Add Art 19-J §§540 - 545, Exec L; add §97-aaaa, St Fin L
Establishes the child and family well-being program and fund for the distribution of grants to eligible nonprofit community-based providers to respond to children's and families' needs in communities.
STATE OF NEW YORK
________________________________________________________________________
6431
2025-2026 Regular Sessions
IN SENATE
March 13, 2025
___________
Introduced by Sen. BRISPORT -- read twice and ordered printed, and when
printed to be committed to the Committee on Children and Families
AN ACT to amend the executive law, in relation to establishing the child
and family well-being program; to amend the state finance law, in
relation to the child and family well-being fund; and providing for
the repeal of such provisions upon expiration thereof
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 CHILD AND FAMILY WELL-BEING PROGRAM
5 Section 540. Legislative findings and intent.
6 541. Definitions.
7 542. Child and family well-being advisory board.
8 543. Child and family well-being program.
9 544. Assistance of other state agencies.
10 545. Reporting.
11 § 540. Legislative findings and intent. The legislature finds that New
12 York state's "family policy guidelines" codified in section nine hundred
13 ninety-one of this chapter prioritize government support for families
14 that promote "safe, nurturing environments which support the healthy
15 growth of all family members". However, African American and Latinx
16 parents are disproportionately reported to the child protective system
17 for challenges that impact families of all races and ethnicities and
18 socioeconomic status. Moreover, the majority of reports to the state
19 child abuse hotline are made not for abuse, but for poverty-related
20 conditions, including housing instability and homelessness, lack of
21 transportation to school, inability to obtain medical care, lack of
22 food, and lack of other basic needs. The child and family well-being
23 fund, which shall be administered through the department of state, is
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00081-05-5
S. 6431 2
1 intended to fund community-led projects that strengthen families, reduce
2 their vulnerability to child protective system contact, and invest in
3 supports that enhance family preservation, reunification, and healing.
4 The establishment of the child and family well-being fund was included
5 among recommendations of the New York Advisory Committee to the U.S.
6 Commission on Civil Rights 2024 report, Examining the New York Child
7 Welfare System and Its Impact on Black Children and Families.
8 § 541. Definitions. For the purposes of this article, the following
9 terms shall have the following meanings:
10 1. "Advisory board" shall mean the child and family well-being advi-
11 sory board established pursuant to section five hundred forty-two of
12 this article.
13 2. "Backbone organization" shall mean a nonprofit organization that
14 supports community anchor entities in administering a local assessment
15 and grant-making process within each community with the highest levels
16 of child protective system involvement through technical assistance,
17 capacity-building, evaluation, and facilitation of local input on grants
18 distributed pursuant to this article.
19 3. "Child and family well-being fund" shall mean the child and family
20 well-being fund established pursuant to section ninety-seven-aaaa of the
21 state finance law to provide funds to grantee entities pursuant to the
22 child and family well-being program established pursuant to this arti-
23 cle.
24 4. "Community anchor entity" shall mean a local organization serving a
25 community with the highest levels of child protective system involvement
26 that is responsible for assessing local assets, identifying gaps and
27 areas for investment, and administering a local process for the distrib-
28 ution of child and family well-being fund grants to eligible grantee
29 entities.
30 5. "Community with the highest levels of child protective system
31 involvement" shall mean a community identified by zip codes based on the
32 highest rates and numbers of child protective investigations, the high-
33 est rates and numbers of child removal, the highest rates of racial
34 disparity for indicated cases, and the highest rates of racial disparity
35 in foster care placement for the most recent year.
36 6. "Director" shall mean the director of the child and family well-be-
37 ing program established pursuant to section five hundred forty-three of
38 this article.
39 7. "Grantee entity" shall mean a local project or organization serving
40 a community with the highest levels of child protective system involve-
41 ment.
42 § 542. Child and family well-being advisory board. 1. There is hereby
43 established a child and family well-being advisory board which shall be
44 comprised of nine members, three members to be appointed by the gover-
45 nor, three members to be appointed by the senate committee on children
46 and families, and three members to be appointed by the assembly commit-
47 tee on children and families. Advisory board membership shall not
48 include members who are current employees of, or an organization that
49 currently has a contract with, a local department of social services
50 providing foster care, adoption, or primary or secondary preventive
51 services pursuant to section four hundred nine-a of the social services
52 law. Members of the advisory board shall serve for a term of five
53 years.
54 (a) Members appointed by the governor shall include:
55 (i) one child and family well-being professional with experience in
56 policy development, research, and evaluation;
S. 6431 3
1 (ii) one community economic development and reinvestment professional
2 with significant experience building trust and advocating with families
3 and youth impacted by the child welfare system; and
4 (iii) one professional with experience in establishing or operating
5 organizations providing mutual aid and peer support.
