Bill Text: NY A02120 | 2023-2024 | General Assembly | Introduced


Bill Title: Establishes the independent office of the child advocate to ensure the protection and promotion of the rights of children in the care of any state agency or local social services district.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to children and families [A02120 Detail]

Download: New_York-2023-A02120-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          2120

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 23, 2023
                                       ___________

        Introduced  by  M.  of  A.  JEAN-PIERRE -- read once and referred to the
          Committee on Children and Families

        AN ACT to amend the executive law, in relation to the  establishment  of
          the independent office of the child advocate

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

     1    Section 1. The executive law is amended by adding a new  article  19-I
     2  to read as follows:
     3                                ARTICLE 19-I
     4                  INDEPENDENT OFFICE OF THE CHILD ADVOCATE
     5  Section 533. Independent office of the child advocate; creation.
     6          534. Definitions.
     7          535. The child advocate.
     8          536. Duties of the child advocate.
     9          537. Cooperation of other agencies.
    10          538. Duty to maintain confidentiality.
    11          539. Additional provisions.
    12    §  533.  Independent  office of the child advocate; creation. There is
    13  hereby created in the executive department, an independent office of the
    14  child advocate, which shall:
    15    1. examine, evaluate and report to the governor  and  the  legislature
    16  on:
    17    (a)  particular  and systemic issues in publicly funded programs over-
    18  seen by any executive agency with custody of children; and
    19    (b) multi-systemic issues that children in the care, custody or  guar-
    20  dianship  of  any  state  agency that has custody of children or a local
    21  social services district, and the families of such  children  experience
    22  in accessing needed services across systems; and
    23    2.  advocate  for,  and  report to the governor and the legislature on
    24  suggested statutory, regulatory or policy  changes  aimed  at  improving
    25  outcomes and services for children and their families in New York state.
    26    § 534. Definitions. As used in this article:
    27    1. "Child" or "children" means:
    28    (a) a person, or persons under the age of eighteen; or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02935-01-3

        A. 2120                             2

     1    (b)  a  person  or  persons  under  the age of twenty-one who has been
     2  placed into the care, custody, or guardianship of any state agency  that
     3  has  custody of children or a local social services district pursuant to
     4  article three, seven, ten, ten-A, ten-B or ten-C of the family court act
     5  or  section  three  hundred fifty-eight-a, three hundred eighty-three-c,
     6  three hundred eighty-four-a or three hundred eighty-four-b of the social
     7  services law; or
     8    (c) a person or persons under the age of twenty-one who is  placed  in
     9  residential care as defined in section four hundred twelve of the social
    10  services law.
    11    2. "Child advocate" means the person appointed pursuant to subdivision
    12  one  of  section  five hundred thirty-five of this article to direct and
    13  oversee the activities of the independent office of the child advocate.
    14    § 535. The child advocate. 1. The child advocate shall be an  individ-
    15  ual  with  at least five years experience in the general subject area of
    16  either child welfare, juvenile justice or childhood  behavioral  health,
    17  who shall be appointed by the governor.
    18    2.  The  child  advocate  may hire or appoint persons as may be deemed
    19  necessary to carry out the duties of the independent office of the child
    20  advocate. The duties of persons employed or appointed by the child advo-
    21  cate shall be performed under the advice and supervision  of  the  child
    22  advocate. Persons employed or appointed by the independent office of the
    23  child advocate shall be individuals with expertise in the areas of child
    24  welfare,  juvenile  justice,  childhood  behavioral health, foster care,
    25  preventive services, or child care, as evidenced  by  expertise  in  the
    26  field,  practice,  advocacy  or  by  academic  background, the level and
    27  sufficiency of which shall be determined  by  the  child  advocate.  The
    28  child  advocate  shall  fix  the  compensation  of  persons  employed or
    29  appointed by the independent office of the child advocate within amounts
    30  appropriated therefor.
    31    § 536. Duties of the child advocate. 1. The child advocate shall:
    32    (a) examine, evaluate, investigate and report to the governor and  the
    33  legislature  on  particular  and  systemic  issues  in  publicly  funded
    34  programs overseen by a state agency that has  custody  of  children  and
    35  local  social  services  districts,  including  but not limited to child
    36  welfare, juvenile justice, foster care, child protective, child care and
    37  preventative services; and
    38    (b) examine, evaluate, investigate and report to the governor and  the
    39  legislature  on multi-systemic issues that children in the care, custody
    40  or guardianship of a state agency that has  custody  of  children  or  a
    41  local social services district, and the families of such children, expe-
    42  rience in accessing needed services across systems; and
    43    (c)  monitor the implementation of the policies, regulations and stat-
    44  utes of state agencies which may be applicable to the  legal  rights  of
    45  children in the care, custody or guardianship of a state agency that has
    46  custody of children or a local social services district, or the families
    47  of such children; and
    48    (d)  monitor  the implementation of policies, regulations and statutes
    49  which may have an impact on publicly funded  programs  overseen  by  the
    50  office  of  children  and  family services, including but not limited to
    51  child welfare, juvenile justice, foster care,  child  protective,  child
    52  care and preventative services; and
    53    (e)  recommend  changes  in  state  policies, statutes and regulations
    54  concerning children in the care, custody  or  guardianship  of  a  state
    55  agency that has custody of children or a local social services district,
    56  and the families of such children; and

