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History
- Reported and committed to codes
- Referred to children and families
- Referred to children and families
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
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
Purpose
To protect foster children from being placed in a home which has previously been found to be unsuitable for providing care.
Summary of provisions
Section 1 and 2 amend sections 376 and 377 of the Social Services Law, by requiring that when an agency or local social services commissioner is screening a prospective foster parent to be certified or licensed, the agency or local commissioner must inquire with OCFS whether the applicant has ever been a foster parent before, and, if so, whether the certificate or license was revoked, not renewed, or a child was removed from the home. If any of these instances have occurred, the agency or commissioner must evaluate the circumstances and the reason(s) for such action, to determine whether a certificate should be issued and the home reopened.
Read the full memo (800 words)
Section 3 amends section 379 of the Social Services law, by adding non-renewal of certificates and licenses and removal of a child, as instances for notification to OCFS.
Existing law
Currently, under section 379 of the Social Service Law, the only requirement to notify OCFS is when a certification or license is revoked. The law does not require that OCFS be informed as to the reason(s) why the certification or license was revoked. There is no statutory requirement for agencies or local social services commissioners to make an inquiry to OCFS regarding an applicant's prior history as a foster parent, before issuing a new certificate or license.
Justification
When a child enters fostercare, the state assumes the responsibility of providing a safe and secure environment for the child. However, this is not always the case. According to agency reports and hearing testimony, there continues to be instances where children are further abused or even killed by their foster parents.
State statute and regulations currently set screening requirements for prospective foster parents, including a check against the Statewide Central Registry of Child Abuse and Maltreatment (The Child Abuse Hotline), which houses data on reports of abuse and maltreatment against individuals, including foster parents. However, such a check will only provide information for reported and investigated cases.
In some cases, when a foster parent is suspected of not providing a safe and secure environment, the caseworker will remove the child or children from the home, but will not revoke the certificate or license, or report the foster parent to the Child Abuse Hotline. Rather, the home remains open with no children placed there by the agency. Then, when the home is up for annual renewal, the agency simply does not renew their certification.
In such cases, the foster parent may simply apply to another agency to take foster children. Without a formal mechanism in place to check on the prior history of the applicant and to follow up with any previous agencies, the new agency could certify the applicant without ever knowing about prior problems, and as a result, place more children in jeopardy.
OCFS does currently have a mechanism for checking information on prospective foster parents. OCFS' computerized foster parent registry is intended to house information on all current and former foster parents. Internal policies direct caseworkers to check the registry before a new foster parent can be certified and added to the system. However, there is no formal guidance as to how to evaluate any problems. Further, the system contains limited information on the reason(s) a home was closed or a child removed.
This bill would address these gaps by requiring that OCFS maintain a history of removals, revocations, and non-renewals of certificates and licenses, including the reason for such actions. It further directs OCFS to establish regulations to help agencies and local social service commissioners evaluate the circumstances around such actions, and decide whether to reopen the home. Similar regulations and procedures already exist for evaluating indicated reports from the Child Abuse Hotline and instances where applicants have a criminal history.
Legislative history
2008: S.1500 - Referred to Social Services, Children & Families 2007: S.1500 - Referred to Social Services, Children & Families 2006: S.2331/A.4373 - Passed Assembly 2004: S.4803/A.4530 - Passed Assembly 2003: S.4803/A.4530 - Died in Committee 2001-02: A.6761-A - Passed Assembly 1999-00: A.5591 - Passed Assembly
Fiscal implications
None.
Effective date
This act shall take effect on 180th day after it shall become law, provided however, that effective immediately, the addition, amendment and/or repeal of any rules or regulations necessary for the implementation of the forgoing sections of this act on its effective date are authorized and directed to be made and completed on or before such effective date.
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