S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5746
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 15, 2023
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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 chemical testing
   for prospective foster care parents
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 378 of the social services law is amended by adding
 a new subdivision 6 to read as follows:
   6.  (A)  NO SUCH LICENSE OR CERTIFICATE SHALL BE AWARDED TO A PROSPEC-
 TIVE FOSTER PARENT PRIOR TO CHEMICAL TESTING, INCLUDING, BUT NOT LIMITED
 TO, DRUG AND ALCOHOL TESTING. NOTWITHSTANDING ANY OTHER PROVISION OF LAW
 TO THE CONTRARY,  AN  APPLICATION  FOR  CERTIFICATION  OR  LICENSURE  OR
 APPROVAL OF A PROSPECTIVE FOSTER PARENT SHALL BE DENIED WHERE SUCH CHEM-
 ICAL  TESTING  REVEALS  A  POSITIVE PRESENCE OF DRUGS OR ALCOHOL IN SUCH
 PROSPECTIVE FOSTER PARENT.
   (B) THE OFFICE OF CHILDREN AND  FAMILY  SERVICES  SHALL  ISSUE  RANDOM
 CHEMICAL  TESTING TO FOSTER PARENTS, INCLUDING, BUT NOT LIMITED TO, DRUG
 TESTING.
   § 2. This act shall take effect immediately.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07435-01-3