operator. No liability shall  be  incurred  in
 the  temporary operator's personal capacity, except for gross negligence
 and intentional acts.
   5. (a) The commissioner shall, upon making a determination to  appoint
 a  temporary  operator  pursuant  to paragraph (a) of subdivision two of
 this section, cause  the  established  operator  and  the  local  social
 services  district  to  be  notified of the appointment by registered or
 certified mail addressed to the  principal  office  of  the  established
 operator  and the local social sevices district. Such notification shall
 include a detailed description of the findings underlying  the  appoint-
 ment  of a temporary operator, and the date and time of a required meet-
 ing within ten days.
   (b) The commissioner shall, upon making a determination to  appoint  a
 temporary  operator pursuant to paragraph (a) of subdivision two of this
 section, cause the temporary president of the senate, and the speaker of
 the assembly to receive  appropriate  and  timely  notification  of  the
 appointment  of  a temporary operator. Such notification shall include a
 description of the findings underlying the appointment  of  a  temporary
 operator  and the identification of the temporary operator. Such notifi-
 cation shall be made as soon as practicable under the circumstances.
   6. Notwithstanding the appointment of a temporary operator, the estab-
 lished operator shall remain obligated for the  continued  provision  of
 care  and  services for the foster care youth. No provision contained in
 this section shall be deemed to relieve the established operator or  any
 other  person  of  any civil or criminal liability incurred, or any duty
 imposed by law, by reason of acts or omissions of the established opera-
 tor or any other person prior to the appointment of any temporary opera-
 tor of the building hereunder; nor  shall  anything  contained  in  this
 section  be  construed  to suspend during the term of the appointment of
 the temporary operator of the building any obligation of the established
 operator or any other person for  the  maintenance  and  repair  of  the
 building, provision of utility services, payment of taxes or other oper-
 ating  and  maintenance expenses of the building, nor of the established
 operator or any other person for the payment of mortgages or liens.

 S. 6742--B                          5
 
   § 3. This act shall take effect immediately and shall expire March 31,
 2019 or one hundred eighty days after the  appointment  of  a  temporary
 operator  who  was  appointed no later than March 31, 2019, whichever is
 later; provided,  however,  that  the  office  of  children  and  family
 services  shall notify the legislative bill drafting commission upon the
 occurrence of the appointment of a temporary operator who was  appointed
 prior  to  March  31, 2019 which would extend the provisions of this act
 beyond such date in order that the commission may maintain  an  accurate
 and  timely  effective data base of the official text of the laws of the
 state of New York in  furtherance  of  effectuating  the  provisions  of
 section  44  of the legislative law and section 70-b of the public offi-
 cers law.

2017-S6742C (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Social Services

2017-S6742C (ACTIVE) - Summary

Authorizes the appointment of a temporary operator to provide foster care on a temporary basis where the established operator is unable to ensure the proper operation of their foster care program.

2017-S6742C (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6742C              REVISED MEMO 01/25/2018

SPONSOR: MURPHY
 
TITLE OF BILL:  An act to provide for the appointment of a temporary
operator to provide foster care on a temporary basis where a certain
established operator is unable or unwilling to ensure the proper opera-
tion of the foster care program; and providing for the repeal of such
provisions upon expiration thereof

 
PURPOSE:

Grants the commissioner of the office of children and family services
temporary authority to appoint a temporary operator for a foster care
agency that serves hard to place youth.

 
SUMMARY OF PROVISIONS:

Section 1: Legislative Intent. This act is intended to provide the
office of children and family services with the ability to assist a
foster care agency that provides services to very high needs youth with
the stabilization of their foster care program through the appointment

of a temporary operator.

Section 2 Adds language to authorize the office of children and family
services to appoint a temporary operator in where they find serious
health, safety or welfare deficiencies in a foster care agency that
serves hard to place youth located within the Town of Mount Pleasant,
Westchester county. This section also defines foster care agency and
clarifies health, safety or welfare concerns of the youth served at the
facility, the community or the workforce of such facility as impetus for
action by the office of children and family services to appoint a tempo-
rary operator. The bill defines the role of the temporary operator as
well as the term lengths of the temporary appointment including due
process for the established operator.

Section 3. Establishes the effective date and includes expiration and
repeal of this section on March 31, 2019 or 180 days after the appoint-
ment of a temporary operator appointed prior to March 31, 2019.

