NY State Senate Bill 2019-S5494

Senate Bill S5494

2019-2020 Legislative Session

Establishes the office of child advocate to ensure the protection and promotion of legal rights for youth in programs and facilities under OCFS

download bill text pdf

Archive: Last Bill Status - In Senate Committee Children And Families 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to children and families
May 03, 2019	referred to children and families

2019-S5494 (ACTIVE) - Details

Current Committee:: Senate Children And Families
Law Section:: Executive Law
Laws Affected:: Add Art 19-I §§533 - 539, amd §501, Exec L

2019-S5494 (ACTIVE) - Summary

Establishes the office of child advocate to ensure the protection and promotion of legal rights for youth in programs and facilities under OCFS.

2019-S5494 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5494

SPONSOR: MONTGOMERY
 
TITLE OF BILL:  An act to amend the executive law, in relation to the
establishment of the office of the child advocate

 
GENERAL IDEA OF BILL:

This bill would establish an independent Office of the Child Advocate,
vested with the authority to examine systemic issues in state funded
programs in order to advocate for the rights, safety, and well-being of
children in the State's care.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 would establish the Office of the Child Advocate within state
government, headed by the Child Advocate appointed by the Governor for a
five-year term. The Child Advocate would be authorized to hire or
appoint staff as deemed necessary. The Child Advocate would examine,
evaluate, and report to the Governor and the legislature on: 1) Systemic
issues in publicly funded programs and multi-systemic issues that chil-

dren in the State's care and their families experience, 2) advocate for
statutory, regulatory or policy changes aimed at improving outcomes and
services for children and families in New York, 3) monitor the implemen-
tation of policies and regulations that may be applicable to the legal
rights of children in the State's care, 4) recommend changes in State
policies that may have an impact on certain publicly funded programs, 5)
recommend changes in State policies that service children and families,
6) take appropriate actions aimed at promoting the rights, safety,
wellbeing and best interests of children in New York.

The Child Advocate would be authorized to access, inspect, and copy
records necessary to carry out its duties and apply for and accept
grants.

The Child Advocate would report to the Governor and legislature informa-
tion concerning: 1) the number and types of review or evaluations
conducted by the Office of the Child Advocate, and 2) recommendations
for legislative, regulatory, or public policy changes.

 
JUSTIFICATION:

This bill would establish an Office of the Child Advocate, similar to
offices that currently exist in numerous other states including New
Jersey, Massachusetts, Connecticut, Delaware, and Rhode Island, among
others. This office is necessary to address systemic issues within state
and local programs that serve children. These issues are not unlike
those that exist nationwide.

The mission of the Office of the Child Advocate is to create and improve
policies and procedures that will ensure the well-being of New York
State's children.

 
PRIOR LEGISLATIVE HISTORY:

6/17/04 - reported from Assembly Children and Families Committee to
Codes Committee 6/20/05 - A.6334/S.6877, passed Assembly, delivered to
Senate 1/4/06 - Died in Senate, returned to Assembly 3/2/06 - referred
to Senate Social Services, Children and Families Committee 6/21/06
Passed Assembly, delivered to Senate, referred to Senate Rules Committee
1/17/07 - A.304, reported from Assembly Children and Families Committee
to Codes Committee 1/23/07 - A.304, reported to Assembly Ways and Means
Committee 6/7/08 - A.304, Passed Assembly, delivered to Senate, referred
to Senate Rules Committee

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
April 1, 2021

2019-S5494 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5494
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                May 3, 2019
                                ___________
 
 Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
   when printed to be committed to the Committee on Children and Families
 
