What's happening
This bill requires foster care children to receive medically necessary home care services, with regular assessment and reporting by health agencies.
Why it matters
Ensures continuity and oversight in medical care for foster children. by requiring foster care workers and parents to coordinate and maintain any medically necessary home care services until a qualified authority determines they are no longer needed.
Mandates transparent communication and accountability. among home health agencies, physicians, foster care agencies, and foster parents, including sharing of assessments and monthly progress reports, which could help prevent lapses or inconsistencies in care.
Introduces clear protocols for service changes. , requiring agencies to notify all key parties—including the child's physician and foster care worker—before discontinuing any home care services, which aims to safeguard against abrupt termination of medically needed support.
May improve health outcomes and advocacy for foster children. , as regular assessments and reporting create a documented history of care and needs, potentially reducing medical neglect and ensuring children receive appropriate interventions.
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Who cares
Foster parents
They would receive home care assessments and monthly reports and must continue allowing medically necessary services until an authorized agency or provider determines they are no longer needed.
Foster care workers
They would have to help foster parents obtain medically necessary services after a child's comprehensive medical examination or a local social services district's waiver of that examination.
Certified home health agencies and licensed home care services agencies
They would have to share assessments, provide monthly progress and diagnosis reports, and notify the child's physician, foster care worker and foster parent before discontinuing services, including the reason.
Referring physicians and authorized foster care agencies
They would receive copies of home care assessments and monthly reports on foster children's progress and diagnoses.
Headline styles
Require Foster Kids’ Medical Checks
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to children and families
- Referred to children and families
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6125
2019-2020 Regular Sessions
IN SENATE
May 16, 2019
Introduced by Sen. MONTGOMERY -- 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 and the public health law, in relation to the medical evaluation of children placed in foster care
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The social services law is amended by adding a new section 383-d to read as follows:
§ 383-d. Home care evaluations for foster care children. 1. Upon the completion of a comprehensive medical examination of the child, or upon a waiver of such examination by the local social services district, the foster care worker assigned to the child shall assist the foster care parent in acquiring any services deemed medically necessary for the child.
2. The foster parent must continue to allow for the provision of such services for the foster care child until such time as the authorized agency, examining physician, certified home health agency, or licensed home care services agency determines that such services are no longer necessary.
§ 2. The public health law is amended by adding a new section 3620-a to read as follows:
§ 3620-a. Home care services to children placed in foster care. 1. For purposes of this section, the term "home health care agency" shall include both a certified home health agency and a licensed home care services agency.
2. Whenever a home health care agency performs an assessment of a child to be placed in foster care, the agency must provide a copy of such assessment to the referring physician, the authorized foster care agency, and the foster parent.
3. Whenever a home health care agency provides services to a child who is in foster care, such agency must provide a monthly report on the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11896-01-9
S. 6125 2
progress and diagnosis of the child. Such report shall be provided to the referring physician, the authorized foster care agency, and the foster parent.
4. Prior to discontinuing any services, the home health care agency must inform the foster child's physician, the foster care worker, and the foster parent of such change and the reason for the change.
§ 3. This act shall take effect immediately.
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 and the public health law, in relation to the medical evaluation of children placed in foster care
Purpose
This bill will provide continuity to the medical services provided to children in foster care and prevent the premature discharge of necessary services.
Summary of provisions
Section 1 adds a new section 383-d to the social services law, by requiring foster care workers to assist foster parents in setting up medical services for the child in their care.
Section 2 adds a new section 3620-a to the public health law, by requir- ing home care agencies to report the outcomes of their assessments with all parties, as well as providing a monthly assessment on the foster child's status. This section also requires that prior to discharging any medical services, the home care agency shall inform the treating physi- cian, the foster care worker and the foster parent of the reason for such change in service.
Section 3 provides an immediate effective date.
Existing law
None.
Justification
On Tuesday July 8, 2003, little 8-year-old Stephanie Ramos, a foster child with multiple handicaps died. Her body was then placed in a garbage bag and dumped onto the curb by her panicked foster mother. Although it appears Stephanie died of natural causes, the lack of proper medical care surely exacerbated her condition. Up until November of 2002, Stephanie had a visiting nurse who saw her regularly and helped care for her, but for some unexplained reason, the foster mother discharged the nurses' services. The Administration for Children's Services commented that the visiting nurse was a free optional service that the foster mother felt was no longer necessary. However, the Asso- ciation to Benefit Children (the contract agency handling Stephanie's case) stated they were unaware that there were no services in the home.
Foster parents, especially those caring for special needs children, often get overwhelmed without proper assistance. Furthermore, foster parents who care for special needs children receive only 5 hours of training to prepare for handling things like feeding tubes and medica- tions. Regardless of what a foster parent feels is necessary, the deci- sions on a foster child's medical care (who is still deemed to be a ward of, and the responsibility of, the State) should be left with the medical professionals trained to make such determinations. It is also of paramount importance that there is communication between the child's
physician, home care nurse, and foster care worker, so proper care can be facilitated.
Legislative history
2003/04: S.5734/A.10912 - Died in committee
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.