New York State Assembly

Annual Report 2oo1

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Committee on Children and Families


Roger L. Green, CHAIRPERSON Sheldon Silver, SPEAKER



  December 15, 2001

The Honorable Sheldon Silver
Speaker of the Assembly
State Capitol, Room 349
Albany, New York 12248

Dear Speaker Silver:

As chairperson of the Assembly Standing Committee on Children and Families, it is my distinct pleasure to submit to you the 2001 Annual Report.

The Assembly has continued to put forward innovative and aggressive policy initiatives to improve the quality of life for children and families in New York State. In State fiscal year 2001-02, the Legislature extended grants to day care workers for salary enhancements and professional development so that the balance of the $40 million appropriation for SFY 2000-01 could continue to support our valuable workers. The Assembly also accomplished funding for the Child Care Facilities Development Program.

The Committee continues to support preventive services to families in need. Preventive services focuses on intensive case management for families affected by substance abuse, domestic violence services, home visiting program expansion, family preservation, as well as a myriad of other supportive and rehabilitative service programs.

As we approach the 2002 legislative session, the Committee will continue to push for further reforms which compassionately and pragmatically address families' needs while always keeping the best interests of the child as the priority. Regarding juvenile crime, the Committee continues to support a comprehensive approach to bringing increased resources for delinquency prevention, and creating additional opportunities for Family Court intervention. Further, the Committee will continue to look at some of the possible after-effects of State compliance with the Adoption and Safe Families Act, and continue on the long road to improving services for children and families in New York State. In closing, I would like to express my appreciation to you and the many advocates across the State for continuing to support our efforts to accomplish this goal.

 


Sincerely,


Roger L. Green
Chairperson
Committee on Children and Families



NEW YORK STATE ASSEMBLY
STANDING COMMITTEE ON CHILDREN AND FAMILIES

2001 ANNUAL REPORT


Roger L. Green
Chairperson

COMMITTEE MEMBERSHIP

Majority

Barbara M. Clark
Gloria Davis
Deborah Glick
Sam Hoyt
Scott M. Stringer
Darryl C. Towns
Carmen E. Arroyo
Ruben Diaz
Adriano Espaillat
Pauline Rhodd-Cummings
Steven Cymbrowitz

Minority

Joe Errigo, Ranking Minority Member
Michael Spano
Elizabeth O'C. Little
Jay J. Dinga



Staff

Donald A. Robbins, Legislative Coordinator
Judi L. West, Legislative Analyst
Jacquelyn Greene, Legislative Counsel
Taryn S. Davila, Committee Assistant
Antoinette M. Nowak, Executive Secretary
Sania Metzger, Counsel to Assemblyman Green
Elizabeth Burr-Vedder, Committee Clerk



TABLE OF CONTENTS


  1. INTRODUCTION



  2. SUMMARY OF COMMITTEE ACTION


    1. ADOPTION

    2. CHILD ABUSE AND NEGLECT PREVENTION

    3. CHILD DAY CARE

    4. FOSTER CARE AND PREVENTIVE SERVICES

    5. JUVENILE JUSTICE

    6. OTHER



  3. PUBLIC HEARINGS AND REPORTS



  4. OUTLOOK FOR 2002



APPENDIX A - 2001 Summary of Action on All Bills


APPENDIX B - 2001 Bills Signed into Law



I.   INTRODUCTION

The Assembly Standing Committee on Children and Families, established in 1975 as the Committee on Child Care, has jurisdiction over all legislation affecting: 1) child welfare, including foster care and preventive services, child abuse and neglect, runaways, day care, and adoption; 2) juvenile justice, including youth development and delinquency prevention programs; and 3) other services and programs for children and their families, including Family Court processes.

The Committee faced some tough challenges this year. The State Legislature has delayed the original deadline of November 2001 for the implementation of the Persons in Need of Supervision (PINS) age increase to July 1, 2002. The PINS legislation which was approved in June of 2000 and signed by the Governor last December, will increase the age limit of this population from 16 to 18. The resources to implement this new law were not available and would result in placing a considerable burden on counties.

Seamless child care legislation was enacted to enable low-income families who are transitioning to self-sufficiency to continue to receive child care when they experience a break in work activities for certain periods of time. The Assembly recognizes that these families may need continued child care assistance during short breaks in employment or work activities. The bill also allows counties to provide families with child care assistance while working, and at the same time seeking a higher education.

The Assembly also continued its commitment to programs and services that would address the increased need associated with family preservation centers, runaway and homeless youth, child abuse and neglect prevention, child advocacy centers, juvenile delinquency prevention and youth development.

