Bill Text: NY S00222 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to reporting of youth placed in foster care settings and recruitment of foster parents; requires information including the total number of youth placed in foster care, the reasons why such youth were placed and the efforts the state has taken to recruit and retain foster parents.

Spectrum: Partisan Bill (Democrat 37-0)

Status: (Passed) 2020-12-15 - approval memo.31 [S00222 Detail]

Download: New_York-2019-S00222-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           222
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by Sens. BENJAMIN, BAILEY, CARLUCCI, COMRIE, GIANARIS, HOYL-
          MAN, KAMINSKY, KAVANAGH, KENNEDY,  KRUEGER,  MAYER,  PARKER,  PERSAUD,
          RIVERA,  SAVINO, SEPULVEDA, SERRANO -- 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, in relation to reporting of
          unaccompanied alien children by authorized agencies
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  This  act shall be known as and may be cited as the "SCAR
     2  Act" or the "Separation of Children Accountability Response Act".
     3    § 2. Section 372 of the social services law is amended by adding a new
     4  subdivision 9 to read as follows:
     5    9. (a) An authorized agency as defined in paragraphs (a)  and  (b)  of
     6  subdivision ten of section three hundred seventy-one of this title shall
     7  be  required  to  report  the  following information to the commissioner
     8  every fifteen days:
     9    (i) the number of unaccompanied alien children newly accepted into the
    10  authorized agency's care  within  the  previous  fifteen  days  under  a
    11  contract, grant, or other agreement with the federal government;
    12    (ii)  the  number  of  unaccompanied  alien children released from the
    13  authorized agency's care  within  the  previous  fifteen  days  under  a
    14  contract, grant, or other agreement with the federal government;
    15    (iii)  the  number of unaccompanied alien children currently under the
    16  authorized agency's care under a contract,  grant,  or  other  agreement
    17  with the federal government at the time of the report;
    18    (iv)  the  median and mean number of days unaccompanied alien children
    19  have spent in the care of the authorized agency under a contract, grant,
    20  or other agreement with the federal government and the total  number  of
    21  days spent in the custody of the federal government, if known;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01765-01-9

        S. 222                              2
     1    (v)  (1)  the number of unaccompanied alien children in the authorized
     2  agency's care who were removed from the care or custody of their parents
     3  by an official, agent or agency of the federal government while entering
     4  or attempting to enter the United States or  after  having  entered  the
     5  United States, and (2) the number of unaccompanied alien children previ-
     6  ously  removed  from  the  custody  of  their  parents and placed in the
     7  authorized agency's care that have been restored to the custody of their
     8  parents;
     9    (vi) the number of unaccompanied  alien  children  in  the  authorized
    10  agency's  care  whose  primary  language  is  not English, including the
    11  number of children speaking  each  language  and  the  primary  language
    12  spoken by such children;
    13    (vii)  the  number of unaccompanied alien children placed into partic-
    14  ular types of care or custody including, but  not  limited  to,  transi-
    15  tional  foster  care, long-term foster care, secure care or staff-secure
    16  care; and
    17    (viii) any other information the commissioner deems necessary.
    18    (b) Reports to the commissioner shall not reveal identifying  informa-
    19  tion  about  specific  cases  or individuals, and the commissioner shall
    20  ensure that all reporting requirements comply with federal  laws,  regu-
    21  lations,  and policies. A person who knowingly submits false information
    22  required by this subdivision shall be guilty of offering a false instru-
    23  ment for filing under article one hundred seventy-five of the penal law.
    24    (c) The commissioner may deny,  revoke,  or  terminate  an  authorized
    25  agency's  existing  licensures  or  registrations for failure to provide
    26  such information in the prescribed time frame.
    27    (d) The commissioner shall compile such data utilizing the  office  of
    28  children  and  family  services'  bureau  of  research,  evaluation  and
    29  performance analytics (hereinafter referred to  as  the  "bureau").  The
    30  bureau,  or  its  successor agency, shall supply such information to the
    31  commissioner and government officials upon request, and shall make  such
    32  information available to the public in a manner accessible to the public
    33  in real-time.
    34    (e)  For  purposes of this subdivision, the term "alien" is defined as
    35  any person not a citizen or national of  the  United  States,  the  term
    36  "child"  shall have the same meaning as defined in section three hundred
    37  seventy-one of this title, and the term "unaccompanied" with  regard  to
    38  an  alien child is defined consistent with federal law and shall include
    39  children who were unaccompanied when they crossed the border  and  chil-
    40  dren  who  were  not  accompanied  when they crossed the border but were
    41  rendered unaccompanied by removal from the  care  or  custody  of  their
    42  parent or guardian.
    43    § 3. This act shall take effect immediately.
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