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

New York Senate Bill 222 (Prior Session Legislation)

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-Amended.html

                STATE OF NEW YORK
        ________________________________________________________________________
                                         222--A
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by Sens. BENJAMIN, ADDABBO, BAILEY, BIAGGI, BRESLIN, BROOKS,
          CARLUCCI, COMRIE, GIANARIS,  GOUNARDES,  HARCKHAM,  HOYLMAN,  JACKSON,
          KAMINSKY,  KAPLAN,  KAVANAGH, KENNEDY, KRUEGER, LIU, MAY, MAYER, MONT-
          GOMERY, PARKER, PERSAUD, RAMOS, RIVERA,  SALAZAR,  SAVINO,  SEPULVEDA,
          SERRANO,  SKOUFIS, STAVISKY, THOMAS -- read twice and ordered printed,
          and when printed to be committed to  the  Committee  on  Children  and
          Families  --  committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee
        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 thirty days:
     9    (i) the number of unaccompanied alien children newly accepted into the
    10  authorized  agency's  care  within  the  previous  thirty  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  thirty  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;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01765-02-9

        S. 222--A                           2
     1    (iv) the median and mean number of days unaccompanied  alien  children
     2  have spent in the care of the authorized agency under a contract, grant,
     3  or  other  agreement with the federal government and the total number of
     4  days spent in the custody of the federal government, if known;
     5    (v)  (1)  the number of unaccompanied alien children in the authorized
     6  agency's care who were removed from the care or custody of their parents
     7  by an official, agent or agency of the federal government while entering
     8  or attempting to enter the United States or  after  having  entered  the
     9  United States, and (2) the number of unaccompanied alien children previ-
    10  ously  removed  from  the  custody  of  their  parents and placed in the
    11  authorized agency's care that have been restored to the custody of their
    12  parents;
    13    (vi) the number of unaccompanied  alien  children  in  the  authorized
    14  agency's  care  whose  primary  language  is  not English, including the
    15  number of children speaking  each  language  and  the  primary  language
    16  spoken by such children;
    17    (vii)  the  number of unaccompanied alien children placed into partic-
    18  ular types of care or custody including, but  not  limited  to,  transi-
    19  tional  foster  care, long-term foster care, secure care or staff-secure
    20  care; and
    21    (viii) any other information the commissioner deems necessary.
    22    (b) Reports to the commissioner shall not reveal identifying  informa-
    23  tion  about  specific  cases  or individuals, and the commissioner shall
    24  ensure that all reporting requirements comply with federal  laws,  regu-
    25  lations,  and policies. A person who knowingly submits false information
    26  required by this subdivision shall be guilty of offering a false instru-
    27  ment for filing under article one hundred seventy-five of the penal law.
    28  In order to minimize the administrative burden of law, the  commissioner
    29  shall  provide  that  these  reporting procedures shall be consistent in
    30  manner and process to the information provided to the federal Office  of
    31  Refugee Resettlement.
    32    (c) The commissioner may levy a fine of not less than five hundred but
    33  no  more  than  ten  thousand  dollars, or deny, revoke, or terminate an
    34  authorized agency's existing licensures or registrations for failure  to
    35  provide such information in the prescribed time frame.
    36    (d)  The  commissioner shall compile such data utilizing the office of
    37  children  and  family  services'  bureau  of  research,  evaluation  and
    38  performance  analytics  (hereinafter  referred  to as the "bureau"). The
    39  bureau, or its successor agency, shall supply such  information  to  the
    40  commissioner  and government officials upon request, and shall make such
    41  information available to the public in a manner accessible to the public
    42  in real-time.
    43    (e) For purposes of this subdivision, the term "alien" is  defined  as
    44  any  person  not  a  citizen  or national of the United States, the term
    45  "child" shall have the same meaning as defined in section three  hundred
    46  seventy-one  of  this title, and the term "unaccompanied" with regard to
    47  an alien child is defined consistent with federal law and shall  include
    48  children  who were accompanied when they crossed the border and children
    49  who were not accompanied when they crossed the border but were  rendered
    50  unaccompanied  by  removal  from  the care or custody of their parent or
    51  guardian.
    52    § 3. This act shall take effect on the thirtieth day  after  it  shall
    53  have become a law.