S T A T E O F N E W Y O R K
________________________________________________________________________
9004
I N S E N A T E
May 3, 2022
___________
Introduced by Sen. BRISPORT -- (at request of the Council on Children
and Families) -- read twice and ordered printed, and when printed to
be committed to the Committee on Children and Families
AN ACT to amend the social services law, in relation to the establish-
ment and powers and duties of the council on children and families; to
repeal certain provisions of such law relating thereto; and to repeal
certain provisions of the mental hygiene law relating to the chil-
dren's plan
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 483 of the social services law, as added by section
2 of part F2 of chapter 62 of the laws of 2003, subdivision 1 as amended
by chapter 672 of the laws of 2019, is amended to read as follows:
§ 483. Council on children and families[; chair]. 1. PURPOSE. There
shall be a council on children and families, HEREINAFTER REFERRED TO IN
THIS ARTICLE AS THE "COUNCIL", THAT SHALL PROVIDE A FORUM FOR PROMOTING
CROSS-SYSTEM APPROACHES TO IMPROVE THE EFFECTIVENESS AND EFFICIENCY OF
SERVICE DELIVERY SYSTEMS FOR CHILDREN AND YOUTH, CONSIDER NEW OR EMERG-
ING SERVICE NEEDS AND PROMOTE COORDINATED AND CONSISTENT POLICIES TO
BEST MEET THE NEEDS OF CHILDREN AND YOUTH AND THEIR FAMILIES. THE COUN-
CIL, established within the office of children and family services
[consisting], SHALL CONSIST of the following members: the [state]
commissioner of children and family services, the commissioner of tempo-
rary and disability assistance, the commissioner of mental health, the
commissioner [of the office] for people with developmental disabilities,
the commissioner of [the office of alcoholism and substance abuse
services] ADDICTION SERVICES AND SUPPORTS, the commissioner of educa-
tion, [the director of the office of probation and correctional alterna-
tives,] the commissioner of health, the commissioner of [the division
of] criminal justice services, the [state advocate for persons with
disabilities] EXECUTIVE DIRECTOR OF THE JUSTICE CENTER FOR THE
PROTECTION OF PEOPLE WITH SPECIAL NEEDS, the director [of the office]
for the aging, the commissioner of labor, and the [chair of the commis-
sion on quality of care for the mentally disabled. The governor shall
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09968-02-1
S. 9004 2
designate the chair of the council and the chief] executive [officer
(CEO)] DIRECTOR OF THE DEVELOPMENTAL DISABILITIES PLANNING COUNCIL.
2. STAFFING. THE GOVERNOR SHALL DESIGNATE THE EXECUTIVE DIRECTOR OF
THE COUNCIL. The [chair of the council] EXECUTIVE DIRECTOR, in consulta-
tion with the commissioner of [the office of] children and family
services, shall designate staff [from the office of children and family
services to work full time in carrying out] TO CARRY OUT the functions
of the council.
3. MEETINGS. The council [may conduct its meetings and, by and through
the chair,] SHALL MEET AS OFTEN AS DEEMED NECESSARY BY THE EXECUTIVE
DIRECTOR OF THE COUNCIL OR THE COMMISSIONER OR DIRECTOR OF A MEMBER
AGENCY BUT IN NO EVENT LESS THAN ANNUALLY TO perform its powers and
duties [notwithstanding the absence of a quorum; provided, however that
no action may be taken by the council without the concurrence of the
chair].
§ 2. Section 483-a of the social services law, as added by section 2
of part F2 of chapter 62 of the laws of 2003, is amended to read as
follows:
§ 483-a. Utilization of other agency assistance. To effectuate the
purposes of this article, any department, division, board, bureau,
commission or agency of the state or of any political subdivision there-
of shall, at the request of the [chair] EXECUTIVE DIRECTOR OF THE COUN-
CIL, provide to the council such facilities, assistance and data as will
enable the council TO properly [to] carry out its powers and duties [and
those of the chair].
