Establishes the independent office of the child advocate to ensure the protection and promotion of the rights of children in the care of any state agency or local social services district.
STATE OF NEW YORK
________________________________________________________________________
4392
2025-2026 Regular Sessions
IN ASSEMBLY
February 4, 2025
___________
Introduced by M. of A. O'PHARROW -- read once and referred to the
Committee on Children and Families
AN ACT to amend the executive law, in relation to the establishment of
the independent office of the child advocate
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The executive law is amended by adding a new article 19-J
2 to read as follows:
3 ARTICLE 19-J
4 INDEPENDENT OFFICE OF THE CHILD ADVOCATE
5 Section 535. Independent office of the child advocate; creation.
6 535-a. Definitions.
7 535-b. The child advocate.
8 535-c. Duties of the child advocate.
9 535-d. Cooperation of other agencies.
10 535-e. Duty to maintain confidentiality.
11 535-f. Additional provisions.
12 § 535. Independent office of the child advocate; creation. There is
13 hereby created in the executive department, an independent office of the
14 child advocate, which shall:
15 1. examine, evaluate and report to the governor and the legislature
16 on:
17 (a) particular and systemic issues in publicly funded programs over-
18 seen by any executive agency with custody of children; and
19 (b) multi-systemic issues that children in the care, custody or guar-
20 dianship of any state agency that has custody of children or a local
21 social services district, and the families of such children experience
22 in accessing needed services across systems; and
23 2. advocate for, and report to the governor and the legislature on
24 suggested statutory, regulatory or policy changes aimed at improving
25 outcomes and services for children and their families in New York state.
26 § 535-a. Definitions. As used in this article:
27 1. "Child" or "children" means:
28 (a) a person, or persons under the age of eighteen; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07934-01-5
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1 (b) a person or persons under the age of twenty-one who has been
2 placed into the care, custody, or guardianship of any state agency that
3 has custody of children or a local social services district pursuant to
4 article three, seven, ten, ten-A, ten-B or ten-C of the family court act
5 or section three hundred fifty-eight-a, three hundred eighty-three-c,
6 three hundred eighty-four-a or three hundred eighty-four-b of the social
7 services law; or
8 (c) a person or persons under the age of twenty-one who is placed in
9 residential care as defined in section four hundred twelve of the social
10 services law.
11 2. "Child advocate" means the person appointed pursuant to subdivision
12 one of section five hundred thirty-five-b of this article to direct and
13 oversee the activities of the independent office of the child advocate.
14 § 535-b. The child advocate. 1. The child advocate shall be an indi-
15 vidual with at least five years experience in the general subject area
16 of either child welfare, juvenile justice or childhood behavioral
17 health, who shall be appointed by the governor.
18 2. The child advocate may hire or appoint persons as may be deemed
19 necessary to carry out the duties of the independent office of the child
20 advocate. The duties of persons employed or appointed by the child advo-
21 cate shall be performed under the advice and supervision of the child
22 advocate. Persons employed or appointed by the independent office of the
23 child advocate shall be individuals with expertise in the areas of child
24 welfare, juvenile justice, childhood behavioral health, foster care,
25 preventive services, or child care, as evidenced by expertise in the
26 field, practice, advocacy or by academic background, the level and
27 sufficiency of which shall be determined by the child advocate. The
28 child advocate shall fix the compensation of persons employed or
29 appointed by the independent office of the child advocate within amounts
30 appropriated therefor.
31 § 535-c. Duties of the child advocate. 1. The child advocate shall:
32 (a) examine, evaluate, investigate and report to the governor and the
33 legislature on particular and systemic issues in publicly funded
34 programs overseen by a state agency that has custody of children and
35 local social services districts, including but not limited to child
36 welfare, juvenile justice, foster care, child protective, child care and
37 preventative services; and
38 (b) examine, evaluate, investigate and report to the governor and the
39 legislature on multi-systemic issues that children in the care, custody
40 or guardianship of a state agency that has custody of children or a
41 local social services district, and the families of such children, expe-
42 rience in accessing needed services across systems; and
43 (c) monitor the implementation of the policies, regulations and stat-
44 utes of state agencies which may be applicable to the legal rights of
45 children in the care, custody or guardianship of a state agency that has
46 custody of children or a local social services district, or the families
47 of such children; and
48 (d) monitor the implementation of policies, regulations and statutes
49 which may have an impact on publicly funded programs overseen by the
50 office of children and family services, including but not limited to
51 child welfare, juvenile justice, foster care, child protective, child
52 care and preventative services; and
53 (e) recommend changes in state policies, statutes and regulations
54 concerning children in the care, custody or guardianship of a state
55 agency that has custody of children or a local social services district,
56 and the families of such children; and
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1 (f) recommend changes in state policies, statutes, and regulations
2 concerning publicly funded programs that service children and families,
3 including but not limited to child welfare, juvenile justice, foster
4 care, child protective, child care and preventative services, adminis-
5 tered by a state agency that has custody of children or local social
6 services districts; and
7 (g) take appropriate actions aimed at promotion of the rights, safety,
8 well-being, and best interests of children in New York state, including,
9 but not limited to, undertaking legislative advocacy, conducting public
10 hearings and making proposals for administrative or systemic reform; and
11 (h) provide administrative supervision and oversight to the independ-
12 ent office of the child advocate and devote full-time to the duties of
13 their office; and
14 (i) work collaboratively with state agencies and local social services
15 districts having custody of children to arrange for the visitation of
16 programs and facilities operated by or contracting with such state agen-
17 cies or local social services districts; and
18 (j) report to the governor, the speaker of the assembly and the tempo-
19 rary president of the senate as needed, but not less than twice per
20 year. Such report shall be made available to the public, unless such
21 materials are confidential pursuant to statute, and shall include but
22 not be limited to:
23 (A) information concerning the number and types of reviews and evalu-
24 ations conducted by the independent office of the child advocate; and
25 (B) any recommendations by the child advocate for legislative, regula-
26 tory, or public policy changes.
