What's happening
This bill requires chemical (drug and alcohol) testing for prospective and current foster parents, with positive results leading to denial or ongoing random tests.
Why it matters
Aims to enhance child safety in foster care. by mandating chemical (drug and alcohol) testing for all prospective foster parents, potentially reducing the risk of placing children in homes with substance abuse issues.
Could limit the pool of foster parents. since individuals who test positive for drugs or alcohol will be automatically denied, which may impact the availability of foster homes—especially in areas already facing shortages.
Introduces ongoing oversight for current foster parents. through random chemical testing, signaling a shift toward continuous monitoring rather than only initial screening, which may affect the sense of privacy and autonomy for foster families.
Raises questions about privacy, fairness, and implementation. including how testing will be conducted, how positive results are verified, and what substances are tested for—which could provoke debate about potential stigmatization and procedural justice for foster parents.
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Who cares
Headline styles
Drug Tests for Foster Parents
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to children and families
- Delivered to assembly
- Passed senateVote 60–0
- Ordered to third reading cal.2042
- Committee discharged and committed to rules
- Referred to children and families
- Referred to children and families
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Test Foster Parents for Drugs
In Assembly Committee · Children And Families · Sponsor J. Gary Pretlow
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5663
2017-2018 Regular Sessions
IN SENATE
April 24, 2017
Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families
AN ACT to amend the social services law, in relation to chemical testing for prospective foster care parents
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 378 of the social services law is amended by adding a new subdivision 6 to read as follows:
6. (a) No such license or certificate shall be awarded to a prospective foster parent prior to chemical testing, including, but not limited to, drug and alcohol testing. Notwithstanding any other provision of law to the contrary, an application for certification or licensure or approval of a prospective foster parent shall be denied where such chemical testing reveals a positive presence of drugs or alcohol in such prospective foster parent.
(b) The office of children and family services shall issue random chemical testing to foster parents, including, but not limited to, drug testing.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05217-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the social services law, in relation to chemical testing for prospective foster care parents
Purpose
Relates to chemical testing for prospective foster parents prior to certification.
Summary of specific provisions
This bill will amend section 378 of the social services law by adding a new subdivision 6. Subdivision 6 (a) will not allow such license or certificate to be awarded to a prospective foster parent prior to chemical testing, including, but not limited to drug and alcohol testing. In the given case if such chemical testing reveals a positive presence of drugs or alcohol in such a prospective foster parent the application for certification or licensure will be denied.
Once the foster parent is awarded license or certificate subdivision 6 (b) states that the department shall issue random chemical testing to foster parents, including but not limited to, drug and alcohol testing.
Justification
Social Services has reported various incidents where foster parents have been arrested for drug charges by State Police. Background checks are done prior to the approval of foster parents, but in certain cases there is no information that leads to the history of substance abuse. In order to locate suitable foster homes for children to insure their safety, foster parents should be required to take chemical testing prior to certification. If the testing is found to be positive the individual should be denied for application or certification.
Prior legislative history
2015 - 2016 A2142 referred to children and families A3925 2013-14 referred to children & families A2494 2009/2010 referred to children and families
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.