S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7815
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 23, 2019
                                ___________
 
 Introduced by M. of A. HEVESI -- read once and referred to the Committee
   on Social Services
 
 AN  ACT  to amend the social services law, the executive law, the public
   health law and  the  judiciary  law,  in  relation  to  providing  for
   supports  and  services  for unaccompanied minors with no lawful immi-
   gration status

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 2 of the social services law is amended by adding a
 new subdivision 39 to read as follows:
   39.  "UNACCOMPANIED MINOR" SHALL MEAN A CHILD WHO, PRIOR TO RELEASE TO
 A SPONSOR WAS IN THE CUSTODY OF THE FEDERAL OFFICE OF REFUGEE  RESETTLE-
 MENT AND:
   (A) HAS NO LAWFUL IMMIGRATION STATUS IN THE UNITED STATES;
   (B) HAS NOT ATTAINED EIGHTEEN YEARS OF AGE; AND
   (C)  HAS NO PARENT OR LEGAL GUARDIAN IN THE UNITED STATES OR NO PARENT
 OR LEGAL GUARDIAN IN THE UNITED STATES AVAILABLE  TO  PROVIDE  CARE  AND
 PHYSICAL CUSTODY.
   §  2.  Article 5 of the social services law is amended by adding a new
 title 12-A to read as follows:
                                 TITLE 12-A
              SUPPORTS AND SERVICES FOR UNACCOMPANIED MINORS
 SECTION 370-C. SUPPORTS AND SERVICES FOR UNACCOMPANIED MINORS.
         370-D. INFORMATIONAL MATERIALS.
   § 370-C. SUPPORTS AND SERVICES FOR UNACCOMPANIED MINORS. 1.   UNACCOM-
 PANIED  MINORS SHALL BE ELIGIBLE FOR A RANGE OF APPROPRIATE SERVICES AND
 SUPPORTS, WHICH SHALL BE BENEFICIAL TO THE HEALTH, SAFETY, AND  WELL-BE-
 ING  OF SUCH MINORS. SUCH SERVICES SHALL INCLUDE, BUT NOT BE LIMITED TO:
 PUBLIC ASSISTANCE BENEFITS COVERED UNDER PARAGRAPH  (H)  OF  SUBDIVISION
 ONE  OF  SECTION  ONE  HUNDRED  FIFTY-EIGHT  OF THIS CHAPTER; HEALTH AND
 BEHAVIORAL HEALTH SERVICES COVERED UNDER PARAGRAPH  (K)  OF  SUBDIVISION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11723-03-9

 A. 7815                             2
 
 TWO  OF  SECTION  TWENTY-FIVE  HUNDRED  ELEVEN OF THE PUBLIC HEALTH LAW;
 INDIVIDUAL COUNSELING  SESSIONS  WITH  SOCIAL  WORKERS;  LEGAL  SERVICES
 PROVIDED  UNDER SECTION THREE HUNDRED NINETY-FOUR OF THIS CHAPTER, WHICH
 SHALL   INCLUDE   CULTURALLY  AND  LINGUISTICALLY  APPROPRIATE  SERVICES
 PROVIDED BY ATTORNEYS, INTERPRETERS, AND OTHER SUPPORT STAFF FOR  REPRE-
 SENTATION  IN  STATE COURT PROCEEDINGS, FEDERAL IMMIGRATION PROCEEDINGS,
 AND ANY  APPEALS  ARISING  FROM  SUCH  PROCEEDINGS;  LANGUAGE  SERVICES;
 EMPLOYMENT  ASSISTANCE;  BILINGUAL  SUPPORT  GROUPS; AND ASSISTANCE WITH
 EDUCATIONAL RIGHTS AND ENROLLMENT IN PUBLIC SCHOOLS.
   2. SUCH SERVICES AND SUPPORTS SHALL BE IDENTIFIED  BY  AN  IMMIGRATION
 SERVICES LIAISON UNDER SECTION NINETY-FOUR-B OF THE EXECUTIVE LAW, WHICH
 SHALL,  TO THE EXTENT PRACTICABLE, CONNECT EACH UNACCOMPANIED MINOR WITH
 RESOURCES IN ORDER TO ACCESS SUCH SUPPORTS AND  SERVICES  IDENTIFIED  IN
 SUBDIVISION  ONE OF THIS SECTION. THE IMMIGRATION SERVICES LIAISON SHALL
 CONNECT WITH UNACCOMPANIED MINORS PRIOR TO RELEASE TO A  SPONSOR  DETER-
 MINED  TO  BE APPROPRIATE BY THE FEDERAL OFFICE OF REFUGEE RESETTLEMENT,
 TO THE EXTENT PRACTICABLE, BUT NO LATER THAN UPON REFERRAL  PURSUANT  TO
 SECTION  THREE  HUNDRED  SEVENTY-FOUR-G OR THREE HUNDRED NINETY-THREE OF
 THIS CHAPTER.
   3. ANY INDIVIDUAL OR PROGRAM PROVIDING SUCH SERVICES AND  SUPPORTS  OR
 OTHERWISE  PROVIDING  ASSISTANCE TO THE UNACCOMPANIED MINOR SHALL ENSURE
 THEY RECEIVE TRAUMA INFORMED TRAINING AS WELL  AS  TRAINING  ON  HOW  TO
 IDENTIFY  AND  APPROPRIATELY  REACT TO UNACCOMPANIED MINORS WHO MAY HAVE
 EXPERIENCED ADVERSE CHILDHOOD EXPERIENCES. IN  ADDITION,  ANY  SERVICES,
 SUPPORTS  OR  ASSISTANCE  SHALL  BE  PROVIDED  IN A CULTURALLY COMPETENT
 MANNER.
   § 370-D. INFORMATIONAL MATERIALS. 1. THE OFFICE OF TEMPORARY AND DISA-
 BILITY ASSISTANCE, IN CONSULTATION WITH THE OFFICE OF CHILDREN AND FAMI-
 LY SERVICES, THE OFFICE OF MENTAL HEALTH AND THE OFFICE FOR  NEW  AMERI-
 CANS,  SHALL DEVELOP INFORMATIONAL MATERIALS FOR AUTHORIZED AGENCIES, AS
 DEFINED IN PARAGRAPH (A) OF SUBDIVISION TEN  OF  SECTION  THREE  HUNDRED
 SEVENTY-ONE  OF THIS CHAPTER AND OUT OF STATE FOSTER CARE AGENCIES. SUCH
 INFORMATIONAL MATERIALS SHALL  INCLUDE  CONTACT  INFORMATION  FOR  IMMI-
 GRATION SERVICES LIAISONS, AS WELL AS A GENERAL DESCRIPTION OF THE BENE-
 FITS  THE  UNACCOMPANIED  MINOR IS ELIGIBLE FOR, PURSUANT TO SUBDIVISION
 ONE OF SECTION THREE HUNDRED SEVENTY-C OF THIS TITLE.
   2. THE INFORMATIONAL MATERIALS SHALL BE MADE AVAILABLE IN ENGLISH  AND
 THE  SIX  MOST  COMMON  NON-ENGLISH LANGUAGES SPOKEN BY INDIVIDUALS WITH
 LIMITED-ENGLISH PROFICIENCY IN THE STATE OF NEW YORK,  BASED  ON  UNITED
 STATES  CENSUS  DATA,  AND SHALL BE PUBLISHED ON THE OFFICE OF TEMPORARY
 AND DISABILITY ASSISTANCE, OFFICE OF CHILDREN AND FAMILY  SERVICES,  THE
 OFFICE OF MENTAL HEALTH AND THE OFFICE FOR NEW AMERICANS' WEBSITES.
   § 3. The social services law is amended by adding a new section 394 to
 read as follows:
   § 394. LEGAL REPRESENTATION OF UNACCOMPANIED MINORS.  1. AN UNACCOMPA-
 NIED  MINOR  OR  MINOR  IN  THE CUSTODY OF THE FEDERAL OFFICE OF REFUGEE
 RESETTLEMENT WHILE IN THE CARE OF AN AUTHORIZED AGENCY  AGAINST  WHOM  A
 REMOVAL  PROCEEDING  MAY  BE  OR HAS BEEN COMMENCED SHALL BE ENTITLED TO
 REPRESENTATION BY ASSIGNED  COUNSEL  FOR  SUCH  PROCEEDING  AND  RELATED
 ASSISTANCE,  PURSUANT  TO  SUBDIVISION ONE OF SECTION THIRTY-FIVE OF THE
 JUDICIARY LAW, INCLUDING INTERPRETATION OR TRANSLATION SERVICES PURSUANT
 TO SUBDIVISION FIVE OF THIS SECTION WHEN THE CHILD:
   (A) WAS PRESENT IN THIS STATE WHEN  QUESTIONED,  TAKEN  INTO  CUSTODY,
 CHARGED,  SUMMONED  OR  PRESENTED  WITH  THE  ALLEGATIONS OF THE REMOVAL
 PROCEEDINGS;

