STATE OF NEW YORK
        ________________________________________________________________________
                                          7188
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     April 11, 2019
                                       ___________
        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.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09047-02-9

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

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

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     1  that such office, district, agency or entity failed to  issue  a  timely
     2  written response to the report by the child advocate.
     3    §  537.   Cooperation of other agencies. To effectuate the purposes of
     4  this article, the independent office of the child advocate  may  request
     5  from  state  agencies and local social services districts having custody
     6  of children such assistance and data as  is  necessary  to  fulfill  the
     7  child advocate's duties. Such information shall be provided to the inde-
     8  pendent office of the child advocate unless otherwise protected by law.
     9    §  538. Duty to maintain confidentiality. All records of the independ-
    10  ent office of the child advocate pertaining to the  fulfillment  of  the
    11  child advocate's rights, powers and duties pursuant to this article, and
    12  all records obtained by the child advocate shall be kept confidential.
    13    §  539.  Additional  provisions.  1.  The state shall protect and hold
    14  harmless any person employed or appointed by the  child  advocate,  from
    15  financial  loss  and  expense,  including  legal fees and costs, if any,
    16  arising out of any claim, demand or suit for damages resulting from acts
    17  or omissions committed in the discharge of his or her rights, powers and
    18  duties within the scope of his or her employment  or  appointment  which
    19  may  constitute  negligence  but which acts are not wanton, malicious or
    20  grossly negligent as determined by a court of competent jurisdiction.
    21    2. No state or local  agency,  department,  office,  or  entity  shall
    22  discharge,  or  in  any  manner  discriminate  or retaliate against, any
    23  person who in good faith makes a complaint to, or cooperates  with,  the
    24  child  advocate  in  a review or evaluation conducted by the child advo-
    25  cate. No employee of any state or local department or office or  of  any
    26  private  entity shall retaliate against any person who makes a complaint
    27  to, or who cooperates with the independent office of the child  advocate
    28  in  a  review,  investigation or evaluation conducted by the independent
    29  office of the child advocate.
    30    3. All communications to the independent office of the child  advocate
    31  shall  remain  confidential.  Any complaint filed by any person with the
    32  independent office of the child advocate shall remain confidential.
    33    4. All youth residing in a juvenile justice facility shall be  permit-
    34  ted  reasonable  access to a telephone to make a toll free call or shall
    35  be supplied writing materials in order to write letters to the independ-
    36  ent office of the child advocate upon the youth's request. Any  communi-
    37  cations between such youth and the independent office of the child advo-
    38  cate  shall remain confidential and shall not be monitored by any member
    39  of the facility's staff.
    40    5. The independent office of the child  advocate  may  apply  for  and
    41  accept  grants, gifts and bequests of funds from private individuals and
    42  foundations for the purpose of carrying out studies under this  article.
    43  The  funds  shall  be expended in accordance with the provisions of such
    44  grant, gift or bequest.
    45    6. The child advocate shall take all possible actions  including,  but
    46  not  limited  to,  conducting  programs of public education, undertaking
    47  legislative advocacy and making proposals for administrative  correction
    48  or  reform,  in  order to secure and ensure the legal, civil and special
    49  rights of children.
    50    7. The child advocate shall take the appropriate  steps  to  make  the
    51  existence and availability of the child advocate widely known, by appro-
    52  priate and active means, to children and adults.
    53    §  2. This act shall take effect April 1, 2020. Effective immediately,
    54  the addition, amendment and/or repeal of any rule or  regulation  neces-
    55  sary  for  the  implementation  of  this  act  on its effective date are
    56  authorized to be made and completed on or before such effective date.