27 2. If after examination pursuant to subdivision one of this section,
28 the child advocate identifies a systemic problem in how services are
29 provided to children in the care, custody, or guardianship of a state
30 agency that has custody of children or a local social services district,
31 by a state agency that has custody of children, or a local social
32 services district, or any public or private entity which contracts with
33 the office of children and family services or a local social services
34 district to provide services to such children, the child advocate shall
35 provide such office, district, agency or entity a written report outlin-
36 ing the findings and recommendations of the child advocate.
37 (a) An office, district, agency or entity named in a report by the
38 child advocate as described in this subdivision shall have the option to
39 respond in writing to the child advocate's findings, provided however
40 that such written response must be issued within ninety days of such
41 office, district, agency or entity's receipt of the applicable report by
42 the child advocate.
43 (b) Within thirty days after the receipt of a response from an office,
44 district, agency or entity as described in this subdivision, the child
45 advocate shall issue such response, and the report issued by the child
46 advocate pursuant to this subdivision, to the governor, the speaker of
47 the assembly and the temporary president of the senate.
48 (c) If a response or a written request for an additional thirty days
49 with an explanation is not received by the child advocate within ninety
50 days from the date that the child advocate sent such report to such
51 office, district, agency or entity, the child advocate shall provide
52 such report to the governor and the legislature with a notice stating
53 that such office, district, agency or entity failed to issue a timely
54 written response to the report by the child advocate.
55 § 535-d. Cooperation of other agencies. To effectuate the purposes of
56 this article, the independent office of the child advocate may request
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1 from state agencies and local social services districts having custody
2 of children such assistance and data as is necessary to fulfill the
3 child advocate's duties. Such information shall be provided to the inde-
4 pendent office of the child advocate unless otherwise protected by law.
5 § 535-e. Duty to maintain confidentiality. All records of the inde-
6 pendent office of the child advocate pertaining to the fulfillment of
7 the child advocate's rights, powers and duties pursuant to this article,
8 and all records obtained by the child advocate shall be kept confiden-
9 tial.
10 § 535-f. Additional provisions. 1. The state shall protect and hold
11 harmless any person employed or appointed by the child advocate, from
12 financial loss and expense, including legal fees and costs, if any,
13 arising out of any claim, demand or suit for damages resulting from acts
14 or omissions committed in the discharge of their rights, powers and
15 duties within the scope of their employment or appointment which may
16 constitute negligence but which acts are not wanton, malicious or gross-
17 ly negligent as determined by a court of competent jurisdiction.
18 2. No state or local agency, department, office, or entity shall
19 discharge, or in any manner discriminate or retaliate against, any
20 person who in good faith makes a complaint to, or cooperates with, the
21 child advocate in a review or evaluation conducted by the child advo-
22 cate. No employee of any state or local department or office or of any
23 private entity shall retaliate against any person who makes a complaint
24 to, or who cooperates with the independent office of the child advocate
25 in a review, investigation or evaluation conducted by the independent
26 office of the child advocate.
27 3. All communications to the independent office of the child advocate
28 shall remain confidential. Any complaint filed by any person with the
29 independent office of the child advocate shall remain confidential.
30 4. All youth residing in a juvenile justice facility shall be permit-
31 ted reasonable access to a telephone to make a toll free call or shall
32 be supplied writing materials in order to write letters to the independ-
33 ent office of the child advocate upon the youth's request. Any communi-
34 cations between such youth and the independent office of the child advo-
35 cate shall remain confidential and shall not be monitored by any member
36 of the facility's staff.
37 5. The independent office of the child advocate may apply for and
38 accept grants, gifts and bequests of funds from private individuals and
39 foundations for the purpose of carrying out studies under this article.
40 The funds shall be expended in accordance with the provisions of such
41 grant, gift or bequest.
42 6. The child advocate shall take all possible actions including, but
43 not limited to, conducting programs of public education, undertaking
44 legislative advocacy and making proposals for administrative correction
45 or reform, in order to secure and ensure the legal, civil and special
46 rights of children.
47 7. The child advocate shall take the appropriate steps to make the
48 existence and availability of the child advocate widely known, by appro-
49 priate and active means, to children and adults.
50 § 2. This act shall take effect on the first of April next succeeding
51 the date on which it shall have become a law. Effective immediately, the
52 addition, amendment and/or repeal of any rule or regulation necessary
53 for the implementation of this act on its effective date are authorized
54 to be made and completed on or before such effective date.
