Assembly Bill A7323A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7323--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 17, 2023
                                ___________
 
 Introduced by M. of A. HEVESI -- 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 social services law, in relation to collecting data
   regarding alternative living arrangements for children who  are  at  a
   substantial risk of maltreatment
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 412 of the social services law is amended by adding
 a new subdivision 10 to read as follows:
   10. AN "ALTERNATIVE LIVING ARRANGEMENT"  MEANS  AN  AGREED  UPON  OUT-
 OF-HOME-LIVING  ARRANGEMENT  FOR  A CHILD DEVELOPED AS A RESULT OF OR IN
 THE CONTEXT OF: (A) AN INVESTIGATION OF CHILD MALTREATMENT BY THE  CHILD
 PROTECTIVE  SERVICE; (B) A DIFFERENTIAL RESPONSE PROGRAM, INCLUDING, BUT
 NOT LIMITED TO FAMILY ASSESSMENT RESPONSE  AND COLLABORATIVE ASSESSMENT,
 RESPONSE, ENGAGEMENT & SUPPORT; (C) A REQUEST FOR RESPITE SERVICES;  (D)
 A  REQUEST  FOR VOLUNTARY FOSTER CARE PLACEMENT; OR (E) AN INVESTIGATION
 REGARDING ALLEGATIONS THAT A CHILD MIGHT BE DESTITUTE.
   § 2. Subdivision 2 of section 424 of the social services law, as added
 by chapter 1039 of the laws of 1973, is amended to read as follows:
   2. maintain and keep up-to-date a local child abuse  and  maltreatment
 register  of all cases reported under this title together with any addi-
 tional information obtained and a record of the final disposition of the
 report, including services offered  and  accepted  AND  ANY  ALTERNATIVE
 LIVING ARRANGEMENT MADE FOR THE CARE OF ANY CHILD;
   §  3. The social services law is amended by adding a new section 424-c
 to read as follows:
   § 424-C.  ALTERNATIVE LIVING ARRANGEMENTS. 1.(A)  THE OFFICE OF  CHIL-
 DREN  AND  FAMILY  SERVICES  SHALL  COLLECT THE FOLLOWING DATA REGARDING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11174-02-4
              