 AN ACT to amend the executive law, in relation to the  establishment  of
   the office of the child advocate
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The executive law is amended by adding a new  article  19-I
 to read as follows:
                               ARTICLE 19-I
                       OFFICE OF THE CHILD ADVOCATE
 SECTION 533. OFFICE OF THE CHILD ADVOCATE; CREATION.
         534. DEFINITIONS.
         535. THE CHILD ADVOCATE.
         536. DUTIES OF THE CHILD ADVOCATE.
         537. POWERS OF THE OFFICE OF THE CHILD ADVOCATE.
         538. DUTY TO MAINTAIN CONFIDENTIALITY.
         539. ADDITIONAL PROVISIONS.
   § 533. OFFICE OF THE CHILD ADVOCATE; CREATION. THERE IS HEREBY CREATED
 IN  THE  EXECUTIVE  DEPARTMENT,  AN  OFFICE OF THE CHILD ADVOCATE, WHICH
 SHALL:
   1. EXAMINE, EVALUATE AND REPORT TO THE GOVERNOR  AND  THE  LEGISLATURE
 ON:
   (A) SYSTEMIC ISSUES IN PUBLICLY FUNDED PROGRAMS OVERSEEN BY THE OFFICE
 OF CHILDREN AND FAMILY SERVICES; AND
   (B)  MULTI-SYSTEMIC ISSUES THAT CHILDREN IN THE CARE, CUSTODY OR GUAR-
 DIANSHIP OF THE OFFICE OF CHILDREN AND FAMILY SERVICES OR  LOCAL  SOCIAL
 SERVICES  DISTRICTS,  AND  THE  FAMILY  OF  SUCH CHILDREN, EXPERIENCE IN
 ACCESSING NEEDED SERVICES ACROSS SYSTEMS; AND
   2. ADVOCATE FOR, AND REPORT TO THE GOVERNOR  AND  THE  LEGISLATURE  ON
 SUGGESTED  STATUTORY,  REGULATORY  OR  POLICY CHANGES AIMED AT IMPROVING
 OUTCOMES AND SERVICES FOR CHILDREN AND FAMILIES IN NEW YORK STATE.
   § 534. DEFINITIONS. AS USED IN THIS ARTICLE:
   1. "CHILD" OR "CHILDREN" MEANS:
   (A) A PERSON, OR PERSONS UNDER THE AGE OF EIGHTEEN; OR

