Assembly Bill A6351

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6351
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 5, 2023
                                ___________
 
 Introduced  by M. of A. CLARK -- read once and referred to the Committee
   on Children and Families
 
 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.
   § 996-A. DEFINITIONS.  AS USED IN THIS ARTICLE:
   1. "COMMISSIONER" MEANS THE COMMISSIONER OF THE OFFICE OF CHILDREN AND
 FAMILY SERVICES.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07653-01-3
              

 A. 6351                             2
 
   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;
   (G) RECOMMEND  POLICIES,  REGULATIONS,  AND  LEGISLATION  DESIGNED  TO
 PROMOTE  AND  IMPROVE CHILD WELFARE PRACTICES, INCLUDING BUT NOT LIMITED
 A. 6351                             3
 
 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
 INDEPENDENT REVIEW BOARD DESCRIBED IN SECTION NINE HUNDRED  NINETY-SIX-H
 OF THIS ARTICLE FOR THE IMPROVEMENT OF SUCH PROCEDURES.
 A. 6351                             4
 
   §  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-FIVE, 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.
   2. BOARD MEMBERS SHALL SERVE FOR TERMS OF THREE YEARS.  BOARD  MEMBERS
 SHALL  BE  REIMBURSED  BY  THE OFFICE FOR ACTUAL AND REASONABLE EXPENSES
 A. 6351                             5
 
 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, 2025.