Bill Text: NY S09004 | 2021-2022 | General Assembly | Introduced

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Bill Title: Establishes and provides for the powers and duties of the council on children and families.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2022-05-23 - referred to children and families [S09004 Detail]

Download: New_York-2021-S09004-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9004

                    IN SENATE

                                       May 3, 2022
                                       ___________

        Introduced  by  Sen.  BRISPORT -- (at request of the Council on Children
          and Families) -- 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 the establish-
          ment and powers and duties of the council on children and families; to
          repeal certain provisions of such law relating thereto; and to  repeal
          certain  provisions  of  the  mental hygiene law relating to the chil-
          dren's plan

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Section 483 of the social services law, as added by section
     2  2 of part F2 of chapter 62 of the laws of 2003, subdivision 1 as amended
     3  by chapter 672 of the laws of 2019, is amended to read as follows:
     4    §  483.  Council on children and families[; chair]. 1.  Purpose. There
     5  shall be a council on children and families, hereinafter referred to  in
     6  this  article as the "council", that shall provide a forum for promoting
     7  cross-system approaches to improve the effectiveness and  efficiency  of
     8  service  delivery systems for children and youth, consider new or emerg-
     9  ing service needs and promote coordinated  and  consistent  policies  to
    10  best meet the needs of children and youth and their families.  The coun-
    11  cil,  established  within  the  office  of  children and family services
    12  [consisting], shall  consist  of  the  following  members:  the  [state]
    13  commissioner of children and family services, the commissioner of tempo-
    14  rary  and  disability assistance, the commissioner of mental health, the
    15  commissioner [of the office] for people with developmental disabilities,
    16  the commissioner of  [the  office  of  alcoholism  and  substance  abuse
    17  services]  addiction  services  and supports, the commissioner of educa-
    18  tion, [the director of the office of probation and correctional alterna-
    19  tives,] the commissioner of health, the commissioner  of  [the  division
    20  of]  criminal  justice  services,  the  [state advocate for persons with
    21  disabilities]  executive  director  of  the  justice  center   for   the
    22  protection  of  people  with special needs, the director [of the office]
    23  for the aging, the commissioner of labor, and the [chair of the  commis-
    24  sion  on  quality  of care for the mentally disabled. The governor shall

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09968-02-1
        S. 9004                             2

     1  designate the chair of the council and  the  chief]  executive  [officer
     2  (CEO)] director of the developmental disabilities planning council.
     3    2.  Staffing.  The  governor shall designate the executive director of
     4  the council. The [chair of the council] executive director, in consulta-
     5  tion with the commissioner  of  [the  office  of]  children  and  family
     6  services,  shall designate staff [from the office of children and family
     7  services to work full time in carrying out] to carry out  the  functions
     8  of the council.
     9    3. Meetings. The council [may conduct its meetings and, by and through
    10  the  chair,]  shall  meet  as often as deemed necessary by the executive
    11  director of the council or the commissioner  or  director  of  a  member
    12  agency  but  in  no  event  less than annually to perform its powers and
    13  duties [notwithstanding the absence of a quorum; provided, however  that
    14  no  action  may  be  taken by the council without the concurrence of the
    15  chair].
    16    § 2. Section 483-a of the social services law, as added by  section  2
    17  of  part  F2  of  chapter  62 of the laws of 2003, is amended to read as
    18  follows:
    19    § 483-a. Utilization of other agency  assistance.  To  effectuate  the
    20  purposes  of  this  article,  any  department,  division, board, bureau,
    21  commission or agency of the state or of any political subdivision there-
    22  of shall, at the request of the [chair] executive director of the  coun-
    23  cil, provide to the council such facilities, assistance and data as will
    24  enable the council to properly [to] carry out its powers and duties [and
    25  those of the chair].
    26    §  3.  Section 483-b of the social services law, as added by section 2
    27  of part F2 of chapter 62 of the laws of 2003,  is  amended  to  read  as
    28  follows:
    29    § 483-b. Powers and duties of council. 1. As used in this section, the
    30  terms  "care",  "services",  and  "programs"[,  and "services programs"]
    31  shall mean and include care, maintenance, services and programs provided
    32  to children and youth of the state and their families by  or  under  the
    33  jurisdiction  of a member agency. The term "member agency" shall mean an
    34  agency headed by a member of the council.
    35    2. The council shall have the following powers:
    36    (a) to identify problems and  deficiencies  in  residential  care  and
    37  community-based services and programs and, on a selective basis, to plan
    38  and make recommendations to the governor for the remedy of such problems
    39  and  deficiencies  and  for  the  development  of  programs  of care and
    40  services for children and youth and their families;
    41    (b) to make recommendations to improve  coordination  of  program  and
    42  fiscal  resources  of state-local, public-voluntary care and services to
    43  children and youth and their families;
    44    (c) to [coordinate program]  facilitate  interagency  cooperation  and
    45  coordination  of programs and [management] research [of] by member agen-
    46  cies for the purpose of monitoring, evaluating or  redirecting  existing
    47  care  [and],  services  and  programs  or  developing  new  services and
    48  programs, and to conduct, sponsor, or direct member agencies  to  under-
    49  take such research or other activities;
    50    (d)  to  review  and resolve differences, if any, concerning rules and
    51  regulations of each member agency insofar as such rules and  regulations
    52  impact on care, services or programs provided by other member agencies;
    53    (e) to promulgate, amend and rescind rules and regulations relating to
    54  the administration and performance of the powers and duties of the coun-
    55  cil pursuant to this article;
        S. 9004                             3

