Provides for notification to the state when a foster home is decertified, not renewed or a child is removed; requires evaluation to determine if home be re-opened

BILL NUMBER:S2301

Title of bill

An act to amend the social services law, in relation to foster home decertification, application for recertification, authorization for non-renewal, notice of removal of a child, and other required notices

Purpose or general idea of bill

To protect foster children from being placed in a home which has previously been found to be unsuitable for providing care.

Summary of specific provisions

Section 1 and 2 amend sections 376 and 377 of the Social Services Law, by requiring that when an agency or local social services commissioner. is screening a prospective foster parent to be certified or licensed, the agency or local commissioner must inquire with OCFS whether the applicant has ever been a foster parent before, and, if so, whether the certificate or license was revoked, not renewed, or a child was removed from the home. If any of these instances have occurred, the agency or commissioner must evaluate the circumstances and the reason(s) for such action, to determine whether a certificate should be issued and the home reopened.

Justification

When a child enters foster care, the state assumes the responsibility of providing a safe and secure environment for the child. However, this is not always the case. According to agency reports and hearing testimony, there continues to be instances where children are further abused or even killed by their foster parents.

State statute and regulations currently set screening requirements for prospective foster parents, including a check against the Statewide Central Registry of Child Abuse and Maltreatment (The Child Abuse Hotline), which houses (data on reports of abuse and maltreatment against individuals, including foster parents. However, such a check will only provide information for reported and investigated cases.

In some cases, when a foster parent is suspected of not providing a safe and secure environment, the caseworker will remove the child or children from the home, but will not revoke the certificate or license, or report the foster parent to the Child Abuse Hotline, Rather, the home remains open with no children placed there by the agency. Then, when the home is up for annual renewal, the agency simply does not renew their certification.

In such cases, the foster parent may simply apply to another agency to take foster children. Without a formal mechanism in place to check on the prior history of the applicant and to follow up with any previous agencies, the new agency could certify the applicant without even knowing about prior problems, and as a result, place more children in jeopardy.

This bill would address these gaps by requiring the local commissioner of social services to review the history of removals, revocations, and non-renewals of certificates and licenses, including the reason for such actions.

Prior legislative history

2013-2014 S.6293: referred to children and families

Fiscal implications

None.

Effective date

§ 3. This act shall take effect on the one hundred eightieth day after it shall have become a law, provided, however, that effective immediately, the addition, amendment and/or repeal of any rules or regulations necessary for the implementation of the foregoing sections of this act on its effective date is authorized and directed to be made and completed on or before such effective date.