 A. 7815                             3
 
   (B) RESIDED  IN  THIS  STATE  WHEN  QUESTIONED,  TAKEN  INTO  CUSTODY,
 CHARGED,  SUMMONED  OR  PRESENTED  WITH  THE  ALLEGATIONS OF THE REMOVAL
 PROCEEDINGS;
   (C) OR IS DETAINED IN THIS STATE.
   2.  REPRESENTATION  AND RELATED ASSISTANCE PROVIDED IN ACCORDANCE WITH
 THIS SECTION SHALL BE A STATE CHARGE, PURSUANT  TO  SUBDIVISION  ONE  OF
 SECTION THIRTY-FIVE OF THE JUDICIARY LAW.
   3.  (A)  UPON  RECEIPT FROM A FEDERAL IMMIGRATION AUTHORITY OF A CIVIL
 IMMIGRATION DETAINER, OR A REQUEST FOR  TRANSFER,  NOTIFICATION,  INTER-
 VIEW,  INTERROGATION  OR  OTHER  REQUEST, AN AUTHORIZED AGENCY, OR AGENT
 THEREOF, SHALL PROVIDE TO THE CHILD, WHO IS THE SUBJECT OF SUCH DETAINER
 OR REQUEST, SUCH CHILD'S SPONSOR, IF SPONSORED, AND SUCH  CHILD'S  COUN-
 SEL, IF REPRESENTED:
   (I) NOTIFICATION OF SUCH DETAINER OR REQUEST;
   (II) A COPY OF SUCH DETAINER OR REQUEST;
   (III)  NOTICE REGARDING SUCH CHILD'S RIGHT TO COUNSEL PURSUANT TO THIS
 SECTION IF SUCH CHILD IS WITHOUT COUNSEL AT THE TIME OF SUCH DETAINER OR
 REQUEST; AND
   (IV) INFORMATION AS TO WHETHER OR NOT SUCH AGENCY  INTENDS  TO  COMPLY
 WITH SUCH DETAINER OR REQUEST.
   (B)  IF  SUCH CHILD IS UNDER THE AGE OF FIVE AT THE TIME SUCH DETAINER
 OR REQUEST IS RECEIVED, SUCH INFORMATION REQUIRED PURSUANT TO  PARAGRAPH
 (A)  OF THIS SUBDIVISION SHALL ONLY BE PROVIDED TO SUCH CHILD'S SPONSOR,
 IF SPONSORED, AND SUCH CHILD'S COUNSEL, IF REPRESENTED.
   4. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS  SECTION,
 A  CHILD  IN  THE  CARE OF AN AUTHORIZED AGENCY MAY REQUEST TO BE INTER-
 VIEWED BY A FEDERAL LAW ENFORCEMENT AGENCY OR AN AGENT THEREOF ONLY WITH
 WRITTEN AUTHORIZATION BY SUCH CHILD'S COUNSEL,  PROVIDED  THAT  IF  SUCH
 CHILD IS NOT REPRESENTED AND IS ENTITLED TO COUNSEL ASSIGNED PURSUANT TO
 THIS  SECTION,  HE OR SHE SHALL BE NOTIFIED OF SUCH RIGHT AND PROVIDED A
 REASONABLE OPPORTUNITY TO OBTAIN SUCH COUNSEL BEFORE ANY SUCH INTERVIEW.
   5. IN ADDITION TO ANY OTHER RIGHT TO THE ASSISTANCE OF  INTERPRETATION
 OR TRANSLATION SERVICES, ANY FOREIGN-BORN CHILD, OR CHILD NOT PROFICIENT
 IN  THE  ENGLISH  LANGUAGE,  TO  WHOM  INQUIRY  IS MADE PURSUANT TO THIS
 SECTION SHALL BE ENTITLED TO THE ASSISTANCE OF A NEUTRAL  AND  QUALIFIED
 INTERPRETER  OR  TRANSLATOR,  AS  THE  CASE MAY BE, WITH RESPECT TO SUCH
 INQUIRY, PROVIDED AT NO COST OR EXPENSE TO SUCH CHILD.
   6. THIS SECTION SHALL SUPERSEDE CONFLICTING LOCAL LAWS,  RULES,  POLI-
 CIES, PROCEDURES AND PRACTICES, EXCEPT TO THE EXTENT THAT THE PROVISIONS
 OF  ANY  SUCH  LOCAL LAW, RULE, POLICY OR ANY SUCH PROCEDURE OR PRACTICE
 MAY PROVIDE ANY ADDITIONAL OR GREATER RIGHT OR PROTECTION.   NOTHING  IN
 THIS  SECTION SHALL PROHIBIT ANY AUTHORIZED AGENCY FROM COOPERATING WITH
 A FEDERAL IMMIGRATION AUTHORITY TO THE EXTENT REQUIRED BY  FEDERAL  LAW.
 NOTHING  IN THIS SECTION SHALL BE INTERPRETED OR APPLIED SO AS TO CREATE
 ANY POWER, DUTY OR OBLIGATION IN CONFLICT WITH FEDERAL LAW.
   § 4. Paragraphs (m) and (n) of subdivision 5 of section  94-b  of  the
 executive  law, as added by chapter 206 of the laws of 2014, are amended
 and a new paragraph (o) is added to read as follows:
   (m) Encourage and assist  local  governments  in  the  development  of
 activities to enhance civic engagement among immigrants and in immigrant
 communities; [and]
   (n) Beginning in two thousand fifteen, by June fifteenth of each year,
 produce  a  report to the governor, the speaker of the assembly, and the
 temporary president of the  senate  describing  the  activities  of  the
 office, including but not limited to, summarizing calls received through
 the  hotline and website, information on ESOL training services provided

