STATE OF NEW YORK
________________________________________________________________________
7323--A
2023-2024 Regular Sessions
IN ASSEMBLY
May 17, 2023
___________
Introduced by M. of A. HEVESI -- read once and referred to the Committee
on Children and Families -- recommitted to the Committee on Children
and Families in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the social services law, in relation to collecting data
regarding alternative living arrangements for children who are at a
substantial risk of maltreatment
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 412 of the social services law is amended by adding
2 a new subdivision 10 to read as follows:
3 10. An "alternative living arrangement" means an agreed upon out-
4 of-home-living arrangement for a child developed as a result of or in
5 the context of: (a) an investigation of child maltreatment by the child
6 protective service; (b) a differential response program, including, but
7 not limited to Family Assessment Response and Collaborative Assessment,
8 Response, Engagement & Support; (c) a request for respite services; (d)
9 a request for voluntary foster care placement; or (e) an investigation
10 regarding allegations that a child might be destitute.
11 § 2. Subdivision 2 of section 424 of the social services law, as added
12 by chapter 1039 of the laws of 1973, is amended to read as follows:
13 2. maintain and keep up-to-date a local child abuse and maltreatment
14 register of all cases reported under this title together with any addi-
15 tional information obtained and a record of the final disposition of the
16 report, including services offered and accepted and any alternative
17 living arrangement made for the care of any child;
18 § 3. The social services law is amended by adding a new section 424-c
19 to read as follows:
20 § 424-c. Alternative living arrangements. 1.(a) The office of chil-
21 dren and family services shall collect the following data regarding
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11174-02-4
A. 7323--A 2
1 alternative living arrangements and compile an annual report for the
2 preceding calendar year on such data with respect to each local social
3 services district:
4 (i) total number of alternative living arrangement agreements made;
5 (ii) total number of children who were the subject of alternative
6 living arrangement agreements;
7 (iii) total number of children in an alternative living arrangement at
8 the end of the calendar year, and, for such children, an indication of
9 the average number of days they have been in an alternative living
10 arrangement;
11 (iv) total number of children for whom an alternative living arrange-
12 ment ended during calendar year, and, for such children, an indication
13 of the average number of days they spent in an alternative living
14 arrangement;
15 (v) total number of alternative living arrangements made during an
16 investigation of child abuse or maltreatment pursuant to article ten of
17 the family court act and the number of those allegations which were
18 ultimately indicated, and the total number of alternative living
19 arrangements made after an indication;
20 (vi) number of children placed with a relative or other suitable adult
21 identified by the parent or child pursuant to an alternative living
22 arrangement agreement;
23 (vii) number of children placed in respite care pursuant to section
24 four hundred nine-a of this article;
25 (viii) number of children placed in Host Family Homes pursuant to
26 regulations of the office of children and family services;
27 (ix) total number of children who were returned home from an alterna-
28 tive living arrangement agreement;
29 (x) total number of children removed pursuant to section one thousand
30 twenty-one of the family court act;
31 (xi) total number of children removed pursuant to section one thousand
32 twenty-four of the family court act regarding whom no proceeding was
33 initiated under article ten of the family court act within one day of
34 the removal;
35 (xii) total number of children who were the subject of a proceeding
36 pursuant to article ten of the family court act following removal pursu-
37 ant to an alternative living arrangement agreement;
38 (xiii) total number of children who were the subject of a voluntary
39 placement agreement pursuant to section three hundred eighty-four-a of
40 this article following removal pursuant to an alternative living
41 arrangement agreement;
42 (xiv) total number of children who were the subject of a destitute
43 child petition pursuant to article ten-C of the family court act follow-
44 ing removal pursuant to an alternative living arrangement agreement;
45 (xv) total number of children who were the subject of a custody
46 proceeding pursuant to article six of the family court act following
47 removal pursuant to an alternative living arrangement;
48 (xvi) a descriptive list of preventive services and their utilization
49 rates, if practicable, that were provided to parents, children and rela-
50 tives or suitable persons who were the subject of an alternative living
51 arrangement agreement in each local social services district; and
52 (xvii) any other information the commissioner may deem necessary to
53 include.
54 (b) If practicable, such information shall be disaggregated by age,
55 sex, race, ethnicity, and allegation type. For each local social
A. 7323--A 3
1 services district with a population of over five hundred thousand
2 people, such information shall be disaggregated by zip code.
3 2. The office of children and family services shall publish the report
4 on its website no later than ninety days following the end of the calen-
5 dar year and submit such report to the governor, the speaker of the
6 assembly, the temporary president of the senate, the chairperson and
7 ranking member of the assembly children and families committee, and the
8 chairperson and ranking member of the senate children and families
9 committee, and the chairperson and ranking member of the assembly ways
10 and means committee, and the chairperson and ranking member of the
11 senate finance committee, by no later than September first, two thou-
12 sand twenty-five and annually thereafter.
13 § 4. This act shall take effect on the ninetieth day after it shall
14 have become a law. Effective immediately, the addition, amendment and/or
15 repeal of any rule or regulation necessary for the implementation of
16 this act on its effective date are authorized to be made and completed
17 on or before such date.
