NY State Senate Bill 2017-S9139

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 25, 2018	referred to rules

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2017-S9139 (ACTIVE) - Details

See Assembly Version of this Bill:: A11271
Current Committee:: Senate Rules
Law Section:: Social Services Law
Laws Affected:: Amd §372, Soc Serv L
Versions Introduced in 2019-2020 Legislative Session:: S222, A1436

2017-S9139 (ACTIVE) - Summary

Requires authorized agencies to report on unaccompanied alien children under such agencies' care; provides that a person who knowingly submits false information shall be guilty of offering a false instrument for filing; provides that the commissioner of social services may deny, revoke, or terminate an authorized agency's existing licensure or registration for failure to report such information in the prescribed time frame.

2017-S9139 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S9139

SPONSOR: BENJAMIN
 
TITLE OF BILL:  An act to amend the social services law, in relation
to reporting of unaccompanied alien children by authorized agencies

 
PURPOSE:

To improve the reporting of status of children separated from parents
and placed in the custody of child-welfare organizations in New York
State and to provide for penalties for noncompliance.

 
SUMMARY OF PROVISIONS:

Adds new subsection 9 of the Social Services Law § 372 that requires
reporting every fifteen days of the following data by a child welfare
agency with custody of alien minors separated from alien parents to the
Commissioner of Children and Family Services:

-The number of unaccompanied alien minors newly accepted into the
authorized agency's care within the previous thirty days under a

contract, grant, or other agreement with the federal government

-The number of unaccompanied alien minors released from the authorized
agency's care within the previous thirty days under a contract, grant,
or other agreement with the federal government

-The number of unaccompanied alien minors currently under the authorized
agency's care under a contract, grant, or other agreement with the
federal government at the time of the report

-The median and mean number of days unaccompanied alien minors have
spent in the care of the authorized agency under a contract, grant, or
other agreement with the federal government

-The number of unaccompanied alien minors in the authorized agency's
care who were forcibly removed from the custody of their parents

-The number of unaccompanied alien minors previously forcibly removed
from the custody of their parents and placed in the authorized agency's
care that have been restored to the custody of their parents

-The number of unaccompanied alien minors in the authorized agency's
care whose primary language is not English, including the number of
minors speaking each language and the primary language spoken by such
children; and

-Any other information the commissioner deems necessary

-Failure to report this information completely and accurately will be
punishable as filing a false instrument under the Penal Law.

-The Commissioner of the Office of Family and Children's Services may
revoke the license of any authorized agency for failure to provide
information as described her.

-The data collected by the Commissioner of the Office of Family and
Children's Services shall be made public in real-time and to government
officials upon request.
 
EXISTING LAW:

New Bill

 
JUSTIFICATION:

The President's Zero Tolerance policy for illegal immigration has
resulted in a large but indeterminate number of alien children being
separated from their parents by the federal office of Immigration and
Customs Enforcement (ICE). Many of these children are in the custody of
nonprofit children's protective and orphanage placement agencies in New
York State. Despite a federal court order to return the alien children
to their parents, there is no public or transparent record of the number
of such children separated from their parents, their status, or whether
they have been returned. This bill forces such entities to report to the
Office of Children and Family Services to report such information, and
if they do not, to face criminal penalties and loss of license.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

Minimal; staff time to compile and publish submitted data.

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediate

2017-S9139 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 9139                                                 A. 11271
 
                       S E N A T E - A S S E M B L Y
 
                               July 25, 2018
                                ___________
 
 IN  SENATE  --  Introduced  by  Sen.  BENJAMIN -- read twice and ordered
   printed, and when printed to be committed to the Committee on Rules
 
 IN ASSEMBLY -- Introduced by COMMITTEE ON RULES -- (at request of M.  of
   A. Epstein) -- read once and referred to the Committee on Children and
   Families
 
