Bill Text: NY S09139 | 2017-2018 | General Assembly | Introduced

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Bill Title: Requires authorized agencies to report on unaccompanied alien children under such agencies' care; provides that a person who knowingly submits false information shall be guilty of offering a false instrument for filing; provides that the commissioner of social services may deny, revoke, or terminate an authorized agency's existing licensure or registration for failure to report such information in the prescribed time frame.

Spectrum: Partisan Bill (Democrat 21-0)

Status: (Introduced - Dead) 2018-07-25 - REFERRED TO RULES [S09139 Detail]

Download: New_York-2017-S09139-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
            S. 9139                                                 A. 11271
                SENATE - ASSEMBLY
                                      July 25, 2018
                                       ___________
        IN  SENATE  --  Introduced  by  Sen.  BENJAMIN -- read twice and ordered
          printed, and when printed to be committed to the Committee on Rules
        IN ASSEMBLY -- Introduced by COMMITTEE ON RULES -- (at request of M.  of
          A. Epstein) -- read once and referred 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;
    22    (v)  (1)  the number of unaccompanied alien children in the authorized
    23  agency's care who were removed from the care or custody of their parents
    24  by an official, agent or agency of the federal government while entering
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16412-03-8
        S. 9139                             2                           A. 11271
     1  or attempting to enter the United States or  after  having  entered  the
     2  United States, and (2) the number of unaccompanied alien children previ-
     3  ously  removed  from  the  custody  of  their  parents and placed in the
     4  authorized agency's care that have been restored to the custody of their
     5  parents;
     6    (vi)  the  number  of  unaccompanied  alien children in the authorized
     7  agency's care whose primary  language  is  not  English,  including  the
     8  number  of  children  speaking  each  language  and the primary language
     9  spoken by such children;
    10    (vii) the number of unaccompanied alien children placed  into  partic-
    11  ular  types  of  care  or custody including, but not limited to, transi-
    12  tional foster care, long-term foster care, secure care  or  staff-secure
    13  care; and
    14    (viii) any other information the commissioner deems necessary.
    15    (b)  Reports to the commissioner shall not reveal identifying informa-
    16  tion about specific cases or individuals,  and  the  commissioner  shall
    17  ensure  that  all reporting requirements comply with federal laws, regu-
    18  lations, and policies. A person who knowingly submits false  information
    19  required by this subdivision shall be guilty of offering a false instru-
    20  ment for filing under article one hundred seventy-five of the penal law.
    21    (c)  The  commissioner  may  deny,  revoke, or terminate an authorized
    22  agency's existing licensures or registrations  for  failure  to  provide
    23  such information in the prescribed time frame.
    24    (d)  The  commissioner shall compile such data utilizing the office of
    25  children  and  family  services'  bureau  of  research,  evaluation  and
    26  performance  analytics  (hereinafter  referred  to as the "bureau"). The
    27  bureau, or its successor agency, shall supply such  information  to  the
    28  commissioner  and government officials upon request, and shall make such
    29  information available to the public in a manner accessible to the public
    30  in real-time.
    31    (e) For purposes of this subdivision, the term "alien" is  defined  as
    32  any  person  not  a  citizen  or national of the United States, the term
    33  "child" shall have the same meaning as defined in section three  hundred
    34  seventy-one  of  this title, and the term "unaccompanied" with regard to
    35  an alien child is defined consistent with federal law and shall  include
    36  children  who  were unaccompanied when they crossed the border and chil-
    37  dren who were not accompanied when they  crossed  the  border  but  were
    38  rendered  unaccompanied  by  removal  from  the care or custody of their
    39  parent or guardian.
    40    § 3. This act shall take effect immediately.