S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6269--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 12, 2021
                                ___________
 
 Introduced  by  M.  of A. FRONTUS, McDONALD -- read once and referred to
   the Committee on Children and Families -- recommitted to the Committee
   on Children and Families in accordance with Assembly Rule 3, sec. 2 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee

 AN  ACT  to  amend  the  executive  law, in relation to establishing the
   office of the child welfare 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 49-C
 to read as follows:
                               ARTICLE 49-C
                   OFFICE OF THE CHILD WELFARE ADVOCATE
 SECTION 996.   PURPOSE.
         996-A. DEFINITIONS.
         996-B. OFFICE OF THE CHILD WELFARE ADVOCATE.
         996-C. DUTIES OF THE OFFICE OF THE CHILD WELFARE ADVOCATE.
         996-D. ACCESS TO THE OFFICE OF THE CHILD WELFARE ADVOCATE.
         996-E. DUTIES OF THE DIRECTOR.
         996-F. CONDUCT AND SCOPE OF MEDIATION AND PROBLEM-SOLVING.
         996-G. CONFIDENTIALITY OF REPORTS.
         996-H. CHILD WELFARE ADVOCATE INDEPENDENT REVIEW BOARD.
         996-I. ACCESS TO RECORDS.
   § 996. PURPOSE. THE PURPOSE OF  THIS  ARTICLE  IS  TO  SUPPORT  YOUTH,
 BIOLOGICAL  PARENTS,  KINSHIP  CARE GIVERS AND FOSTER PARENTS, INCLUDING
 PROSPECTIVE KINSHIP CAREGIVERS OR  FOSTER  PARENTS,  IN  NAVIGATING  AND
 RESOLVING CONFLICTS CONCERNING APPLICATION OF APPLICABLE LAW, REGULATION
 AND  POLICY  WITH  REGARD  TO THE PROVISION OF OUT OF HOME CARE, WHETHER
 FAMILY BASED OR CONGREGATE  CARE,  CHILD  PROTECTIVE  SERVICES  INVESTI-
 GATIONS,  AND  PREVENTATIVE  SERVICES,  AND  TO  COLLECT AND REPORT DATA
 CONCERNING THE INQUIRIES RECEIVED.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03304-02-1
              

 A. 6269--A                          2
 
   § 996-A. DEFINITIONS.  AS USED IN THIS ARTICLE:
   1. "COMMISSIONER" MEANS THE COMMISSIONER OF THE OFFICE OF CHILDREN AND
 FAMILY SERVICES.
   2.  "DIRECTOR"  MEANS  THE DIRECTOR OF THE OFFICE OF THE CHILD WELFARE
 ADVOCATE.
   3. "OFFICE" MEANS THE OFFICE OF THE CHILD WELFARE ADVOCATE.
   4. "FOSTER PARENTS" MEANS ALL ADULTS PROVIDING OUT  OF  HOME  CARE  TO
 CHILDREN  AT  RISK FOR OR WHO HAVE BEEN REMOVED FROM THEIR HOME PURSUANT
 TO ARTICLE TEN OF THE FAMILY COURT ACT. THIS INCLUDES  KINSHIP  CAREGIV-
 ERS, RELATIVES AND NON-RELATIVES.
   5.  "KINSHIP  CAREGIVER" MEANS A PERSON AS DEFINED PURSUANT TO SECTION
 THREE HUNDRED SEVENTY-ONE OF THE SOCIAL SERVICES  LAW,  INCLUDING  THOSE
 PERSONS  WHO  HAVE  NOT YET BECOME A PERSON IN PARENTAL RELATIONSHIP BUT
 WHO OTHERWISE FIT THE DEFINITION.
   6. "ANTI-BIAS TRAINING" MEANS INSTRUCTION ON IMPLICIT BIAS,  DISCRIMI-
 NATION,  CULTURAL  COMPETENCY  AND  STRUCTURAL  INEQUITY, INCLUDING WITH
 RESPECT TO GENDER, RACE AND SEXUAL ORIENTATION, AND ON HOW THESE FACTORS
 IMPACT THE WORK OF THE OFFICE.
