S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7452--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 26, 2023
                                ___________
 
 Introduced by Sen. PERSAUD -- (at request of the Council on Children and
   Families)  --  read  twice and ordered printed, and when printed to be
   committed to the Committee on Children and Families -- recommitted  to
   the  Committee on Children and Families in accordance with Senate Rule
   6, sec. 8 -- committee discharged, bill amended, ordered reprinted  as
   amended and recommitted to said committee
 
 AN  ACT  to amend the social services law, in relation to the establish-
   ment and powers and duties of the council on children and families
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 483 of the social services law, as added by section
 2 of part F2 of chapter 62 of the laws of 2003, subdivision 1 as amended
 by chapter 672 of the laws of 2019, is amended to read as follows:
   §  483.  Council on children and families[; chair]. 1. PURPOSE.  THERE
 SHALL BE A COUNCIL ON CHILDREN AND FAMILIES, HEREINAFTER REFERRED TO  IN
 THIS ARTICLE AS THE "COUNCIL". THE COUNCIL SHALL ACT AS A NEUTRAL, COOR-
 DINATING  AGENCY  TO  PROMOTE THE WELL-BEING OF CHILDREN AND FAMILIES BY
 CONVENING THE STATE'S HUMAN SERVICES, HEALTH, AND EDUCATION AGENCIES  TO
 DEVELOP ALIGNED AND COMPREHENSIVE APPROACHES TO SERVE CHILDREN AND FAMI-
 LIES MOST EFFICIENTLY AND EFFECTIVELY.
   2.  COUNCIL  ESTABLISHMENT.  There  shall be a council on children and
 families established within the [office of children and family  services
 consisting  of]  EXECUTIVE  DEPARTMENT.  THE  COUNCIL  SHALL CONVENE the
 following [members] STATE AGENCY LEADERS: the  [state]  commissioner  of
 children and family services, the commissioner of temporary and disabil-
 ity  assistance, the commissioner of mental health, the commissioner [of
 the office] for people with developmental disabilities, the commissioner
 [of the office] of [alcoholism and substance abuse  services]  ADDICTION
 SERVICES  AND  SUPPORTS, the commissioner of education, [the director of
 the office of probation and correctional alternatives,] the commissioner
 of  health,  the  commissioner  of  the  division  of  criminal  justice
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05877-05-4
              

 S. 7452--A                          2
 
 services,  the  [state advocate for persons with disabilities] EXECUTIVE
 DIRECTOR OF THE JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL
 NEEDS, the director of [the office for the] aging, the  commissioner  of
 labor,  and  the  [chair  of  the  commission on quality of care for the
 mentally disabled]  EXECUTIVE DIRECTOR OF THE COUNCIL  ON  DEVELOPMENTAL
 DISABILITIES.
   3. DEFINITIONS. AS USED IN THIS ARTICLE:
   (A) "COUNCIL" SHALL REFER TO THE COUNCIL ON CHILDREN AND FAMILIES.
   (B)  "EXECUTIVE DIRECTOR" SHALL REFER TO THE EXECUTIVE DIRECTOR OF THE
 COUNCIL.
   (C) "MEMBER AGENCY" SHALL REFER TO THE STATE AGENCIES CONVENED BY  THE
 COUNCIL IDENTIFIED IN SUBDIVISION TWO OF THIS SECTION.
   4.  EXECUTIVE DIRECTOR; STAFFING. (A) The governor shall designate the
 [chair] EXECUTIVE DIRECTOR of the council [and the chief executive offi-
 cer (CEO)].
   [2.] (B) The [chair of the council in consultation  with  the  commis-
 sioner  of the office of children and family services,] EXECUTIVE DIREC-
 TOR shall [designate staff  from  the  office  of  children  and  family
 services] EMPLOY PERSONNEL to [work full time in carrying] CARRY out the
 functions of the council.
   [3.]  5.  MEETINGS.  The council [may conduct its meetings and, by and
 through the chair,] SHALL MEET AS OFTEN  AS  DEEMED  NECESSARY,  BY  THE
 EXECUTIVE  DIRECTOR  OR  THE  LEADER OF A MEMBER AGENCY, BUT IN NO EVENT
 LESS THAN ANNUALLY TO perform its powers and duties notwithstanding  the
 absence  of  a quorum[; provided, however that no action may be taken by
 the council without the concurrence of the chair].
   § 2. Section 483-a of the social services law, as added by  section  2
 of  part  F2  of  chapter  62 of the laws of 2003, is amended to read as
 follows:
   § 483-a. Utilization of other agency  assistance.  To  effectuate  the
 purposes  of  this  article,  any  department,  division, board, bureau,
 commission or agency of the state or of any political subdivision there-
 of shall, at the request of the [chair] EXECUTIVE DIRECTOR,  provide  to
 the  council  such  facilities,  assistance  and data as will enable the
 council TO properly [to] carry out its powers and duties [and  those  of
 the chair].
   §  3.  Section 483-b of the social services law, as added by section 2
 of part F2 of chapter 62 of the laws of 2003,  is  amended  to  read  as
 follows:
   § 483-b. Powers and duties of council. 1. DEFINITIONS. As used in this
 section,   the  terms  "care",  "services",  "programs",  and  "services
 programs"  shall  mean  and  include  care,  maintenance,  services  and
 programs  provided  to  children  of  the state and their families by or
 under the jurisdiction of a member agency.  [The  term  "member  agency"
 shall mean an agency headed by a member of the council.]
   2. GENERAL POWERS. The council shall have the following powers:
   (a)  to  identify  problems  and  deficiencies in residential care and
 community-based services programs and, on a selective basis, to plan and
 make recommendations to the governor for the remedy of such problems and
 deficiencies and for the development of programs of  care  and  services
 for children and their families;
   (b)  to  make  recommendations  to improve coordination of program and
 fiscal resources of state-local, public-voluntary care and  services  to
 children and their families;
   (c)  to  coordinate program and management research of member agencies
 for the purpose of monitoring, evaluating or redirecting  existing  care
 S. 7452--A                          3
 