6 (b) Members appointed by the senate committee on children and families
7 shall include:
8 (i) one parent who has had direct experience in the child protective
9 system and is currently working in a professional advocacy or program-
10 matic role in the field of child, youth, and family well-being;
11 (ii) one person between the ages of eighteen and twenty-five at the
12 time of appointment who has had direct experience in the child protec-
13 tive system and is currently working in a professional advocacy or
14 programmatic role in the field of child, youth, and family well-being;
15 and
16 (iii) one attorney who has represented parents in child protective
17 proceedings.
18 (c) Members appointed by the assembly committee on children and fami-
19 lies shall include:
20 (i) one leader within a community-based organization significantly
21 staffed and led by community residents that works with children, youth
22 and families, and that does not currently have a contract with a local
23 department of social services providing foster care, adoption, or prima-
24 ry or secondary preventive services pursuant to section four hundred
25 nine-a of the social services law;
26 (ii) one community organizer who has successfully worked with communi-
27 ty members to advance community development projects; and
28 (iii) one attorney who has represented children in child protective
29 proceedings.
30 2. The advisory board shall meet with the director no less than four
31 times per year.
32 3. The advisory board shall solicit public input regarding decisions
33 made pursuant to section five hundred forty-three of this article and
34 consider such public input in the report required pursuant to section
35 five hundred forty-five this article.
36 4. Advisory board members shall be reimbursed for actual and reason-
37 able expenses incurred in carrying out their duties.
38 5. Representation on the advisory board shall not prevent an entity or
39 organization from being selected as a community anchor organization or
40 grantee entity pursuant to the selection processes established pursuant
41 to section five hundred forty-three of this article.
42 § 543. Child and family well-being program. 1. There is hereby estab-
43 lished a child and family well-being program to be administered by a
44 director.
45 (a) The director shall be appointed by a two-thirds majority vote of
46 the advisory board. The advisory board shall solicit nominations from
47 the public for the position of director prior to such appointment.
48 (b) The director shall have:
49 (i) expertise in the areas of child and family well-being and non-pro-
50 fit organizational management in the state of New York, as evidenced by
51 at least ten years of relevant experience in such field; and
52 (ii) a demonstrated commitment to racial equity and repair, community
53 leadership, and a transformative approach to the child welfare system.
54 (c) The director may be removed in the same manner provided for such
55 director's original appointment.
S. 6431 4
1 2. The director, in collaboration with the advisory board, shall iden-
2 tify ten communities with the highest levels of child protective system
3 involvement, with no more than one community per county, to receive
4 funding from the child and family well-being fund pursuant to the child
5 and family well-being program. The director shall publish the list of
6 such ten communities on the department of state's website for thirty
7 days following such identification. During such thirty-day period, the
8 director and the advisory board shall solicit input from the public
9 about local assets and needs that support child and family well-being
10 within such ten communities.
11 3. (a) The director and the advisory board shall select community
12 anchor entities to lead the asset-based community development process
13 within each of the ten communities with the highest levels of child
14 protective system involvement. Criteria for the selection of community
15 anchor entities shall include, but not be limited to, whether a poten-
16 tial community anchor entity:
17 (i) is staffed and led by community residents;
18 (ii) has a demonstrated capacity to build trust with and engage commu-
19 nity members; and
20 (iii) is capable of administering a local grant-making process that is
21 responsive to areas identified for investment.
22 (b) Community anchor entities shall receive funds from the child and
23 family well-being fund to:
24 (i) lead an asset-based community development process to assess local
25 assets and identify gaps and areas for investment within one or more of
26 the ten communities with the highest levels of child protective system
27 involvement identified pursuant to subdivision two of this section; and
28 (ii) administer a local request for proposals process responsive to
29 areas identified for investment based on the asset-based community
30 development process within the ten communities with the highest levels
31 of child protective system involvement.
32 (c) Community anchor entities shall not have a contract with a local
33 department of social services providing foster care, adoption, or prima-
34 ry or secondary preventive services pursuant to section four hundred
35 nine-a of the social services law during the grant determination period
36 described by this section.
37 (d) The director shall publish on the department of state's website:
38 (i) the list of the community anchor entities selected pursuant to
39 this subdivision for thirty days following such selection; and
40 (ii) the findings of the asset-based community development process
41 conducted pursuant to this subdivision.
42 4. (a) The director, in collaboration with the advisory board, shall
43 select the backbone entity pursuant to a public request for proposals
44 selection process. Such backbone entity shall work at the direction of
45 the director and the advisory board and shall serve for a term of five
46 years.
