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A08846 Summary:

BILL NOA08846
 
SAME ASSAME AS S08679
 
SPONSORHevesi
 
COSPNSRCruz, Simon, Gunther, Otis, Darling, Maher, Lunsford
 
MLTSPNSRManktelow
 
 
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.
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A08846 Actions:

BILL NOA08846
 
01/18/2024referred to children and families
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A08846 Memo:

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
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A08846 Text:



 
                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.
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