 A. 7815                             4
 
 by the office, the number of immigrants assisted through the opportunity
 centers, or an estimation thereof, the status of any workforce  develop-
 ment programs, and any other relevant information[.]; AND
   (O)  ESTABLISH AN IMMIGRATION SERVICES LIAISON TO ASSIST UNACCOMPANIED
 MINORS AS DEFINED IN SECTION TWO OF THE SOCIAL SERVICES LAW, IN ORDER TO
 ACCESS APPROPRIATE SUPPORTS AND SERVICES FOR SUCH MINORS. THE OFFICE MAY
 WORK IN CONJUNCTION WITH THE OFFICE OF TEMPORARY AND DISABILITY  ASSIST-
 ANCE,  THE  OFFICE  OF  CHILDREN  AND  FAMILY SERVICES AND THE OFFICE OF
 MENTAL HEALTH IN ORDER TO EFFECTUATE THEIR DUTIES UNDER THIS PROVISION.
   § 5. The social services law is amended by adding a new section  374-g
 to read as follows:
   §  374-G.  UNACCOMPANIED  MINORS  RELEASED BY AUTHORIZED AGENCIES.  1.
 EVERY AUTHORIZED AGENCY AS DEFINED IN PARAGRAPH (A) OF  SUBDIVISION  TEN
 OF  SECTION  THREE  HUNDRED  SEVENTY-ONE OF THIS TITLE, THAT RELEASES AN
 UNACCOMPANIED MINOR IN NEW YORK TO A SPONSOR THAT IS A  NEW  YORK  RESI-
 DENT,  AND  DEEMED  TO  BE  APPROPRIATE BY THE FEDERAL OFFICE OF REFUGEE
 RESETTLEMENT, SHALL PROVIDE THE UNACCOMPANIED MINOR  AND  THEIR  SPONSOR
 WITH:  (A)  DIRECT  REFERRALS  TO  IMMIGRATION  SERVICES  LIAISONS UNDER
 SECTION NINETY-FOUR-B OF THE EXECUTIVE LAW; (B) INFORMATIONAL  MATERIALS
 DEVELOPED  BY THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, INFORM-
 ING THEM OF AVAILABLE SUPPORTS AND SERVICES THE UNACCOMPANIED  MINOR  IS
 ELIGIBLE  FOR  UPON  RELEASE  INTO  NEW YORK AS DEFINED IN SECTION THREE
 HUNDRED SEVENTY-C OF THIS CHAPTER; AND (C) NOTIFICATION OF SUCH  MINOR'S
 RIGHT TO COUNSEL UNDER SECTION THREE HUNDRED NINETY-FOUR OF THIS TITLE.
   2. SUCH INFORMATIONAL MATERIALS SHALL BE PROVIDED TO BOTH THE UNACCOM-
 PANIED  MINOR  AND THE SPONSOR, UNLESS SUCH UNACCOMPANIED MINOR IS UNDER
 THE AGE OF FIVE, IN WHICH  CASE  SUCH  INFORMATIONAL  MATERIALS  MAY  BE
 PROVIDED SOLELY TO THE SPONSOR.
   § 6. The social services law is amended by adding a new section 393 to
 read as follows:
   § 393. UNACCOMPANIED MINORS RELEASED BY OUT OF STATE FOSTER CARE AGEN-
 CIES. 1. EVERY OUT OF STATE FOSTER CARE AGENCY THAT RELEASES AN UNACCOM-
 PANIED  MINOR  IN NEW YORK TO A SPONSOR THAT IS A NEW YORK RESIDENT, AND
 DEEMED TO BE APPROPRIATE BY THE FEDERAL OFFICE OF REFUGEE  RESETTLEMENT,
 SHALL PROVIDE THE UNACCOMPANIED MINOR AND THEIR SPONSOR WITH: (A) DIRECT
 REFERRALS TO AN IMMIGRATION SERVICES LIAISON UNDER SECTION NINETY-FOUR-B
 OF  THE  EXECUTIVE  LAW;  (B)  INFORMATIONAL  MATERIALS DEVELOPED BY THE
 OFFICE FOR TEMPORARY AND DISABILITY ASSISTANCE, INFORMING THEM OF AVAIL-
 ABLE SUPPORTS AND SERVICES THE UNACCOMPANIED MINOR IS ELIGIBLE FOR  UPON
 RELEASE  INTO  NEW YORK AS DEFINED IN SECTION THREE HUNDRED SEVENTY-C OF
 THIS CHAPTER; AND (C) NOTIFICATION OF  SUCH  MINOR'S  RIGHT  TO  COUNSEL
 UNDER SECTION THREE HUNDRED NINETY-FOUR OF THIS TITLE.
   2. SUCH INFORMATIONAL MATERIALS SHALL BE PROVIDED TO BOTH THE UNACCOM-
 PANIED  MINOR  AND THE SPONSOR, UNLESS SUCH UNACCOMPANIED MINOR IS UNDER
 THE AGE OF FIVE, IN WHICH  CASE  SUCH  INFORMATIONAL  MATERIALS  MAY  BE
 PROVIDED SOLELY TO THE SPONSOR.
   §  7.  Subparagraphs (i) and (ii) of paragraph (c) of subdivision 1 of
 section 122 of the social services law, as amended by chapter 214 of the
 laws of 1998, are amended and a new subparagraph (iii) is added to  read
 as follows:
   (i)  a  qualified  alien  who entered the United States less than five
 years earlier or for less than five years has had a  status  within  the
 meaning  of  the term "qualified alien" as defined in section 431 of the
 federal personal responsibility and work opportunity reconciliation  act
 of  1996  (8  U.S.  Code 1641), as amended, if such entry occurred on or