     1    (f)  to  review  [significant] existing state and locally operated and
     2  supported [care and] services[,] and programs and  plans  and  proposals
     3  for  new services and programs for children and youth and their families
     4  to determine whether such services and programs are planned, created and
     5  delivered in a coordinated, effective and comprehensive manner;
     6    (g)  to  perform  all other things necessary [and convenient] to carry
     7  out the functions, powers and duties of the council  and  to  effectuate
     8  the purposes of this article; and
     9    (h)  to accept and expend any grants, awards, or other funds or appro-
    10  priations as may be available to the council to effectuate the  purposes
    11  of this article, subject to the approval of the director of the budget.
    12    3.  [The  council  shall review the budget requests of member agencies
    13  insofar as such budgets jointly affect services  programs  for  children
    14  and  their  families and shall make comments and recommendations thereon
    15  to the relevant member agencies and the governor.
    16    4.] (a) The council shall meet on a regular  basis  to  implement  the
    17  purposes  of this article and to discuss and resolve disputes, including
    18  but not limited to disputes between member agencies, relating  to  their
    19  functions,  powers  and duties over the provision of services to partic-
    20  ular children and youth and their families or to categories of  children
    21  [or child and family problems] and youth when all the internal statutory
    22  and administrative grievance or appeal procedures applicable to a member
    23  agency  have  failed to finally resolve such dispute. [The council shall
    24  direct each member agency to establish and maintain  such  grievance  or
    25  appeal procedures.]
    26    (b) The council shall direct member agencies to provide an evaluation,
    27  including  a diagnostic study, of a particular child or youth and his or
    28  her family when there is a dispute  as  to  the  appropriate  agency  or
    29  program  in  which the child or youth should be placed or from which the
    30  child or youth and his or  her  family  should  receive  services,  and,
    31  following  such  study,  the council shall order placement of a child or
    32  youth with a member agency, or with a social services official, or order
    33  a member agency to provide or require the provision of services  to  the
    34  child  or  youth  and  his or her family in a manner consistent with the
    35  legal authority of the member agency or  social  services  official,  as
    36  applicable.
    37    (c)  The  council  shall  direct  member  agencies to take appropriate
    38  direct action or to exercise their supervisory powers over  local  offi-
    39  cials and agencies, in the resolution of such disputes.
    40    (d)  The  duty of the council to resolve disputes involving particular
    41  children or youth may be performed  on  a  selective  basis  within  the
    42  discretion  of  the council. Exercise of jurisdiction over such disputes
    43  by the council or appeals to the council therefor shall not be  required
    44  as  a  condition precedent to the initiation of a proceeding pursuant to
    45  article seventy-eight of the civil practice law and rules.
    46    (e) A dispute relative to which member agency shall have the responsi-
    47  bility for determining  and  recommending  adult  services  pursuant  to
    48  sections 7.37 and 13.37 of the mental hygiene law, section three hundred
    49  ninety-eight-c of [the social services law] this chapter, or subdivision
    50  ten  of  section  forty-four hundred three of the education law shall be
    51  resolved in accordance with this subdivision.
    52    [5.] 4. (a) Notwithstanding any other provision of state  law  to  the
    53  contrary,  the  council  may  request any member agency to submit to the
    54  council and such member agency shall submit, to the extent permitted  by
    55  federal law, all information in the form and manner and at such times as
        S. 9004                             4

