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This entry was published on 2019-12-20
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SECTION 483-D
Out-of-state placement committee
Social Services (SOS) CHAPTER 55, ARTICLE 10-C
§ 483-d. Out-of-state placement committee. 1. Committee established.
There is hereby established within the council an out-of-state placement
committee comprised of the commissioner of children and family services,
the commissioner of mental health, the commissioner of the office for
people with developmental disabilities, the commissioner of education,
the commissioner of alcoholism and substance abuse services, the
commissioner of health, and the director of the office of probation and
correctional alternatives.

2. Establishment of out-of-state placement registries. (a) Each member
of the out-of-state placement committee which places or which has
oversight responsibilities over agencies that place children in
out-of-state congregate residential programs or residential schools
shall establish a registry of congregate residential programs and/or
residential schools. To the extent feasible, such registries shall be
publicly accessible via the committee member agency's website.
Additionally, the council shall establish a single comprehensive
registry for the listing of out-of-state congregate residential programs
and residential schools that have been approved by one or more members
of the out-of-state placement committee. To the extent feasible, the
registry shall be internet-accessible, and shall be placed on the
website of the council.

(b) The out-of-state placement committee shall develop core
requirements for the inclusion of an out-of-state congregate residential
program or residential school on such a registry, which shall include
but may not be limited to requirements that:

(i) if the out-of-state congregate residential program or residential
school provides residential care to children from New York state, at
least one member of the out-of-state placement committee or his or her
designee has conducted a site visit of such out-of-state congregate
residential program or residential school, as appropriate, within time
frames as the committee shall determine;

(ii) the out-of-state congregate residential program or residential
school holds a current license or charter from the appropriate state
agency or agencies of the state in which the program or facility is
located;

(iii) appropriate laws and regulations exist in the state where the
congregate residential program or residential school is located for the
investigation and resolution of allegations of abuse or neglect;

(iv) the appropriate member or members of the out-of-state placement
committee shall have evaluated the out-of-state congregate residential
program or residential school to determine whether the types of care
being provided are consistent with New York state law and the applicable
committee member agency's regulations.

(c) Prior to placing an out-of-state congregate residential program or
residential school on its registry, a member of the out-of-state
placement committee shall solicit and consider any relevant information
regarding the congregate residential program or residential school from
other members of the out-of-state placement committee.

(d) The out-of-state placement committee in conjunction with the
division of the budget shall determine the feasibility of charging fees
for out-of-state congregate residential programs and residential schools
to be listed on an out-of-state placement registry.

3. Establishment of recommended contract parameters. The out-of-state
placement committee shall establish recommended contract parameters for
use by committee member agencies and any local agency subject to the
jurisdiction of one of the committee member agencies when contracting
with an out-of-state congregate residential program or residential
school for the placement of a New York state child. Such contract
parameters shall include but may not be limited to provisions that the
out-of-state congregate residential program or residential school shall:

(a) hold and maintain a current license, certificate or charter from
the appropriate state agency or agencies of the state in which the
program or facility is located;

(b) promptly notify the placing state or local agency of any
enforcement action taken with respect to such license, certificate or
charter and any action the congregate program or facility is taking with
respect thereto and that the placing agency, if it is a local agency,
will notify its supervising state agency of such information;

(c) take all necessary steps to become and remain listed on the
out-of-state placement registry of the applicable member or members of
the out-of-state placement committee, including providing any requested
information to the applicable committee member or members consistent
with applicable state and federal laws and authorizing such committee
member or members to conduct announced and unannounced visits to the
program or facility;

(d) promptly notify the placing state or local agency of any report of
abuse or neglect occurring in the program or school regarding any child
placed by the state or local agency, the progress and outcome of the
investigation of the report, and of any action being taken with respect
thereto, and agree that the placing state or local agency will notify
the parents or persons in parental relationship to the child of such
report of abuse or neglect;

(e) promptly notify the placing state or local agency of any
investigation of a report of abuse or neglect found to result from a
systemic problem with the program or school or any portion thereof and
any action that the program or school is taking with respect thereto and
that the placing agency, if it is a local agency, will notify its
supervising state agency of such information; and

(f) establish, in conjunction with the placing state or local agency,
appropriate services and goals for each child placed by such agency in
the out-of-state program or school consistent with applicable state and
federal law.

4. Model processes for placement. The out-of-state placement committee
shall establish model processes for the placement of any child in an
out-of-state congregate residential program or residential school which
may include, but not be limited to, identifying the necessary activities
that should be engaged in on a local, regional and/or state level prior
to making an out-of-state placement including reviewing alternative
service options to avoid an out-of-home placement and reviewing all
viable and least restrictive options for placing the child in-state.

5. Technical assistance resources. The committee shall make reasonable
efforts to:

(a) coordinate the development and updating by member agencies of
statewide child and family services technical assistance resources which
may include service directories, assessment tools, inventories of
availability and capacity of in-state services, referral guides, funding
maps, and information about research and evidence based practices,
which, to the extent feasible, shall be made widely available through
such means as web-based platforms; and

(b) establish public awareness, training and technical assistance
initiatives to strengthen local and regional service coordination and
streamline placement processes and access to community-based services,
which include or complement existing infrastructure, by engaging local
and regional service providers, educators, policy makers, family
members, advocates and others.

6. Integrated funding. The committee, in conjunction with the division
of the budget, shall analyze aggregate data on children who are placed
in out-of-state congregate residential programs and residential schools
and make recommendations concerning the development of integrated
funding for the purchase of services for children with complex and/or
multiply-diagnosed needs including:

(a) reducing or eliminating identified barriers to providing
flexibility in the funding of programs and services for children at risk
of placement in out-of-state programs and facilities and of such other
children as may be appropriate;

(b) increasing the number of alternatives to placing children in
out-of-state congregate residential programs or residential schools by
allowing funds for services to follow the child into the most
appropriate and least restrictive placement; and

(c) allowing funds for services to be applied to the purchase of
appropriate services within the child's community, including
modification of the child's residence, in the most flexible manner so as
to serve the child in the least restrictive setting as appropriate.

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
facilities, of returning children from such out-of-state programs and
facilities, 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.

8. Immunity from liability. Any person, official or institution
complying with the requirements of this section reasonably and in good
faith, including establishing or implementing out-of-state registries,
contract parameters, and model processes for placement, with respect to
placing a child in an out-of-state or an in-state facility or program
shall have immunity from any liability, civil or criminal, that might
otherwise result by reason of such actions.

9. Construction with other laws; severability. If any portion of this
section or the application thereof to any person or circumstances shall
be adjudged invalid by a court of competent jurisdiction, such order or
judgment shall be confined in its operation to the controversy in which
it was rendered, and shall not affect or invalidate the remainder of any
provision of this section or the application of any part thereof to any
other person or circumstances and to this end each of the provisions of
this section are hereby declared to be separable.