   § 996-B. OFFICE OF THE CHILD WELFARE ADVOCATE. THERE IS HEREBY  ESTAB-
 LISHED  THE  OFFICE OF THE CHILD WELFARE ADVOCATE IN THE OFFICE OF CHIL-
 DREN AND FAMILY SERVICES. THE  INDEPENDENT  REVIEW  BOARD  DESCRIBED  IN
 SECTION  NINE  HUNDRED  NINETY-SIX-H  OF  THIS ARTICLE SHALL APPOINT THE
 DIRECTOR OF THE OFFICE. THE DIRECTOR SHALL HAVE EXPERTISE IN  THE  AREAS
 OF  CHILD  WELFARE,  FOSTER CARE, DISPUTE RESOLUTION AND SYSTEM IMPROVE-
 MENT, SPECIFICALLY IN THE STATE OF NEW YORK, AS EVIDENCED  BY  AT  LEAST
 TEN  YEARS  OF  RELEVANT EXPERIENCE IN THE FIELD.  A TWO-THIRDS MAJORITY
 VOTE OF THE INDEPENDENT REVIEW BOARD SHALL BE  REQUIRED  TO  APPOINT  OR
 REMOVE  THE  DIRECTOR.    PERSONS  EMPLOYED  BY  THE OFFICE SHALL HAVE A
 COMPREHENSIVE KNOWLEDGE OF THE STATE'S FOSTER CARE SYSTEM AND  EXPERTISE
 IN  THE  FIELDS  OF  CHILD WELFARE, FOSTER CARE, AND DISPUTE RESOLUTION,
 SPECIFICALLY IN THE STATE OF NEW  YORK,  AS  EVIDENCED  BY  DEMONSTRATED
 PROFESSIONAL  AND  PERSONAL  EXPERIENCE,  OR BY ACADEMIC BACKGROUND, THE
 LEVEL AND SUFFICIENCY OF WHICH SHALL BE DETERMINED BY THE DIRECTOR.
   § 996-C. DUTIES OF THE OFFICE OF THE CHILD WELFARE  ADVOCATE.  1.  THE
 OFFICE SHALL:
   (A)  RECEIVE,  DOCUMENT  AND  RESPOND  TO  INQUIRIES,  GRIEVANCES  AND
 COMPLAINTS RAISED BY YOUTH, BIOLOGICAL PARENTS, KINSHIP  CAREGIVERS  AND
 FOSTER  PARENTS,  INCLUDING  PROSPECTIVE  KINSHIP  CAREGIVERS  OR FOSTER
 PARENTS;
   (B) GATHER INFORMATION AND SEEK RESOLUTION OF  INQUIRIES,  GRIEVANCES,
 AND COMPLAINTS;
   (C)  MAKE  REFERRALS,  WHERE  APPROPRIATE,  TO ADDITIONAL INFORMATION,
 SERVICES AND RESOURCES;
   (D) PROVIDE INFORMATION TO YOUTH, BIOLOGICAL PARENTS, KINSHIP CAREGIV-
 ERS AND FOSTER PARENTS,  INCLUDING  PROSPECTIVE  KINSHIP  CAREGIVERS  OR
 FOSTER PARENTS;
   (E) WORK WITH THE LOCAL DEPARTMENT OF SOCIAL SERVICES, VOLUNTARY AGEN-
 CIES, FOSTER PARENTS, BIOLOGICAL PARENTS, KINSHIP CAREGIVERS, RELATIVES,
 AND  YOUTH IN CARE TO RESOLVE CONFLICTS CONCERNING APPLICATION OF APPLI-
 CABLE LAW, REGULATION AND POLICY WITH REGARD TO THE PROVISION OF  FOSTER
 CARE;
   (F) MONITOR THE IMPLEMENTATION OF APPLICABLE LAW, REGULATION AND POLI-
 CY  CONCERNING  THE  INVOLVEMENT OF CHILD PROTECTIVE SERVICES, INCLUDING
 BUT NOT LIMITED TO THE PROVISION OF FOSTER CARE THROUGH THE  PROCESS  OF
 RECEIVING, DOCUMENTING, TRACKING AND RESPONDING TO INQUIRIES, GRIEVANCES
 AND COMPLAINTS;
 A. 6269--A                          3
 