 AN  ACT  to  amend  the social services law, in relation to reporting of
   unaccompanied alien children by authorized agencies
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act shall be known as and may be cited as the "SCAR
 Act" or the "Separation of Children Accountability Response Act".
   § 2. Section 372 of the social services law is amended by adding a new
 subdivision 9 to read as follows:
   9. (A) AN AUTHORIZED AGENCY AS DEFINED IN PARAGRAPHS (A)  AND  (B)  OF
 SUBDIVISION TEN OF SECTION THREE HUNDRED SEVENTY-ONE OF THIS TITLE SHALL
 BE  REQUIRED  TO  REPORT  THE  FOLLOWING INFORMATION TO THE COMMISSIONER
 EVERY FIFTEEN DAYS:
   (I) THE NUMBER OF UNACCOMPANIED ALIEN CHILDREN NEWLY ACCEPTED INTO THE
 AUTHORIZED AGENCY'S CARE  WITHIN  THE  PREVIOUS  FIFTEEN  DAYS  UNDER  A
 CONTRACT, GRANT, OR OTHER AGREEMENT WITH THE FEDERAL GOVERNMENT;
   (II)  THE  NUMBER  OF  UNACCOMPANIED  ALIEN CHILDREN RELEASED FROM THE
 AUTHORIZED AGENCY'S CARE  WITHIN  THE  PREVIOUS  FIFTEEN  DAYS  UNDER  A
 CONTRACT, GRANT, OR OTHER AGREEMENT WITH THE FEDERAL GOVERNMENT;
   (III)  THE  NUMBER OF UNACCOMPANIED ALIEN CHILDREN CURRENTLY UNDER THE
 AUTHORIZED AGENCY'S CARE UNDER A CONTRACT,  GRANT,  OR  OTHER  AGREEMENT
 WITH THE FEDERAL GOVERNMENT AT THE TIME OF THE REPORT;
   (IV)  THE  MEDIAN AND MEAN NUMBER OF DAYS UNACCOMPANIED ALIEN CHILDREN
 HAVE SPENT IN THE CARE OF THE AUTHORIZED AGENCY UNDER A CONTRACT, GRANT,
 OR OTHER AGREEMENT WITH THE FEDERAL GOVERNMENT AND THE TOTAL  NUMBER  OF
 DAYS SPENT IN THE CUSTODY OF THE FEDERAL GOVERNMENT, IF KNOWN;
   (V)  (1)  THE NUMBER OF UNACCOMPANIED ALIEN CHILDREN IN THE AUTHORIZED
 AGENCY'S CARE WHO WERE REMOVED FROM THE CARE OR CUSTODY OF THEIR PARENTS
 BY AN OFFICIAL, AGENT OR AGENCY OF THE FEDERAL GOVERNMENT WHILE ENTERING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16412-03-8