 A. 7815                             5
 
 after the twenty-second day  of  August,  nineteen  hundred  ninety-six;
 [and]
   (ii)  an  alien  whose  status  is  not within the meaning of the term
 "qualified alien" as defined in section  431  of  the  federal  personal
 responsibility  and  work opportunity reconciliation act of 1996 (8 U.S.
 Code 1641), as amended, but who is otherwise permanently residing in the
 United States under color of law[.]; AND
   (III) AN UNACCOMPANIED MINOR UNDER SECTION TWO OF THIS CHAPTER.
   § 8. Paragraph (g) of subdivision 1  of  section  158  of  the  social
 services  law,  as  added  by section 44 of part B of chapter 436 of the
 laws of 1997, is amended and a new paragraph (h) is  added  to  read  as
 follows:
   (g) is a qualified alien who is ineligible to receive assistance fund-
 ed  under the temporary assistance for needy families block grant solely
 because of section four hundred three of the federal personal  responsi-
 bility  and  work opportunity reconciliation act of 1996 (P.L.  104-193)
 or is an alien who is permanently residing under color of law but is not
 a qualified alien[.], OR
   (H) IS AN UNACCOMPANIED MINOR UNDER SECTION TWO OF THIS CHAPTER.
   § 9. Subdivision 2 of section 2511 of the public health law is amended
 by adding a new paragraph (k) to read as follows:
   (K) WHERE AN APPLICANT FOR A SUBSIDY PAYMENT PURSUANT  TO  SUBDIVISION
 THREE  OF  THIS  SECTION IS AN UNACCOMPANIED MINOR AS DEFINED IN SECTION
 TWO OF THE SOCIAL SERVICES LAW, SUCH UNACCOMPANIED MINOR SHALL BE ELIGI-
 BLE FOR SUCH SUBSIDY.
   § 10. Subdivision 7 of section 2510  of  the  public  health  law,  as
 amended  by  chapter  428  of  the  laws  of 2013, is amended to read as
 follows:
   7. "Covered health care services" means: the services  of  physicians,
 optometrists,  nurses,  nurse  practitioners, midwives and other related
 professional personnel  which  are  provided  on  an  outpatient  basis,
 including  routine well-child visits; diagnosis and treatment of illness
 and injury; inpatient health care services; laboratory tests; diagnostic
 x-rays; prescription and  non-prescription  drugs  and  durable  medical
 equipment;  radiation  therapy;  chemotherapy;  hemodialysis; outpatient
 blood  clotting  factor  products  and  other  treatments  and  services
 furnished  in  connection  with  the  care of hemophilia and other blood
 clotting  protein  deficiencies;  emergency   room   services;   hospice
 services;  emergency,  preventive  and  routine  dental  care, including
 medically necessary orthodontia but excluding cosmetic surgery; emergen-
 cy, preventive and routine vision care, including eyeglasses; speech and
 hearing services; and, inpatient and outpatient mental  health,  alcohol
 and substance abuse services as defined by the commissioner in consulta-
 tion with the superintendent.  FOR UNACCOMPANIED MINORS, AS SUCH TERM IS
 DEFINED  BY  SECTION TWO OF THE SOCIAL SERVICES LAW, COVERED HEALTH CARE
 SERVICES SHALL ALSO INCLUDE: (A) CHILDREN'S MENTAL HEALTH REHABILITATION
 SERVICES INCLUDING, BUT NOT LIMITED TO,  THOSE  ADDED  TO  THE  MEDICAID
 STATE  PLAN  IN JANUARY OF TWO THOUSAND NINETEEN, OTHER LICENSED PRACTI-
 TIONER SERVICES, COMMUNITY PSYCHIATRIC SUPPORT AND  TREATMENT  SERVICES,
 AND  PSYCHOSOCIAL  REHABILITATION  SERVICES,  ASSUMING  SUCH  CHILDREN'S
 MENTAL HEALTH REHABILITATION SERVICES ARE PROVIDED BY INDIVIDUALS ACTING
 WITHIN THEIR LAWFUL SCOPE OF PRACTICE AS ESTABLISHED UNDER THE EDUCATION
 LAW; AND (B) TRAUMA INFORMED CARE THAT INCLUDES  THE  IDENTIFICATION  OF
 AND APPROPRIATE REACTION AND TREATMENT TO ADVERSE CHILDHOOD EXPERIENCES.
 "Covered  health  care services" shall not include drugs, procedures and
 supplies for the treatment of erectile dysfunction when provided to,  or

 A. 7815                             6
 
 prescribed  for  use  by,  a person who is required to register as a sex
 offender pursuant to article six-C of the correction law, provided  that
 any  denial  of  coverage  of  such  drugs, procedures or supplies shall
 provide  the  patient with the means of obtaining additional information
 concerning both the denial and the means of challenging such denial.
   § 11. The opening paragraph of paragraph a of subdivision 1 of section
 35 of the judiciary law,  is  designated  subparagraph  (i)  and  a  new
 subparagraph (ii) is added to read as follows:
   (II)  PERSONS  PROVIDING  ASSIGNED  COUNSEL  AND RELATED ASSISTANCE IN
 IMMIGRATION-RELATED MATTERS UNDER SECTION THREE HUNDRED  NINETY-FOUR  OF
 THE  SOCIAL  SERVICES  LAW  SHALL BE COMPENSATED IN ACCORDANCE WITH THIS
 SECTION. IN ANY CASE WHERE A CHILD IS  ENTITLED  TO  ASSIGNED  REPRESEN-
 TATION  UNDER  SECTION  THREE HUNDRED NINETY-FOUR OF THE SOCIAL SERVICES
 LAW, PETITIONS ANY COURT WITH JURISDICTION WHERE  THE  MINOR  IS  TO  BE
 QUESTIONED  OR DETAINED, OR IS DETAINED, OR WAS CHARGED IN SUCH IMMIGRA-
 TION-RELATED MATTER, OR MOST RECENTLY RESIDED, THE  COURT  SHALL  ASSIGN
 COUNSEL, WITH APPROPRIATE EXPERTISE AND EXPERIENCE IN IMMIGRATION-RELAT-
 ED MATTERS, IN ACCORDANCE WITH THIS SECTION.
   §  12.  Severability.  If  any clause, sentence, paragraph, section or
 part of this act shall be adjudged by any court of  competent  jurisdic-
 tion  to be invalid and after exhaustion of all further judicial review,
 the judgment shall not affect, impair or invalidate the remainder there-
 of, but shall be confined in its  operation  to  the  clause,  sentence,
 paragraph,  section or part of this act directly involved in the contro-
 versy in which the judgment shall have been rendered.
   § 13. This act  shall  take  effect  immediately;  provided,  however,
 sections  one,  two, four, five, six, seven, eight, nine, ten and eleven
 of this act shall take effect on the sixtieth day after  it  shall  have
 become a law.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7815--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 23, 2019
                                ___________
 
 Introduced  by  M.  of A. HEVESI, JAFFEE, EPSTEIN, AUBRY, LIFTON, REYES,
   ROZIC, ORTIZ, WILLIAMS, CRUZ, RAMOS,  RIVERA,  WALKER,  NIOU,  WEPRIN,
   CRESPO, SIMON, DE LA ROSA, PRETLOW, MOSLEY, ARROYO, COLTON, GOTTFRIED,
   SIMOTAS,  FRONTUS,  DICKENS, BARRON, BLAKE, JEAN-PIERRE, FAHY, SAYEGH,
   L. ROSENTHAL, FERNANDEZ -- Multi-Sponsored by -- M. of A. DenDEKKER --
   read once and referred to the Committee on Social Services -- reported
   and  referred  to  the  Committee  on  Ways  and  Means  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend  the  social services law, the executive law, and the
   public health law, in relation to providing for supports and  services
   for unaccompanied minors with no lawful immigration status
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 2 of the social services law is amended by adding a
 new subdivision 39 to read as follows:
   39. "UNACCOMPANIED MINOR" SHALL MEAN A CHILD WHO, PRIOR TO RELEASE  TO
 A NEW YORK RESIDENT SPONSOR, WAS IN THE CUSTODY OF THE FEDERAL OFFICE OF
 REFUGEE RESETTLEMENT AND:
   (A) HAS NO LAWFUL IMMIGRATION STATUS IN THE UNITED STATES;
   (B)  HAD  NOT ATTAINED EIGHTEEN YEARS OF AGE PRIOR TO BEING TAKEN INTO
 FEDERAL CUSTODY; AND
   (C) WAS NOT ACCOMPANIED BY A PARENT OR LEGAL GUARDIAN  UPON  ENTRY  TO
 THE  UNITED  STATES OR WAS ACCOMPANIED BY A PARENT OR LEGAL GUARDIAN BUT
 SUBSEQUENTLY SEPARATED FROM THAT PARENT OR LEGAL GUARDIAN UPON ENTRY  TO
 THE UNITED STATES.
   §  2.  Article 5 of the social services law is amended by adding a new
 title 12-A to read as follows:
                                 TITLE 12-A
              SUPPORTS AND SERVICES FOR UNACCOMPANIED MINORS
 SECTION 370-C. SUPPORTS AND SERVICES FOR UNACCOMPANIED MINORS.