   (G)  RECOMMEND  POLICIES,  REGULATIONS,  AND  LEGISLATION  DESIGNED TO
 PROMOTE AND IMPROVE CHILD WELFARE PRACTICES, INCLUDING BUT  NOT  LIMITED
 TO  FAMILY-BASED  FOSTER  CARE, CHILD PROTECTIVE SERVICES INVESTIGATIONS
 AND PREVENTATIVE SERVICES;
   (H)  PREPARE  AN  ANNUAL  REPORT  TO  THE  LEGISLATURE, WHICH SHALL BE
 PUBLICLY POSTED ON THE OFFICE'S WEBSITE,  WITH  AGGREGATE  DATA  ON  THE
 TOTAL  NUMBER  AND TYPES OF CONCERNS RAISED TO THE OFFICE, THE NUMBER OF
 PARTIES  SERVICED,  THE  NUMBER  OF  DISPUTES  RESOLVED  AND   RESPONSES
 PROVIDED,  THE  NATURE  OF  THE  RESOLUTION,  INCIDENTS  OF  RETALIATION
 REPORTED BY THE OFFICE, THE TRENDS AND ISSUES THAT AROSE WHILE  RESPOND-
 ING  TO  THE  CONCERNS,  BY  REGION,  AND RECOMMENDATIONS FOR CHANGES TO
 APPLICABLE LAW, RULES, REGULATIONS AND POLICY CONCERNING  THE  PROVISION
 OF FOSTER CARE; AND
   (I)  PRESENT  QUARTERLY REPORTS CONTAINING INFORMATION REGARDING MAJOR
 INQUIRIES, GRIEVANCES, AND COMPLAINTS RECEIVED BY THE  OFFICE,  AND  THE
 STATUS OF THE RESPONSES TO SUCH INQUIRIES, GRIEVANCES AND COMPLAINTS, TO
 THE INDEPENDENT CHILD WELFARE ADVOCATE REVIEW BOARD.
   2.  NOTHING  IN THIS SECTION SHALL PERMIT THE OFFICE TO PARTICIPATE IN
 ANY PENDING CHILD WELFARE INVESTIGATION OR FAMILY COURT PROCEEDING.
   § 996-D. ACCESS TO THE OFFICE  OF  THE  CHILD  WELFARE  ADVOCATE.  THE
 OFFICE  SHALL PROVIDE INFORMATION TO ANY PERSON WHO CONTACTS IT, INCLUD-
 ING, BUT NOT LIMITED TO:
   1. FOSTER PARENTS AND PROSPECTIVE FOSTER PARENTS;
   2. BIOLOGICAL PARENTS;
   3. KINSHIP CAREGIVERS AND PROSPECTIVE KINSHIP CAREGIVERS;
   4. RELATIVES;
   5. YOUTH IN CARE;
   6. COUNTY OFFICIALS; AND
   7. PRIVATE AND VOLUNTARY AGENCIES, THROUGH MAIL, TELEPHONE AND  INTER-
 NET-BASED COMMUNICATION.
   § 996-E. DUTIES OF THE DIRECTOR.  THE DIRECTOR SHALL:
   1. PROVIDE ADMINISTRATIVE SUPERVISION AND OVERSIGHT TO THE OFFICE;
   2.  ESTABLISH  PROCEDURES  TO ENSURE THAT THE OFFICE SERVICES ARE MADE
 AVAILABLE TO YOUTH, BIOLOGICAL PARENTS, KINSHIP  CAREGIVERS  AND  FOSTER
 PARENTS, INCLUDING PROSPECTIVE KINSHIP CAREGIVERS OR FOSTER PARENTS;
   3. PARTICIPATE IN THE POLICY DEVELOPMENT PROCESS OF THE OFFICE;
   4.  CONDUCT  ANNUAL ANTI-BIAS TRAINING FOR OFFICE OF THE CHILD WELFARE
 ADVOCATE STAFF; AND
   5. OVERSEE THE PREPARATION OF THE REPORTS  REQUIRED  UNDER  PARAGRAPHS
 (H)  AND  (I) OF SUBDIVISION ONE OF SECTION NINE HUNDRED NINETY-SIX-C OF
 THIS ARTICLE.
