Bill Text: NY S05387 | 2023-2024 | General Assembly | Introduced

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Bill Title: Includes organizations and programs that provide community based services to individuals under twenty-one in the definition of provider or provider agency regarding the statewide central register of child abuse and maltreatment.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CHILDREN AND FAMILIES [S05387 Detail]

Download: New_York-2023-S05387-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5387

                               2023-2024 Regular Sessions

                    IN SENATE

                                      March 3, 2023
                                       ___________

        Introduced by Sens. HARCKHAM, SALAZAR -- read twice and ordered printed,
          and  when  printed  to  be  committed to the Committee on Children and
          Families

        AN ACT to amend the  social  services  law,  in  relation  to  including
          certain  programs  and  facilities  in  the  definition of provider or
          provider agency

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

     1    Section  1. Subdivision 3 of section 424-a of the social services law,
     2  as amended by chapter 611 of the laws of 2022, is  amended  to  read  as
     3  follows:
     4    3.  For  purposes  of  this  section, the term "provider" or "provider
     5  agency" shall mean: an authorized agency; the  office  of  children  and
     6  family services; a private, nonprofit incorporated agency that meets the
     7  state office of children and family services program standards for child
     8  advocacy  centers;  juvenile detention facilities subject to the certif-
     9  ication of the office of children and family services;  programs  estab-
    10  lished  pursuant  to  article nineteen-H of the executive law; organiza-
    11  tions and programs that provide community based services to  individuals
    12  under twenty-one years of age who are under the care or oversight of any
    13  of  the aforementioned provider agencies when the services provided have
    14  potential  for  regular and   substantial  contact with such individuals
    15  under twenty-one; non-residential or residential programs or  facilities
    16  licensed  or  operated  by the office of mental health or the office for
    17  people with developmental disabilities except family care homes; includ-
    18  ing head start programs which are funded pursuant  to  title  V  of  the
    19  federal  economic  opportunity  act  of  nineteen hundred sixty-four, as
    20  amended; early intervention  service  established  pursuant  to  section
    21  twenty-five  hundred  forty of the public health law; preschool services
    22  established pursuant to section forty-four hundred ten of the  education
    23  law;  special act school districts as enumerated in chapter five hundred

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05852-01-3
        S. 5387                             2

     1  sixty-six of the laws  of  nineteen  hundred  sixty-seven,  as  amended;
     2  programs  and  facilities  licensed  by  the  office  of  alcoholism and
     3  substance abuse services; residential schools which are operated, super-
     4  vised  or  approved  by  the  education department; health homes, or any
     5  subcontractor of such health homes, who contracts with or is approved or
     6  otherwise authorized by the department of health to provide health  home
     7  services  to  all  those  enrolled pursuant to a diagnosis of a develop-
     8  mental disability as defined in subdivision twenty-two of  section  1.03
     9  of  the  mental hygiene law and enrollees who are under twenty-one years
    10  of age under section three hundred sixty-five-l of this chapter, or  any
    11  entity  that provides home and community based services to enrollees who
    12  are under twenty-one years of age under a demonstration program pursuant
    13  to section eleven hundred fifteen of the federal  social  security  act;
    14  publicly-funded emergency shelters for families with children, provided,
    15  however,  for  purposes  of  this section, when the provider or provider
    16  agency is a publicly-funded emergency shelter for  families  with  chil-
    17  dren,  then all references in this section to the "potential for regular
    18  and substantial contact with individuals who are cared for by the  agen-
    19  cy"  shall  mean  the potential for regular and substantial contact with
    20  children who are served by such  shelter;  and  any  other  facility  or
    21  provider  agency, as defined in subdivision four of section four hundred
    22  eighty-eight of this chapter, in regard to the employment of  staff,  or
    23  use  of  providers  of  goods  and services and staff of such providers,
    24  consultants, interns and volunteers.
    25    § 2. This act shall take effect immediately.