Establishes the independent office of the child advocate; repealer

30 Co-sponsors

• William Scarborough
• Michele Titus
• Amy Paulin
• Rhoda Jacobs
• Carl Heastie
• Michael Benjamin
• Michael Benedetto
• Crystal Peoples-Stokes
• Naomi Rivera
• William Colton
• Susan John
• Ronald Canestrari
• Sandy Galef
• Audrey Pheffer
• Ginny Fields
• N. Nick Perry
• Nettie Mayersohn
• William Boyland
• Thomas Alfano
• Marc Butler
• Annette Robinson
• Carmen E. Arroyo
• Ellen C. Jaffee
• Vivian Cook
• Mike Spano
• Inez Barron
• Vanessa Gibson
• Adriano Espaillat
• Frank Skartados
• Brian Kavanagh

30 Multi-sponsors

• Robert Barra
• Kevin Cahill
• Nancy Calhoun
• Karim Camara
• Joan Christensen
• Clifford Crouch
• Joseph Errigo
• Herman D. Farrell
• Gary Finch
• David Gantt
• Richard Gottfried
• Dov Hikind
• Janele Hyer-Spencer
• George Latimer
• Barbara Lifton
• Donna Lupardo
• John McEneny
• Thomas McKevitt
• Grace Meng
• Joel Miller
• Joan Millman
• Marcus Molinaro
• Catherine Nolan
• Robert Reilly
• Teresa Sayward
• Robert Sweeney
• Darryl Towns
• David Townsend
• Harvey Weisenberg
• Keith L.T. Wright

BILL NUMBER:A3233B

Title of bill

An act to amend the executive law, in relation to the establishment of the independent office of the child advocate; and repealing certain provisions of such law relating to the office of the ombudsman

Purpose or general idea of bill

This bill would establish an Independent Office of the Child Advocate, vested with the authority to examine issues in state-funded programs in order to advocate for the rights, *safety, and well-being of children in the State's care.

Summary of specific provisions

Section 1 establishes the Independent Office of the Child Advocate within state government, headed by the Child Advocate appointed by the Governor for a five-year term.

The Child Advocate shall examine, evaluate, and report to the Governor and the legislature on issues in publicly funded programs and multi-systemic issues that children in the State's care and their families experience; advocate for statutory, regulatory or policy changes aimed at improving outcomes and services for children and families in New York; monitor the implementation of policies and regulations that may be applicable to the legal rights of children in the State's care; recommend changes in State policies that may have an impact on certain publicly funded programs; recommend changes in State policies that service children and families; and take appropriate actions aimed at promoting the rights, safety, well-being and best interests of children in New York,

The Child Advocate shall also take actions, such as public education programs and proposals for reform, in order to secure and ensure children's legal and civil, rights; make the availability of the Child Advocate known; and create informational materials for children regarding their rights while in the state's cure.

Effects of present law this bill would alter

Current law does not provide for any office that performs the functions that would be performed by the Independent Office of the Child Advocate/

Justification

This bill would establish an Independent Office of the Child Advocate, similar to offices that currently exist in numerous other states including New Jersey, Massachusetts, Connecticut, Delaware, and Rhode island, among others.

This bill is a response to recent reports from the Governor's Task Force on Transforming Juvenile Justice and the United States Department of Justice, Civil Rights Division that found egregious, system-wide civil rights violations and serious problems in our state's juvenile justice system. This bill incorporates some of the suggestions outlined in the reports.

One of the most important duties of the state is to protect children in its care. The mission of the Independent Office of the Child Advocate is to ensure the safety and well-being of children. The Office is authorized to accomplish this by addressing concerns within state and local programs that serve children, making recommendations

to improve systems that serve children, and working with, agencies and entities to ensure the best possible outcomes for children.

Prior legislative history

6/17/04 reported from Assembly Children and Families Committee to Codes Committee 6/20/05 - A.6334/S.6877, passed Assembly, delivered to Senate 1/4/06 Died in Senate, returned to Assembly 3/2/06 - referred to Senate Social Services, Children and Families Committee 6/21/06 - Passed Assembly, delivered to Senate, referred to Senate Rules Committee 1/17/07 A,304, reported from Assembly Children and Families Committee to Codes Committee 1/23/07 - A.304, reported to Assembly Ways and Means Committee 6/22/09 - A.304, Passed Assembly, delivered to Senate, referred to Senate Rules Committee 6/22/09 - A.3233-A, Passed Assembly, delivered to Senate, referred to Senate Rules Committee

Fiscal implications

To be determined.

Effective date

April 1, 2011