Senate Bill S7978A

2025-2026 Legislative Session

Provides additional support to children with complex needs under the jurisdiction of the state

download bill text pdf

Current Bill Status - In Senate Committee Children And Families Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 27, 2026	print number 7978a
Apr 27, 2026	amend (t) and recommit to children and families
Jan 07, 2026	referred to children and families
May 15, 2025	referred to children and families

Bill Amendments

Original

A (Active)

co-Sponsors

2025-S7978 - Details

See Assembly Version of this Bill:: A7603
Current Committee:: Senate Children And Families
Law Section:: Social Services Law
Laws Affected:: Amd §§483-b & 483-d, Soc Serv L

2025-S7978 - Summary

Provides additional support to children with complex needs under the jurisdiction of the state; requires data collection regarding children under the jurisdiction of the state.

2025-S7978 - Sponsor Memo

                                 
BILL NUMBER: S7978

SPONSOR: BROUK
 
TITLE OF BILL:

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

 
PURPOSE:

This bill enhances the statutory authority of the Council on Children
and Families (CCF) interagency dispute resolution unit to better serve
children with complex behavioral health needs that are receiving (or in
need of) services from multiple state agencies.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Defines the term "boarding".

Authorizes CCF to accept and spend funds transferred to them from the
Healthcare Stability Fund.

Requires CCF to establish and maintain an online data portal and
prescribes specific data to be collected.

Clarifies CCF's mandate to respond to requests for assistance through
the Independent Dispute Resolution process, including establishing time
frames to respond to requests for assistance, evaluations and diagnoses
to be completed, and for the effectuation of placement or services.

Section 2: Requires the CCF to publicly post their annual progress
report regarding the number of youth placed in care outside of NYS and
related factors.

Section 3: Authorizes the transfer of $25 million from the Healthcare
Stability Fund to support the CCF.

Section 4: Sets forth the effective date.

 
JUSTIFICATION:

More young people than ever are struggling with mental health, substance
use disorder, and other challenges often at the same time but most are
not able to access the behavioral health services they need. We know
from study data published by the Healthy Minds Healthy Kids Campaign
that only 1 out of 4 young people eligible for outpatient Medicaid
behavioral health services is receiving them:
https://s3.amazonaws.com/media.cccnewyork.org/2024
/11/j98woFbc-hmhk-gap-a nalysis.pdf.

New York families are facing an access crisis in that there are not
enough_ appropriate home and community-based, clinic, or residential
services for them. Access is especially challenging for kids and adoles-
cents with complex behavioral health needs meaning those with serious
emotional disturbance or cooccurring mental health, substance use disor-
der, intellectual or developmental disabilities, and/or child welfare
involvement. These access challenges stem from issues including: the
shortage of behavioral health providers, resulting in monthslong wait-
lists for assessments and services; families needing to navigate two or
more state agencies' bureaucratic processes; complex paperwork and
documentation requirements; a shortage of appropriate residential
program beds; and inadequate insurance coverage and provider networks.

Currently, the NYS Council on Children and Families (CCF) is responsible
for helping families of children with complex needs navigate the vast
and confusing behavioral healthcare system in our state. Specifically,
the Council's Interagency Resolution Unit (IRU) is charged with: facili-
tating meetings with stakeholders to support collaboration across
systems, helping parties reach agreement on the provision of services,
providing discharge supports from ERs and hospitals, coordination of
comprehensive evaluations, care, and individual service plans, mediation
to resolve interagency disputes that impede access to care, and the
provision of technical assistance, information, and referrals. There is
an existing process whereby parties including parents, agencies,
schools, local social services districts, and individuals can request
help in accessing services from the IRU.

However, the mandate of the IRU is not adequately funded, leaving them
without the necessary resources to serve the many children and families
with complex needs struggling to navigate and access the service contin-
uum. This bill therefore provides the CCF with $25 million in resources,
provided from the Healthcare Stability Fund ("MCO Tax"), to hire addi-
tional staff, secure diagnostic and screening resources, enhance multi-
system care coordination, and to cover any costs of care while a dispute
over payment is being determined. This is critical for shifting the
burden of interagency disagreements off of the young person who is
suffering without the care they need, and back to the state agencies
responsible for their care. The legislation also establishes reasonable
timeframes for the IRU to respond to requests for assistance, which will
ensure more efficient residential placement and access to appropriate
services.