 
JUSTIFICATION:

This legislation provides for the appointment of a temporary operator by
the commissioner of the office of children and family services for
limited foster care agencies. Recent incidents have occurred at foster
care agencies located in a suburban New York City community that have
warranted a significant corrective action plan be put in place by the
office of children and family services.

At this time, the only true recourse for the commissioner in enforcing
the corrective action plan with an uncooperative agency is the threat of
facility closure should the corrective action plan not be followed. This
additional oversight will allow the commissioner to intervene and
appoint a temporary operator if there are serious health, safety or
welfare concerns for the youth served by the facility, the community
surrounding the facility or the workforce at the facility when the
current established operator does cooperate with the commissioner on
addressing the health and safety concerns.

 
LEGISLATIVE HISTORY:
S.6742-B

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed the later of March 31, 2019 or 180 days after the appointment
of a temporary operator appointed prior to March 31, 2019.

2017-S6742C (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6742--C
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               June 15, 2017
                                ___________
 
 Introduced  by  Sen.  MURPHY -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Rules  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  --  recommitted  to the Committee on Children and
   Families in accordance  with  Senate  Rule  6,  sec.  8  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  --  committee  discharged,  bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to provide for the appointment of a temporary operator to provide
   foster care on a temporary basis where a certain established  operator
   is  unable  or  unwilling to ensure the proper operation of the foster
   care program; and providing for the repeal  of  such  provisions  upon
   expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent. It is the intent of the legislature  to
 ensure that children in foster care are provided with a safe and nurtur-
 ing  environment  that  meets their individual needs and enables them to
 cope with a history of trauma and disruptions, and to  maintain  a  safe
 environment for the community and workforce of such facility. It is also
 the  intent  of  the  legislature  to ensure a continuity of care in the
 delivery of those supports and services for these youth.  To  that  end,
 this  act  is  intended  to  provide  the  office of children and family
 services with the ability to assist foster care  agencies  that  provide
 services to very high needs youth with the stabilization of their foster
 care programs through the appointment of a temporary operator.
   §  2. The office of children and family services (hereinafter referred
 to in this act as the "office") shall have the authority  to  appoint  a
 temporary operator in accordance with this section:
   1. For the purposes of this section:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13188-12-8

 S. 6742--C                          2
 
   (a) "Commissioner" shall mean the commissioner of the office or his or
 her designee.
   (b)  "Data"  shall mean written documentation or knowledge obtained in
 the course of an inspection, audits or other methods authorized by law.
   (c) "Foster care agency" shall mean an authorized agency as defined in
 paragraph (a) of subdivision 10 of section 371 of  the  social  services
 law that operates one or more foster care programs.
   (d) "Foster care youth" shall mean a person under the age of 21 who is
 in  the  care  and custody, or custody and guardianship of an authorized
 agency as such term is defined in subdivision 10 of section 371  of  the
 social services law.
   (e)  "Established operator" shall mean a foster care agency located in
 the town of Mount Pleasant, in the county of  Westchester,  that  serves
 hard to place youth.
   (f)  "Serious  health,  safety  or  welfare  deficiency"  shall mean a
 violation of a law, rule  or  regulation  by  the  established  operator
 resulting  in  conditions  that  are  dangerous, hazardous or imminently
 detrimental to the life or health, or otherwise jeopardize the safety of
 the foster care youth served by such operator, the  community  or  work-
 force of such facility.
   (g)  "Temporary  operator" shall mean any foster care agency appointed
 by the commissioner that:
   (i) agrees to provide foster care on a temporary  basis  in  the  best
 interests  of  the foster care youth served by the established operator,
 the community or workforce of such facility;
   (ii) has a history of compliance  with  applicable  laws,  rules,  and
 regulations  and  a  record of providing foster care of good quality, as
 determined by the commissioner; and
   (iii) upon appointment as temporary operator, develops a  plan  deter-
 mined  to be satisfactory by the commissioner to address the established
 operator's deficiencies. Such plan may require the use of a fence, secu-
 rity guard, or private security force.
   (h) "Local social services district" shall include  any  local  social
 services district with care and custody or custody and guardianship of a
 foster  care  youth  placed  with  the  established operator that may be
 subject to the appointment of a  temporary  operator  pursuant  to  this
 section,  as well as the local social services district where the estab-
 lished operator is located.
   2. (a) In the event that: (i) the commissioner finds  that  there  are
 conditions  within  an  established  operator  that is consistent with a
 serious health, safety or  welfare  deficiency,  regarding  foster  care
 youth,  the  community  or workforce of such facility, or (ii) an estab-
 lished operator seeks extraordinary financial assistance and the commis-
 sioner finds that the operator is experiencing serious financial  insta-
 bility  that  is  jeopardizing existing or continued access to essential
 services within the community, the commissioner may immediately  appoint
 a temporary operator for a period of ten days to assume sole control and
 sole  responsibility  for  the  operators  of  such established operator
 during such ten day period.
   During the initial ten day period of appointment, the  office,  acting
 by  and  through  its  employees, shall meet and consult with the estab-
 lished operator to identify and  discuss  the  condition  or  conditions
 which  are the grounds for the appointment of the temporary operator and
 the remedies for such condition or conditions.
   (b) Upon the conclusion of the ten day period of  the  appointment  of
 the  temporary  operator,  if a mutually satisfactory plan of correction

