Assembly Bill A10521

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10521
 
                           I N  A S S E M B L Y
 
                               May 31, 2024
                                ___________
 
 Introduced  by  COMMITTEE  ON  RULES  -- (at request of M. of A. Hevesi,
   Lavine) -- read once and referred to the  Committee  on  Children  and
   Families
 
 AN  ACT  to amend the social services law, in relation to the establish-
   ment of a statewide supervised visitation initiative
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The social services law is amended by adding a new section
 398-f to read as follows:
   § 398-F. SUPERVISED VISITATION.  1. THE LEGISLATURE FINDS AND DECLARES
 THAT PROFESSIONALLY SUPERVISED VISITATION PROGRAMS ARE  OFTEN  NECESSARY
 IN  ORDER  TO KEEP FAMILIES SAFE, TO FOSTER HEALTHY FAMILY RELATIONSHIPS
 AND TO FURTHER THE BEST INTERESTS OF CHILDREN IN FAMILY  OFFENSE,  CHILD
 PROTECTIVE, AND CUSTODY AND VISITATION PROCEEDINGS IN SUPREME AND FAMILY
 COURTS.  RECOGNIZING  THAT A LARGE NUMBER OF COUNTIES HAVE NO SUPERVISED
 VISITATION PROGRAMS AT ALL AND, OF THOSE THAT HAVE  SUCH  PROGRAMS,  THE
 NEED  FAR  EXCEEDS THE AVAILABILITY OF THE PROGRAMS, IT IS THE INTENT OF
 THIS SECTION TO PROVIDE STATE SUPPORT FOR THE ESTABLISHMENT OF AT  LEAST
 ONE  PROGRAM IN EVERY COUNTY THAT DOES NOT HAVE ONE AND, FOR THOSE COUN-
 TIES AND CITIES THAT HAVE PROGRAMS, TO EXPAND THEIR REACH  TO  MEET  THE
 NEED. SUCH PROGRAMS MAY BE ESSENTIAL IN CASES INVOLVING FAMILY VIOLENCE,
 AS  WELL  AS  IN CASES IN WHICH SUPERVISION IS VITAL TO MEET THE SPECIAL
 NEEDS OF THE PARENT AND/OR CHILD.
   2. WITHIN GRANT FUNDS APPROPRIATED BY THE STATE FOR THIS PURPOSE,  THE
 OFFICE  OF CHILDREN AND FAMILY SERVICES, IN CONSULTATION WITH THE OFFICE
 FOR THE PREVENTION OF DOMESTIC VIOLENCE,  SHALL  ESTABLISH  A  STATEWIDE
 SUPERVISED VISITATION INITIATIVE THAT SHALL INCLUDE CULTURALLY SENSITIVE
 SERVICES THAT PROVIDE LANGUAGE ACCESS FOR THOSE WHO NEED IT AND THAT ARE
 AFFORDABLE  FOR  THOSE WITH LIMITED MEANS TO PAY. THE OFFICE OF CHILDREN
 AND FAMILY SERVICES SHALL REQUIRE EACH  COUNTY  AND  NEW  YORK  CITY  TO
 SUBMIT  ANNUAL  ASSESSMENTS OF THE LOCAL NEEDS FOR SUPERVISED VISITATION
 SERVICES, AS WELL AS PLANS  FOR  MEETING  THE  ASSESSED  NEEDS  AND  FOR
 COLLECTING  DATA  REGARDING USAGE AND EFFECTIVENESS OF THE PROGRAMS. THE
 SUBMISSIONS SHALL SPECIFY THE SERVICES TO  BE  PROVIDED,  THE  ESTIMATED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14556-03-4
 A. 10521                            2

 NUMBER  OF CHILDREN AND FAMILIES TO BE SERVED BY THE PROGRAMS, THE ESTI-
 MATED NUMBER OF FEE WAIVERS AND THE ESTIMATED COST OF THE PROGRAMS.  THE
 SUBMISSIONS MAY INCLUDE PLANS TO CONTRACT WITH PRIVATE NON-PROFIT ORGAN-
 IZATIONS FOR SERVICES AND MAY INCLUDE MULTI-COUNTY PROGRAMS IF GEOGRAPH-
 ICALLY ACCESSIBLE FOR FAMILIES UTILIZING THE PROGRAMS. THE PLAN FOR SUCH
 PROGRAMS  SHALL  BE INCLUDED IN THE DISTRICT-WIDE CHILD WELFARE SERVICES
 PLAN PURSUANT TO SECTION FOUR HUNDRED NINE-D OF THIS ARTICLE.
   3. SUCH PROGRAMS SHALL BE MADE AVAILABLE TO COMPLY  WITH  SUPREME  AND
 FAMILY  COURT TEMPORARY ORDERS REQUIRING SUCH SUPERVISION AS A CONDITION
 OF ACCESS TO CHILDREN AND SHALL INCLUDE PROVISIONS FOR  WAIVER  OF  FEES
 FOR  USERS  OF SUCH PROGRAMS WHO CANNOT AFFORD TO PAY. WHERE DIRECTED BY
 THE COURT, THE PROGRAMS SHALL PROVIDE REPORTS TO THE COURT AT THE END OF
 THE VISITATION PERIOD AND AS THE COURT OTHERWISE DIRECTS.
   4. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL  PROMULGATE  REGU-
 LATIONS NECESSARY TO IMPLEMENT THIS SECTION AND SHALL SUBMIT A REPORT TO
 THE  LEGISLATURE  AND GOVERNOR ONE YEAR AFTER THE EFFECTIVE DATE OF THIS
 SECTION AND ANNUALLY THEREAFTER. THE REPORT SHALL PROVIDE DATA REGARDING
 THE PROGRAMS IN EACH COUNTY, SHALL EVALUATE  THE  EFFECTIVENESS  OF  THE
 STATEWIDE  INITIATIVE IN MEETING LOCAL NEEDS AND SHALL INCLUDE RECOMMEN-
 DATIONS FOR ENHANCING THE INITIATIVE.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.