   § 996-F. CONDUCT AND SCOPE OF MEDIATION AND PROBLEM-SOLVING.  1.   THE
 OFFICE SHALL PROVIDE RELEVANT INFORMATION ABOUT APPLICABLE LAW AND POLI-
 CY,  AND  PROVIDE  A  MEANS  TO  RESOLVE ISSUES AMONG AND BETWEEN YOUTH,
 BIOLOGICAL PARENTS, KINSHIP CAREGIVERS  AND  FOSTER  PARENTS,  INCLUDING
 PROSPECTIVE  KINSHIP  CAREGIVERS  OR  FOSTER PARENTS, AND ALSO THE LOCAL
 DEPARTMENT OF SOCIAL SERVICES AND THE VOLUNTARY AGENCY OR PRIVATE  AGEN-
 CY, WHEN NECESSARY.
   2.   THE OFFICE SHALL DEVELOP AND APPLY A PROCESS FOR RECEIVING, DOCU-
 MENTING, FACT-FINDING, AND RESOLVING OR ANSWERING INQUIRIES,  GRIEVANCES
 AND  COMPLAINTS  RAISED BY YOUTH, BIOLOGICAL PARENTS, KINSHIP CAREGIVERS
 AND FOSTER PARENTS, INCLUDING PROSPECTIVE KINSHIP CAREGIVERS  OR  FOSTER
 PARENTS ORALLY OR IN WRITTEN FORM.
   3.   THE OFFICE  SHALL REVIEW AND EVALUATE THE EFFECTIVENESS AND EFFI-
 CIENCY OF ITS OWN RESOLUTION PROCEDURES, AND MAKE RECOMMENDATIONS TO THE
 A. 6269--A                          4
 
 INDEPENDENT REVIEW BOARD DESCRIBED IN SECTION NINE HUNDRED  NINETY-SIX-H
 OF THIS ARTICLE FOR THE IMPROVEMENT OF SUCH PROCEDURES.
   §  996-G.  CONFIDENTIALITY  OF  REPORTS.   OFFICE OF THE CHILD WELFARE
 ADVOCATE REPORTS CREATED IN RESPONSE TO INDIVIDUAL INQUIRIES, GRIEVANCES
 AND COMPLAINTS RAISED BY YOUTH, BIOLOGICAL PARENTS,  KINSHIP  CAREGIVERS
 AND  FOSTER  PARENTS, INCLUDING PROSPECTIVE KINSHIP CAREGIVERS OR FOSTER
 PARENTS ARE CONFIDENTIAL AND SHALL BE SAFEGUARDED  FROM  COMING  TO  THE
 KNOWLEDGE  OF,  AND  FROM INSPECTION OR EXAMINATION BY, ANY PERSON OTHER
 THAN THE DIRECTOR OR MEMBERS OF THE INDEPENDENT REVIEW BOARD ESTABLISHED
 PURSUANT TO SECTION NINE HUNDRED NINETY-SIX-H OF THIS ARTICLE.   AUTHOR-
 IZED  PERSONS  RECEIVING  SUCH  REPORTS  SHALL  NOT  DIVULGE INFORMATION
 CONTAINED THEREIN WITHOUT THE  WRITTEN  CONSENT  OF  THE  DIRECTOR.  THE
 AUTHORIZED  DISCLOSURE  OF  ANY  SUCH  INFORMATION SHALL NOT CONTAIN ANY
 INDIVIDUALLY IDENTIFIABLE INFORMATION.   NO STATE, COUNTY  OR  VOLUNTARY
 AGENCY  CHILD  WELFARE AGENTS SHALL REMOVE, END VISITATION, LIMIT ACCESS
 TO A CHILD OR TAKE ANY OTHER NEGATIVE ACTION AGAINST A FAMILY FOR  SEEK-
 ING  INFORMATION  OR  ASSISTANCE  FROM THE OFFICE.   NO STATE, COUNTY OR
 VOLUNTARY AGENCY, SHALL DISCHARGE, OR  IN  ANY  MANNER  DISCRIMINATE  OR
 RETALIATE  AGAINST  ANY  EMPLOYEE WHO IN GOOD FAITH MAKES A COMPLAINT TO
 THE OFFICE OR COOPERATES WITH THE OFFICE.  NOTHING IN THIS SECTION SHALL
 PREVENT THE OFFICE FROM PREPARING AND DISSEMINATING THE REPORTS REQUIRED
 UNDER PARAGRAPHS (H) AND (I) OF SUBDIVISION ONE OF SECTION NINE  HUNDRED
 NINETY-SIX-C OF THIS ARTICLE.