§ 3. Section 483-b of the social services law, as added by section 2
of part F2 of chapter 62 of the laws of 2003, is amended to read as
follows:
§ 483-b. Powers and duties of council. 1. As used in this section, the
terms "care", "services", AND "programs"[, and "services programs"]
shall mean and include care, maintenance, services and programs provided
to children AND YOUTH of the state and their families by or under the
jurisdiction of a member agency. The term "member agency" shall mean an
agency headed by a member of the council.
2. The council shall have the following powers:
(a) to identify problems and deficiencies in residential care and
community-based services AND programs and, on a selective basis, to plan
and make recommendations to the governor for the remedy of such problems
and deficiencies and for the development of programs of care and
services for children AND YOUTH and their families;
(b) to make recommendations to improve coordination of program and
fiscal resources of state-local, public-voluntary care and services to
children AND YOUTH and their families;
(c) to [coordinate program] FACILITATE INTERAGENCY COOPERATION AND
COORDINATION OF PROGRAMS and [management] research [of] BY member agen-
cies for the purpose of monitoring, evaluating or redirecting existing
care [and], services AND programs or developing new SERVICES AND
programs, and to conduct, sponsor, or direct member agencies to under-
take such research or other activities;
(d) to review and resolve differences, if any, concerning rules and
regulations of each member agency insofar as such rules and regulations
impact on CARE, services OR programs provided by other member agencies;
(e) to promulgate, amend and rescind rules and regulations relating to
the administration and performance of the powers and duties of the coun-
cil pursuant to this article;
S. 9004 3
(f) to review [significant] EXISTING state and locally operated and
supported [care and] services[,] AND PROGRAMS AND plans and proposals
for new services AND PROGRAMS for children AND YOUTH and THEIR families
to determine whether such services AND PROGRAMS are planned, created and
delivered in a coordinated, effective and comprehensive manner;
(g) to perform all other things necessary [and convenient] to carry
out the functions, powers and duties of the council and to effectuate
the purposes of this article; and
(h) to accept and expend any grants, awards, or other funds or appro-
priations as may be available to the council to effectuate the purposes
of this article, subject to the approval of the director of the budget.
3. [The council shall review the budget requests of member agencies
insofar as such budgets jointly affect services programs for children
and their families and shall make comments and recommendations thereon
to the relevant member agencies and the governor.
4.] (a) The council shall meet on a regular basis to implement the
purposes of this article and to discuss and resolve disputes, including
but not limited to disputes between member agencies, relating to their
functions, powers and duties over the provision of services to partic-
ular children AND YOUTH and their families or to categories of children
[or child and family problems] AND YOUTH when all the internal statutory
and administrative grievance or appeal procedures applicable to a member
agency have failed to finally resolve such dispute. [The council shall
direct each member agency to establish and maintain such grievance or
appeal procedures.]
(b) The council shall direct member agencies to provide an evaluation,
including a diagnostic study, of a particular child OR YOUTH and his or
her family when there is a dispute as to the appropriate agency or
program in which the child OR YOUTH should be placed or from which the
child OR YOUTH and his or her family should receive services, and,
following such study, the council shall order placement of a child OR
YOUTH with a member agency, or with a social services official, or order
a member agency to provide or require the provision of services to the
child OR YOUTH and his or her family in a manner consistent with the
legal authority of the member agency or social services official, as
applicable.
(c) The council shall direct member agencies to take appropriate
direct action or to exercise their supervisory powers over local offi-
cials and agencies, in the resolution of such disputes.
(d) The duty of the council to resolve disputes involving particular
children OR YOUTH may be performed on a selective basis within the
discretion of the council. Exercise of jurisdiction over such disputes
by the council or appeals to the council therefor shall not be required
as a condition precedent to the initiation of a proceeding pursuant to
article seventy-eight of the civil practice law and rules.
