Establishes the office of the child advocate

1 Co-sponsor

• Bill Perkins

Title of bill

An act to amend the executive law, in relation to the establishment of the office of the child advocate

General idea of bill

This bill would establish an independent Office of the Child Advocate, vested with the authority to examine systemic 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 would establish the 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 would be authorized to hire or appoint staff as deemed necessary. The Child Advocate would examine, evaluate, and report to the Governor and the legislature on: 1) Systemic issues in publicly funded programs and multi-systemic issues that children in the State's care and their families experience, 2) advocate for statutory, regulatory or policy changes aimed at improving outcomes and services for children and families in New York, 3) monitor the implementation of policies and regulations that may be applicable to the legal rights of children in the State's care, 4) recommend changes in State policies that may have an impact on certain publicly funded programs, 5) recommend changes in State policies that service children and families, 6) take appropriate actions aimed at promoting the rights, safety, well-being and best interests of children in New York.

The Child Advocate would be authorized to access, inspect, and copy records necessary to carry out its duties and apply for and accept grants.

The Child Advocate would report to the Governor and legislature information concerning: 1) the number and types of review or evaluations conducted by the Office of the Child Advocate, and 2) recommendations for legislative, regulatory, or public policy changes.

Justification

This bill would establish an 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 office is necessary to address systemic issues within state and local programs that serve children. These issues are not unlike those that exist nationwide.

The mission of the Office of the Child Advocate is to create and improve policies and procedures that will ensure the well-being of New York State's 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 6/7/08 - A.304, Passed Assembly, delivered to Senate, referred to Senate Rules Committee

Fiscal implications for state and local governments

To be determined.

Effective date

April 1, 2011