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

                                                            LBD11723-06-9

 A. 7815--A                          2
 
         370-D. INFORMATIONAL MATERIALS.
   §  370-C. SUPPORTS AND SERVICES FOR UNACCOMPANIED MINORS. 1.  UNACCOM-
 PANIED MINORS, AS DEFINED UNDER SECTION TWO OF THIS  CHAPTER,  SHALL  BE
 ELIGIBLE  FOR  A RANGE OF APPROPRIATE SERVICES AND SUPPORTS, WHICH SHALL
 BE BENEFICIAL TO THE HEALTH, SAFETY, AND WELL-BEING OF SUCH MINORS. SUCH
 SERVICES SHALL INCLUDE, BUT NOT BE LIMITED TO: PUBLIC  ASSISTANCE  BENE-
 FITS  COVERED  UNDER  PARAGRAPH  (H)  OF  SUBDIVISION ONE OF SECTION ONE
 HUNDRED FIFTY-EIGHT  OF  THIS  CHAPTER;  HEALTH  AND  BEHAVIORAL  HEALTH
 SERVICES COVERED UNDER PARAGRAPH (K) OF SUBDIVISION TWO OF SECTION TWEN-
 TY-FIVE  HUNDRED  ELEVEN OF THE PUBLIC HEALTH LAW; INDIVIDUAL COUNSELING
 SESSIONS WITH SOCIAL WORKERS;  LEGAL  SERVICES  PROVIDED  UNDER  SECTION
 THREE   HUNDRED   NINETY-FOUR  OF  THIS  CHAPTER,  WHICH  SHALL  INCLUDE
 CULTURALLY AND LINGUISTICALLY APPROPRIATE SERVICES  PROVIDED  BY  ATTOR-
 NEYS,  INTERPRETERS, AND OTHER SUPPORT STAFF FOR REPRESENTATION IN STATE
 COURT PROCEEDINGS, FEDERAL  IMMIGRATION  PROCEEDINGS,  AND  ANY  APPEALS
 ARISING FROM SUCH PROCEEDINGS; LANGUAGE SERVICES; EMPLOYMENT ASSISTANCE;
 BILINGUAL  SUPPORT  GROUPS;  AND  ASSISTANCE WITH EDUCATIONAL RIGHTS AND
 ENROLLMENT IN PUBLIC SCHOOLS. SUCH SUPPORT AND  SERVICES  SHALL  NOT  BE
 DEEMED  PUBLIC BENEFITS THAT WOULD AFFECT AN UNACCOMPANIED MINOR'S IMMI-
 GRATION STATUS UNDER 8 USC 1182, AS AMENDED, AND ANY REGULATIONS PROMUL-
 GATED THEREUNDER.
   2. SUCH SERVICES AND SUPPORTS SHALL BE IDENTIFIED  BY  AN  IMMIGRATION
 SERVICES LIAISON UNDER SECTION NINETY-FOUR-B OF THE EXECUTIVE LAW, WHICH
 SHALL,  TO THE EXTENT PRACTICABLE, CONNECT EACH UNACCOMPANIED MINOR WITH
 RESOURCES IN ORDER TO ACCESS SUCH SUPPORTS AND  SERVICES  IDENTIFIED  IN
 SUBDIVISION  ONE OF THIS SECTION. THE IMMIGRATION SERVICES LIAISON SHALL
 CONNECT WITH UNACCOMPANIED MINORS PRIOR TO RELEASE TO A  SPONSOR  DETER-
 MINED  TO  BE APPROPRIATE BY THE FEDERAL OFFICE OF REFUGEE RESETTLEMENT,
 TO THE EXTENT PRACTICABLE, BUT NO LATER THAN UPON REFERRAL  PURSUANT  TO
 SECTION  THREE  HUNDRED  SEVENTY-FOUR-G OR THREE HUNDRED NINETY-THREE OF
 THIS CHAPTER.
   3. ANY INDIVIDUAL OR PROGRAM PROVIDING SUCH SERVICES AND  SUPPORTS  OR
 OTHERWISE  PROVIDING  ASSISTANCE TO THE UNACCOMPANIED MINOR SHALL ENSURE
 THEY RECEIVE TRAUMA INFORMED TRAINING AS WELL  AS  TRAINING  ON  HOW  TO
 IDENTIFY  AND  APPROPRIATELY  REACT TO UNACCOMPANIED MINORS WHO MAY HAVE
 EXPERIENCED ADVERSE CHILDHOOD EXPERIENCES. IN  ADDITION,  ANY  SERVICES,
 SUPPORTS  OR  ASSISTANCE  SHALL  BE  PROVIDED  IN A CULTURALLY COMPETENT
 MANNER.
   § 370-D. INFORMATIONAL MATERIALS. 1. THE OFFICE OF TEMPORARY AND DISA-
 BILITY ASSISTANCE, IN CONSULTATION WITH THE OFFICE OF CHILDREN AND FAMI-
 LY SERVICES, THE OFFICE OF MENTAL HEALTH AND THE OFFICE FOR  NEW  AMERI-
 CANS,  SHALL DEVELOP INFORMATIONAL MATERIALS FOR AUTHORIZED AGENCIES, AS
 DEFINED IN PARAGRAPH (A) OF SUBDIVISION TEN  OF  SECTION  THREE  HUNDRED
 SEVENTY-ONE  OF THIS CHAPTER AND OUT OF STATE FOSTER CARE AGENCIES. SUCH
 INFORMATIONAL MATERIALS SHALL  INCLUDE  CONTACT  INFORMATION  FOR  IMMI-
 GRATION SERVICES LIAISONS, AS WELL AS A GENERAL DESCRIPTION OF THE BENE-
 FITS  UNACCOMPANIED MINORS AS DEFINED IN SECTION TWO OF THIS CHAPTER ARE
 ELIGIBLE FOR, PURSUANT TO  SUBDIVISION  ONE  OF  SECTION  THREE  HUNDRED
 SEVENTY-C OF THIS TITLE.
   2.  THE INFORMATIONAL MATERIALS SHALL BE MADE AVAILABLE IN ENGLISH AND
 THE SIX MOST COMMON NON-ENGLISH LANGUAGES  SPOKEN  BY  INDIVIDUALS  WITH
 LIMITED-ENGLISH  PROFICIENCY  IN  THE STATE OF NEW YORK, BASED ON UNITED
 STATES CENSUS DATA, AND SHALL BE PUBLISHED ON THE  OFFICE  OF  TEMPORARY
 AND  DISABILITY  ASSISTANCE, OFFICE OF CHILDREN AND FAMILY SERVICES, THE
 OFFICE OF MENTAL HEALTH AND THE OFFICE FOR NEW AMERICANS' WEBSITES.

