Senate Bill S3938

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3938--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2025
                                ___________
 
 Introduced  by  Sens. HOYLMAN-SIGAL, BRISPORT, ROLISON -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Children  and  Families  -- reported favorably from said committee and
   committed to the Committee on Finance --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the social services law, in relation to  the  establish-
   ment  of  a statewide supervised visitation initiative to support safe
   and structured parenting time
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The social services law is amended by adding a new section
 398-f to read as follows:
   § 398-F. SUPERVISED VISITATION TO SUPPORT SAFE AND STRUCTURED  PARENT-
 ING  TIME.    1.  THE LEGISLATURE FINDS AND DECLARES THAT PROFESSIONALLY
 SUPERVISED VISITATION PROGRAMS ARE OFTEN  NECESSARY  IN  ORDER  TO  KEEP
 FAMILIES SAFE, TO FOSTER HEALTHY FAMILY RELATIONSHIPS AND TO FURTHER THE
 BEST  INTERESTS  OF  CHILDREN  IN  FAMILY OFFENSE, CHILD PROTECTIVE, AND
 CUSTODY AND VISITATION PROCEEDINGS IN SUPREME AND FAMILY COURTS.  RECOG-
 NIZING  THAT  A  LARGE  NUMBER OF COUNTIES HAVE NO SUPERVISED VISITATION
 PROGRAMS AT ALL AND, OF THOSE THAT HAVE  SUCH  PROGRAMS,  THE  NEED  FAR
 EXCEEDS  THE  AVAILABILITY  OF  THE  PROGRAMS,  IT IS THE INTENT OF THIS
 SECTION TO PROVIDE STATE SUPPORT FOR THE ESTABLISHMENT OF AT  LEAST  ONE
 PROGRAM  IN  EVERY COUNTY THAT DOES NOT HAVE ONE AND, FOR THOSE COUNTIES
 AND CITIES THAT HAVE PROGRAMS, TO EXPAND THEIR REACH TO MEET  THE  NEED.
 SUCH  PROGRAMS  MAY  BE  ESSENTIAL  IN  CASES INVOLVING FAMILY VIOLENCE,
 MENTAL HEALTH, OR OTHER CASES IN WHICH SUPERVISION IS VITAL TO MEET  THE
 NEEDS OF THE PARENT AND/OR CHILD.
   2.  WITHIN GRANT FUNDS APPROPRIATED BY THE STATE FOR THIS PURPOSE, THE
 OFFICE OF VICTIM SERVICES, IN  CONSULTATION  WITH  THE  OFFICE  FOR  THE
 PREVENTION  OF DOMESTIC VIOLENCE, SHALL ESTABLISH A STATEWIDE SUPERVISED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00032-03-5
              

 S. 3938--A                          2
 
 VISITATION INITIATIVE TO SUPPORT SAFE  AND  STRUCTURED  PARENTING  TIME,
 THAT  SHALL  INCLUDE CULTURALLY SENSITIVE SERVICES THAT PROVIDE LANGUAGE
 ACCESS FOR THOSE WHO NEED IT AND THAT  ARE  AFFORDABLE  FOR  THOSE  WITH
 LIMITED  MEANS  TO PAY. THE OFFICE OF VICTIM SERVICES SHALL REQUIRE EACH
 COUNTY AND NEW YORK CITY TO SUBMIT ANNUAL ASSESSMENTS OF THE LOCAL NEEDS
 FOR SUPERVISED VISITATION SERVICES, AS WELL AS  PLANS  FOR  MEETING  THE
 ASSESSED NEEDS AND FOR COLLECTING DATA REGARDING USAGE AND EFFECTIVENESS
 OF  THE  PROGRAMS.  THE  SUBMISSIONS  SHALL  SPECIFY  THE SERVICES TO BE
 PROVIDED, THE ESTIMATED NUMBER OF CHILDREN AND FAMILIES TO BE SERVED  BY
 THE PROGRAMS, THE ESTIMATED NUMBER OF FEE WAIVERS AND THE ESTIMATED COST
 OF  THE  PROGRAMS.  THE  SUBMISSIONS  MAY INCLUDE PLANS TO CONTRACT WITH
 PRIVATE NON-PROFIT ORGANIZATIONS FOR SERVICES  AND  MAY  INCLUDE  MULTI-
 COUNTY  PROGRAMS IF GEOGRAPHICALLY ACCESSIBLE FOR FAMILIES UTILIZING THE
 PROGRAMS. THE PLAN FOR SUCH PROGRAMS SHALL BE INCLUDED IN THE  DISTRICT-
 WIDE CHILD WELFARE SERVICES PLAN PURSUANT TO SECTION FOUR HUNDRED NINE-D
 OF THIS ARTICLE.
   3.  SUCH  PROGRAMS  SHALL BE MADE AVAILABLE TO COMPLY WITH SUPREME AND
 FAMILY COURT TEMPORARY AND FINAL ORDERS REQUIRING SUCH SUPERVISION AS  A
 CONDITION  OF ACCESS TO CHILDREN AND SHALL INCLUDE PROVISIONS FOR WAIVER
 OF FEES FOR USERS OF SUCH PROGRAMS  WHO  CANNOT  AFFORD  TO  PAY.  WHERE
 DIRECTED  BY  THE COURT, THE PROGRAMS SHALL PROVIDE REPORTS TO THE COURT
 AT THE END OF THE VISITATION PERIOD AND AS THE COURT OTHERWISE DIRECTS.
   4. THE OFFICE OF VICTIM SERVICES SHALL PROMULGATE  REGULATIONS  NECES-
 SARY TO IMPLEMENT THIS SECTION AND SHALL SUBMIT A REPORT TO THE LEGISLA-
 TURE  AND GOVERNOR ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION AND
 ANNUALLY  THEREAFTER.  THE  REPORT  SHALL  PROVIDE  DATA  REGARDING  THE
 PROGRAMS  IN EACH COUNTY, SHALL EVALUATE THE EFFECTIVENESS OF THE STATE-
 WIDE INITIATIVE IN MEETING LOCAL NEEDS AND SHALL INCLUDE RECOMMENDATIONS
 FOR ENHANCING THE INITIATIVE.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.