Bill Text: NY A10143 | 2011-2012 | General Assembly | Amended
Bill Title: Provides for notification to the state when a foster home is decertified, not renewed or a child is removed; requires evaluation to determine if certificate should be issued and the home be re-opened.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2012-06-14 - REFERRED TO RULES [A10143 Detail]
Download: New_York-2011-A10143-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 10143--A I N A S S E M B L Y May 9, 2012 ___________ Introduced by M. of A. ESPINAL -- read once and referred to the Commit- tee 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 foster home decertification, application for recertification, authorization for non-renewal, notice of removal of a child, and other required notices THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision 1 of section 376 of the social services law, as 2 amended by chapter 677 of the laws of 1985, is amended to read as 3 follows: 4 1. An authorized agency which shall board out any [child/or] CHILD 5 AND/OR minor under the age of eighteen years shall issue to the person 6 receiving such child and/or minor for board a certificate to receive, 7 board or keep a [child/or] CHILD AND/OR minor under the age of eighteen 8 years. Prior to issuing such certificate, the agency shall require that 9 an applicant set forth: his or her employment history, provide personal 10 and employment references and sign a sworn statement indicating whether 11 the applicant, to the best of his or her knowledge, has ever been 12 convicted of a crime in this state or any other jurisdiction. THE AGEN- 13 CY SHALL DETERMINE WHETHER THE APPLICANT HAS EVER HELD SUCH A CERTIF- 14 ICATE, OR A LICENSE OR APPROVAL AND, IF SO, WHETHER THE CERTIFICATE, 15 LICENSE OR APPROVAL WAS REVOKED, NOT RENEWED, OR A CHILD WAS REMOVED 16 FROM THE HOME, AND THE REASON THEREFOR. IN SUCH INSTANCES, THE AGENCY 17 SHALL EVALUATE THE CIRCUMSTANCES, PURSUANT TO REGULATIONS ESTABLISHED BY 18 THE OFFICE, TO DETERMINE WHETHER A CERTIFICATE SHOULD BE ISSUED AND THE 19 HOME RE-OPENED. Not until all inquiries are completed and evaluated 20 shall the agency cause such certificate to be issued. 21 S 2. Subdivision 1 of section 377 of the social services law, as 22 amended by chapter 677 of the laws of 1985, is amended to read as 23 follows: 24 1. Application for a license to receive, board or keep any child shall 25 be made in writing to the commissioner of social services in and for the 26 social services district wherein the premises to be licensed are EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02668-02-2 A. 10143--A 2 1 located, in the form and manner prescribed by the [department] OFFICE OF 2 CHILDREN AND FAMILY SERVICES. The [department] OFFICE shall require 3 that an applicant set forth: his or her employment history, provide 4 personal and employment references and sign a sworn statement indicating 5 whether, to the best of his or her knowledge, he or she has ever been 6 convicted of a crime in this state or any other jurisdiction. THE 7 COMMISSIONER SHALL ALSO DETERMINE WHETHER THE APPLICANT HAS EVER HELD 8 SUCH A LICENSE, OR A CERTIFICATE OR APPROVAL, AND, IF SO, WHETHER THE 9 LICENSE, CERTIFICATE OR APPROVAL WAS REVOKED, NOT RENEWED, OR A CHILD 10 WAS REMOVED FROM THE HOME, AND THE REASON THEREFOR. IN SUCH INSTANCES, 11 THE COMMISSIONER SHALL EVALUATE THE CIRCUMSTANCES, PURSUANT TO REGU- 12 LATIONS ESTABLISHED BY THE OFFICE, TO DETERMINE WHETHER A LICENSE SHOULD 13 BE ISSUED AND THE HOME RE-OPENED. Not until all inquiries are completed 14 and evaluated shall the commissioner of social services cause such 15 license to be issued. 16 S 3. This act shall take effect on the one hundred eightieth day after 17 it shall have become a law, provided, however, that effective immediate- 18 ly, the addition, amendment and/or repeal of any rules or regulations 19 necessary for the implementation of the foregoing sections of this act 20 on its effective date is authorized and directed to be made and 21 completed on or before such effective date.