S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8997
 
                           I N  A S S E M B L Y
 
                              January 9, 2020
                                ___________
 
 Introduced  by  M.  of  A.  RICHARDSON  -- read once and referred to the
   Committee on Children and Families
 
 AN ACT to amend the family court act and the  social  services  law,  in
   relation  to  notice  of  indicated  reports of child maltreatment and
   changes of placement in child protective  and  voluntary  foster  care
   placement and review proceedings

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 5 of section 1017 of the family court  act,  as
 added by a chapter of the laws of 2019 amending the family court act and
 the social services law relating to notice of indicated reports of child
 maltreatment  and changes of placement in child protective and voluntary
 foster care placement and review proceedings, as proposed in legislative
 bills numbers S. 6215 and A. 7974, is amended to read as follows:
   5. In any case in which an order has  been  issued  pursuant  to  this
 article  remanding or placing a child in the custody of the local social
 services district, the social services  official  or  authorized  agency
 charged  with  custody or care of the child shall report any anticipated
 change in placement to the [attorneys for the parties and  the  attorney
 for  the  child not later than ten days prior to such change in any case
 in which the child is moved from the foster home or program  into  which
 he  or  she  has  been placed or in which the foster parents move out of
 state with the child; provided, however, that where an immediate  change
 of  placement  on  an  emergency  basis is required, the report shall be
 transmitted no later than the next business day  after  such  change  in
 placement  has  been  made.  The  social services official or authorized
 agency shall also submit a report to the attorneys for the  parties  and
 the attorney for the child or include in the placement change report any
 indicated  report of child abuse or maltreatment concerning the child or
 (if a person or persons caring for the child is or are  the  subject  of
 the report) another child in the same home within five days of the indi-
 cation  of  the report. The official or agency may protect the confiden-
 tiality of identifying or address information regarding  the  foster  or
 prospective  adoptive  parents.   Reports regarding indicated reports of

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD10897-02-0

 A. 8997                             2

 child abuse or maltreatment provided pursuant to this subdivision  shall
 include  a  statement  advising  recipients that the information in such
 report of child abuse or maltreatment shall be kept confidential,  shall
 be  used  only  in  connection  with  a proceeding under this article or
 related proceedings under this act and may not be redisclosed except  as
 necessary  for  such proceeding or proceedings and as authorized by law.
 Reports under this paragraph  may  be  transmitted  by  any  appropriate
 means,  including,  but not limited to, by electronic means or placement
 on the record during proceedings in family court] COURT AND  THE  ATTOR-
 NEYS  FOR  THE PARTIES, INCLUDING THE ATTORNEY FOR THE CHILD, FORTHWITH,
 BUT NOT LATER THAN ONE BUSINESS DAY FOLLOWING  EITHER  THE  DECISION  TO
 CHANGE  THE  PLACEMENT OR THE ACTUAL DATE THE PLACEMENT CHANGE OCCURRED,
 WHICHEVER IS SOONER. SUCH NOTICE SHALL INDICATE THE DATE THAT THE PLACE-
 MENT CHANGE IS ANTICIPATED TO OCCUR OR THE  DATE  THE  PLACEMENT  CHANGE
 OCCURRED,  AS  APPLICABLE.  PROVIDED,  HOWEVER,  IF SUCH NOTICE LISTS AN
 ANTICIPATED DATE FOR THE PLACEMENT CHANGE,  THE  LOCAL  SOCIAL  SERVICES
 DISTRICT  OR  AUTHORIZED  AGENCY SHALL SUBSEQUENTLY NOTIFY THE COURT AND
 ATTORNEYS FOR THE PARTIES, INCLUDING THE ATTORNEY FOR THE CHILD, OF  THE
 DATE  THE  PLACEMENT  CHANGE  OCCURRED; SUCH NOTICE SHALL OCCUR NO LATER
 THAN ONE BUSINESS DAY FOLLOWING THE PLACEMENT CHANGE.
   § 2. Subdivision (j) of section 1055 of the family court act, as added
 by a chapter of the laws of 2019 amending the family court act  and  the
 social  services  law  relating  to notice of indicated reports of child
 maltreatment and changes of placement in child protective and  voluntary
 foster care placement and review proceedings, as proposed in legislative
 bills numbers S. 6215 and A. 7974, is amended to read as follows:
   (j)  In  any  case  in which an order has been issued pursuant to this
 section placing a child in the custody or care of  the  commissioner  of
 social  services,  the  social  services  official  or authorized agency
 charged with custody of the child shall report any anticipated change in
 placement to the [attorneys for the parties and  the  attorney  for  the
 child  not later than ten days prior to such change in any case in which
 the child is moved from the foster home or program into which he or  she
 has  been  placed  or in which the foster parents move out of state with
 the child; provided, however, that where an immediate change  of  place-
 ment  on an emergency basis is required, the report shall be transmitted
 no later than the next business day after such change in  placement  has
 been  made. The social services official or authorized agency shall also
 submit a report to the attorneys for the parties and  the  attorney  for
 the child or include in the placement change report any indicated report
 of  child  abuse or maltreatment concerning the child or (if a person or
 persons caring for the child is or are the subject of the report) anoth-
 er child in the same home within five days  of  the  indication  of  the
 report.  The official or agency may protect the confidentiality of iden-
 tifying or address information regarding the foster or prospective adop-
 tive parents. Reports regarding indicated  reports  of  child  abuse  or
 maltreatment  provided  pursuant  to  this  subdivision  shall include a
 statement advising recipients that the information  in  such  report  of
 child  abuse  or  maltreatment shall be kept confidential, shall be used
 only in connection with a  proceeding  under  this  article  or  related
 proceedings  under  this act and may not be redisclosed except as neces-
 sary for such proceeding  or  proceedings  and  as  authorized  by  law.
 Reports  under  this  paragraph  may  be  transmitted by any appropriate
 means, including, but not limited to, by electronic means  or  placement
 on  the  record during proceedings in family court] COURT AND THE ATTOR-
 NEYS FOR THE PARTIES, INCLUDING THE ATTORNEY FOR THE  CHILD,  FORTHWITH,

