What's happening
This bill requires chemical (drug and alcohol) testing for prospective foster parents and random testing for current foster parents.
Why it matters
Potentially reduces risks to foster children. by aiming to ensure that caregivers are not under the influence of drugs or alcohol, which could compromise child safety and well-being.
May impact foster parent recruitment. by adding an additional barrier to entry, possibly discouraging some applicants—this could affect the overall pool of available foster homes.
Increases oversight and accountability. for existing foster parents through the introduction of random chemical testing, which could serve as a deterrent to substance abuse but also raises questions about privacy and the logistics of implementation.
Signals a policy shift toward stricter monitoring. of foster care environments, reflecting broader public concerns about child welfare, but it may also draw criticism regarding potential stigmatization or the accuracy and fairness of chemical testing procedures.
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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
- 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.
Require Drug Tests for Foster Parents
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
4598
2019-2020 Regular Sessions
IN SENATE
March 15, 2019
Introduced by Sens. PARKER, BAILEY -- 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.
LBD04960-01-9
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 chemi- cal 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
2017-18: S5663 - passed the Senate, delivered to the Assembly 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.