Relates to a study of the number of children in foster care who have a developmental disability; provides such study shall include, but shall not be limited to, the following: assessing the demographics of the children in foster care with a developmental disability, including, but not limited to, their county of residence, age, race and gender identity, and determining whether the placement of such individuals in foster care was voluntary or court ordered; evaluating the current guidelines and regulations used to oversee the placement and treatment of children with a developmental disability; and analyzing the extent to which such age-appropriate children are prepared for a transition from foster care to an independent living situation.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8846
SPONSOR: Hevesi
 
TITLE OF BILL:
An act in relation to a study of the number of children in foster care
who have a developmental disability
 
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of the bill is to study the placement in foster care of
children who have a developmental disability.
 
SUMMARY OF PROVISIONS:
Section 1 of the bill requires commissioner of the office of children
and family services, in consultation with the commissioner of the office
for people with developmental disabilities to conduct a study to deter-
mine the number of children who have been placed in foster care and who
have been diagnosed with a developmental disability. The study shall
include an assessment of the demographics of such children, and evalu-
ation of the current guidelines and regulations used to oversee the
placement and treatment of such children, and an analysis of the extent
to which such age appropriate children are prepared for a transition
from foster care to an independent living situation.
Section 2 defines the term "developmental disability."
Section 3 authorizes the commissioner of the office of children and
family services and the commissioner of the office for people with
developmental disabilities to acquire directly from the head of any
department, agency, or instrumentality of the state, available informa-
tion which the departments consider useful in the discharge of their
duties, and requires all departments, agencies, and instrumentalities of
the state to furnish all information requested by the departments to the
extent permitted by law.
Section 4 requires that the commissioner of the office of children and
family services and the commissioner of the office for people with
developmental disabilities to submit a report of the findings of the
study to the governor and legislative leaders of the senate and assembly
no later than one year following the effective date of this act. The
report shall also include recommendations on how to consistently main-
tain a record of the number of children who have been placed in foster
care who have been diagnosed with a developmental disability, recommen-
dations to improve the placement and treatment of children in foster
care, and recommendations to further develop existing guidelines and
regulations to prepare age-appropriate children who have a developmental
disability for a transition to an independent living situation.
Section 5 is the effective date.
 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
Technical changes in 2021 to A.9080
 
JUSTIFICATION:
Individuals with Intellectual and Developmental Disabilities (I/DD) in
the United States are typically over-represented in the child welfare
system, particularly among voluntarily placed youth (Hill, 2017).
Nationally, anywhere from 30% to 50% of the youth involved in child
protective service have some type of disability (e.g., I/DD, emotional
behavioral; Helton et al., 2019; Slayter, 2016). Unfortunately, in New
York State currently there is no mechanism to identify which children
and youth involved with the child welfare system are diagnosed with a
disability. Understanding the breadth and depth of the problem of
persons with IDD in foster care is critical for several reasons: First,
individuals with I/DD are more likely than their counterparts to remain
in foster care placements until they age out as adults (Schmidt et al.,
2013). Therefore, it is critical for effective future planning for the
youth and for the service systems in NY to have an accurate understand-
ing of the numbers of individuals who will need connections to services
and service systems, including residential placement options. Second,
because these children and youth with I/DD may be placed in voluntary
placement (Hill, 2017) as the only means for families to o btain needed
supports for their children; thus, these children are more likely to
need of continued services that specifically meet their unique needs.
This group of youth are more likely to experience trauma, disruptions,
live in congregate care (Schmidt et al., 2013), and age out of the
foster care system. Additionally, individuals with I/DD are highly
susceptible to abuse. This includes sexual abuse (Finkelhoffer et. al.,
2014) and particularly transactional sexual abuse with individuals with
1/DD transitioning from child welfare settings (Carellas et al., 2021).
Third, data collected between 2014-2016 through a grant funded by the NY
Developmental Disabilities Planning Council (DDPC) demonstrated that
individuals with DD in NY are often unprepared for transition out of
foster care, have few if any community contacts in their home communi-
ties, and lack access to, needed mental health treatment. These are all
issues that will interfere with successful transition out of foster care
and ensuring these individuals, who are already at a significant isad-
vantage, will achieve any meaningful quality of life. Planning for tran-
sition to adulthood in NY schools for individuals with IEPs starts at
age 14. The process can be significantly enhanced if there is clear
identification of the youth that are in foster care with I/DD and the
need for multiple systems to be at the table. References: Blakeslee, J.
E., Powers, L. E., Geenen, S., Schmidt, J., Nelson, M., Fullerton, A., &
Bryant, M. (2020). Evaluating the My Life self-determination model for
older youth in foster care: Establishing efficacy and exploring moder-
ation of response to intervention. Children and Youth Services Review,
119, 105419. Carrellas, A., Resko, S. M., & Day, A. G. (2021). Sexual
victimization and intellectual disabilities among child welfare involved
youth. Child Abuse & Neglect, 115, 104986. Finkelhor, D., Shattuck, A.,
Turner, H. A.., & Hamby, S. L (2014). The lifetime prevalence of child
sexual abuse and sexual assault assessed in late adolescence. Journal of
Adolescent Health, 55, 329-333. Helton, J,J., Lightfoot, E., Fu, Q. J.,
& Bruhn, C. M. (2019). Prevalence and severity of child impairment in a
US sample of child maltreatment investigations. Journal of Developmen-
tal,& Behavioral Pediatrics, 40(4), 285-292. Hill, K. (2017). Preva-
lence, experiences, and characteristics of children and youth who enter
foster care through voluntary placement agreements. Children and Youth
Services Review, 74, 62-70. Schmidt, J., Cunningham, M., Dalton, L. D.,
Powers, L E., Geenen, S., & Orozco, C. G. (2013). Assessing restric-
tiveness: A closer look at the foster care placements and perceptions of
youth with and without disabilities aging out of care. Journal of Public
Child. Welfare, 7(5), 586-609. Slayter,E. (2016). Youth with disabili-
ties in the United States child welfare system. Children and Youth
Services Review, 64, 155-165.
 