     1  the council may require that it is appropriate to the purposes and oper-
     2  ation of the council.
     3    (b)  The council shall protect the confidentiality of individual iden-
     4  tifying information submitted to or provided by the council, and prevent
     5  access thereto, by, or the distribution thereof to, persons not  author-
     6  ized by law.
     7    §  4.  Section  483-c of the social services law is REPEALED and a new
     8  section 483-c is added to read as follows:
     9    § 483-c. Council committees. 1. The council shall  have  two  standing
    10  committees:  (a)  a  cross-systems committee for children and youth with
    11  complex needs; and (b) an early care and education committee. In accord-
    12  ance with the purposes of this article, other committees may  be  formed
    13  by  the executive director of the council or the request of the governor
    14  or a commissioner or director of a member agency.
    15    2. There shall be a cross-systems committee  for  children  and  youth
    16  with  complex needs to support the establishment of a coordinated system
    17  of care for children and youth and their families who require assistance
    18  from multiple systems and to facilitate coordination among member  agen-
    19  cies to better serve such children and youth and their families.
    20    (a)  Such  committee  shall  meet  as often as deemed necessary by the
    21  executive director of the council or a commissioner  or  director  of  a
    22  member  agency  and shall be comprised of commissioners and directors or
    23  their designees from the following member agencies: the office of  chil-
    24  dren  and  family  services, the office of mental health, the office for
    25  people with developmental disabilities, the department  of  health,  the
    26  office  of  addiction services and supports, the developmental disabili-
    27  ties planning council, and the education department.
    28    (b) Such committee shall provide for the effective collaboration among
    29  state and  local  health,  mental  health,  developmental  disabilities,
    30  education,  child  welfare,  juvenile  justice, and other human services
    31  governmental entities and  stakeholders  by  coordinating  cross-systems
    32  professional development training, recommending the use of funding mech-
    33  anisms  to  more flexibly support the unique needs of children and youth
    34  and their families requiring services from multiple systems,  and  other
    35  approaches  to  promoting  interagency  cooperation  to best support the
    36  needs of children and youth and their families.
    37    (c) Such committee shall provide an annual progress report,  by  April
    38  thirtieth  of  each  year, which shall include an update on children and
    39  youth placed in residential programs and schools  outside  of  New  York
    40  state and other committee activities.
    41    3. There shall be an early care and education committee to support the
    42  alignment of programs and services for young children and their families
    43  to promote healthy development and school readiness.
    44    (a)  Such  committee  shall  meet  as often as deemed necessary by the
    45  executive director of the council or the commissioner or director  of  a
    46  member  agency  and shall be comprised of commissioners and directors or
    47  their designees from the following member agencies:  the office of chil-
    48  dren and family services, the education department,  the  department  of
    49  health, the office of temporary and disability assistance, the office of
    50  mental  health,  and  the office for people with developmental disabili-
    51  ties. The committee shall be informed by the work and recommendations of
    52  the early childhood advisory council  established  pursuant  to  section
    53  four hundred eighty-three-g of this article.
    54    (b)  Committee  members,  to  the extent practicable, shall notify the
    55  executive director of the council when proposing new policies, rules, or
    56  regulations that may impact other committee member agencies. The  execu-
        S. 9004                             5

     1  tive  director  of  the council shall distribute such proposed policies,
     2  rules, or regulations for review by committee members to  solicit  feed-
     3  back, within governing time periods, on the possible cross-system align-
     4  ment of such proposals.
     5    (c)  Such  committee  shall  provide  an annual progress report by May
     6  thirtieth of each year.
     7    § 5. Sections 483-d, 483-e and 483-f of the social  services  law  are
     8  REPEALED.
     9    § 6. Section 7.43 of the mental hygiene law is REPEALED.
    10    § 7. Subdivisions 2 and 6 of section 483-g of the social services law,
    11  as  amended  by  chapter  14 of the laws of 2017, are amended to read as
    12  follows:
    13    2. The governor shall also designate the two chairpersons to the early
    14  childhood advisory council one of whom shall be the  executive  director
    15  of the council or his or her designee.
    16    6.  The  executive  director  of  the  council, on behalf of the early
    17  childhood advisory council shall submit  a  statewide  strategic  report
    18  addressing the activities described in subdivision three of this section
    19  to  the  director  of the head start collaboration office, the governor,
    20  the speaker of the assembly and the temporary president of  the  senate.
    21  After  submission  of  a statewide strategic report, the early childhood
    22  advisory council shall meet periodically to review any implementation of
    23  the recommendations in such report and any changes in  state  and  local
    24  needs.
    25    § 8. This act shall take effect on the one hundred eightieth day after
    26  it shall have become a law.