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11470-01-9

 S. 5494                             2
 
   (B) A PERSON OR PERSONS UNDER THE  AGE  OF  TWENTY-ONE  WHO  HAS  BEEN
 PLACED INTO THE CARE, CUSTODY, OR GUARDIANSHIP OF THE OFFICE OF CHILDREN
 AND  FAMILY  SERVICES  OR  A LOCAL SOCIAL SERVICES DISTRICT, PURSUANT TO
 ARTICLE THREE, SEVEN, OR TEN OF THE FAMILY COURT ACT, OR SECTIONS  THREE
 HUNDRED  FIFTY-EIGHT-A,  THREE  HUNDRED  EIGHTY-THREE-C,  THREE  HUNDRED
 EIGHTY-FOUR-A OR THREE HUNDRED EIGHTY-FOUR-B OF THE SOCIAL SERVICES LAW.
   2. "CHILD ADVOCATE" MEANS THE PERSON APPOINTED PURSUANT TO SUBDIVISION
 ONE OF SECTION FIVE HUNDRED THIRTY-FIVE OF THIS ARTICLE  TO  DIRECT  AND
 OVERSEE THE ACTIVITIES OF THE OFFICE OF THE CHILD ADVOCATE.
   §  535. THE CHILD ADVOCATE. 1. THE CHILD ADVOCATE SHALL BE AN INDIVID-
 UAL WITH AT LEAST FIVE YEARS EXPERIENCE IN THE GENERAL SUBJECT  AREA  OF
 EITHER  CHILD  WELFARE, JUVENILE JUSTICE OR CHILDHOOD BEHAVIORAL HEALTH,
 WHO SHALL BE APPOINTED BY THE GOVERNOR UPON THE ADVICE  AND  CONSENT  OF
 THE  SENATE  FOR A TERM OF FIVE YEARS. THE CHILD ADVOCATE SHALL CONTINUE
 TO HOLD SUCH POSITION UNTIL HIS OR HER SUCCESSOR IS APPOINTED,  BUT  MAY
 BE REMOVED FROM HIS OR HER POSITION IF THE GOVERNOR SHALL DETERMINE THAT
 SUCH  CHILD  ADVOCATE  HAS  ABUSED  HIS OR HER RIGHTS, POWERS, OR DUTIES
 ESTABLISHED PURSUANT TO THIS ARTICLE OR THAT HE  OR  SHE  HAS  WILLFULLY
 FAILED TO CARRY OUT THE DUTIES REQUIRED BY THIS ARTICLE. THE CHILD ADVO-
 CATE SHALL REPORT TO THE GOVERNOR, WHO SHALL FIX THE COMPENSATION OF THE
 CHILD ADVOCATE WITHIN AMOUNTS APPROPRIATED THEREFOR.
   2.  THE  CHILD  ADVOCATE  MAY HIRE OR APPOINT PERSONS AS MAY BE DEEMED
 NECESSARY TO CARRY OUT THE DUTIES OF THE OFFICE OF THE  CHILD  ADVOCATE.
 THE  DUTIES OF PERSONS EMPLOYED OR APPOINTED BY THE CHILD ADVOCATE SHALL
 BE PERFORMED UNDER THE ADVICE AND SUPERVISION  OF  THE  CHILD  ADVOCATE.
 PERSONS  EMPLOYED OR APPOINTED BY THE OFFICE OF THE CHILD ADVOCATE SHALL