 A. 7323--A                          2
 
 ALTERNATIVE LIVING ARRANGEMENTS AND COMPILE AN  ANNUAL  REPORT  FOR  THE
 PRECEDING  CALENDAR  YEAR ON SUCH DATA WITH RESPECT TO EACH LOCAL SOCIAL
 SERVICES DISTRICT:
   (I) TOTAL NUMBER OF ALTERNATIVE LIVING ARRANGEMENT AGREEMENTS MADE;
   (II)  TOTAL  NUMBER  OF  CHILDREN  WHO WERE THE SUBJECT OF ALTERNATIVE
 LIVING ARRANGEMENT AGREEMENTS;
   (III) TOTAL NUMBER OF CHILDREN IN AN ALTERNATIVE LIVING ARRANGEMENT AT
 THE END OF THE CALENDAR YEAR, AND, FOR SUCH CHILDREN, AN  INDICATION  OF
 THE  AVERAGE  NUMBER  OF  DAYS  THEY  HAVE BEEN IN AN ALTERNATIVE LIVING
 ARRANGEMENT;
   (IV) TOTAL NUMBER OF CHILDREN FOR WHOM AN ALTERNATIVE LIVING  ARRANGE-
 MENT  ENDED  DURING CALENDAR YEAR, AND, FOR SUCH CHILDREN, AN INDICATION
 OF THE AVERAGE NUMBER OF  DAYS  THEY  SPENT  IN  AN  ALTERNATIVE  LIVING
 ARRANGEMENT;
   (V)  TOTAL  NUMBER  OF  ALTERNATIVE LIVING ARRANGEMENTS MADE DURING AN
 INVESTIGATION OF CHILD ABUSE OR MALTREATMENT PURSUANT TO ARTICLE TEN  OF
 THE  FAMILY  COURT  ACT  AND  THE NUMBER OF THOSE ALLEGATIONS WHICH WERE
 ULTIMATELY  INDICATED,  AND  THE  TOTAL  NUMBER  OF  ALTERNATIVE  LIVING
 ARRANGEMENTS MADE AFTER AN INDICATION;
   (VI) NUMBER OF CHILDREN PLACED WITH A RELATIVE OR OTHER SUITABLE ADULT
 IDENTIFIED  BY  THE  PARENT  OR  CHILD PURSUANT TO AN ALTERNATIVE LIVING
 ARRANGEMENT AGREEMENT;
   (VII) NUMBER OF CHILDREN PLACED IN RESPITE CARE  PURSUANT  TO  SECTION
 FOUR HUNDRED NINE-A OF THIS ARTICLE;
   (VIII)  NUMBER  OF  CHILDREN  PLACED  IN HOST FAMILY HOMES PURSUANT TO
 REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY SERVICES;
   (IX) TOTAL NUMBER OF CHILDREN WHO WERE RETURNED HOME FROM AN  ALTERNA-
 TIVE LIVING ARRANGEMENT AGREEMENT;
   (X)  TOTAL NUMBER OF CHILDREN REMOVED PURSUANT TO SECTION ONE THOUSAND
 TWENTY-ONE OF THE FAMILY COURT ACT;
   (XI) TOTAL NUMBER OF CHILDREN REMOVED PURSUANT TO SECTION ONE THOUSAND
 TWENTY-FOUR OF THE FAMILY COURT ACT REGARDING  WHOM  NO  PROCEEDING  WAS
 INITIATED  UNDER  ARTICLE  TEN OF THE FAMILY COURT ACT WITHIN ONE DAY OF
 THE REMOVAL;
   (XII) TOTAL NUMBER OF CHILDREN WHO WERE THE SUBJECT  OF  A  PROCEEDING
 PURSUANT TO ARTICLE TEN OF THE FAMILY COURT ACT FOLLOWING REMOVAL PURSU-
 ANT TO AN ALTERNATIVE LIVING ARRANGEMENT AGREEMENT;
   (XIII)  TOTAL  NUMBER  OF CHILDREN WHO WERE THE SUBJECT OF A VOLUNTARY
 PLACEMENT AGREEMENT PURSUANT TO SECTION THREE HUNDRED  EIGHTY-FOUR-A  OF
 THIS  ARTICLE  FOLLOWING  REMOVAL  PURSUANT  TO  AN  ALTERNATIVE  LIVING
 ARRANGEMENT AGREEMENT;
   (XIV) TOTAL NUMBER OF CHILDREN WHO WERE THE  SUBJECT  OF  A  DESTITUTE
 CHILD PETITION PURSUANT TO ARTICLE TEN-C OF THE FAMILY COURT ACT FOLLOW-
 ING REMOVAL PURSUANT TO AN ALTERNATIVE LIVING ARRANGEMENT AGREEMENT;
   (XV)  TOTAL  NUMBER  OF  CHILDREN  WHO  WERE  THE SUBJECT OF A CUSTODY
 PROCEEDING PURSUANT TO ARTICLE SIX OF THE  FAMILY  COURT  ACT  FOLLOWING
 REMOVAL PURSUANT TO AN ALTERNATIVE LIVING ARRANGEMENT;
   (XVI)  A DESCRIPTIVE LIST OF PREVENTIVE SERVICES AND THEIR UTILIZATION
 RATES, IF PRACTICABLE, THAT WERE PROVIDED TO PARENTS, CHILDREN AND RELA-
 TIVES OR SUITABLE PERSONS WHO WERE THE SUBJECT OF AN ALTERNATIVE  LIVING
 ARRANGEMENT AGREEMENT IN EACH LOCAL SOCIAL SERVICES DISTRICT; AND
   (XVII)  ANY  OTHER  INFORMATION THE COMMISSIONER MAY DEEM NECESSARY TO
 INCLUDE.
   (B) IF PRACTICABLE, SUCH INFORMATION SHALL BE  DISAGGREGATED  BY  AGE,
 SEX,  RACE,  ETHNICITY,  AND  ALLEGATION  TYPE.  FOR  EACH  LOCAL SOCIAL
 A. 7323--A                          3
 
 SERVICES DISTRICT WITH  A  POPULATION  OF  OVER  FIVE  HUNDRED  THOUSAND
 PEOPLE, SUCH INFORMATION SHALL BE DISAGGREGATED BY ZIP CODE.
   2. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL PUBLISH THE REPORT
 ON ITS WEBSITE NO LATER THAN NINETY DAYS FOLLOWING THE END OF THE CALEN-
 DAR  YEAR  AND  SUBMIT  SUCH  REPORT TO THE GOVERNOR, THE SPEAKER OF THE
 ASSEMBLY, THE TEMPORARY PRESIDENT OF THE  SENATE,  THE  CHAIRPERSON  AND
 RANKING  MEMBER OF THE ASSEMBLY CHILDREN AND FAMILIES COMMITTEE, AND THE
 CHAIRPERSON AND RANKING MEMBER  OF  THE  SENATE  CHILDREN  AND  FAMILIES
 COMMITTEE,  AND  THE CHAIRPERSON AND RANKING MEMBER OF THE ASSEMBLY WAYS
 AND MEANS COMMITTEE, AND THE  CHAIRPERSON  AND  RANKING  MEMBER  OF  THE
 SENATE  FINANCE COMMITTEE,   BY NO LATER THAN SEPTEMBER FIRST, TWO THOU-
 SAND TWENTY-FIVE AND ANNUALLY THEREAFTER.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such date.