 A. 7815--A                          3
 
   § 3. The social services law is amended by adding a new section 394 to
 read as follows:
   §  394. LEGAL REPRESENTATION OF UNACCOMPANIED MINORS. 1. AN UNACCOMPA-
 NIED MINOR, AS DEFINED IN SECTION TWO OF THIS CHAPTER, OR MINOR  IN  THE
 CUSTODY  OF THE FEDERAL OFFICE OF REFUGEE RESETTLEMENT WHILE IN THE CARE
 OF AN AUTHORIZED AGENCY, AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION  TEN
 OF  SECTION THREE HUNDRED SEVENTY-ONE OF THIS ARTICLE, WHO IS PRESENT IN
 THIS STATE AND AGAINST WHOM AN IMMIGRATION PROCEEDING MAY BE OR HAS BEEN
 COMMENCED SHALL BE ENTITLED TO REPRESENTATION  BY  COUNSEL  THROUGH  THE
 COMPLETION OF SUCH PROCEEDING, INCLUDING APPEALS AND/OR OBTAINING STATUS
 AND  OTHER  RELATED ASSISTANCE, PURSUANT TO SECTION NINETY-FOUR-C OF THE
 EXECUTIVE LAW, INCLUDING INTERPRETATION OR TRANSLATION SERVICES PURSUANT
 TO SUBDIVISION FIVE OF THIS SECTION.
   2. REPRESENTATION AND RELATED ASSISTANCE PROVIDED IN  ACCORDANCE  WITH
 THIS  SECTION SHALL BE A STATE CHARGE, PURSUANT TO SECTION NINETY-FOUR-C
 OF THE EXECUTIVE LAW.
   3. (A) UPON RECEIPT FROM A FEDERAL IMMIGRATION AUTHORITY  OF  A  CIVIL
 IMMIGRATION  DETAINER,  OR  A REQUEST FOR TRANSFER, NOTIFICATION, INTER-
 VIEW, INTERROGATION OR OTHER REQUEST, AN  AUTHORIZED  AGENCY,  OR  AGENT
 THEREOF, SHALL PROVIDE TO THE CHILD, WHO IS THE SUBJECT OF SUCH DETAINER
 OR  REQUEST,  SUCH CHILD'S SPONSOR, IF SPONSORED, AND SUCH CHILD'S COUN-
 SEL, IF REPRESENTED:
   (I) NOTIFICATION OF SUCH DETAINER OR REQUEST;
   (II) A COPY OF SUCH DETAINER OR REQUEST;
   (III) NOTICE REGARDING SUCH CHILD'S RIGHT TO COUNSEL PURSUANT TO  THIS
 SECTION IF SUCH CHILD IS WITHOUT COUNSEL AT THE TIME OF SUCH DETAINER OR
 REQUEST; AND
   (IV)  INFORMATION  AS  TO WHETHER OR NOT SUCH AGENCY INTENDS TO COMPLY
 WITH SUCH DETAINER OR REQUEST.
   (B) IF SUCH CHILD IS UNDER THE AGE OF FIVE AT THE TIME  SUCH  DETAINER
 OR  REQUEST IS RECEIVED, SUCH INFORMATION REQUIRED PURSUANT TO PARAGRAPH
 (A) OF THIS SUBDIVISION SHALL ONLY BE PROVIDED TO SUCH CHILD'S  SPONSOR,
 IF SPONSORED, AND SUCH CHILD'S COUNSEL, IF REPRESENTED.
   4.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
 A CHILD IN THE CARE OF AN AUTHORIZED AGENCY MAY  REQUEST  TO  BE  INTER-
 VIEWED BY A FEDERAL LAW ENFORCEMENT AGENCY OR AN AGENT THEREOF ONLY WITH
 WRITTEN  AUTHORIZATION  BY  SUCH  CHILD'S COUNSEL, PROVIDED THAT IF SUCH
 CHILD IS NOT REPRESENTED AND IS ENTITLED TO  COUNSEL  PURSUANT  TO  THIS
 SECTION,  HE  OR  SHE  SHALL  BE  NOTIFIED  OF SUCH RIGHT AND PROVIDED A
 REASONABLE OPPORTUNITY TO OBTAIN SUCH COUNSEL BEFORE ANY SUCH INTERVIEW.
   5. IN ADDITION TO ANY OTHER RIGHT TO THE ASSISTANCE OF  INTERPRETATION
 OR TRANSLATION SERVICES, ANY FOREIGN-BORN CHILD, OR CHILD NOT PROFICIENT
 IN  THE  ENGLISH  LANGUAGE,  TO  WHOM  INQUIRY  IS MADE PURSUANT TO THIS
 SECTION SHALL BE ENTITLED TO THE ASSISTANCE OF A NEUTRAL  AND  QUALIFIED
 INTERPRETER  OR  TRANSLATOR,  AS  THE  CASE MAY BE, WITH RESPECT TO SUCH
 INQUIRY, PROVIDED AT NO COST OR EXPENSE TO SUCH CHILD.
   6. THIS SECTION SHALL SUPERSEDE CONFLICTING LOCAL LAWS,  RULES,  POLI-
 CIES, PROCEDURES AND PRACTICES, EXCEPT TO THE EXTENT THAT THE PROVISIONS
 OF  ANY  SUCH  LOCAL LAW, RULE, POLICY OR ANY SUCH PROCEDURE OR PRACTICE
 MAY PROVIDE ANY ADDITIONAL OR GREATER RIGHT OR PROTECTION.   NOTHING  IN
 THIS  SECTION SHALL PROHIBIT ANY AUTHORIZED AGENCY FROM COOPERATING WITH
 A FEDERAL IMMIGRATION AUTHORITY TO THE EXTENT REQUIRED BY  FEDERAL  LAW.
 NOTHING  IN THIS SECTION SHALL BE INTERPRETED OR APPLIED SO AS TO CREATE
 ANY POWER, DUTY OR OBLIGATION IN CONFLICT WITH FEDERAL LAW.

