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   15  LICENSE OR APPROVAL WAS REVOKED, NOT RENEWED, OR  A  CHILD  WAS  REMOVED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.