 S. 6742--C                          3
 
 and schedule for implementation is developed, and  the  office  makes  a
 determination that the established operator has agreed to and is able to
 remedy  the conditions which were the grounds for the appointment of the
 temporary  operator,  the term of the temporary appointment shall termi-
 nate and the established operator shall resume control of and  responsi-
 bility  for  the  foster care agency. Such plan may require the use of a
 fence, security guard, or private security force.    Provided,  however,
 that  in the event the office and the established operator fail to agree
 to a plan of correction which includes all  necessary  remedies  or  the
 established  operator is unable or unwilling to implement such remedies,
 the term of the temporary operator shall be extended for  an  additional
 thirty days.
   (c)  During  the  extended  thirty  day period of the appointment of a
 temporary operator, there shall be  an  administrative  hearing  on  the
 commissioner's determination to appoint a temporary operator to begin no
 later  than  thirty  days from the date of the notice to the established
 operator. Any such hearing shall be strictly limited  to  the  issue  of
 whether  the  determination  of  the commissioner to appoint a temporary
 operator is supported by substantial evidence. A copy  of  the  decision
 shall  be sent to the established operator and the local social services
 district.
   (d) If the decision to appoint a temporary  operator  is  upheld,  the
 term  shall be extended an additional one hundred eighty days. After one
 hundred eighty days, if the commissioner determines that termination  of
 the  temporary  operator  would  cause  significant deterioration of the
 quality of the foster care program run by the established  operator,  or
 an increased risk to the community or workforce of such facility or that
 reappointment is necessary to correct the deficiencies that required the
 appointment of the temporary operator, the commissioner may authorize an
 additional  one  hundred  eighty day term.   However, such authorization
 shall include the commissioner's  requirements  for  conclusion  of  the
 temporary  operatorship  to  be satisfied within the additional term. In
 addition, when an additional one hundred eighty day term is  authorized,
 the  commissioner  shall work with the local social services district to
 identify alternative appropriate placement for  the  foster  care  youth
 placed  with the established operator, that provide specialized services
 needed by such youth, should the temporary operator not be able to  meet
 the objectives identified in the agreed upon plan.
   (e)  Within  fourteen  days  prior to the termination of a one hundred
 eighty day appointment of a temporary operator, the  temporary  operator
 shall submit to the commissioner, to the local social services district,
 and to the established operator a report describing:
   (i) the actions taken during the appointment to address the identified
 deficiencies,  the  resumption of operation by the established operator,
 or the revocation of authority to operate a foster care program;
   (ii) objectives for the continuation of the temporary operatorship  if
 necessary and a schedule for satisfaction of such objectives; and
   (iii) if applicable, the recommended actions for the ongoing provision
 of foster care subsequent to the temporary operatorship.
   (f)  The  term  of the initial appointment and of any subsequent reap-
 pointment may be terminated prior to the expiration  of  the  designated
 term,  if  the established operator and the commissioner agree on a plan
 of correction and the implementation of such plan.
   (g) The commissioner, at any time he or she deems necessary and to the
 extent practicable, shall consult  and  may  involve  the  local  social
 services district.