Moreover, the legislation addresses the data gap on children with
complex behavioral health needs by requiring CCF to collect detailed
information and to establish an online portal. CCF would be required to
collect information including length of time a young person is boarding
and awaiting placement, wait times for accessing services, and the
number of available beds in the state. Sensitive information would only
be accessible by state agencies, local social service districts, provid-
er agencies, and payors to facilitate access to care.  The Council would
further be required to report on this data to the Governor, legislature,
and public every six months. Lastly, the Council would be required to
track data concerning requests for assistance and their outcome, and
then report annually to the Governor, legislature, and the public.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

$25 million to be provided by appropriation from the Healthcare Stabili-
ty Fund.

 
EFFECTIVE DATE:
180 days after enactment, provided that subdivision five of section one
shall take effect on January 1, 2026.

2025-S7978 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7978
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2025
                                ___________
 
 Introduced  by  Sen.  BROUK  -- 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 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-
 sor,  or  direct  member  agencies  to  undertake such research or other
 activities;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11182-03-5
 S. 7978                             2

 
   (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.
   (e) A dispute relative to which member agency shall have the responsi-
 bility  for  determining  and  recommending  adult  services pursuant to
 S. 7978                             3
 
 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
   (II) COMMUNITY-BASED SERVICES.
 S. 7978                             4
 
   (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:
 S. 7978                             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.

co-Sponsors

2025-S7978A (ACTIVE) - Details

See Assembly Version of this Bill:: A7603
Current Committee:: Senate Children And Families
Law Section:: Social Services Law
Laws Affected:: Amd §§483-b & 483-d, Soc Serv L

2025-S7978A (ACTIVE) - Summary

Provides additional support to children with complex needs under the jurisdiction of the state; requires data collection regarding children under the jurisdiction of the state.

2025-S7978A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7978--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2025
                                ___________
 
 Introduced by Sens. BROUK, COONEY -- 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 providing  addi-
   tional  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 FOLLOWING terms SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "care", "services", "programs", and "services programs" shall mean
 and include care, maintenance, services and programs provided  to  chil-
 dren  of  the state and their families by or under the jurisdiction of a
 member agency;
   (B) "BOARDING" SHALL MEAN REMAINING IN A HOSPITAL SETTING AFTER HAVING
 BEEN DETERMINED TO NO LONGER NEED A HOSPITAL LEVEL OF CARE, AND AWAITING
 DISCHARGE;
   (C) "PLACE" AND "PLACEMENT" SHALL  MEAN  THE  PLACEMENT  OF  A  CHILD,
 FOLLOWING A DIAGNOSTIC STUDY AND EVALUATION, IN A CLINICALLY APPROPRIATE
 RESIDENTIAL  SETTING, WITH CONSIDERATION OF GEOGRAPHIC PROXIMITY OF SUCH
 SETTING TO THE HOME OF THE CHILD AND FAMILY; AND
   (D) "PROVIDE SERVICES" SHALL MEAN THE REFERRAL OF A CHILD, FOLLOWING A
 DIAGNOSTIC STUDY AND EVALUATION, TO CLINICALLY APPROPRIATE AND AVAILABLE
 COMMUNITY-BASED SERVICES.
   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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11182-05-6

 S. 7978--A                          2

 and make recommendations to the governor for the] TO  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-
 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;
 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 placement of] PLACE
 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.
 S. 7978--A                          3
 
   (c) The council shall  direct  member  agencies  to  take  appropriate
 direct  action,  WHICH  MAY INCLUDE WAIVING RELEVANT REGULATORY REQUIRE-
 MENTS, or to exercise their supervisory powers over local officials  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.
   (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.
 S. 7978--A                          4
 
   (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
   (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
 S. 7978--A                          5
 
 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. 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, 2027.

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Senate Bill S7978A

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Current Bill Status - In Senate Committee Children And Families Committee

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2025-S7978 - Details

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Sponsored By

Samra G. Brouk

Current Bill Status - In Senate Committee Children And Families Committee

Actions

Bill Amendments

co-Sponsors

Jeremy Cooney

2025-S7978 - Details

2025-S7978 - Summary

2025-S7978 - Sponsor Memo

2025-S7978 - Bill Text download pdf

co-Sponsors

Jeremy Cooney

2025-S7978A (ACTIVE) - Details

2025-S7978A (ACTIVE) - Summary

2025-S7978A (ACTIVE) - Bill Text download pdf

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