 A. 8997                             3
 
 BUT  NOT  LATER  THAN  ONE BUSINESS DAY FOLLOWING EITHER THE DECISION TO
 CHANGE THE PLACEMENT OR THE ACTUAL DATE THE PLACEMENT  CHANGE  OCCURRED,
 WHICHEVER IS SOONER. SUCH NOTICE SHALL INDICATE THE DATE THAT THE PLACE-
 MENT  CHANGE  IS  ANTICIPATED  TO OCCUR OR THE DATE THE PLACEMENT CHANGE
 OCCURRED, AS APPLICABLE. PROVIDED, HOWEVER,  IF  SUCH  NOTICE  LISTS  AN
 ANTICIPATED  DATE  FOR  THE  PLACEMENT CHANGE, THE LOCAL SOCIAL SERVICES
 DISTRICT OR AUTHORIZED AGENCY SHALL SUBSEQUENTLY NOTIFY  THE  COURT  AND
 ATTORNEYS  FOR THE PARTIES, INCLUDING THE ATTORNEY FOR THE CHILD, OF THE
 DATE THE PLACEMENT CHANGE OCCURRED; SUCH NOTICE  SHALL  OCCUR  NO  LATER
 THAN ONE BUSINESS DAY FOLLOWING THE PLACEMENT CHANGE.
   §  3.  Clause  (H) of subparagraph (vii) of paragraph 2 of subdivision
 (d) of section 1089 of the family court act, as added by  a  chapter  of
 the  laws  of 2019 amending the family court act and the social services
 law relating to notice of indicated reports of  child  maltreatment  and
 changes  of  placement  in  child  protective  and voluntary foster care
 placement and review  proceedings,  as  proposed  in  legislative  bills
 numbers S. 6215 and A. 7974, is amended to read as follows:
   (H) a direction that the social services official or authorized agency
 charged  with care and custody or guardianship and custody of the child,
 as applicable, report any anticipated change in placement to the [attor-
 neys for the parties and the attorney for the child not later  than  ten
 days  prior  to such change in any case in which the child is moved from
 the foster home or program into which he or she has been  placed  or  in
 which  the  foster  parents  move out of state with the child; provided,
 however, that where an immediate change of  placement  on  an  emergency
 basis  is  required,  the  report shall be transmitted no later than the
 next business day after such change in  placement  has  been  made.  The
 social services official or authorized agency shall also submit a report
 to  the  attorneys  for  the  parties  and the attorney for the child or
 include in the placement change report any  indicated  report  of  child
 abuse  or  maltreatment  concerning the child or (if a person or persons
 caring for the child is or are the subject of the report) another  child
 in  the  same home within five days of the indication of the report. The
 official or agency may protect the  confidentiality  of  identifying  or
 address   information  regarding  the  foster  or  prospective  adoptive
 parents. Reports under this paragraph shall not be sent to attorneys for
 birth parents whose parental rights have been  terminated  or  who  have
 surrendered their child or children. Reports regarding indicated reports
 of  child  abuse  or  maltreatment provided pursuant to this subdivision
 shall include a statement advising recipients that  the  information  in
 such  report  of child abuse or maltreatment shall be kept confidential,
 shall be used only in connection with a proceeding under this article or
 related proceedings under this act and may not be redisclosed except  as
 necessary  for  such proceeding or proceedings and as authorized by law.
 Reports under this paragraph may be transmitted by any appropriate means
 including, but not limited to, by electronic means or placement  on  the
 record  during  proceedings in family court] COURT AND THE ATTORNEYS FOR
 THE PARTIES, INCLUDING THE ATTORNEY FOR THE CHILD,  FORTHWITH,  BUT  NOT
 LATER  THAN ONE BUSINESS DAY FOLLOWING EITHER THE DECISION TO CHANGE THE
 PLACEMENT OR THE ACTUAL DATE THE PLACEMENT CHANGE OCCURRED, WHICHEVER IS
 SOONER. SUCH NOTICE SHALL INDICATE THE DATE THAT THE PLACEMENT CHANGE IS
 ANTICIPATED TO OCCUR OR THE  DATE  THE  PLACEMENT  CHANGE  OCCURRED,  AS
 APPLICABLE.  PROVIDED, HOWEVER, IF SUCH NOTICE LISTS AN ANTICIPATED DATE
 FOR THE PLACEMENT CHANGE, THE LOCAL SOCIAL SERVICES DISTRICT OR  AUTHOR-
 IZED  AGENCY  SHALL  SUBSEQUENTLY NOTIFY THE COURT AND ATTORNEYS FOR THE
 PARTIES, INCLUDING THE ATTORNEY FOR THE CHILD, OF THE DATE THE PLACEMENT