 BE INDIVIDUALS WITH EXPERTISE IN THE AREAS OF  CHILD  WELFARE,  JUVENILE
 JUSTICE,  CHILDHOOD BEHAVIORAL HEALTH, FOSTER CARE, PREVENTIVE SERVICES,
 OR CHILD CARE, AS EVIDENCED BY EXPERTISE IN THE FIELD, PRACTICE, ADVOCA-
 CY OR BY ACADEMIC BACKGROUND, THE LEVEL AND SUFFICIENCY OF  WHICH  SHALL
 BE  DETERMINED  BY  THE CHILD ADVOCATE. THE CHILD ADVOCATE SHALL FIX THE
 COMPENSATION OF PERSONS EMPLOYED OR APPOINTED BY THE OFFICE OF THE CHILD
 ADVOCATE WITHIN AMOUNTS APPROPRIATED THEREFOR.
   § 536. DUTIES OF THE CHILD ADVOCATE. 1. THE CHILD ADVOCATE SHALL:
   (A) EXAMINE, EVALUATE AND REPORT TO THE GOVERNOR AND  THE  LEGISLATURE
 ON SYSTEMIC ISSUES IN PUBLICLY FUNDED PROGRAMS OVERSEEN BY THE OFFICE OF
 CHILDREN  AND  FAMILY  SERVICES  AND  LOCAL  SOCIAL  SERVICES DISTRICTS,
 INCLUDING BUT NOT LIMITED TO, CHILD WELFARE,  JUVENILE  JUSTICE,  FOSTER
 CARE, CHILD PROTECTIVE, CHILD CARE AND PREVENTIVE SERVICES;
   (B)  EXAMINE,  EVALUATE AND REPORT TO THE GOVERNOR AND THE LEGISLATURE
 ON MULTI-SYSTEMIC ISSUES THAT CHILDREN IN THE CARE, CUSTODY OR GUARDIAN-
 SHIP OF THE OFFICE OF CHILDREN  AND  FAMILY  SERVICES  OR  LOCAL  SOCIAL
 SERVICES DISTRICTS, FAMILIES OF CHILDREN, EXPERIENCE IN ACCESSING NEEDED
 SERVICES ACROSS SYSTEMS;
   (C)  MONITOR THE IMPLEMENTATION OF THE POLICIES, REGULATIONS AND STAT-
 UTES OF STATE AGENCIES WHICH MAY BE APPLICABLE TO THE  LEGAL  RIGHTS  OF
 CHILDREN IN THE CARE, CUSTODY, OR GUARDIANSHIP OF THE OFFICE OF CHILDREN
 AND  FAMILY  SERVICES OR A LOCAL SOCIAL SERVICES DISTRICT, OR THE FAMILY
 OF SUCH CHILDREN;
   (D) MONITOR THE IMPLEMENTATION OF POLICIES, REGULATIONS  AND  STATUTES
 WHICH  MAY  HAVE  AN  IMPACT ON PUBLICLY FUNDED PROGRAMS OVERSEEN BY THE
 OFFICE OF CHILDREN AND FAMILY SERVICES, INCLUDING BUT  NOT  LIMITED  TO,
 CHILD  WELFARE,  JUVENILE  JUSTICE, FOSTER CARE, CHILD PROTECTIVE, CHILD
 CARE AND PREVENTIVE SERVICES; AND
   (E) RECOMMEND CHANGES IN  STATE  POLICIES,  STATUTES  AND  REGULATIONS
 CONCERNING  CHILDREN IN THE CARE, CUSTODY, OR GUARDIANSHIP OF THE OFFICE