 A. 7815--A                          4
 
   § 4. Paragraphs (m) and (n) of subdivision 5 of section  94-b  of  the
 executive  law, as added by chapter 206 of the laws of 2014, are amended
 and a new paragraph (o) is added to read as follows:
   (m)  Encourage  and  assist  local  governments  in the development of
 activities to enhance civic engagement among immigrants and in immigrant
 communities; [and]
   (n) Beginning in two thousand fifteen, by June fifteenth of each year,
 produce a report to the governor, the speaker of the assembly,  and  the
 temporary  president  of  the  senate  describing  the activities of the
 office, including but not limited to, summarizing calls received through
 the hotline and website, information on ESOL training services  provided
 by the office, the number of immigrants assisted through the opportunity
 centers,  or an estimation thereof, the status of any workforce develop-
 ment programs, and any other relevant information[.]; AND
   (O) ESTABLISH AN IMMIGRATION SERVICES LIAISON TO ASSIST  UNACCOMPANIED
 MINORS AS DEFINED IN SECTION TWO OF THE SOCIAL SERVICES LAW, IN ORDER TO
 ACCESS APPROPRIATE SUPPORTS AND SERVICES FOR SUCH MINORS. THE OFFICE MAY
 WORK  IN CONJUNCTION WITH THE OFFICE OF TEMPORARY AND DISABILITY ASSIST-
 ANCE, THE OFFICE OF CHILDREN AND  FAMILY  SERVICES  AND  THE  OFFICE  OF
 MENTAL HEALTH IN ORDER TO EFFECTUATE THEIR DUTIES UNDER THIS PROVISION.
   §  5. The social services law is amended by adding a new section 374-g
 to read as follows:
   § 374-G. UNACCOMPANIED MINORS RELEASED BY  AUTHORIZED  AGENCIES.    1.
 EVERY  AUTHORIZED  AGENCY AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION TEN
 OF SECTION THREE HUNDRED SEVENTY-ONE OF THIS  TITLE,  THAT  RELEASES  AN
 UNACCOMPANIED  MINOR,  AS DEFINED IN SECTION TWO OF THIS CHAPTER, IN NEW
 YORK TO A SPONSOR THAT IS A NEW YORK RESIDENT, AND DEEMED TO  BE  APPRO-
 PRIATE  BY THE FEDERAL OFFICE OF REFUGEE RESETTLEMENT, SHALL PROVIDE THE
 UNACCOMPANIED MINOR AND THEIR SPONSOR  WITH:  (A)  DIRECT  REFERRALS  TO
 IMMIGRATION  SERVICES LIAISONS UNDER SECTION NINETY-FOUR-B OF THE EXECU-
 TIVE LAW; (B) INFORMATIONAL MATERIALS DEVELOPED BY THE OFFICE OF  TEMPO-
 RARY AND DISABILITY ASSISTANCE, INFORMING THEM OF AVAILABLE SUPPORTS AND
 SERVICES  THE  UNACCOMPANIED MINOR IS ELIGIBLE FOR UPON RELEASE INTO NEW
 YORK AS DEFINED IN SECTION THREE HUNDRED SEVENTY-C OF THIS CHAPTER;  AND
 (C)  NOTIFICATION  OF  SUCH MINOR'S RIGHT TO COUNSEL UNDER SECTION THREE
 HUNDRED NINETY-FOUR OF THIS TITLE.
   2. SUCH INFORMATIONAL MATERIALS SHALL BE PROVIDED TO BOTH THE UNACCOM-
 PANIED MINOR AND THE SPONSOR, UNLESS SUCH UNACCOMPANIED MINOR  IS  UNDER
 THE  AGE  OF  FIVE,  IN  WHICH  CASE SUCH INFORMATIONAL MATERIALS MAY BE
 PROVIDED SOLELY TO THE SPONSOR.
   § 6. The social services law is amended by adding a new section 393 to
 read as follows:
   § 393. UNACCOMPANIED MINORS RELEASED BY OUT OF STATE  CARE  PROVIDERS.
 1.  EVERY  OUT  OF  STATE  CARE  PROVIDER THAT RELEASES AN UNACCOMPANIED
 MINOR, AS DEFINED IN SECTION TWO OF THIS CHAPTER, IN NEW YORK TO A SPON-
 SOR THAT IS A NEW YORK RESIDENT, AND DEEMED TO  BE  APPROPRIATE  BY  THE
 FEDERAL  OFFICE OF REFUGEE RESETTLEMENT, SHALL PROVIDE THE UNACCOMPANIED
 MINOR AND THEIR SPONSOR WITH: (A) DIRECT  REFERRALS  TO  AN  IMMIGRATION
 SERVICES  LIAISON  UNDER SECTION NINETY-FOUR-B OF THE EXECUTIVE LAW; (B)
 INFORMATIONAL MATERIALS DEVELOPED BY THE OFFICE FOR TEMPORARY AND  DISA-
 BILITY ASSISTANCE, INFORMING THEM OF AVAILABLE SUPPORTS AND SERVICES THE
 UNACCOMPANIED  MINOR  IS  ELIGIBLE  FOR  UPON  RELEASE  INTO NEW YORK AS
 DEFINED IN SECTION THREE HUNDRED SEVENTY-C  OF  THIS  CHAPTER;  AND  (C)
 NOTIFICATION  OF  SUCH  MINOR'S  RIGHT  TO  COUNSEL  UNDER SECTION THREE
 HUNDRED NINETY-FOUR OF THIS TITLE.

 A. 7815--A                          5
 
   2. SUCH INFORMATIONAL MATERIALS SHALL BE PROVIDED TO BOTH THE UNACCOM-
 PANIED MINOR AND THE SPONSOR, UNLESS SUCH UNACCOMPANIED MINOR  IS  UNDER
 THE  AGE  OF  FIVE,  IN  WHICH  CASE SUCH INFORMATIONAL MATERIALS MAY BE
 PROVIDED SOLELY TO THE SPONSOR.
   §  7.  Subparagraphs (i) and (ii) of paragraph (c) of subdivision 1 of
 section 122 of the social services law, as amended by chapter 214 of the
 laws of 1998, are amended and a new subparagraph (iii) is added to  read
 as follows:
   (i)  a  qualified  alien  who entered the United States less than five
 years earlier or for less than five years has had a  status  within  the
 meaning  of  the term "qualified alien" as defined in section 431 of the
 federal personal responsibility and work opportunity reconciliation  act
 of  1996  (8  U.S.  Code 1641), as amended, if such entry occurred on or
 after the twenty-second day  of  August,  nineteen  hundred  ninety-six;
 [and]
   (ii)  an  alien  whose  status  is  not within the meaning of the term
 "qualified alien" as defined in section  431  of  the  federal  personal
 responsibility  and  work opportunity reconciliation act of 1996 (8 U.S.
 Code 1641), as amended, but who is otherwise permanently residing in the
 United States under color of law[.]; AND
   (III) AN UNACCOMPANIED MINOR UNDER SECTION TWO OF THIS CHAPTER.
   § 8. Paragraph (g) of subdivision 1  of  section  158  of  the  social
 services  law,  as  added  by section 44 of part B of chapter 436 of the
 laws of 1997, is amended and a new paragraph (h) is  added  to  read  as
 follows:
   (g) is a qualified alien who is ineligible to receive assistance fund-
 ed  under the temporary assistance for needy families block grant solely
 because of section four hundred three of the federal personal  responsi-
 bility  and  work opportunity reconciliation act of 1996 (P.L.  104-193)
 or is an alien who is permanently residing under color of law but is not
 a qualified alien[.], OR
   (H) IS AN UNACCOMPANIED MINOR UNDER SECTION TWO OF THIS CHAPTER.
   § 9. Subdivision 2 of section 2511 of the public health law is amended
 by adding a new paragraph (k) to read as follows:
   (K) WHERE AN APPLICANT FOR A SUBSIDY PAYMENT PURSUANT  TO  SUBDIVISION
 THREE  OF  THIS  SECTION IS AN UNACCOMPANIED MINOR AS DEFINED IN SECTION
 TWO OF THE SOCIAL SERVICES LAW, SUCH UNACCOMPANIED MINOR SHALL BE ELIGI-
 BLE FOR SUCH SUBSIDY.
   § 10. Subdivision 7 of section 2510  of  the  public  health  law,  as
 amended  by  chapter  428  of  the  laws  of 2013, is amended to read as
 follows:
   7. "Covered health care services" means: the services  of  physicians,
 optometrists,  nurses,  nurse  practitioners, midwives and other related
 professional personnel  which  are  provided  on  an  outpatient  basis,
 including  routine well-child visits; diagnosis and treatment of illness
 and injury; inpatient health care services; laboratory tests; diagnostic
 x-rays; prescription and  non-prescription  drugs  and  durable  medical
 equipment;  radiation  therapy;  chemotherapy;  hemodialysis; outpatient
 blood  clotting  factor  products  and  other  treatments  and  services
 furnished  in  connection  with  the  care of hemophilia and other blood
 clotting  protein  deficiencies;  emergency   room   services;   hospice
 services;  emergency,  preventive  and  routine  dental  care, including
 medically necessary orthodontia but excluding cosmetic surgery; emergen-
 cy, preventive and routine vision care, including eyeglasses; speech and
 hearing services; and, inpatient and outpatient mental  health,  alcohol
 and substance abuse services as defined by the commissioner in consulta-

