NY State Senate Bill 2021-S803

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 05, 2022	referred to children and families
Jan 29, 2021	committee discharged and committed to children and families
Jan 06, 2021	referred to social services

co-Sponsors

2021-S803 (ACTIVE) - Details

Current Committee:: Senate Children And Families
Law Section:: Social Services Law
Laws Affected:: Amd §2, add Art 5 Title 12-A §§370-c & 370-d, §§394, 374-g & 393, Soc Serv L; amd §94-b, add §94-d, Exec L; amd §§2511 & 2510, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6225
2023-2024: S4419

2021-S803 (ACTIVE) - Summary

Provides for supports and services for unaccompanied minors with no lawful immigration status including legal representation.

2021-S803 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S803

SPONSOR: BIAGGI
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would provide supports and services for unaccompanied minors
that are released to a sponsor in New York State.

 
SUMMARY OF PROVISIONS:

Section 1 provides a definition for an unaccompanied minor.

Section 2 outlines supports and services to be provided to unaccompanied
minors: public assistance, health and behavioral health services under
CHP, counseling sessions with social workers, legal services, language

services, employment assistance, bilingual support groups, and enroll-
ment in public school. It requires programs providing services and
supports to receive trauma informed training and training on how to
identify and react to unaccompanied minors who may have experienced
adverse childhood experiences. Also requires the Office of Temporary and
Disability Assistance (OTDA), Office of Children and Family Services
(OCFS), Office of Mental Health (OMB) and Office for New Americans (ONA)
to work together to create informational materials to include contact
information for immigration services liaisons and a general description
of benefits the unaccompanied minor may be eligible for. Informational
materials shall be made available in English and the six most common
non-English languages and posted on the respective agencies websites.

Section 3 provides for legal representation for an unaccompanied minor
for a removal proceeding when the child was present in this state or
resided in state when questioned/taken into custody, or is detained.

Section 4 creates immigration service liaisons within the Office for New
Americans, to assist unaccompanied minors to access appropriate supports
and services.

Section 5 requires foster care agencies in New York State to provide
unaccompanied minors and their sponsors with direct referral to immi-
gration service liaisons and informational materials informing them of
available supports and services.

Section 6 requires foster care agencies located outside of the State but
placing an unaccompanied minor in New York State to provide unaccompa-
nied minors and their sponsors with direct referral to immigration
service liaisons and informational materials informing them of available
supports and services.

Section 7 and 8 ensures unaccompanied minors are eligible for emergency
medical assistance and safety net assistance.

Section 9 allows unaccompanied minors to be eligible for Child Health
Plus (CHP).

Section 10 provides CHP coverage to include mental health rehabilitation
services and care and treatment for adverse childhood experiences.

Section 11 requires compensation of assigned counsel in immigration
related matters.

Section 12 provides a severability clause. Section 13 provides an effec-
tive date.

 
JUSTIFICATION:

In April 2018, United States Attorney General Jeff Sessions officially
announced the Zero Tolerance Policy, which directed federal prosecutors
to criminally prosecute all adult migrants entering the country illegal-
ly. This policy change led to the separation of families because chil-
dren cannot be held in a detention facility with their parents under 8
U.S.C. § 1232(c)(2), which requires children in custody to be held in
the least restrictive setting that is in the best interest of the child.
The children separated from their parents or relatives are immediately
placed into the custody of the Department of Homeland Security (DHS). In
most cases, DHS transfers the custody of these children to the Office of
Refugee Resettlement (ORR) within 72 hours. ORR has contracts with
foster care agencies in 17 states including New York State. These foster
care agencies are tasked with finding each child a sponsor that must be
a 'suitable person' for the child to live with. A suitable person can
include a parent, a relative, or other fictive kin, which are adults
with a positive relationship with the child including a stepparent,
godparent, or family friend. The Children that were separated from their
families have experienced trauma as a direct result of the actions of
the federal government of the United States of America. These same chil-
dren have also traveled thousands of miles to escape armed conflict,
violent crime, endemic poverty, natural disasters, discrimination and
other forms of oppression in their home countries.