 S. 6742--C                          4
 
   (h)  The  appointment  of  the temporary operator shall be effectuated
 pursuant to this section and shall be in addition to any other  remedies
 provided by law.  During the term of appointment, the temporary operator
 shall have the authority to direct the staff of the established operator
 as  necessary  to  appropriately  provide  care for foster care youth in
 accordance with the plan approved by  the  commissioner.  The  temporary
 operator  shall,  during  this period, provide programs and services for
 foster youth in such a manner as to  promote  the  health,  safety,  and
 welfare  of  the  youth,  the  community, and workforce of such facility
 until either the established operator can resume operations or until the
 office revokes the authority of the established operator  to  operate  a
 foster care program.
   (i) The established operator shall grant the temporary operator access
 to  the  established operator's accounts and records in order to address
 any serious health, safety or welfare deficiencies of such  foster  care
 youth,  community, or workforce of such facility. The temporary operator
 shall approve any decision related to an established provider's  day  to
 day operations or the established provider's ability to provide programs
 and services for foster youth.
   3.  The  temporary operator shall not be required to file any bond. No
 security interest in any real or personal property comprising the estab-
 lished operator, contained within the established operator,  or  in  any
 fixture  of the building or buildings owned by the established operator,
 shall be impaired or diminished in priority by the  temporary  operator.
 Neither the temporary operator nor the office shall engage in any activ-
 ity that constitutes a confiscation of property.
   4.  The  temporary  operator shall be entitled to a reasonable fee, as
 determined by the commissioner and subject to the approval of the direc-
 tor of the budget, and necessary expenses incurred while  serving  as  a
 temporary  operator  to be paid by the established operator. Such tempo-
 rary operator shall only be liable, in its capacity as temporary  opera-
 tor,  for injury to person or property by reason of its operation of the
 agency of the established operator. No liability shall  be  incurred  in
 the  temporary operator's personal capacity, except for gross negligence
 and intentional acts.
   5. (a) The commissioner shall, upon making a determination to  appoint
 a  temporary  operator  pursuant  to paragraph (a) of subdivision two of
 this section, cause  the  established  operator  and  the  local  social
 services  district  to  be  notified of the appointment by registered or
 certified mail addressed to the  principal  office  of  the  established
 operator and the local social services district. Such notification shall
 include  a  detailed description of the findings underlying the appoint-
 ment of a temporary operator, and the date and time of a required  meet-
 ing within ten days.
   (b)  The  commissioner shall, upon making a determination to appoint a
 temporary operator pursuant to paragraph (a) of subdivision two of  this
 section, cause the temporary president of the senate, and the speaker of
 the  assembly  to  receive  appropriate  and  timely notification of the
 appointment of a temporary operator. Such notification shall  include  a
 description  of  the  findings underlying the appointment of a temporary
 operator and the identification of the temporary operator. Such  notifi-
 cation shall be made as soon as practicable under the circumstances.
   6. Notwithstanding the appointment of a temporary operator, the estab-
 lished  operator  shall  remain obligated for the continued provision of
 care and services for the foster care youth. No provision  contained  in
 this  section shall be deemed to relieve the established operator or any

 S. 6742--C                          5
 
 other person of any civil or criminal liability incurred,  or  any  duty
 imposed by law, by reason of acts or omissions of the established opera-
 tor or any other person prior to the appointment of any temporary opera-
 tor  of  the  building  hereunder;  nor shall anything contained in this
 section be construed to suspend during the term of  the  appointment  of
 the temporary operator of the building any obligation of the established
 operator  or  any  other  person  for  the maintenance and repair of the
 building, provision of utility services, payment of taxes or other oper-
 ating and maintenance expenses of the building, nor of  the  established
 operator or any other person for the payment of mortgages or liens.
   § 3. This act shall take effect immediately and shall expire March 31,
 2019  or  one  hundred  eighty days after the appointment of a temporary
 operator who was appointed no later than March 31,  2019,  whichever  is
 later;  provided,  however,  that  the  office  of  children  and family
 services shall notify the legislative bill drafting commission upon  the
 occurrence  of the appointment of a temporary operator who was appointed
 prior to March 31, 2019 which would extend the provisions  of  this  act
 beyond  such  date in order that the commission may maintain an accurate
 and timely effective data base of the official text of the laws  of  the
 state  of  New  York  in  furtherance  of effectuating the provisions of
 section 44 of the legislative law and section 70-b of the  public  offi-
 cers law.

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Senate Bill S6742C

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Jan 30, 2018 - Children And Families Committee Vote

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Terrence Murphy

Archive: Last Bill Status - In Senate Committee Rules Committee

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