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A02178 Summary:

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A02178 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2178--A
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 9, 2013
                                       ___________
 
        Introduced  by  M.  of  A.  ESPINAL,  LAVINE,  BORELLI, ROSA, ROBERTS --
          Multi-Sponsored by -- M. of A. RIVERA -- read once and referred to the
          Committee on Children  and  Families  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee
 

        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
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 1 of section 376 of the social services law, as
     2  amended  by  chapter  677  of  the  laws  of 1985, is amended to read as
     3  follows:
     4    1. An authorized agency which shall board  out  any  [child/or]  child
     5  and/or  minor  under the age of eighteen years shall issue to the person
     6  receiving such child and/or minor for board a  certificate  to  receive,
     7  board or keep a [child/or]  child and/or minor under the age of eighteen

     8  years.  Prior to issuing such certificate, the agency shall require that
     9  an applicant set forth: his or her employment history, provide  personal
    10  and  employment references and sign a sworn statement indicating whether
    11  the applicant, to the best of  his  or  her  knowledge,  has  ever  been
    12  convicted of a crime in this state or any other jurisdiction.  The agen-
    13  cy  shall  determine  whether the applicant has ever held such a certif-
    14  icate, or a license or approval and, if  so,  whether  the  certificate,
    15  license  or  approval  was  revoked, not renewed, or a child was removed
    16  from the home, and the reason therefor. In such  instances,  the  agency
    17  shall evaluate the circumstances, pursuant to regulations established by
    18  the  office, to determine whether a certificate should be issued and the

    19  home re-opened. Not until all  inquiries  are  completed  and  evaluated
    20  shall the agency cause such certificate to be issued.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00569-02-3
        A. 2178--A                          2
 
     1    §  2.  Subdivision  1  of  section  377 of the social services law, as
     2  amended by chapter 677 of the laws  of  1985,  is  amended  to  read  as
     3  follows:
     4    1. Application for a license to receive, board or keep any child shall
     5  be made in writing to the commissioner of social services in and for the
     6  social  services  district  wherein  the  premises  to  be  licensed are

     7  located, in the form and manner prescribed by the [department] office of
     8  children and family services.   The [department]  office  shall  require
     9  that  an  applicant  set forth:   his or her employment history, provide
    10  personal and employment references and sign a sworn statement indicating
    11  whether, to the best of his or her knowledge, he or she  has  ever  been
    12  convicted  of  a  crime  in  this state or any other jurisdiction.  Such
    13  commissioner of social services shall also determine whether the  appli-
    14  cant has ever held such a license, or a certificate or approval, and, if
    15  so,  whether  the  license,  certificate  or  approval  was revoked, not
    16  renewed, or a child was removed from the home, and the reason  therefor.

    17  In  such  instances, such commissioner of social services shall evaluate
    18  the circumstances, pursuant to regulations established by the office, to
    19  determine whether a license should be issued and the home re-opened. Not
    20  until all inquiries are completed and evaluated shall  the  commissioner
    21  of social services cause such license to be issued.
    22    § 3. This act shall take effect on the one hundred eightieth day after
    23  it shall have become a law, provided, however, that effective immediate-
    24  ly,  the  addition,  amendment and/or repeal of any rules or regulations
    25  necessary for the implementation of the foregoing sections of  this  act
    26  on  its  effective  date  is  authorized  and  directed  to  be made and
    27  completed on or before such effective date.