S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7603--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 1, 2025
                                ___________
 
 Introduced  by  M. of A. HEVESI, SIMONE -- read once and referred to the
   Committee on Children  and  Families  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the social services law and the state  finance  law,  in
   relation  to  providing  additional  support  to children with complex
   needs under the jurisdiction of the state
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  483-b  of the social services law, as amended by
 chapter 235 of the laws of 2024, 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, AND THE TERM "BOARDING" SHALL
 MEAN  REMAINING IN A HOSPITAL SETTING AFTER HAVING BEEN DETERMINED TO NO
 LONGER NEED A HOSPITAL LEVEL OF CARE, AND AWAITING DISCHARGE.
   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
 and services programs or developing new programs, and to conduct,  spon-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11182-02-5
 A. 7603--A                          2
              

 
 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 FUNDS APPROPRIATED PURSUANT TO SECTION NINE-
 TY-NINE-SS OF THE STATE FINANCE LAW any grants, awards, or  other  funds
 or  appropriations  as may be available to the council to effectuate the
 purposes of this article, subject to the approval of the director of the
 budget; AND
   (I) TO ESTABLISH AND MAINTAIN A CONFIDENTIAL  ONLINE  DATA  PORTAL  TO
 HELP  FACILITATE  THE  COORDINATION  OF  RESIDENTIAL AND NON-RESIDENTIAL
 SERVICES TO CHILDREN AND ADOLESCENTS WITHIN  THE  COUNCIL'S  INTERAGENCY
 RESOLUTION POWERS.
   3. Interagency resolution powers. (a) The council shall convene member
 agencies  to  meet  [on  a  regular  basis] AS NEEDED AND IN RESPONSE TO
 REQUESTS FOR  ASSISTANCE  THAT  ARE  RECEIVED  to  discuss  and  resolve
 disputes, including but not limited to disputes between member agencies,
 relating  to  their  functions,  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.
   (b) The council shall direct member agencies to provide an evaluation,
 including a diagnostic study, of a particular child  and  [his  or  her]
 SUCH CHILD'S family 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] SUCH CHILD'S  family  should  receive  services[,  and,
 following].  SUCH  EVALUATION  AND  DIAGNOSTIC  STUDY SHALL BE COMPLETED
 WITHIN SEVENTY-TWO HOURS OF THE INTERAGENCY RESOLUTION UNIT RECEIVING  A
 REQUEST  FOR ASSISTANCE. FOLLOWING such EVALUATION AND DIAGNOSTIC study,
 the council, WITHIN FIVE BUSINESS DAYS, shall [order] EFFECTUATE  place-
 ment  of OR PROVIDE SERVICES FOR 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]  SUCH  CHILD'S
 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]  SHALL  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 seventy-eight of the civil practice law and rules.
 A. 7603--A                          3
 