 A. 7815--A                          6
 
 tion with the superintendent.  FOR UNACCOMPANIED MINORS, AS SUCH TERM IS
 DEFINED  BY  SECTION TWO OF THE SOCIAL SERVICES LAW, COVERED HEALTH CARE
 SERVICES SHALL ALSO INCLUDE: (A) CHILDREN'S MENTAL HEALTH REHABILITATION
 SERVICES  INCLUDING,  BUT  NOT  LIMITED  TO, THOSE ADDED TO THE MEDICAID
 STATE PLAN IN JANUARY OF TWO THOUSAND NINETEEN, OTHER  LICENSED  PRACTI-
 TIONER  SERVICES,  COMMUNITY PSYCHIATRIC SUPPORT AND TREATMENT SERVICES,
 AND  PSYCHOSOCIAL  REHABILITATION  SERVICES,  ASSUMING  SUCH  CHILDREN'S
 MENTAL HEALTH REHABILITATION SERVICES ARE PROVIDED BY INDIVIDUALS ACTING
 WITHIN THEIR LAWFUL SCOPE OF PRACTICE AS ESTABLISHED UNDER THE EDUCATION
 LAW;  AND  (B)  TRAUMA INFORMED CARE THAT INCLUDES THE IDENTIFICATION OF
 AND APPROPRIATE REACTION AND TREATMENT TO ADVERSE CHILDHOOD EXPERIENCES.
 "Covered health care services" shall not include drugs,  procedures  and
 supplies  for the treatment of erectile dysfunction when provided to, or
 prescribed for use by, a person who is required to  register  as  a  sex
 offender  pursuant to article six-C of the correction law, provided that
 any denial of coverage of  such  drugs,  procedures  or  supplies  shall
 provide  the  patient with the means of obtaining additional information
 concerning both the denial and the means of challenging such denial.
   § 11. The executive law is amended by adding a  new  section  94-c  to
 read as follows:
   § 94-C. REPRESENTATION FOR UNACCOMPANIED MINORS. 1. THE OFFICE FOR NEW
 AMERICANS,  IN  CONSULTATION WITH THE OFFICE OF COURT ADMINISTRATION AND
 INDIGENT LEGAL SERVICES, SHALL BE RESPONSIBLE FOR FACILITATING ACCESS TO
 REPRESENTATION AND RELATED  ASSISTANCE  IN  IMMIGRATION-RELATED  MATTERS
 PROVIDED  PURSUANT  TO  SECTION  THREE HUNDRED NINETY-FOUR OF THE SOCIAL
 SERVICES LAW. ANY SERVICES PROVIDED SHALL BE COMPENSATED  IN  ACCORDANCE
 WITH  THIS  SECTION. THE OFFICE MAY ENTER INTO AN AGREEMENT WITH A LEGAL
 AID SOCIETY OR OTHER NOT-FOR-PROFIT ORGANIZATION WITH APPROPRIATE EXPER-
 TISE AND EXPERIENCE IN IMMIGRATION-RELATED MATTERS FOR  THE  SOCIETY  OR
 ORGANIZATION  TO  PROVIDE  SUCH REPRESENTATION AND RELATED SERVICES. THE
 AGREEMENT SHALL BE IN A FORM APPROVED BY THE DIRECTOR OF THE OFFICE  FOR
 NEW AMERICANS AND SHALL PROVIDE A GENERAL PLAN FOR A PROGRAM OF SERVICES
 TO BE PROVIDED BY SUCH SOCIETY OR ORGANIZATION.
   2.  ALL  EXPENSES  FOR SERVICES PROVIDED UNDER THIS SECTION SHALL BE A
 STATE CHARGE TO BE PAID OUT OF FUNDS APPROPRIATED TO THE OFFICE FOR THAT
 PURPOSE. COUNSEL UTILIZED HEREUNDER SHALL  RECEIVE  COMPENSATION  AT  AN
 HOURLY  RATE FOR TIME EXPENDED IN COURT AND FOR TIME REASONABLY EXPENDED
 OUT  OF  COURT,  AND  SHALL  RECEIVE  PAYMENT  FOR  EXPENSES  REASONABLY
 INCURRED.  THE  DIRECTOR OF THE OFFICE FOR NEW AMERICANS SHALL ESTABLISH
 RULES AND REGULATIONS REGARDING REASONABLE COMPENSATION  AND  REIMBURSE-
 MENT  FOR  OTHER SERVICES PROVIDED. NO COUNSEL OR OTHER SERVICE PROVIDER
 UTILIZED PURSUANT TO THIS SECTION SHALL  SEEK  OR  ACCEPT  ANY  FEE  FOR
 REPRESENTING SUCH PERSON.
   §  12.  Severability.  If  any clause, sentence, paragraph, section or
 part of this act shall be adjudged by any court of  competent  jurisdic-
 tion  to be invalid and after exhaustion of all further judicial review,
 the judgment shall not affect, impair or invalidate the remainder there-
 of, but shall be confined in its  operation  to  the  clause,  sentence,
 paragraph,  section or part of this act directly involved in the contro-
 versy in which the judgment shall have been rendered.
   § 13. This act  shall  take  effect  immediately;  provided,  however,
 sections  one,  two, four, five, six, seven, eight, nine, ten and eleven
 of this act shall take effect on the sixtieth day after  it  shall  have
 become a law.