 S. 5494                             3

 OF CHILDREN AND FAMILY SERVICES OR LOCAL SOCIAL SERVICES  DISTRICTS  AND
 THE FAMILIES OF SUCH CHILDREN; AND
   (F)  RECOMMEND  CHANGES  IN  STATE POLICIES, STATUTES, AND REGULATIONS
 CONCERNING PUBLICLY FUNDED PROGRAMS THAT SERVICE CHILDREN  AND  FAMILIES
 INCLUDING,  JUVENILE  JUSTICE,  FOSTER  CARE,  CHILD CARE, CHILD WELFARE
 PROGRAMS, AND PREVENTIVE SERVICES, ADMINISTERED BY THE OFFICE  OF  CHIL-
 DREN AND FAMILY SERVICES OR LOCAL SOCIAL SERVICES DISTRICTS;
   (G) TAKE APPROPRIATE ACTIONS AIMED AT PROMOTION OF THE RIGHTS, SAFETY,
 WELL-BEING,  AND BEST INTEREST OF CHILDREN IN NEW YORK STATE, INCLUDING,
 BUT NOT LIMITED TO, UNDERTAKING LEGISLATIVE ADVOCACY, CONDUCTING  PUBLIC
 HEARINGS AND MAKING PROPOSALS FOR ADMINISTRATIVE OR SYSTEMIC REFORM;
   (H)  PROVIDE ADMINISTRATIVE SUPERVISION AND OVERSIGHT TO THE OFFICE OF
 THE CHILD ADVOCATE AND DEVOTE FULL-TIME TO THE  DUTIES  OF  HIS  OR  HER
 OFFICE; AND
   (I) REPORT TO THE GOVERNOR AND THE LEGISLATURE AS NEEDED, BUT NOT LESS
 THAN TWICE PER YEAR. SUCH REPORT SHALL INCLUDE BUT NOT BE LIMITED TO:
   (A)  INFORMATION  CONCERNING THE NUMBER AND TYPES OF REVIEWS OR EVALU-
 ATION CONDUCTED BY THE OFFICE OF THE CHILD ADVOCATE; AND
   (B) ANY RECOMMENDATIONS BY THE CHILD ADVOCATE FOR LEGISLATIVE, REGULA-
 TORY, OR PUBLIC POLICY CHANGES.
   2. IF AFTER EXAMINATION PURSUANT TO SUBDIVISION ONE OF  THIS  SECTION,
 THE  CHILD  ADVOCATE  IDENTIFIES  A SYSTEMIC PROBLEM IN HOW SERVICES ARE
 PROVIDED TO CHILDREN IN THE CARE, CUSTODY, OR GUARDIANSHIP OF THE OFFICE
 OF CHILDREN AND FAMILY SERVICES OR A LOCAL SOCIAL SERVICES DISTRICT,  BY
 THE  OFFICE  OF CHILDREN AND FAMILY SERVICES, OR A LOCAL SOCIAL SERVICES
 DISTRICT, OR ANY PUBLIC OR  PRIVATE  ENTITY  WHICH  CONTRACTS  WITH  THE
 OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES  OR  A LOCAL SOCIAL SERVICES
 DISTRICT TO PROVIDE SERVICES TO SUCH CHILDREN, THE CHILD ADVOCATE  SHALL
 PROVIDE SUCH OFFICE, DISTRICT, AGENCY OR ENTITY A WRITTEN REPORT OUTLIN-
 ING THE FINDINGS AND RECOMMENDATIONS OF THE CHILD ADVOCATE.
   (A)  AN  OFFICE,  DISTRICT,  AGENCY OR ENTITY NAMED IN A REPORT BY THE
 CHILD ADVOCATE AS DESCRIBED IN THIS SUBDIVISION SHALL HAVE THE OPTION TO
 RESPOND IN WRITING TO THE CHILD ADVOCATE'S  FINDINGS,  PROVIDED  HOWEVER
 THAT  SUCH  WRITTEN  RESPONSE  MUST BE ISSUED WITHIN NINETY DAYS OF SUCH
 OFFICE, DISTRICT, AGENCY OR ENTITY'S RECEIPT OF THE APPLICABLE REPORT BY
 THE CHILD ADVOCATE.
   (B) WITHIN THIRTY DAYS AFTER THE RECEIPT OF A RESPONSE FROM AN OFFICE,
 DISTRICT, AGENCY OR ENTITY AS DESCRIBED IN THIS SUBDIVISION,  THE  CHILD
 ADVOCATE  SHALL  ISSUE SUCH RESPONSE, AND THE REPORT ISSUED BY THE CHILD
 ADVOCATE PURSUANT TO THIS SUBDIVISION, TO THE GOVERNOR AND THE  LEGISLA-
 TURE.
   (C)  IF  A RESPONSE OR A WRITTEN REQUEST FOR AN ADDITIONAL THIRTY DAYS
 WITH AN EXPLANATION IS NOT RECEIVED BY THE CHILD ADVOCATE WITHIN  NINETY
 DAYS  FROM  THE  DATE  THAT  THE CHILD ADVOCATE SENT SUCH REPORT TO SUCH
 OFFICE, DISTRICT, AGENCY OR ENTITY, THE  CHILD  ADVOCATE  SHALL  PROVIDE
 SUCH  REPORT  TO  THE GOVERNOR AND THE LEGISLATURE WITH A NOTICE STATING
 THAT SUCH OFFICE, DISTRICT, AGENCY OR ENTITY FAILED TO  ISSUE  A  TIMELY
 WRITTEN RESPONSE TO THE REPORT BY THE CHILD ADVOCATE.
   § 537. POWERS OF THE OFFICE OF THE CHILD ADVOCATE. NOTWITHSTANDING ANY
 PROVISION  OF LAW OR REGULATION TO THE CONTRARY, THE OFFICE OF THE CHILD
 ADVOCATE SHALL HAVE ACCESS TO, INCLUDING THE RIGHT TO INSPECT AND  COPY,
 ANY  RECORDS NECESSARY TO CARRY OUT ITS RIGHTS, POWERS AND DUTIES PURSU-
 ANT TO THIS ARTICLE.
   § 538. DUTY TO MAINTAIN CONFIDENTIALITY. ALL RECORDS OF THE OFFICE  OF
 THE CHILD ADVOCATE PERTAINING TO THE FULFILLMENT OF THE CHILD ADVOCATE'S
 RIGHTS,  POWERS  AND  DUTIES  PURSUANT  TO THIS ARTICLE, AND ALL RECORDS