   (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
 forty-four  hundred  three  of  the  education  law shall be resolved in
 accordance with this subdivision.
   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 agency  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.
   5.  DATA  COLLECTION  AND  ONLINE  DATA  PORTAL. (A) THE COUNCIL SHALL
 COLLECT DATA REGARDING:
   (I) THE TOTAL NUMBER OF CHILDREN AND  ADOLESCENTS  WHO  ARE  BOARDING,
 INCLUDING A BREAKDOWN BY GEOGRAPHIC LOCATION AND WHETHER THEY ARE IN THE
 CARE  OR CUSTODY OF A STATE AGENCY OR LOCAL DISTRICT OF SOCIAL SERVICES;
 AND
   (II) THE TOTAL NUMBER OF CHILDREN AND ADOLESCENTS WHO ARE IN THE  CARE
 OR  CUSTODY  OF A STATE AGENCY OR LOCAL SOCIAL SERVICES DISTRICT AND ARE
 AWAITING APPROPRIATE RESIDENTIAL PROGRAMS OR SERVICES.
   (B) THE COUNCIL SHALL ALSO COLLECT THE FOLLOWING  DATA  REGARDING  THE
 INDIVIDUALS INCLUDED IN PARAGRAPH (A) OF THIS SUBDIVISION:
   (I)  THE  AVERAGE  WAIT  TIME FOR DISCHARGE TO AN APPROPRIATE LEVEL OF
 CARE OR PLACEMENT;
   (II) THE LEVEL OF CARE REQUIRED;
   (III) THE PRIMARY BEHAVIORAL HEALTH DIAGNOSIS AND ANY RELEVANT CO-MOR-
 BIDITIES;
   (IV) THE PRIMARY REASON FOR BOARDING, AND/OR AWAITING  AN  APPROPRIATE
 RESIDENTIAL PROGRAM OR SERVICE;
   (V) WHETHER THE CHILDREN AND ADOLESCENTS ARE IN THE CARE OR CUSTODY OF
 THE  OFFICE OF CHILDREN AND FAMILY SERVICES; IN THE CARE OR CUSTODY OF A
 LOCAL SOCIAL SERVICES DISTRICT; AND/OR ARE ELIGIBLE FOR  SERVICES  UNDER
 THE  OFFICE  OF  MENTAL HEALTH, THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL
 DISABILITIES, OR THE STATE OR LOCAL DEPARTMENT OF EDUCATION;
   (VI) IF THE CHILDREN AND ADOLESCENTS ARE ELIGIBLE  FOR  SERVICES  FROM
 THE  OFFICE  FOR  PEOPLE  WITH DEVELOPMENTAL DISABILITIES, THE DATE THAT
 THEY BECAME ELIGIBLE AND THE DATE ON WHICH THEY APPLIED FOR SERVICES;
   (VII) INFORMATION REGARDING THE CHILDREN  AND  ADOLESCENTS'  INSURANCE
 COVERAGE; AND
   (VIII)  DEMOGRAPHIC  DATA,  INCLUDING AGES, RACE, ETHNICITY, PREFERRED
 SPOKEN LANGUAGES, AND GENDER.
   (C) THE COUNCIL SHALL ESTABLISH AND  MAINTAIN  A  CONFIDENTIAL  ONLINE
 DATA  PORTAL TO HELP STATE AGENCIES, LOCAL AGENCIES, VOLUNTARY AGENCIES,
 AND PAYORS FACILITATE THE COORDINATION OF RESIDENTIAL  AND  NON-RESIDEN-
 TIAL  SERVICES  TO CHILDREN AND ADOLESCENTS WITHIN THE COUNCIL'S INTERA-
 GENCY RESOLUTION POWERS. THE PORTAL SHALL  ONLY  BE  ACCESSIBLE  BY  THE
 COUNCIL AND ITS MEMBERS, LOCAL AGENCIES, VOLUNTARY AGENCIES, AND PAYORS.
   (D)  THE  PORTAL  SHALL  INCLUDE  INFORMATION  REGARDING  CHILDREN AND
 ADOLESCENTS WHO ARE BOARDING OR WHO ARE IN THE CARE  AND  CUSTODY  OF  A
 STATE AGENCY OR LOCAL SOCIAL SERVICES DISTRICT AND ARE AWAITING:
   (I) DISCHARGE TO AN APPROPRIATE RESIDENTIAL PROGRAM OR SERVICE; OR
 A. 7603--A                          4
 