   §  996-H. CHILD WELFARE ADVOCATE INDEPENDENT REVIEW BOARD. 1. THERE IS
 HEREBY ESTABLISHED AN INDEPENDENT CHILD WELFARE ADVOCATE  REVIEW  BOARD,
 HEREBY REFERRED TO AS THE "BOARD". THE BOARD SHALL BE COMPOSED OF TWELVE
 BOARD  MEMBERS, AND SHALL CONSIST OF PERSONS WHO ARE NOT EMPLOYED BY THE
 OFFICE OF CHILDREN AND FAMILY SERVICES.  THE BOARD SHALL BE COMPOSED  OF
 A DIVERSE GROUP OF PERSONS WITH EITHER CHILD WELFARE POLICY EXPERTISE OR
 CHILD WELFARE SYSTEM EXPERIENCE. THE BOARD MEMBERS SHALL BE APPOINTED BY
 APRIL FIRST, TWO THOUSAND TWENTY-THREE, AS FOLLOWS:
   (A)  THE  CHIEF  JUDGE  OF THE NEW YORK COURT OF APPEALS SHALL APPOINT
 THREE BOARD MEMBERS WHICH SHALL BE:
   (I) AN INDIVIDUAL WITH  EXPERIENCE  REPRESENTING  CHILDREN  IN  FAMILY
 COURT ARTICLE TEN PROCEEDINGS;
   (II)  AN  INDIVIDUAL  WITH  EXPERIENCE  REPRESENTING PARENTS IN FAMILY
 COURT ARTICLE TEN PROCEEDINGS; AND
   (III) AN INDIVIDUAL WITH EXPERIENCE AS A FAMILY COURT JUDGE.
   (B) THE GOVERNOR SHALL APPOINT THREE BOARD MEMBERS WHICH SHALL BE:
   (I) A MENTAL HEALTH PROFESSIONAL WITH PREVIOUS EXPERIENCE  WITH  CHILD
 ABUSE AND NEGLECT CASES;
   (II)  AN INDIVIDUAL WITH EXPERIENCE IN PRIMARY OR SECONDARY EDUCATION;
 AND
   (III) AN INDIVIDUAL WITH PREVIOUS PROFESSIONAL EXPERIENCE WITH A HUMAN
 OR SOCIAL SERVICES AGENCY OR A PRIVATE CHILD WELFARE AGENCY.
   (C) THE SENATE SHALL APPOINT THREE BOARD MEMBERS WHICH SHALL BE:
   (I) AN INDIVIDUAL WHO WAS FORMERLY A CHILD IN THE FOSTER CARE SYSTEM;
   (II) A CURRENT OR FORMER FOSTER PARENT OR ADOPTIVE PARENT; AND
   (III) AN INDIVIDUAL WITH PROFESSIONAL OR  VOLUNTEER  EXPERIENCE  AS  A
 COURT APPOINTED SPECIAL ADVOCATE.
