Relates to destitute children; repealer

BILL NUMBER:S364

Title of bill

An act to amend the family court act and the social services law, in relation to destitute children; and to repeal certain provisions of the social services law relating thereto

Justification

Currently, the Social Services Law (SSL) and the New York State Constitution require 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. Prior to enactment of the permanency legislation in 2005 (Chapter 3 of the laws of2005) proceedings to initiate and review the placement of destitute children in foster care were commenced by petitions brought pursuant to section 392 of the Social Services Law; however section 392 was repealed under such legislation. The lack of process precludes the districts from obtaining federal funding toward the cost of providing care to some of destitute 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.

Summary of provisions

Section 1 of the bill amends Family Court Act (FCA) section 115 to clarify that the Family Court has jurisdiction over proceedings concerning destitute children.

Sections 2 and 3 of the bill amends FCA section 249 and 262 to provide destitute children, their parents and foster parents with the same provisions regarding appointment of counsel, as currently afforded to children, parents and foster parents in the foster care system.

Section 4 of the bill creates a new Article 10-B of the Family Court Act regarding destitute children. Four new sections of law are created under Article 10-B: 1091. Definitions; 1092. Originating proceedings and preliminary procedure; 1093. Initial appearance; and 1094. Fact finding and disposition.

Section 5 through 9 of the bill amend PCA Article 10-A (Permanency Hearings for Children Placed out of Their Homes) sections 1086, 1088, 1089 and 1090 to extend the Article's provisions to include destitute children.

Section 10 of the bill amends the definition of "destitute child" under SSL section 398(1). Section 11. Repeals SSL 398(6)(i); as it is no longer used in practice.

Section 12 of this provides for an immediate effective date, but provides social services districts up to 90 days following the effective date to file petitions for destitute children who are already in their care on the effective date.

Legislative history

This is a new proposal.

Budget implications

This bill has no fiscal implication to the state. However, the bill has a positive fiscal impact on counties as it will allow social services districts to receive federal reimbursement for approximately 50% of the costs of care for eligible destitute children.

Effective date

This bill would have an immediate effective date, with provisions.