   (II) COMMUNITY-BASED SERVICES.
   (E)  THE  PORTAL  SHALL  BE REGULARLY UPDATED TO INCLUDE THE FOLLOWING
 INFORMATION ON THE AVAILABILITY OF BEDS  IN  STATE-LICENSED  RESIDENTIAL
 THERAPEUTIC  PROGRAMS, INCLUDING RESIDENTIAL TREATMENT FACILITIES, RESI-
 DENTIAL TREATMENT CENTERS, INPATIENT PSYCHIATRIC UNITS, AND  RESIDENTIAL
 PROGRAMS  OPERATED  OR  LICENSED  BY THE OFFICE FOR PEOPLE WITH DEVELOP-
 MENTAL DISABILITIES:
   (I) THE TOTAL NUMBER OF BEDS IN THESE PROGRAMS;
   (II) THE TOTAL NUMBER OF AVAILABLE  BEDS,  BROKEN  DOWN  BY  LOCATION,
 LICENSING  AUTHORITY,  AGE  RANGE, AND ANY SPECIALIZATIONS OR ADDITIONAL
 ADMISSIONS CRITERIA;
   (III) AVERAGE DAILY BED AVAILABILITY, BROKEN DOWN BY LICENSING AUTHOR-
 ITY AND AGE RANGE; AND
   (IV) THE AVERAGE LENGTH OF STAY, BROKEN DOWN BY  LICENSING  AUTHORITY,
 AGE RANGE, AND ANY SPECIALIZATION.
   6.  REPORTING.  (A)  EVERY SIX MONTHS, THE COUNCIL SHALL REPORT ON THE
 DATA COLLECTED UNDER SUBDIVISION FIVE OF THIS SECTION, AND THE STATUS OF
 CHILDREN AND ADOLESCENTS WHO ARE BOARDING, AWAITING RESIDENTIAL DISPOSI-
 TION OR IN THE CARE OR  CUSTODY  OF  A  STATE  AGENCY  OR  LOCAL  SOCIAL
 SERVICES  DISTRICT  AND AWAITING DISCHARGE TO AN APPROPRIATE RESIDENTIAL
 PROGRAM OR SERVICE. SUCH REPORT SHALL BE DELIVERED TO THE  GOVERNOR  AND
 THE  LEGISLATURE AND SHALL BE POSTED IN A CONSPICUOUS PLACE ON THE COUN-
 CIL'S WEBPAGE.
   (B) ON AN ANNUAL BASIS, THE COUNCIL SHALL PUBLISH A REPORT THAT SUMMA-
 RIZES THE CASES REVIEWED BY THE INTERAGENCY RESOLUTION  UNIT,  INCLUDING
 THE LENGTH OF TIME IN REVIEW AND THE FINAL RESOLUTION. SUCH REPORT SHALL
 BE  DELIVERED TO THE GOVERNOR AND THE LEGISLATURE AND SHALL BE POSTED IN
 A CONSPICUOUS PLACE ON THE COUNCIL'S WEBPAGE.
   § 2. Subdivision 7 of section 483-d of the  social  services  law,  as
 added by chapter 392 of the laws of 2005, is amended to read as follows:
   7.  Additional  review  and  recommendations; report. The out-of-state
 placement committee may develop additional recommendations  regarding  a
 common  system concerning placement of children in out-of-state programs
 and facilities, with the purpose  of  averting  insofar  as  practicable
 future  placement  of children in such out-of-state programs and facili-
 ties, of returning children from such out-of-state programs and  facili-
 ties,  of building or rebuilding the infrastructure of in-state programs
 and facilities so that it shall be capable of serving the needs of  such
 children,  of redesigning the system to eliminate barriers and institute
 flexibility in funding services so that children may be provided for  in
 the  most  appropriate and least restrictive environments, including the
 child's home, of enabling public funding for such services to follow the
 child, and of requiring appropriate levels of accountability  concerning
 the placement of children at all levels of public decision-making.
   The  committee  shall provide an annual progress report concerning the
 development of the items and policies  described  in  this  section  and
 progress on their implementation, along with such recommendations as the
 committee  shall  deem  appropriate  and  in keeping with the spirit and
 intent of this section. Such report shall be submitted to  the  governor
 and  the  legislature no later than thirty days following the submission
 of the executive budget. SUCH REPORT SHALL BE POSTED  IN  A  CONSPICUOUS
 PLACE ON THE COUNCIL'S WEBPAGE.
   §  3.  Paragraphs (c) and (d) of subdivision 3 of section 99-ss of the
 state finance law, as amended by section 2 of part F of  chapter  57  of
 the  laws  of 2025, are amended and a new paragraph (e) is added to read
 as follows:
 A. 7603--A                          5
 
   (c) reimbursement to the general fund for expenditures incurred in the
 medical assistance program, including, but not limited to, reimbursement
 pursuant to a savings allocation plan  established  in  accordance  with
 section  ninety-two  of  part H of chapter fifty-nine of the laws of two
 thousand eleven, as amended; [and]
   (d)  transfer  to  the  capital  projects  fund,  or any other capital
 projects fund of the state  to  support  the  delivery  of  health  care
 services[.]; AND
   (E)  TRANSFER  TWENTY-FIVE  MILLION DOLLARS TO THE COUNCIL ON CHILDREN
 AND FAMILIES TO CARRY OUT THE MANDATES OF SECTION FOUR  HUNDRED  EIGHTY-
 THREE-B OF THE SOCIAL SERVICES LAW, INCLUDING BUT NOT LIMITED TO, ESTAB-
 LISHMENT  AND  MAINTENANCE OF AN ONLINE DATA PORTAL, HIRING OF STAFF FOR
 THE INTERAGENCY DISPUTE RESOLUTION UNIT, ENHANCING ACCESS TO  DIAGNOSTIC
 AND EVALUATION SERVICES RELATED TO REQUESTS FOR ASSISTANCE, MULTI-SYSTEM
 CARE  COORDINATION,  AND PROVIDING FOR THE COST OF SERVICES AND/OR RESI-
 DENTIAL CARE FOR A CHILD DURING A PERIOD OF TIME WHILE DISPUTES OVER THE
 PARTY FINANCIALLY RESPONSIBLE FOR SUCH CARE ARE BEING DETERMINED.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that subdivisions 5 and 6
 of section 483-b of the social services law as added by section  one  of
 this act shall take effect January 1, 2026.