(e) A dispute relative to which member agency shall have the responsi-
bility for determining and recommending adult services pursuant to
sections 7.37 and 13.37 of the mental hygiene law, section three hundred
ninety-eight-c of [the social services law] THIS CHAPTER, or subdivision
ten of section forty-four hundred three of the education law shall be
resolved in accordance with this subdivision.
[5.] 4. (a) Notwithstanding any other provision of state law to the
contrary, the council may request any member agency to submit to the
council and such member agency shall submit, to the extent permitted by
federal law, all information in the form and manner and at such times as
S. 9004 4
the council may require that it is appropriate to the purposes and oper-
ation of the council.
(b) The council shall protect the confidentiality of individual iden-
tifying information submitted to or provided by the council, and prevent
access thereto, by, or the distribution thereof to, persons not author-
ized by law.
§ 4. Section 483-c of the social services law is REPEALED and a new
section 483-c is added to read as follows:
§ 483-C. COUNCIL COMMITTEES. 1. THE COUNCIL SHALL HAVE TWO STANDING
COMMITTEES: (A) A CROSS-SYSTEMS COMMITTEE FOR CHILDREN AND YOUTH WITH
COMPLEX NEEDS; AND (B) AN EARLY CARE AND EDUCATION COMMITTEE. IN ACCORD-
ANCE WITH THE PURPOSES OF THIS ARTICLE, OTHER COMMITTEES MAY BE FORMED
BY THE EXECUTIVE DIRECTOR OF THE COUNCIL OR THE REQUEST OF THE GOVERNOR
OR A COMMISSIONER OR DIRECTOR OF A MEMBER AGENCY.
2. THERE SHALL BE A CROSS-SYSTEMS COMMITTEE FOR CHILDREN AND YOUTH
WITH COMPLEX NEEDS TO SUPPORT THE ESTABLISHMENT OF A COORDINATED SYSTEM
OF CARE FOR CHILDREN AND YOUTH AND THEIR FAMILIES WHO REQUIRE ASSISTANCE
FROM MULTIPLE SYSTEMS AND TO FACILITATE COORDINATION AMONG MEMBER AGEN-
CIES TO BETTER SERVE SUCH CHILDREN AND YOUTH AND THEIR FAMILIES.
(A) SUCH COMMITTEE SHALL MEET AS OFTEN AS DEEMED NECESSARY BY THE
EXECUTIVE DIRECTOR OF THE COUNCIL OR A COMMISSIONER OR DIRECTOR OF A
MEMBER AGENCY AND SHALL BE COMPRISED OF COMMISSIONERS AND DIRECTORS OR
THEIR DESIGNEES FROM THE FOLLOWING MEMBER AGENCIES: THE OFFICE OF CHIL-
DREN AND FAMILY SERVICES, THE OFFICE OF MENTAL HEALTH, THE OFFICE FOR
PEOPLE WITH DEVELOPMENTAL DISABILITIES, THE DEPARTMENT OF HEALTH, THE
OFFICE OF ADDICTION SERVICES AND SUPPORTS, THE DEVELOPMENTAL DISABILI-
TIES PLANNING COUNCIL, AND THE EDUCATION DEPARTMENT.
(B) SUCH COMMITTEE SHALL PROVIDE FOR THE EFFECTIVE COLLABORATION AMONG
STATE AND LOCAL HEALTH, MENTAL HEALTH, DEVELOPMENTAL DISABILITIES,
EDUCATION, CHILD WELFARE, JUVENILE JUSTICE, AND OTHER HUMAN SERVICES
GOVERNMENTAL ENTITIES AND STAKEHOLDERS BY COORDINATING CROSS-SYSTEMS
PROFESSIONAL DEVELOPMENT TRAINING, RECOMMENDING THE USE OF FUNDING MECH-
ANISMS TO MORE FLEXIBLY SUPPORT THE UNIQUE NEEDS OF CHILDREN AND YOUTH
AND THEIR FAMILIES REQUIRING SERVICES FROM MULTIPLE SYSTEMS, AND OTHER
APPROACHES TO PROMOTING INTERAGENCY COOPERATION TO BEST SUPPORT THE
NEEDS OF CHILDREN AND YOUTH AND THEIR FAMILIES.
