Bill Text: NY A00731 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to foster home decertification, application for recertification, authorization for non-renewal, notice of removal of a child and other required notices.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-03-17 - substituted by s1514 [A00731 Detail]

Download: New_York-2015-A00731-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          731
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    January 7, 2015
                                      ___________
       Introduced  by M. of A. ROZIC -- read once and referred to the Committee
         on Children and Families
       AN ACT to amend the social services law,  in  relation  to  foster  home
         decertification,  application  for  recertification, authorization for
         non-renewal, notice of removal of a child, and other required notices
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 1 of section 376 of the social services law, as
    2  amended  by  chapter  539  of  the  laws  of 2014, is amended to read as
    3  follows:
    4    1. An authorized agency which shall board out any child  and/or  minor
    5  under the age of eighteen years shall issue to the person receiving such
    6  child  and/or  minor for board a certificate to receive, board or keep a
    7  child and/or minor under the age of eighteen  years.  Prior  to  issuing
    8  such  certificate, the agency shall require that an applicant set forth:
    9  his or her employment history, provide personal  and  employment  refer-
   10  ences  and  sign  a sworn statement indicating whether the applicant, to
   11  the best of his or her knowledge, has ever been convicted of a crime  in
   12  this  state  or  any  other jurisdiction.   [The] IN ACCORDANCE WITH THE
   13  REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY SERVICES,  IN  ADDITION
   14  TO  THE  REQUIREMENTS  SET  FORTH  IN  SUBDIVISION  TWO OF SECTION THREE
   15  HUNDRED SEVENTY-EIGHT-A OF THIS TITLE AND PARAGRAPH (A)  OF  SUBDIVISION
   16  ONE  OF  SECTION  FOUR HUNDRED TWENTY-FOUR-A OF THIS ARTICLE, THE agency
   17  shall REVIEW INFORMATION AVAILABLE  IN  THE  STATEWIDE  AUTOMATED  CHILD
   18  WELFARE INFORMATION SYSTEM TO determine whether the applicant [has ever]
   19  PREVIOUSLY held such a certificate, or a license or approval AS A FOSTER
   20  PARENT  and,  if so, whether [the] SUCH certificate, license or approval
   21  was revoked, not renewed, or a FOSTER child was removed from  [the]  HIS
   22  OR  HER  home[,  and  the reason therefor. In such instances, the agency
   23  shall evaluate the circumstances, pursuant to regulations established by
   24  the office, to determine] FOR HEALTH OR SAFETY REASONS AND SHALL CONSID-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07289-02-5
       A. 731                              2
    1  ER SUCH INFORMATION IN  DETERMINING  whether  a  certificate  should  be
    2  issued  [and  the  home  re-opened]  TO  SUCH APPLICANT.   Not until all
    3  inquiries are completed  and  evaluated  shall  the  agency  cause  such
    4  certificate to be issued.
    5    S  2.  Subdivision  1  of  section  377 of the social services law, as
    6  amended by chapter 539 of the laws  of  2014,  is  amended  to  read  as
    7  follows:
    8    1. Application for a license to receive, board or keep any child shall
    9  be made in writing to the commissioner of social services in and for the
   10  social  services  district  wherein  the  premises  to  be  licensed are
   11  located, in the form and manner prescribed by the office of children and
   12  family services.  The office shall require that an applicant set  forth:
   13  his  or  her  employment history, provide personal and employment refer-
   14  ences and sign a sworn statement indicating whether, to the best of  his
   15  or  her  knowledge, he or she has ever been convicted of a crime in this
   16  state or any other jurisdiction.  [Such] IN ACCORDANCE  WITH  THE  REGU-
   17  LATIONS  OF  THE  OFFICE OF CHILDREN AND FAMILY SERVICES, IN ADDITION TO
   18  THE REQUIREMENTS SET FORTH IN SUBDIVISION TWO OF SECTION  THREE  HUNDRED
   19  SEVENTY-EIGHT-A  OF  THIS  TITLE AND PARAGRAPH (A) OF SUBDIVISION ONE OF
   20  SECTION FOUR HUNDRED TWENTY-FOUR-A OF THIS ARTICLE, SUCH commissioner of
   21  social services shall [also determine] REVIEW INFORMATION  AVAILABLE  IN
   22  THE  STATEWIDE  AUTOMATED  CHILD WELFARE INFORMATION SYSTEM TO DETERMINE
   23  whether the applicant [has ever] PREVIOUSLY held such a  license,  or  a
   24  certificate  or  approval  AS A FOSTER PARENT, and, if so, whether [the]
   25  SUCH license, certificate or approval was revoked,  not  renewed,  or  a
   26  FOSTER  child  was  removed  from [the] HIS OR HER home[, and the reason
   27  therefor. In such instances, such commissioner of social services  shall
   28  evaluate  the  circumstances, pursuant to regulations established by the
   29  office, to determine] FOR HEALTH OR SAFETY REASONS  AND  SHALL  CONSIDER
   30  SUCH  INFORMATION IN DETERMINING whether a license should be issued [and
   31  the home re-opened] TO SUCH APPLICANT.   Not  until  all  inquiries  are
   32  completed  and evaluated shall the commissioner of social services cause
   33  such license to be issued.
   34    S 3. This act shall take effect immediately,  provided  that  sections
   35  one  and  two  of this act shall take effect on the same date and in the
   36  same manner as chapter 539 of the laws of 2014, takes effect.