Bill Text: NY S09139 | 2017-2018 | General Assembly | Introduced
Bill Title: Requires authorized agencies to report on unaccompanied alien children under such agencies' care; provides that a person who knowingly submits false information shall be guilty of offering a false instrument for filing; provides that the commissioner of social services may deny, revoke, or terminate an authorized agency's existing licensure or registration for failure to report such information in the prescribed time frame.
Spectrum: Partisan Bill (Democrat 21-0)
Status: (Introduced - Dead) 2018-07-25 - REFERRED TO RULES [S09139 Detail]
Download: New_York-2017-S09139-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ S. 9139 A. 11271 SENATE - ASSEMBLY July 25, 2018 ___________ IN SENATE -- Introduced by Sen. BENJAMIN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules IN ASSEMBLY -- Introduced by COMMITTEE ON RULES -- (at request of M. of A. Epstein) -- read once and referred to the Committee on Children and Families AN ACT to amend the social services law, in relation to reporting of unaccompanied alien children by authorized agencies The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known as and may be cited as the "SCAR 2 Act" or the "Separation of Children Accountability Response Act". 3 § 2. Section 372 of the social services law is amended by adding a new 4 subdivision 9 to read as follows: 5 9. (a) An authorized agency as defined in paragraphs (a) and (b) of 6 subdivision ten of section three hundred seventy-one of this title shall 7 be required to report the following information to the commissioner 8 every fifteen days: 9 (i) the number of unaccompanied alien children newly accepted into the 10 authorized agency's care within the previous fifteen days under a 11 contract, grant, or other agreement with the federal government; 12 (ii) the number of unaccompanied alien children released from the 13 authorized agency's care within the previous fifteen days under a 14 contract, grant, or other agreement with the federal government; 15 (iii) the number of unaccompanied alien children currently under the 16 authorized agency's care under a contract, grant, or other agreement 17 with the federal government at the time of the report; 18 (iv) the median and mean number of days unaccompanied alien children 19 have spent in the care of the authorized agency under a contract, grant, 20 or other agreement with the federal government and the total number of 21 days spent in the custody of the federal government, if known; 22 (v) (1) the number of unaccompanied alien children in the authorized 23 agency's care who were removed from the care or custody of their parents 24 by an official, agent or agency of the federal government while entering EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16412-03-8S. 9139 2 A. 11271 1 or attempting to enter the United States or after having entered the 2 United States, and (2) the number of unaccompanied alien children previ- 3 ously removed from the custody of their parents and placed in the 4 authorized agency's care that have been restored to the custody of their 5 parents; 6 (vi) the number of unaccompanied alien children in the authorized 7 agency's care whose primary language is not English, including the 8 number of children speaking each language and the primary language 9 spoken by such children; 10 (vii) the number of unaccompanied alien children placed into partic- 11 ular types of care or custody including, but not limited to, transi- 12 tional foster care, long-term foster care, secure care or staff-secure 13 care; and 14 (viii) any other information the commissioner deems necessary. 15 (b) Reports to the commissioner shall not reveal identifying informa- 16 tion about specific cases or individuals, and the commissioner shall 17 ensure that all reporting requirements comply with federal laws, regu- 18 lations, and policies. A person who knowingly submits false information 19 required by this subdivision shall be guilty of offering a false instru- 20 ment for filing under article one hundred seventy-five of the penal law. 21 (c) The commissioner may deny, revoke, or terminate an authorized 22 agency's existing licensures or registrations for failure to provide 23 such information in the prescribed time frame. 24 (d) The commissioner shall compile such data utilizing the office of 25 children and family services' bureau of research, evaluation and 26 performance analytics (hereinafter referred to as the "bureau"). The 27 bureau, or its successor agency, shall supply such information to the 28 commissioner and government officials upon request, and shall make such 29 information available to the public in a manner accessible to the public 30 in real-time. 31 (e) For purposes of this subdivision, the term "alien" is defined as 32 any person not a citizen or national of the United States, the term 33 "child" shall have the same meaning as defined in section three hundred 34 seventy-one of this title, and the term "unaccompanied" with regard to 35 an alien child is defined consistent with federal law and shall include 36 children who were unaccompanied when they crossed the border and chil- 37 dren who were not accompanied when they crossed the border but were 38 rendered unaccompanied by removal from the care or custody of their 39 parent or guardian. 40 § 3. This act shall take effect immediately.