Relates to notice of indicated reports of child maltreatment and changes of placement in child protective and voluntary foster care placement and review proceedings; repealer

Reflecting a pronounced legislative trend at both Federal and State levels, Family Court's oversight responsibility for children in foster care has increased sharply in the past two decades. See Adoption and Safe Families Act of1997 [Public Law 105-89]; L. 1999, c. 7; L. 2005, c. 3. Both the Federal and State Adoption and Safe Families Acts emphasize that a child's safety is paramount, making it vital that the Court and the parties be informed Promptly of all events affecting child safety, especially indicated reports of abuse or maltreatment.

As important, the Federal ASFA measures success in terms of outcomes, i.e., the states' ability to reach Federally-established targets for timely achievement of permanency for children. The second "Child and Family Service Review (CFSR)," conducted by the Administration for Children and Families of the United States Department of Health and Human Services (HHS), in 2008, concluded that New York again ranked among the lowest Scores in the nation and demonstrated how far our State must go to achieving the Federal targets.(1) It is therefor crucial that steps be taken to ensure that Family Courts can exercise their important monitoring functions on the basis of complete, timely information. The 2005 permanency legislation, with its salutary provisions for continuing jurisdiction, was an important step, but further legislation is necessary to ensure that information regarding the most compelling of circumstances is conveyed to the court, the child's attorney and the parties on a timely basis in order to bring New York State into compliance with ASFA. This measure answers that need.

This measure would ensure that the parties and children's attorneys are informed promptly of any changes in placement and of any indicated reports of maltreatment that may warrant Family Court intervention. The measure would amend sections 1055 and 1089 of the Family Court Act, as well as section 358-a of the Social Services Law, to require an agency with which a child has been placed, either voluntarily or as a result of an abuse or neglect finding, or to whom guardianship and custody has been transferred as a result of the child being heed for adoption, to report to the attorney for the child not later than ten days in advance of any change in the child's placement status and not later than the next business day in any case in which an emergency placement change has been made. These provisions are consistent with recently issued policy directives of the State Office of Children and Family Services and the New York

City Administration for Children's Services, but would have the stronger force of statute.(2)

The measure adds two important requirements not contained in the new agency policies. First, it requires a report within five days of the date that any report of abuse or maltreatment is found to be indicated. Second, recognizing that fairness also compels such notifications to be made to the attorneys for all parties, not simply the attorneys for the children, the measure requires that both notices of changes in placement and indicated child maltreatment reports be conveyed to attorneys for the birth parents except in cases involving children freed for adoption. The two types of reports, in fact, are related, as the existence of an indicated report of maltreatment may bear directly upon the suitability of a planned status change. Indeed, there have been instances in which the existence of indicated child abuse reports has not come to light until the point of finalization of adoptions.

Significantly, this measure is fully responsive to concerns raised in then-Governor Paterson's 2010 Veto Message regarding A 8418, a bill passed by the Legislature that would have required notification to children's attorneys of changes in placement. First, by explicitly authorizing electronic transmission of notices, the measure minimizes the burden imposed upon the placement agencies. Second, since notifications are sent to the attorneys but not to the courts, the measure insures that court intervention would only occur in the rare case in which an application is made by one of the attorneys.

In few areas of the Court's functioning is its continuing jurisdiction as critical as in child welfare, where complex decisions regarding children must be adjusted to the dynamic of their constantly changing needs and circumstances. Federal and State statutes emphasize that a child's safety must be the paramount consideration and that timely achievement of permanence must be the central goal. Not only are these vital public policy concerns, but they also are determinative of the State's eligibility for several hundred million dollars of annual Federal foster care aid. Prompt receipt by the Court, the parties and attorneys for children of information regarding a child's ever-changing circumstances, both as to any child maltreatment suffered by the child and as to changes in the child's placement, is vital to effective exercise of Family Court's continuing jurisdiction and a critical component of the State's ability to comply with the ASFA funding eligibility mandates.

This measure would have no meaningful fiscal impact upon the State, and would take effect on the sixtieth day after it shall have become a law; provided, however, that section 2 shall take effect immediately and shall be deemed to have been in full force and effect since the effective date of chapter 342 of the laws of 20 10 and, effective immediately, the additions, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized and directed to be completed on or before such effective date.

Legislative history

None. New proposal.

Footnotes

(1) As in 2001, New York State scored poorly in the time for children to achieve permanency. See Final Report of the Child and Family Services Review of New York State: Executive Summary, p. 2 (March, 2009)(available at http://www.acf.hhs.gov/programs/cb/cwrp/executive/ny/html).

(2) N.Y.S. Office of Children and Family Services, "Notice of Placement Change to Attorneys for Children," Administrative Directive 10-0CFS-ADM-16 (Dec. 14, 2010); Memorandum of John B. Mattingly, Commissioner, N.Y.C. Administration for Children's Services, entitled "Notice of Placement Change to Attorneys for Children," dated Aug. 30, 2010.