Provides court appointed special advocates access to certain records associated with child abuse and neglect cases

Section 2 amends Social Services Law §372(4) by adding a new paragraph (C) to include on the list of entities with access to specific child protective records necessary for CASA to fulfill the functions for which it was appointed by the court upon notice and an opportunity to be heard by all parties.

Section 3 set the effective date.

Justification

CASA (Court Appointed Special Advocates) is a volunteer based program of advocates for children in Family Court proceedings who have been abused, neglected or are at risk. These specially trained and closely supervised volunteers, appointed directly by Family Court judges, get to know each child and report to the Family Court in great detail about the child's circumstances. They ensure that children receive adequate medical and educational attention, access to any other necessary services, and help ensure that court orders are being followed. Nationally, the CASA network involves over 58,000 volunteers, having served over 2 million children since its inception in 1977. The New York State CASA network began in 1979 and currently has 22 CASA programs serving 33 counties in New York State. In 2007, over 800 volunteers donated more than 90,000 hours serving almost 4,000 of New York's most vulnerable children.

Part §43.0 of the Rules of the Chief Judge of New York State says "recognizing the vital role that a Court Appointed Special Advocates program ("CASA program") can perform in aiding Family Court efforts to further the health, safety and well-being of children.....this rule is promulgated to standardize use of CASA programs in the courts of this state..." Under §43.1 "A CASA program may be appointed by Family Court in its discretion to provide assistance to the Court in cases regarding children in or at risk of out-of-home placement."

When Family Court assigns a program such as CASA to aid the court the assistance must be within the "legal authority of the court and the agency" (Matter of Nathan S., 198 AD 2d 557). Based on Family Court Act §255 authorizing Family Court "to direct officers and agencies to render assistance and cooperation which are in the best interests of the child..." the New York State Appellate Division, Third Department, re-affirmed this authority on May 26, 2005. (Matter of Michelle HH., 18 AD 3d 1075, 797 NYS 2d 567; Matter of Sarah FF., 18AD3d 1072, 797 NYS 2d 571).

In order to fulfill that assignment and provide comprehensive information, CABA volunteers need access to information it is statutorily now barred from receiving. Currently, CASA is not identified in the list of appropriate agencies to which confidential records may be released under Social Services Law §422(A)(4) regarding Child Protective Services records; nor under Social Services Law §372(4)(a) regarding foster care records. (Matter of Michelle HH., 18 AD3d 1075, 797 NYS 2d 567; Matter of Sarah FF., 18AD3d 1072, 797 NYS 2d 571; May 26, 2005); nor under Mental Hygiene Law §33.13.

Without access to confidential Child Protective Services or foster care information CASA volunteers are severely limited in their ability to provide assistance to Family Courts. Across New York State, there have been a variety of legal interpretations of the above referenced decisions. As a result, the majority of the counties in which CASA programs operate have experienced a change in their relationship with their Departments of Social Services. Those changes range from a complete inability to access any records at all, whether written or verbal; to limited ability to access caseworkers, children or foster parents. This has created an ongoing and growing challenge to the efficacy of the CASA mission.

This legislation would amend Social Services Law §422(A) and add a new subsection(c) to Social Services Law §372(4) to include Court Appointed Special Advocates on the long lists of agencies having appropriate access to confidential information. This exemplifies government officials developing and implementing sound policies and programs which best serve the vulnerable children in foster care.

CASA is committed to working collaboratively to assist the family courts in reaching sound decisions with the goal of helping to protect the safety and well-being of children. This bill will enhance service to New York State's most vulnerable children while protecting the integrity and confidentiality of the process designed to help them. At a time of growing social ills that are exacerbating the incidents of abuse and neglect, it is essential that children are offered all the assistance they deserve and the hope of a brighter tomorrow.

The passage of this legislation is a key factor in CASA's ability to progress toward providing an advocate for every child who needs one. During this lime of fiscal restraint and challenge, CASA volunteers provide a no-cost support system to some of the State's most at-risk children. They work with only one or two children at a time, so these highly trained and caring individuals can provide detailed and essential information requested by the court in support of finding a safe and permanent home as soon as possible for children who have experienced abuse or neglect. The child advocacy services that CASA provides are invaluable to the children, cost effective to our State's communities, and helpful to courts dealing with a multitude of cases.

Legislative history

2007-2008 - S.7181B Advanced to third reading

Fiscal implications

None.

Effective date

Immediately.