(C) SUCH COMMITTEE SHALL PROVIDE AN ANNUAL PROGRESS REPORT, BY APRIL
THIRTIETH OF EACH YEAR, WHICH SHALL INCLUDE AN UPDATE ON CHILDREN AND
YOUTH PLACED IN RESIDENTIAL PROGRAMS AND SCHOOLS OUTSIDE OF NEW YORK
STATE AND OTHER COMMITTEE ACTIVITIES.
3. THERE SHALL BE AN EARLY CARE AND EDUCATION COMMITTEE TO SUPPORT THE
ALIGNMENT OF PROGRAMS AND SERVICES FOR YOUNG CHILDREN AND THEIR FAMILIES
TO PROMOTE HEALTHY DEVELOPMENT AND SCHOOL READINESS.
(A) SUCH COMMITTEE SHALL MEET AS OFTEN AS DEEMED NECESSARY BY THE
EXECUTIVE DIRECTOR OF THE COUNCIL OR THE COMMISSIONER OR DIRECTOR OF A
MEMBER AGENCY AND SHALL BE COMPRISED OF COMMISSIONERS AND DIRECTORS OR
THEIR DESIGNEES FROM THE FOLLOWING MEMBER AGENCIES: THE OFFICE OF CHIL-
DREN AND FAMILY SERVICES, THE EDUCATION DEPARTMENT, THE DEPARTMENT OF
HEALTH, THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, THE OFFICE OF
MENTAL HEALTH, AND THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILI-
TIES. THE COMMITTEE SHALL BE INFORMED BY THE WORK AND RECOMMENDATIONS OF
THE EARLY CHILDHOOD ADVISORY COUNCIL ESTABLISHED PURSUANT TO SECTION
FOUR HUNDRED EIGHTY-THREE-G OF THIS ARTICLE.
(B) COMMITTEE MEMBERS, TO THE EXTENT PRACTICABLE, SHALL NOTIFY THE
EXECUTIVE DIRECTOR OF THE COUNCIL WHEN PROPOSING NEW POLICIES, RULES, OR
REGULATIONS THAT MAY IMPACT OTHER COMMITTEE MEMBER AGENCIES. THE EXECU-
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TIVE DIRECTOR OF THE COUNCIL SHALL DISTRIBUTE SUCH PROPOSED POLICIES,
RULES, OR REGULATIONS FOR REVIEW BY COMMITTEE MEMBERS TO SOLICIT FEED-
BACK, WITHIN GOVERNING TIME PERIODS, ON THE POSSIBLE CROSS-SYSTEM ALIGN-
MENT OF SUCH PROPOSALS.
(C) SUCH COMMITTEE SHALL PROVIDE AN ANNUAL PROGRESS REPORT BY MAY
THIRTIETH OF EACH YEAR.
§ 5. Sections 483-d, 483-e and 483-f of the social services law are
REPEALED.
§ 6. Section 7.43 of the mental hygiene law is REPEALED.
§ 7. Subdivisions 2 and 6 of section 483-g of the social services law,
as amended by chapter 14 of the laws of 2017, are amended to read as
follows:
2. The governor shall also designate the two chairpersons to the early
childhood advisory council ONE OF WHOM SHALL BE THE EXECUTIVE DIRECTOR
OF THE COUNCIL OR HIS OR HER DESIGNEE.
6. The EXECUTIVE DIRECTOR OF THE COUNCIL, ON BEHALF OF THE early
childhood advisory council shall submit a statewide strategic report
addressing the activities described in subdivision three of this section
to the director of the head start collaboration office, the governor,
the speaker of the assembly and the temporary president of the senate.
After submission of a statewide strategic report, the early childhood
advisory council shall meet periodically to review any implementation of
the recommendations in such report and any changes in state and local
needs.
§ 8. This act shall take effect on the one hundred eightieth day after
it shall have become a law.