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A08474 Summary:

A08474 Actions:

A08474 Floor Votes:

A08474 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8474
 
                   IN ASSEMBLY
 
                                    January 16, 2014
                                       ___________
 
        Introduced  by  M. of A. ROZIC, BORELLI, LAVINE, ROSA, ROBERTS -- Multi-
          Sponsored by -- M. of A. RIVERA --  read  once  and  referred  to  the
          Committee on Children and Families
 
        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    15  license or approval was revoked, not renewed, or  a  child  was  removed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.
    21    § 2. Subdivision 1 of section 377  of  the  social  services  law,  as

    22  amended  by  chapter  677  of  the  laws  of 1985, is amended to read as
    23  follows:
    24    1. Application for a license to receive, board or keep any child shall
    25  be made in writing to the commissioner of social services in and for the
    26  social services  district  wherein  the  premises  to  be  licensed  are
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00569-04-3
        A. 8474                             2
 
     1  located, in the form and manner prescribed by the [department] office of
     2  children  and  family  services.   The [department] office shall require
     3  that an applicant set forth:   his or her  employment  history,  provide

     4  personal and employment references and sign a sworn statement indicating
     5  whether,  to  the  best of his or her knowledge, he or she has ever been
     6  convicted of a crime in this state or  any  other  jurisdiction.    Such
     7  commissioner  of social services shall also determine whether the appli-
     8  cant has ever held such a license, or a certificate or approval, and, if
     9  so, whether the  license,  certificate  or  approval  was  revoked,  not
    10  renewed,  or a child was removed from the home, and the reason therefor.
    11  In such instances, such commissioner of social services  shall  evaluate
    12  the circumstances, pursuant to regulations established by the office, to
    13  determine whether a license should be issued and the home re-opened. Not

    14  until  all  inquiries are completed and evaluated shall the commissioner
    15  of social services cause such license to be issued.
    16    § 3. This act shall take effect on the one hundred eightieth day after
    17  it shall have become a law, provided, however, that effective immediate-
    18  ly, the addition, amendment and/or repeal of any  rules  or  regulations
    19  necessary  for  the implementation of the foregoing sections of this act
    20  on its effective  date  is  authorized  and  directed  to  be  made  and
    21  completed on or before such effective date.