47 (b) The backbone entity shall:
48 (i) identify potential community anchor entities to lead the asset-
49 based community development process within each of the ten communities
50 with the highest levels of child protective system involvement identi-
51 fied pursuant to subdivision two of this section, and make recommenda-
52 tions to the director and the advisory board regarding such identifica-
53 tion;
54 (ii) provide technical assistance to community anchor entities to
55 administer a local request for proposals process from potential grantee
56 entities and complete the asset-based community development process;
S. 6431 5
1 (iii) coordinate the community grant-making process with the community
2 anchor entities and the distribution of funds to grantee entities pursu-
3 ant to this article;
4 (iv) identify grantee entities based on the local request for
5 proposals process completed by the community anchor entities and make
6 recommendations to the director and the advisory board regarding such
7 identification;
8 (v) report the findings of the asset-based community development proc-
9 ess in each of the ten communities with the highest levels of child
10 protective system involvement to the director and the advisory board;
11 and
12 (vi) produce and submit any required financial and programmatic
13 reporting information from community anchor entities and grantee enti-
14 ties to the department of state to reduce the financial and administra-
15 tive burden for such community anchor entities and grantee entities.
16 (c) The advisory board and the director shall work with the backbone
17 entity to ensure that the community anchor entities effectively engage
18 communities as part of the asset-based community development process.
19 5. (a) The director and the advisory board shall select grantee enti-
20 ties and authorize the regranting of funds from the backbone entity to
21 such grantee entities. Criteria for the selection of grantee entities
22 shall include, but not be limited to, whether a potential grantee enti-
23 ty:
24 (i) offers material supports, resources, or services through voluntary
25 networks of care;
26 (ii) affirmatively addresses local racial disparities;
27 (iii) is staffed and led by community residents, particularly by fami-
28 lies impacted by the child protective system;
29 (iv) has a demonstrated capacity to voluntarily engage families;
30 (v) has any history contracting with the local department of social
31 services; and
32 (vi) has developed a proposal to meet specific local needs associated
33 with risk of child protective system involvement.
34 (b) Members of the advisory board shall disclose any interest that
35 such members' have in a grantee entity to the director and other members
36 of the advisory board prior to the selection of grantee entities pursu-
37 ant to paragraph (a) of this subdivision.
38 (c) Grantee entities shall not have a contract with a local department
39 of social services providing foster care, adoption, or primary or
40 secondary preventive services pursuant to section four hundred nine-a of
41 the social services law during the grant determination period described
42 by this section.
43 § 544. Assistance of other state agencies. 1. To effectuate the
44 purposes of this article, the director may request and shall be entitled
45 to receive from any department, division, or state agency, and the same
46 are authorized to provide, such information and data as will enable the
47 advisory board to carry out its functions, powers, and duties.
48 2. Any department, division, or state agency that receives a request
49 for information and data from the director pursuant to this section
50 shall provide such requested information and data to the director,
51 subject to any limitations on the confidentiality and disclosure of such
52 information and data pursuant to any other law.
53 § 545. Reporting. 1. No later than one year after the effective date
54 of this section, and annually thereafter, the director and the advisory
55 board, with support from the backbone entity, shall produce and submit a
56 written report to the governor, the temporary president of the senate,
S. 6431 6
1 the speaker of the assembly, the chair of the senate finance committee,
2 the chair of the assembly ways and means committee, and the state comp-
3 troller. Such report shall include, but shall not be limited to:
4 (a) the compensation received by the director and advisory board;
5 (b) recipients of grants from the child and family well-being fund,
6 including community anchor entities and grantee entities;
7 (c) the amount awarded to each such recipient;
8 (d) the purposes for which such awards were granted;
9 (e) the extent to which such awards enhanced family preservation,
10 reunification, and healing;
11 (f) recommendations for broad structural realignments and investments
12 at the state and county levels to increase the capacities of grassroots,
13 community-led organizations around a public health strategy for family
14 well-being; and
15 (g) any other findings that the director and the advisory board deem
16 relevant.
17 2. The director shall publish the report required pursuant to subdivi-
18 sion one of this section on the department of state's website.
19 § 2. The state finance law is amended by adding a new section 97-aaaa
20 to read as follows:
21 § 97-aaaa. Child and family well-being fund. 1. There is hereby estab-
22 lished in the joint custody of the state comptroller and the commission-
23 er of taxation and finance a special revenue fund to be known as the
24 child and family well-being fund.
25 2. The child and family well-being fund shall consist of moneys appro-
26 priated, credited or transferred thereto from any other fund or source.
27 3. Moneys of the child and family well-being fund, following appropri-
28 ation by the legislature and allocation by the director of the budget,
29 shall be made available to the advisory board for the child and family
30 well-being program for grants to community anchor entities and grantee
31 entities to respond to children's and families' needs in certain commu-
32 nities as established by article nineteen-J of the executive law.
33 4. No later than one year after the effective date of this section,
34 and annually thereafter, the advisory board for the child and family
35 well-being program shall submit a report to the governor and the legis-
36 lature detailing all expenditures made from the child and family well-
37 being fund during the previous year.
38 § 3. This act shall take effect on the first of January next succeed-
39 ing the date on which it shall have become a law and shall expire and be
40 deemed repealed five years after such date. Effective immediately, the
41 addition, amendment and/or repeal of any rule or regulation necessary
42 for the implementation of this act on its effective date are authorized
43 to be made and completed on or before such effective date.