 S. 5494                             4
 
 OBTAINED BY THE CHILD ADVOCATE  SHALL  BE  KEPT  CONFIDENTIAL,  PROVIDED
 HOWEVER,  THAT  LIMITED  INFORMATION  CONTAINED  IN  SUCH RECORDS MAY BE
 RELEASED BY THE CHILD ADVOCATE, IF APPROPRIATE, AND UPON APPROVAL OF THE
 CHILD  ADVOCATE,  SO  LONG  AS  THE INFORMATION TO BE RELEASED WOULD NOT
 IDENTIFY THE CHILD OR CHILDREN THE CHILD ADVOCATE WAS  SERVING,  OR  THE
 NAMES OF THE PARENTS OR SIBLINGS OF SUCH CHILD OR CHILDREN.
   §  539.  ADDITIONAL  PROVISIONS.  1.  THE STATE SHALL PROTECT AND HOLD
 HARMLESS ANY PERSON EMPLOYED OR APPOINTED BY THE  CHILD  ADVOCATE,  FROM
 FINANCIAL  LOSS  AND  EXPENSE,  INCLUDING  LEGAL FEES AND COSTS, IF ANY,
 ARISING OUT OF ANY CLAIM, DEMAND OR SUIT FOR DAMAGES RESULTING FROM ACTS
 OR OMISSIONS COMMITTED IN THE DISCHARGE OF HIS OR HER RIGHTS, POWERS AND
 DUTIES WITHIN THE SCOPE OF HIS OR HER EMPLOYMENT  OR  APPOINTMENT  WHICH
 MAY  CONSTITUTE  NEGLIGENCE  BUT WHICH ACTS ARE NOT WANTON, MALICIOUS OR
 GROSSLY NEGLIGENT AS DETERMINED BY A COURT OF COMPETENT JURISDICTION.
   2. NO STATE OR LOCAL  AGENCY,  DEPARTMENT,  OFFICE,  OR  ENTITY  SHALL
 DISCHARGE,  OR  IN  ANY  MANNER  DISCRIMINATE  OR RETALIATE AGAINST, ANY
 PERSON WHO IN GOOD FAITH MAKES A COMPLAINT TO, OR COOPERATES  WITH,  THE
 CHILD  ADVOCATE  IN  A REVIEW OR EVALUATION CONDUCTED BY THE CHILD ADVO-
 CATE. NO EMPLOYEE OF ANY STATE OR LOCAL DEPARTMENT OR OFFICE OR  OF  ANY
 PRIVATE  ENTITY SHALL RETALIATE AGAINST ANY PERSON WHO MAKES A COMPLAINT
 TO, OR WHO COOPERATES WITH THE OFFICE OF THE CHILD ADVOCATE IN A  REVIEW
 OR EVALUATION CONDUCTED BY THE OFFICE OF THE CHILD ADVOCATE.
   3.  THE  OFFICE OF THE CHILD ADVOCATE MAY APPLY FOR AND ACCEPT GRANTS,
 GIFTS AND BEQUESTS OF FUNDS FROM PRIVATE INDIVIDUALS AND FOUNDATIONS FOR
 THE PURPOSE OF CARRYING OUT SYSTEMATIC STUDIES UNDER THIS  ARTICLE.  THE
 FUNDS SHALL BE EXPENDED IN ACCORDANCE WITH THE PROVISIONS OF SUCH GRANT,
 GIFT OR BEQUEST.
   4.  THE  CHILD ADVOCATE SHALL TAKE ALL POSSIBLE ACTIONS INCLUDING, BUT
 NOT LIMITED TO, CONDUCTING PROGRAMS  OF  PUBLIC  EDUCATION,  UNDERTAKING
 LEGISLATIVE  ADVOCACY AND MAKING PROPOSALS FOR ADMINISTRATIVE CORRECTION
 OR SYSTEMIC REFORM AND FORMAL LEGAL  ACTION,  IN  ORDER  TO  SECURE  AND
 ENSURE THE LEGAL, CIVIL AND SPECIAL RIGHTS OF CHILDREN.
   5.  THE  CHILD  ADVOCATE  SHALL TAKE THE APPROPRIATE STEPS TO MAKE THE
 EXISTENCE AND AVAILABILITY OF THE CHILD ADVOCATE WIDELY KNOWN, BY APPRO-
 PRIATE AND ACTIVE MEANS, TO CHILDREN AND ADULTS.
   6. THE CHILD ADVOCATE SHALL CREATE INFORMATIONAL MATERIALS  FOR  CHIL-
 DREN  REGARDING  THE  RIGHTS  OF  CHILDREN WHEN THEY ARE IN FOSTER CARE,
 DETENTION CENTERS, FACILITIES OPERATED BY THE  OFFICE  OF  CHILDREN  AND
 FAMILY SERVICES, JAILS, OR PRISONS AND THE METHODS AND ASSISTANCE AVAIL-
 ABLE TO ENFORCE THOSE RIGHTS.
   § 2. Subdivision 16 of section 501 of the executive law, as renumbered
 by  chapter  170 of the laws of 1994, is renumbered subdivision 17 and a
 new subdivision 16 is added to read as follows:
   16. THE COMMISSIONER OF THE OFFICE OF  CHILDREN  AND  FAMILY  SERVICES
 SHALL  PROMULGATE  REGULATIONS  REQUIRING  THAT  NO SERVICES OR PROGRAMS
 UNDER THE JURISDICTION OF THE OFFICE OF  CHILDREN  AND  FAMILY  SERVICES
 SHALL  RESTRICT  OR  PROHIBIT  ACCESS  TO  RECORDS OR INDIVIDUALS TO THE
 OFFICE OF THE CHILD ADVOCATE UPON REQUEST, UNLESS THE DISCLOSURE OF SUCH
 RECORDS ARE OTHERWISE PROHIBITED BY FEDERAL LAW OR REGULATION.
   § 3. This act shall take effect on April 1, 2021. Effective immediate-
 ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
 necessary  for  the implementation of this act on its effective date are
 authorized to be made and completed on or before the effective date.

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