According to the American Academy of Pediatrics, "highly stressful expe-
riences, like family separation, can cause irreparable harm, disrupting
a child's brain architecture," and that "prolonged exposure to serious
stress known as toxic stress - can carry lifelong consequences for chil-
dren." The traumatic separation from a parent is on the list of Adverse
Childhood Experiences (ACES) that cause toxic stress.

Toxic stress is the "strong, frequent or prolonged activation of the
body's stress response systems." The physiological responses to toxic
stress include increased levels of stress hormones, cortisol, norepi-
nephrine, and adrenaline. High levels or prolonged exposure to these
hormones are toxic to the body and brain. Scientists have found that
exposure to toxic stress and the elevated levels of stress hormones
damage the structure and function of a child's developing brain. The
results for children who have experienced trauma and the toxic stress it
produces can include learning difficulties, behavioral problems, and
difficulty regulating emotions and potentially debilitating physical and
mental health issues.

The Zero Tolerance Policy intentionally inflicted trauma upon these
children. New York State must act to ensure that this vulnerable popu-
lation has access to a full range of supports and services necessary to
ensure their health, safety and well-being.

 
PRIOR LEGISLATIVE HISTORY:

2020: S6225B died in children and families; A7815B died on third reading
2019: S6225B died in children and families; A7815B passed

Assembly

 
FISCAL IMPLICATIONS:

The cost associated with providing legal services could be covered by
the SFY 19-20 budget allocation for the Liberty Defense Project adminis-
tered by the ONA.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, sections one,
two, four, five, six, seven, eight, and nine of this act shall take
effect on the sixtieth day after it shall have become a law.

2021-S803 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    803
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sens. BIAGGI, BENJAMIN, HOYLMAN, RIVERA -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Social Services
 
 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.
         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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD01531-01-1

 S. 803                              2
 
 SERVICES  SHALL  INCLUDE,  BUT NOT BE LIMITED TO:  HEALTH AND BEHAVIORAL
 HEALTH SERVICES COVERED  UNDER  PARAGRAPH  (K)  OF  SUBDIVISION  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 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 CHILDREN AND FAMILY
 SERVICES,  IN  CONSULTATION  WITH  THE  OFFICE  OF MENTAL HEALTH AND THE
 OFFICE FOR NEW AMERICANS,  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  CARE
 PROVIDERS.  SUCH  INFORMATIONAL MATERIALS SHALL INCLUDE CONTACT INFORMA-
 TION FOR IMMIGRATION SERVICES LIAISONS, AS WELL AS A GENERAL DESCRIPTION
 OF THE BENEFITS 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 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,  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

 S. 803                              3
 
 COMPLETION OF SUCH PROCEEDING, INCLUDING APPEALS AND/OR OBTAINING STATUS
 AND OTHER RELATED ASSISTANCE, PURSUANT TO SECTION NINETY-FOUR-D  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-D
 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.
   §  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

 S. 803                              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, 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 CHIL-
 DREN AND FAMILY SERVICES,  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 OF CHILDREN  AND  FAMILY
 SERVICES, INFORMING THEM OF AVAILABLE SUPPORTS AND SERVICES THE UNACCOM-
 PANIED  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. 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.

 S. 803                              5
 
   § 8. 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
 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.
   § 9. The executive law is amended by adding a new section 94-d to read
 as follows:
   § 94-D. 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

 S. 803                              6
 
 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.
   § 10. 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.
   §  11.  This  act  shall  take  effect immediately; provided, however,
 sections one, two, four, five, six, seven, eight, and nine of  this  act
 shall take effect on the sixtieth day after it shall have become a law.

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Senate Bill S803

Sponsored By

Archive: Last Bill Status - In Senate Committee Children And Families Committee

co-Sponsors

2021-S803 (ACTIVE) - Details

2021-S803 (ACTIVE) - Summary

2021-S803 (ACTIVE) - Sponsor Memo

2021-S803 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S803

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Sponsored By

Alessandra Biaggi

Archive: Last Bill Status - In Senate Committee Children And Families Committee

co-Sponsors

Brian Benjamin

Brad Hoylman-Sigal

Gustavo Rivera

2021-S803 (ACTIVE) - Details

2021-S803 (ACTIVE) - Summary

2021-S803 (ACTIVE) - Sponsor Memo

2021-S803 (ACTIVE) - Bill Text download pdf

Comments