 S. 9139                             2                           A. 11271
 
 OR ATTEMPTING TO ENTER THE UNITED STATES OR  AFTER  HAVING  ENTERED  THE
 UNITED STATES, AND (2) THE NUMBER OF UNACCOMPANIED ALIEN CHILDREN PREVI-
 OUSLY  REMOVED  FROM  THE  CUSTODY  OF  THEIR  PARENTS AND PLACED IN THE
 AUTHORIZED AGENCY'S CARE THAT HAVE BEEN RESTORED TO THE CUSTODY OF THEIR
 PARENTS;
   (VI)  THE  NUMBER  OF  UNACCOMPANIED  ALIEN CHILDREN IN THE AUTHORIZED
 AGENCY'S CARE WHOSE PRIMARY  LANGUAGE  IS  NOT  ENGLISH,  INCLUDING  THE
 NUMBER  OF  CHILDREN  SPEAKING  EACH  LANGUAGE  AND THE PRIMARY LANGUAGE
 SPOKEN BY SUCH CHILDREN;
   (VII) THE NUMBER OF UNACCOMPANIED ALIEN CHILDREN PLACED  INTO  PARTIC-
 ULAR  TYPES  OF  CARE  OR CUSTODY INCLUDING, BUT NOT LIMITED TO, TRANSI-
 TIONAL FOSTER CARE, LONG-TERM FOSTER CARE, SECURE CARE  OR  STAFF-SECURE
 CARE; AND
   (VIII) ANY OTHER INFORMATION THE COMMISSIONER DEEMS NECESSARY.
   (B)  REPORTS TO THE COMMISSIONER SHALL NOT REVEAL IDENTIFYING INFORMA-
 TION ABOUT SPECIFIC CASES OR INDIVIDUALS,  AND  THE  COMMISSIONER  SHALL
 ENSURE  THAT  ALL REPORTING REQUIREMENTS COMPLY WITH FEDERAL LAWS, REGU-
 LATIONS, AND POLICIES. A PERSON WHO KNOWINGLY SUBMITS FALSE  INFORMATION
 REQUIRED BY THIS SUBDIVISION SHALL BE GUILTY OF OFFERING A FALSE INSTRU-
 MENT FOR FILING UNDER ARTICLE ONE HUNDRED SEVENTY-FIVE OF THE PENAL LAW.
   (C)  THE  COMMISSIONER  MAY  DENY,  REVOKE, OR TERMINATE AN AUTHORIZED
 AGENCY'S EXISTING LICENSURES OR REGISTRATIONS  FOR  FAILURE  TO  PROVIDE
 SUCH INFORMATION IN THE PRESCRIBED TIME FRAME.
   (D)  THE  COMMISSIONER SHALL COMPILE SUCH DATA UTILIZING THE OFFICE OF
 CHILDREN  AND  FAMILY  SERVICES'  BUREAU  OF  RESEARCH,  EVALUATION  AND
 PERFORMANCE  ANALYTICS  (HEREINAFTER  REFERRED  TO AS THE "BUREAU"). THE
 BUREAU, OR ITS SUCCESSOR AGENCY, SHALL SUPPLY SUCH  INFORMATION  TO  THE
 COMMISSIONER  AND GOVERNMENT OFFICIALS UPON REQUEST, AND SHALL MAKE SUCH
 INFORMATION AVAILABLE TO THE PUBLIC IN A MANNER ACCESSIBLE TO THE PUBLIC
 IN REAL-TIME.
   (E) FOR PURPOSES OF THIS SUBDIVISION, THE TERM "ALIEN" IS  DEFINED  AS
 ANY  PERSON  NOT  A  CITIZEN  OR NATIONAL OF THE UNITED STATES, THE TERM
 "CHILD" SHALL HAVE THE SAME MEANING AS DEFINED IN SECTION THREE  HUNDRED
 SEVENTY-ONE  OF  THIS TITLE, AND THE TERM "UNACCOMPANIED" WITH REGARD TO
 AN ALIEN CHILD IS DEFINED CONSISTENT WITH FEDERAL LAW AND SHALL  INCLUDE
 CHILDREN  WHO  WERE UNACCOMPANIED WHEN THEY CROSSED THE BORDER AND CHIL-
 DREN WHO WERE NOT ACCOMPANIED WHEN THEY  CROSSED  THE  BORDER  BUT  WERE
 RENDERED  UNACCOMPANIED  BY  REMOVAL  FROM  THE CARE OR CUSTODY OF THEIR
 PARENT OR GUARDIAN.
   § 3. This act shall take effect immediately.

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Senate Bill S9139

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

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co-Sponsors

2017-S9139 (ACTIVE) - Details

2017-S9139 (ACTIVE) - Summary

2017-S9139 (ACTIVE) - Sponsor Memo

2017-S9139 (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

co-Sponsors

2017-S9139 (ACTIVE) - Details

2017-S9139 (ACTIVE) - Summary

2017-S9139 (ACTIVE) - Sponsor Memo

2017-S9139 (ACTIVE) - Bill Text download pdf

Comments