 and  services programs or developing new programs, and to conduct, spon-
 sor, or direct member agencies  to  undertake  such  research  or  other
 activities;
   (d)  to  review  and resolve differences, if any, concerning rules and
 regulations of each member agency insofar as such rules and  regulations
 impact on services programs provided by other member agencies;
   (e) to promulgate, amend and rescind rules and regulations relating to
 the administration and performance of the powers and duties of the coun-
 cil pursuant to this article;
   (f)  to  review  significant  state and locally operated and supported
 care and services, plans and proposals for new services for children and
 families to determine whether such services  are  planned,  created  and
 delivered in a coordinated, effective and comprehensive manner;
   (g)  to perform all other things necessary and convenient to carry out
 the functions, powers and duties of the council and  to  effectuate  the
 purposes of this article; and
   (h)  to accept and expend any grants, awards, or other funds or appro-
 priations as may be available to the council to effectuate the  purposes
 of this article, subject to the approval of the director of the budget.
   3.  [The  council  shall review the budget requests of member agencies
 insofar as such budgets jointly affect services  programs  for  children
 and  their  families and shall make comments and recommendations thereon
 to the relevant member agencies and the governor.
   4.] INTERAGENCY RESOLUTION  POWERS.  (a)  The  council  shall  CONVENE
 MEMBER AGENCIES TO meet on a regular basis to [implement the purposes of
 this  article  and  to]  discuss and resolve disputes, including but not
 limited to disputes between member agencies,  relating  to  their  func-
 tions,  powers  and  duties over the provision of services to particular
 children and their families or to categories of children  or  child  and
 family  problems  when  all  the  internal  statutory and administrative
 grievance or appeal procedures applicable to a member agency have failed
 to finally resolve such dispute. [The council shall direct  each  member
 agency to establish and maintain such grievance or appeal procedures.]
   (b) The council shall direct member agencies to provide an evaluation,
 including a diagnostic study, of a particular child and his or her fami-
 ly  when  there  is a dispute as to the appropriate agency or program in
 which the child should be placed or from which the child and his or  her
 family  should  receive services, and, following such study, the council
 shall order placement of a child with a member agency, or with a  social
 services  official,  or  order a member agency to provide or require the
 provision of services to the child and his or her  family  in  a  manner
 consistent  with  the  legal  authority  of  the member agency or social
 services official, as applicable.
   (c) The council shall  direct  member  agencies  to  take  appropriate
 direct  action  or to exercise their supervisory powers over local offi-
 cials and agencies, in the resolution of such disputes.
   (d) The duty of the council to resolve disputes  involving  particular
 children  may be performed on a selective basis within the discretion of
 the council. Exercise of jurisdiction over such disputes by the  council
 or  appeals to the council therefor shall not be required as a condition
 precedent to the initiation of a proceeding pursuant to  article  seven-
 ty-eight of the civil practice law and rules.
   (e) A dispute relative to which member agency shall have the responsi-
 bility  for  determining  and  recommending  adult  services pursuant to
 sections 7.37 and 13.37 of the mental hygiene law, section three hundred
 ninety-eight-c of the social services law, or subdivision ten of section
 S. 7452--A                          4
 
 forty-four hundred three of the  education  law  shall  be  resolved  in
 accordance with this subdivision.
   [5.]  4. SUBMISSION OF INFORMATION TO THE COUNCIL. (a) Notwithstanding
 any other provision of state  law  to  the  contrary,  the  council  may
 request any member agency to submit to the council and such member agen-
 cy shall submit, to the extent permitted by federal law, all information
 in the form and manner and at such times as the council may require that
 it is appropriate to the purposes and operation of the council.
   (b)  The council shall protect the confidentiality of individual iden-
 tifying information submitted to or provided by the council, and prevent
 access thereto, by, or the distribution thereof to, persons not  author-
 ized by law.
   § 4. This act shall take effect immediately.