Provides for notification to the state when a foster home is decertified, not renewed or a child is removed; requires evaluation to determine if certificate should be issued and the home be re-opened.
STATE OF NEW YORK
________________________________________________________________________
6875
IN SENATE
March 24, 2014
___________
Introduced by Sen. GRIFFO -- read twice and ordered printed, and when
printed to be committed 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15 license or approval was revoked, not renewed, or a child was removed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
27 located, in the form and manner prescribed by the [department] office of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00569-04-3
S. 6875 2
1 children and family services. The [department] office shall require
2 that an applicant set forth: his or her employment history, provide
3 personal and employment references and sign a sworn statement indicating
4 whether, to the best of his or her knowledge, he or she has ever been
5 convicted of a crime in this state or any other jurisdiction. Such
6 commissioner of social services shall also determine whether the appli-
7 cant has ever held such a license, or a certificate or approval, and, if
8 so, whether the license, certificate or approval was revoked, not
9 renewed, or a child was removed from the home, and the reason therefor.
10 In such instances, such commissioner of social services shall evaluate
11 the circumstances, pursuant to regulations established by the office, to
12 determine whether a license should be issued and the home re-opened. Not
13 until all inquiries are completed and evaluated shall the commissioner
14 of social services cause such license to be issued.
15 § 3. This act shall take effect on the one hundred eightieth day after
16 it shall have become a law, provided, however, that effective immediate-
17 ly, the addition, amendment and/or repeal of any rules or regulations
18 necessary for the implementation of the foregoing sections of this act
19 on its effective date is authorized and directed to be made and
20 completed on or before such effective date.