 A. 8997                             4

 CHANGE OCCURRED; SUCH NOTICE SHALL OCCUR NO LATER THAN ONE BUSINESS  DAY
 FOLLOWING THE PLACEMENT CHANGE; and
   §  4.  Paragraph  (g)  of subdivision 3 of section 358-a of the social
 services law, as added by a chapter of the laws  of  2019  amending  the
 family court act and the social services law relating to notice of indi-
 cated  reports  of  child maltreatment and changes of placement in child
 protective and voluntary foster care placement and  review  proceedings,
 as proposed in legislative bills numbers S. 6215 and A. 7974, is amended
 to read as follows:
   (g)  In  any  case  in which an order has been issued pursuant to this
 section  approving  a  foster  care  placement  instrument,  the  social
 services  official  or authorized agency charged with custody or care of
 the child shall report  any  anticipated  change  in  placement  to  the
 [attorneys for the parties and the attorney for the child not later than
 ten  days  prior  to such change in any case in which the child is moved
 from the foster home or program into which he or she has been placed  or
 in  which the foster parents move out of state with the child; provided,
 however, that where an immediate change of  placement  on  an  emergency
 basis  is  required,  the  report shall be transmitted no later than the
 next business day after such change in placement has  been  made.    The
 social services official or authorized agency shall also submit a report
 to  the  attorneys  for  the  parties  and the attorney for the child or
 include in the placement change report any  indicated  report  of  child
 abuse  or  maltreatment  concerning the child or (if a person or persons
 caring for the child is or are the subject of the report) another  child
 in  the  same home within five days of the indication of the report. The
 official or agency may protect the  confidentiality  of  identifying  or
 address   information  regarding  the  foster  or  prospective  adoptive
 parents.    Reports  regarding  indicated  reports  of  child  abuse  or
 maltreatment  provided  pursuant  to  this  subdivision  shall include a
 statement advising recipients that the information  in  such  report  of
 child  abuse  or  maltreatment shall be kept confidential, shall be used
 only in connection with a  proceeding  under  this  section  or  related
 proceedings under the family court act and may not be redisclosed except
 as  necessary  for  such  proceeding or proceedings and as authorized by
 law.  Reports under this paragraph may be transmitted by any appropriate
 means including, but not limited to, by electronic means or placement on
 the record during proceedings in family court] COURT AND  THE  ATTORNEYS
 FOR  THE  PARTIES,  INCLUDING THE ATTORNEY FOR THE CHILD, FORTHWITH, BUT
 NOT LATER THAN ONE BUSINESS DAY FOLLOWING EITHER THE DECISION TO  CHANGE
 THE PLACEMENT OR THE ACTUAL DATE THE PLACEMENT CHANGE OCCURRED, WHICHEV-
 ER  IS  SOONER.  SUCH  NOTICE SHALL INDICATE THE DATE THAT THE PLACEMENT
 CHANGE IS  ANTICIPATED  TO  OCCUR  OR  THE  DATE  THE  PLACEMENT  CHANGE
 OCCURRED,  AS  APPLICABLE.  PROVIDED,  HOWEVER,  IF SUCH NOTICE LISTS AN
 ANTICIPATED DATE FOR THE PLACEMENT CHANGE,  THE  LOCAL  SOCIAL  SERVICES
 DISTRICT  OR  AUTHORIZED  AGENCY SHALL SUBSEQUENTLY NOTIFY THE COURT AND
 ATTORNEYS FOR THE PARTIES, INCLUDING THE ATTORNEY FOR THE CHILD, OF  THE
 DATE  THE  PLACEMENT  CHANGE  OCCURRED; SUCH NOTICE SHALL OCCUR NO LATER
 THAN ONE BUSINESS DAY FOLLOWING THE PLACEMENT CHANGE.
   § 5. This act shall take effect on the  same  date  and  in  the  same
 manner  as  a  chapter of the laws of 2019 amending the family court act
 and the social services law relating to notice of indicated  reports  of
 child  maltreatment  and  changes  of  placement in child protective and
 voluntary foster care placement and review proceedings, as  proposed  in
 legislative bills numbers S. 6215 and A. 7974, takes effect.