PRIOR LEGISLATIVE HISTORY:
2021-22: A.9080-A, A.9080/S.8046A (Mannion) Vetoed 2023: A.2798/S3119
(Mannion) Vetoed
 
FISCAL IMPLICATIONS:
To be determined
 
EFFECTIVE DATE:
Immediately
STATE OF NEW YORK
________________________________________________________________________
8846
IN ASSEMBLY
January 18, 2024
___________
Introduced by M. of A. HEVESI, CRUZ, SIMON, GUNTHER, OTIS, DARLING,
MAHER -- read once and referred to the Committee on Children and Fami-
lies
AN ACT in relation to a study of the number of children in foster care
who have a developmental disability
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The commissioner of the office of children and family
2 services, in consultation with the commissioner of the office for people
3 with developmental disabilities, shall conduct a study to determine the
4 number of children who have been placed in foster care and who have been
5 diagnosed with a developmental disability. Such study shall include, but
6 shall not be limited to, the following:
7 (a) assessing the demographics of the children in foster care with a
8 developmental disability, including, but not limited to, their county of
9 residence, age, race and gender identity, and determining whether the
10 placement of such individuals in foster care was voluntary or court
11 ordered;
12 (b) evaluating the current guidelines and regulations used to oversee
13 the placement and treatment of children with a developmental disability;
14 and
15 (c) analyzing the extent to which such age-appropriate children are
16 prepared for a transition from foster care to an independent living
17 situation.
18 § 2. For purposes of this section, "developmental disability" shall
19 have the same meaning as set forth in subdivision 22 of section 1.03 of
20 the mental hygiene law.
21 § 3. The commissioner of the office of children and family services
22 and the commissioner of the office for people with developmental disa-
23 bilities may acquire directly from the head of any department, agency,
24 or instrumentality of the state, available non-identifiable information
25 which the offices consider useful in the discharge of their duties. All
26 departments, agencies, and instrumentalities of the state shall cooper-
27 ate with the offices with respect to such information and shall furnish
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05107-01-3
A. 8846 2
1 all information requested by the offices to the extent permitted by law.
2 Information collected shall not reveal the name, social security number
3 or any other information which may be used to identify the children or
4 the family of the children.
5 § 4. The commissioner of the office of children and family services
6 and the commissioner of the office for people with developmental disa-
7 bilities shall submit a report of the findings of the study, with any
8 personal and identifying information redacted, conducted pursuant to
9 section one of this act, to the governor, the temporary president of the
10 senate, the speaker of the assembly and the minority leaders of the
11 senate and assembly no later than one year following the effective date
12 of this act. The report shall also include recommendations on how to
13 consistently maintain a record of the number of children who have been
14 placed in foster care who have been diagnosed with a developmental disa-
15 bility, recommendations to improve the placement and treatment of chil-
16 dren in foster care and recommendations to further develop existing
17 guidelines and regulations to prepare age-appropriate children who have
18 a developmental disability for a transition to an independent living
19 situation.
20 § 5. This act shall take effect immediately.