        A. 2120                             3

     1    (f)  recommend  changes  in  state policies, statutes, and regulations
     2  concerning publicly funded programs that service children and  families,
     3  including  but  not  limited  to child welfare, juvenile justice, foster
     4  care, child protective, child care and preventative  services,  adminis-
     5  tered  by  a  state  agency that has custody of children or local social
     6  services districts; and
     7    (g) take appropriate actions aimed at promotion of the rights, safety,
     8  well-being, and best interests of children in New York state, including,
     9  but not limited to, undertaking legislative advocacy, conducting  public
    10  hearings and making proposals for administrative or systemic reform; and
    11    (h)  provide administrative supervision and oversight to the independ-
    12  ent office of the child advocate and devote full-time to the  duties  of
    13  his or her office; and
    14    (i) work collaboratively with state agencies and local social services
    15  districts  having  custody  of children to arrange for the visitation of
    16  programs and facilities operated by or contracting with such state agen-
    17  cies or local social services districts; and
    18    (j) report to the governor, the speaker of the assembly and the tempo-
    19  rary president of the senate as needed, but  not  less  than  twice  per
    20  year.  Such  report  shall  be made available to the public, unless such
    21  materials are confidential pursuant to statute, and  shall  include  but
    22  not be limited to:
    23    (A)  information concerning the number and types of reviews and evalu-
    24  ations conducted by the independent office of the child advocate; and
    25    (B) any recommendations by the child advocate for legislative, regula-
    26  tory, or public policy changes.
    27    2. If after examination pursuant to subdivision one of  this  section,
    28  the  child  advocate  identifies  a systemic problem in how services are
    29  provided to children in the care, custody, or guardianship  of  a  state
    30  agency that has custody of children or a local social services district,
    31  by  a  state  agency  that  has  custody  of children, or a local social
    32  services district, or any public or private entity which contracts  with
    33  the  office  of  children and family services or a local social services
    34  district to provide services to such children, the child advocate  shall
    35  provide such office, district, agency or entity a written report outlin-
    36  ing the findings and recommendations of the child advocate.
    37    (a)  An  office,  district,  agency or entity named in a report by the
    38  child advocate as described in this subdivision shall have the option to
    39  respond in writing to the child advocate's  findings,  provided  however
    40  that  such  written  response  must be issued within ninety days of such
    41  office, district, agency or entity's receipt of the applicable report by
    42  the child advocate.
    43    (b) Within thirty days after the receipt of a response from an office,
    44  district, agency or entity as described in this subdivision,  the  child
    45  advocate  shall  issue such response, and the report issued by the child
    46  advocate pursuant to this subdivision, to the governor, the  speaker  of
    47  the assembly and the temporary president of the senate.
    48    (c)  If  a response or a written request for an additional thirty days
    49  with an explanation is not received by the child advocate within  ninety
    50  days  from  the  date  that  the child advocate sent such report to such
    51  office, district, agency or entity, the  child  advocate  shall  provide
    52  such  report  to  the governor and the legislature with a notice stating
    53  that such office, district, agency or entity failed to  issue  a  timely
    54  written response to the report by the child advocate.
    55    §  537.   Cooperation of other agencies. To effectuate the purposes of
    56  this article, the independent office of the child advocate  may  request

