NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3411
SPONSOR: Darling TITLE OF BILL:
An act to amend the social services law, in relation to increasing sala-
ries for foster care direct care workers; and making an appropriation
therefor
PURPOSE OR GENERAL IDEA OF BILL:
This purpose of this legislation is to provide salary enhancements for
direct care workers employed by voluntary foster care agencies.
SUMMARY OF PROVISIONS:
Section 1: Provides legislative intent.
Section 2: The social services law is amended by adding a new subdivi-
sion (2-c) which would provide payments made by local social service
districts to voluntary foster care agencies to increase salaries during
the 2022-23, 2023-24, and 2045-25 rate years that will be funded through
the foster care block pant
Section 3: The sum of seventeen million is appropriated from moneys in
the general fund for reimbursements under the foster care block grant to
support salaries for direct care staff, caseworkers/case planners, as
well as the salaries of these workers' supervisors, working in the
foster care programs.
Section 4: Establishes the effective date.
JUSTIFICATION:
COVID-19 has had a profound impact on the child welfare workforce with-
in, the foster care system. Direct care workers have continued to come
to work every day throughout the pandemic, care of our most vulnerable
children, and are part of our essential workforce. While other essential
workers have been recognized or provided enhanced salary payments in
other human service programs (i.e., OPWDD, OMH, and OASAS), direct care
staff, case workers/case planners and their supervisors have not
received the same type of support through the Office of Children and
Family Services (OCFS).
Moreover, the agencies that employ the foster care workforce have been
historically underfunded by the state and as a result the compensation
provided to workers does not provide a living wage. Recent surveys
conducted by the Council of Family Child Caring Agencies (COFCCA), a
network of over 100 voluntary not-for-profit child welfare agencies
across the state, found that:
* Front line, direct care workers earned an average statewide annual
salary of $30,361 or approximately $14.60 per hour;
* Annual turnover for direct care workers is 49.4%;
* Caseworkers earned an average statewide salary of $40,752 or approxi-
mately $19.60 per hour (with a BA);
* Caseworkers employed by the state (NYS Grade 21) made more than
$24,000 more than caseworkers employed by voluntary foster care agen-
cies; and
* As of December 2021, residential foster care had a 20% vacancy rate in
positions.
Quality in the child welfare workforce is directly tied to the quality
of care and overall experience of child and families in the child
welfare system. If voluntary foster care agencies cannot recruit staff,
service levels are impacted. Staff turnover impacts treatment and causes
longer lengths of stay for children in foster care - this is an unac-
ceptable outcome for New York's children and families, and it is costly
for the state and counties as it extends a child's time in care.
PRIOR LEGISLATIVE HISTORY:
This is new legislation.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Yes
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
3411
2023-2024 Regular Sessions
IN ASSEMBLY
February 3, 2023
___________
Introduced by M. of A. DARLING -- read once and referred to the Commit-
tee on Children and Families
AN ACT to amend the social services law, in relation to increasing sala-
ries for foster care direct care workers; and making an appropriation
therefor
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative findings. The legislature finds that the
2 COVID-19 pandemic has had a profound impact on the child welfare work-
3 force within the foster care system. Direct care workers have continued
4 to come to work every day throughout the pandemic, care for our most
5 vulnerable children, and are part of our essential workforce. While
6 other essential workers have been recognized or provided enhanced salary
7 payments, direct care workers in the child welfare system have not.
8 Moreover, the agencies that employ the foster care workforce have been
9 historically underfunded and as a result the compensation provided to
10 workers does not provide a living wage.
11 Therefore, the legislature proposes salaries for direct care workers
12 be increased starting with the 2023-2024 rate year and continued for the
13 following two years. This investment will help stabilize the current
14 turnover and vacancy rates within the direct care workforce which will
15 have a positive and beneficial impact on children in the foster care
16 system.
17 § 2. Section 398-a of the social services law is amended by adding a
18 new subdivision 2-d to read as follows:
19 (2-d) Payments made directly by social service districts to voluntary
20 foster care agencies to increase employee salaries during each of the
21 two thousand twenty-three--two thousand twenty-four, two thousand twen-
22 ty-four--two thousand twenty-five, and two thousand twenty-five--two
23 thousand twenty-six rate years shall be supported by increased funding
24 available through the foster care block grant. Such payments shall be
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05821-01-3
A. 3411 2
1 used to increase the salaries of foster care agency employees, includ-
2 ing, but not limited to, direct care staff, caseworkers, and case plan-
3 ners, as well as the salaries of such workers' supervisors working in
4 such foster care agencies.
5 § 3. The sum of seventeen million dollars ($17,000,000), or so much
6 thereof as may be necessary, is hereby appropriated to the state insur-
7 ance fund out of any moneys in the state treasury in the general fund to
8 the credit of the state purpose account, not otherwise appropriated, and
9 made immediately available for the purposes of increases in salaries of
10 foster care agency employees, including, but not limited to, direct care
11 staff, caseworkers, and case planners, as well as the salaries of such
12 workers' supervisors working in such foster care agencies. Such moneys
13 shall be payable on the audit and warrant of the comptroller on vouchers
14 certified or approved by the department of social services in the manner
15 prescribed by law.
16 § 4. This act shall take effect immediately.