   (D) THE ASSEMBLY SHALL APPOINT THREE BOARD MEMBERS WHICH SHALL BE:
   (I)  A  PARENT  WHO HAS EXPERIENCED INTERACTION WITH THE CHILD WELFARE
 SYSTEM;
   (II) A HEALTH CARE PROFESSIONAL WITH PREVIOUS  EXPERIENCE  WITH  CHILD
 ABUSE AND NEGLECT CASES; AND
   (III) A CURRENT OR FORMER KINSHIP CAREGIVER.
 A. 6269--A                          5
 
   2.  BOARD  MEMBERS SHALL SERVE FOR TERMS OF THREE YEARS. BOARD MEMBERS
 SHALL BE REIMBURSED BY THE OFFICE FOR  ACTUAL  AND  REASONABLE  EXPENSES
 INCURRED  IN  THE CONDUCT OF THEIR DUTIES. THE BOARD SHALL MEET AT LEAST
 QUARTERLY WITH THE DIRECTOR, THE OFFICE  STAFF,  AND  OTHER  APPROPRIATE
 OFFICIALS  TO  DISCUSS  AND  REVIEW REPORTS SUBMITTED BY THE OFFICE. THE
 BOARD SHALL HAVE THE AUTHORITY TO:
   (A) APPOINT THE DIRECTOR OF THE OFFICE;
   (B) MEET WITH THE DIRECTOR AND CHILD WELFARE ADVOCATE STAFF QUARTERLY;
   (C) REVIEW REPORTS SUBMITTED BY THE OFFICE;
   (D) ADVISE THE OFFICE ON MATTERS CONCERNING COMPLAINTS AND GRIEVANCES,
 DISPUTE RESOLUTION, AND RECOMMENDATIONS FOR CHANGES TO  APPLICABLE  LAW,
 RULES, REGULATIONS AND POLICY CONCERNING THE CHILD WELFARE SYSTEM;
   (E)  EVALUATE  THE  EFFECTIVENESS  AND  PERFORMANCE  OF THE OFFICE AND
 PROVIDE ANY NECESSARY FEEDBACK IN ORDER TO PROMOTE  THE  IMPROVEMENT  OF
 THE FOSTER CARE SYSTEM; AND
   (F)  TAKE  STEPS  TO  ADVISE THE PUBLIC OF THE SERVICES OFFERED BY THE
 OFFICE AND PROMOTE THE USE OF AND ACCESS TO THE OFFICE.
   § 996-I. ACCESS TO RECORDS. IN THE CONDUCT OF ITS DUTIES  PURSUANT  TO
 THIS  ARTICLE, THE OFFICE SHALL HAVE ACCESS TO ALL BOOKS, RECORDS, LOGS,
 REPORTS, MEMORANDA AND ANY AND ALL OTHER MATERIALS OR DOCUMENTS  IN  THE
 POSSESSION OF A LOCAL DEPARTMENT OF SOCIAL SERVICES, VOLUNTARY AGENCY, A
 CONTRACTED  PREVENTATIVE  SERVICE PROVIDER OR THE OFFICE OF CHILDREN AND
 FAMILY SERVICES, AND FACILITIES OR PROGRAMS  OF  THE  OFFICE,  INCLUDING
 FILES MAINTAINED IN THE NEW YORK STATE CHILD WELFARE INFORMATION SYSTEM.
 THE  DIRECTOR, OR HIS OR HER DESIGNEE, MAY COPY OR MAKE REFERENCE TO ANY
 SUCH REPORT, DOCUMENT, MEMORANDUM, LOG ENTRY OR OTHER MATERIAL OR  DOCU-
 MENT  AND,  WHERE  APPROPRIATE, MAY INCLUDE A COPY IN HIS OR HER REPORT.
 CONSISTENT WITH APPLICABLE LAWS AND REGULATIONS, THE CONFIDENTIALITY  OF
 RECORDS  AND DOCUMENTS OBTAINED BY THE OFFICE SHALL BE MAINTAINED BY THE
 OFFICE.
   § 2.  This act shall take effect January 1, 2023.