        A. 2120                             4

     1  from  state  agencies and local social services districts having custody
     2  of children such assistance and data as  is  necessary  to  fulfill  the
     3  child advocate's duties. Such information shall be provided to the inde-
     4  pendent office of the child advocate unless otherwise protected by law.
     5    §  538. Duty to maintain confidentiality. All records of the independ-
     6  ent office of the child advocate pertaining to the  fulfillment  of  the
     7  child advocate's rights, powers and duties pursuant to this article, and
     8  all records obtained by the child advocate shall be kept confidential.
     9    §  539.  Additional  provisions.  1.  The state shall protect and hold
    10  harmless any person employed or appointed by the  child  advocate,  from
    11  financial  loss  and  expense,  including  legal fees and costs, if any,
    12  arising out of any claim, demand or suit for damages resulting from acts
    13  or omissions committed in the discharge of his or her rights, powers and
    14  duties within the scope of his or her employment  or  appointment  which
    15  may  constitute  negligence  but which acts are not wanton, malicious or
    16  grossly negligent as determined by a court of competent jurisdiction.
    17    2. No state or local  agency,  department,  office,  or  entity  shall
    18  discharge,  or  in  any  manner  discriminate  or retaliate against, any
    19  person who in good faith makes a complaint to, or cooperates  with,  the
    20  child  advocate  in  a review or evaluation conducted by the child advo-
    21  cate. No employee of any state or local department or office or  of  any
    22  private  entity shall retaliate against any person who makes a complaint
    23  to, or who cooperates with the independent office of the child  advocate
    24  in  a  review,  investigation or evaluation conducted by the independent
    25  office of the child advocate.
    26    3. All communications to the independent office of the child  advocate
    27  shall  remain  confidential.  Any complaint filed by any person with the
    28  independent office of the child advocate shall remain confidential.
    29    4. All youth residing in a juvenile justice facility shall be  permit-
    30  ted  reasonable  access to a telephone to make a toll free call or shall
    31  be supplied writing materials in order to write letters to the independ-
    32  ent office of the child advocate upon the youth's request. Any  communi-
    33  cations between such youth and the independent office of the child advo-
    34  cate  shall remain confidential and shall not be monitored by any member
    35  of the facility's staff.
    36    5. The independent office of the child  advocate  may  apply  for  and
    37  accept  grants, gifts and bequests of funds from private individuals and
    38  foundations for the purpose of carrying out studies under this  article.
    39  The  funds  shall  be expended in accordance with the provisions of such
    40  grant, gift or bequest.
    41    6. The child advocate shall take all possible actions  including,  but
    42  not  limited  to,  conducting  programs of public education, undertaking
    43  legislative advocacy and making proposals for administrative  correction
    44  or  reform,  in  order to secure and ensure the legal, civil and special
    45  rights of children.
    46    7. The child advocate shall take the appropriate  steps  to  make  the
    47  existence and availability of the child advocate widely known, by appro-
    48  priate and active means, to children and adults.
    49    §  2. This act shall take effect on the first of April next succeeding
    50  the date on which it shall have become a law. Effective immediately, the
    51  addition, amendment and/or repeal of any rule  or  regulation  necessary
    52  for  the implementation of this act on its effective date are authorized
    53  to be made and completed on or before such effective date.
feedback