Relates to permanency for destitute children, reinstatement of parental relationships and enhancement of supervised independent living programs; repealer

Section 2 of the bill would amend SSL § 374-b(3) to clarify that an authorized agency does not have to notify the applicable municipality when establishing a supervised independent living program (SILP), or a unit which is part of a SILP.

Sections 3 and 4 of the bill would amend the section heading of SSL § 384-b and add a new subdivision 13 to reference the vacatur of the commitment of guardianship and custody of a child, as authorized under bill section thirteen.

Section 5 of the bill would add a new section 384-d to the SSL to establish a process whereby a local commissioner of social services may assume care and custody of a child who appears to be destitute. The local commissioner must file a petition in Family Court within fourteen days of assuming care of the child. The court must appoint a law guardian to represent the child, make findings related to the child's eligibility for federal reimbursement for a portion of the cost of the child's care, order an investigation of the child's family circumstances, set return dates to review the investigation and hold a permanency hearing, and determine the disposition of the child.

Sections 6 through 10 of the bill would make conforming amendments to SSL § 398 relating to destitute children.

Section 11 of the bill would amend SSL § 398-e to authorize foster care services for alien children.

Section 12 of the bill would amend FCA § 249 to clarify that a destitute child is entitled to law guardian representation.

Section 13 of the bill would add a new Part 1-A to the FCA Article 6 to establish a procedure to vacate the order of disposition committing the guardianship and custody of a child to a local commissioner of social services and to reinstate parental rights where: the termination of parental rights occurred at least three years prior to the petition; the legal basis for the termination of parental rights was not severe or repeated abuse; the child and the parent whose rights are being reinstated consents; and the child is fourteen years or older, is under the jurisdiction of the family court, and has neither been adopted nor has an adoption proceeding pending. A court may approve a petition if it is in the best interest of the child. Where appropriate, the court may stay the proceeding for up to six months and order a trial discharge to the physical custody of the parent.

Sections 14 through 18 of the bill would amend provisions of FCA Article 10-A to require permanency hearings for destitute children.

Section 19 of the bill provides for an effective date of90 days after enactment.

Existing law

SSL § 371 defines terms used in Article 6 of the SSL pertaining to children.

SSL § 374-b provides authority for authorized agencies to establish agency-operated boarding homes including SILPs.

SSL § 384-b provides a process for termination of parental rights where a child is abandoned, permanently neglected, or severely or repeatedly abused; or where the parent has a mental illness or mental retardation which places the child in danger of becoming a neglected child.

SSL § 398 sets forth the duties and responsibilities of a local commissioner of social services for abused, neglected, abandoned, destitute, and delinquent children and persons in need of supervision.

SSL § 398-e provides that aliens are eligible for adult and child protective services and residential services for victims of domestic violence.

FCA § 249 enumerates the types of proceedings in which a child is entitled to law guardian representation.

FCA Article 6 provides a process for the court to determine that a child is permanently neglected, and for adoption, custody and guardianship of a child.

FCA Article 10-A sets forth the purpose, process, and requirements for permanency hearings for a child in foster care.

Prior legislative history

Some of the provisions of this bill previously were included in S.7443/A.10807 of 2008 and S.7404/A.10804 of 2008. Both bills were referred to the Senate Social Services, Children and Families Committee and the Assembly Children and Families Committee.

Statement in support

This bill includes three components to improve permanency for children in the child welfare system. It provides a process for a local commissioner of social services to assume responsibility for a destitute child, allows a termination of parental rights to be vacated under limited circumstances, and facilitates the establishment of SILPs for older foster children.

A destitute child is a child with certain needs who is found to have no parents or other legally responsible people to address those needs. For example, a young child who was adopted from another country whose adoptive parent passed away could be a destitute child. Another

example is a child victim of human trafficking who is found within New York State without a family member to care for him or her.

Currently, the SSL requires that the local social services district commissioner assume the care of destitute children. However, there is no statutory process for bringing the children into the legal custody of the local commissioner or for an initial or on-going judicial review of their placements. This lack of process also precludes the districts from obtaining federal funding toward the cost of providing care to some of these children. This proposal will better protect these children by requiring law guardians to be appointed for them, establishing on-going court oversight of their placements, and enabling social services districts to receive federal reimbursement toward the cost of caring for eligible children.

A second aspect of this bill addresses a small number of cases where it may be appropriate to vacate the order of disposition committing a child to the guardianship and custody of a local commissioner of social services or authorized agency and reinstate the rights of the child's parent. There are older children who have been in foster care for extended periods of time and are freed for adoption, but have not been adopted because there have been no adoption resources identified or the individual is unwilling to be adopted because of his or her continuing bond with the birth parents. In such a case, the birth parents may be appropriate permanency resources, if the parents have addressed the issues that led to the original termination of their parental rights. In these limited circumstances, the bill permits the court to reinstate parental rights, with the consent of the child and the parent whose rights are being reinstated, and when it is in the best interest of the child.

Finally, the bill addresses an ambiguity regarding whether an authorized agency is required to notify the applicable municipality that it is establishing a SILP unit. Currently, such notification is required for the establishment of agency operated boarding homes (AOBHs), which generally are located in family dwellings, house up to eight foster children along with on site staff, and operate on a long-term basis. Although SILP units are statutorily classified as AOBHs, they are significantly different from the average AOBHs. A typical SILP unit is an apartment housing two or three older foster children who are living on their own with periodic visitation and support from agency staff while the children learn independent living skills. A SILP unit usually exists as a foster care program for a short period of time because the youth often remain in, and assume the lease for, the apartment once they are discharged from foster care. As a result, authorized agencies regularly eliminate certain apartments as SILP units and establish new units in other apartments as different foster children become eligible for that level of care. Given this high turnover, it is impractical and of questionable utility to require that a municipality be notified of the establishment of each new SILP unit.

Budget implications

This bill has no fiscal implications, although it may enable social services districts to receive federal reimbursement for a portion of the costs of care for destitute children and may save costs to social services districts where youth are discharged from foster care to their parents.

Effective date

This bill would take effect 90 days after enactment.