As we approach the 2002 Legislative Session, the Committee will continue to focus on thoughtful, comprehensive and progressive public policies that will improve the lives of children and families in our state.


II.   SUMMARY OF COMMITTEE ACTION

A. ADOPTION

All children deserve the opportunity to grow up in a safe and permanent family environment. Unfortunately, despite preventive and family preservation efforts, reuniting families is not always possible. For the children of these families, the establishment of a permanent home is crucial. The Committee has continuously stressed the need for effective permanency planning as well as the need to create a more timely adoption process.

Legislative Initiatives

CONDITIONAL SURRENDERS OF CHILDREN FOR ADOPTION (A. 8562, Green; Chapter 35 of the Laws of 2001)

Prior to this new legislation, the law allowed parents of children in foster care to limit their surrender of the child for adoption by certain conditions, usually by specifying the person (such as a relative), who will adopt the child. However, the law did not spell out the procedures to be followed when such a condition cannot be met, such as when the proposed adoptive parent decides not to adopt or is not qualified to adopt.

This new law will facilitate conditional surrenders of children for adoption by spelling out new procedures that will require the agency to file a petition with the court and allow the parent to petition the court to take appropriate action. These procedures will aid in moving children out of foster care more quickly.

APPEALS FOR DENIAL OF REQUESTS TO ADOPT (A.779, Tonko; Reported out of Committee)

Current law allows foster parents and relatives of a child who is to be adopted the option of a fair hearing if their request to adopt is denied. However, if such a relationship does not exist between the prospective parents and the child, such a hearing is not an entitlement.

This legislation would allow prospective adoptive parents the option of a fair hearing when they have been approved to be an adoptive parent, but have had their application for adoption denied or not acted upon within 60 days.


B.

CHILD ABUSE AND NEGLECT PREVENTION

Child abuse and neglect continues to be a reality in the lives of many children in New York State. Studies show that victims of abuse and neglect can suffer long-term adverse social and psychological consequences. These children also have a higher risk of abusing their own children in the future. Therefore, it is imperative that children in these situations are protected and that families are able to receive appropriate services in order to prevent further trauma, thereby lessening the after-effects of abuse. It is our responsibility as citizens and as policymakers to ensure that the rights of children are protected. Training and upgrading credentials of child protective service workers are essential components in ensuring that abused and maltreated children and families receive the proper services.

Legislative Initiatives

PARK POLICE INCLUDED AMONG LAW ENFORCEMENT OFFICIALS WITH ACCESS TO STATEWIDE CENTRAL REGISTER OF CHILD ABUSE AND MALTREATMENT (A.1613, Smith; Chapter 35 of the Laws of 2001)

Every year, many crimes take place in State parks, which results in hundreds of investigations being conducted by State Park Police. It is imperative for park police to have ready access to child protective records in order to effectively conduct investigations of possible crimes against children within their jurisdiction.

This new law will help protect children from abuse or maltreatment by adding regional State Park Police to the list of law enforcement officials who have access to the Statewide Central Register of Child Abuse and Maltreatment.

EMERGENCY MEDICAL TECHNICIANS (EMTs) BECOME MANDATED REPORTERS OF SUSPECTED CHILD ABUSE & MALTREATMENT (A. 1779, Kaufman; Chapter 432 of the Laws of 2001)

EMTs are often the first individuals at the scene of a medical emergency and most likely are among the first to recognize any indications of child abuse. However, while the list of mandated reporters of suspected child abuse is extensive, EMTs were not among the professionals included on this list. This bill will remedy this situation by adding EMTs to the list of professionals mandated to report suspected child abuse and maltreatment.

PROTOCOLS FOR MEDICAL EXAMS OF CHILDREN WHO MAY BE VICTIMS OF ABUSE (A.5021, Green; Reported from Committee, Died in Codes Committee)

In recent years, numerous efforts have been undertaken in the fight to identify and prevent child abuse. However, some of these efforts have had unintended consequences. Some children and their families have been needlessly traumatized as a result of these efforts.

This bill would establish proper procedures by introducing additional protocols for medical examinations of children who may be victims of child abuse by requiring notification of the parent or legal guardian of such a child prior to the performance of any such exam, except in instances where the life, health, or safety of a child is at imminent risk.

CLARIFICATION OF "AUTHORIZED AGENCIES" FOR CHILD WELFARE SERVICES (A.5121, Green; Passed Assembly)

This bill would clarify the definition of an authorized agency in the Social Services Law to state that no for-profit corporation, entity, or organization may be considered an "authorized agency" for carrying out child welfare services due to a conflict of interest that would serve to the detriment of the welfare of children by the possible downgrade of the quality of services for the purposes of increasing profit.

Budget Initiatives

CONNECTIONS-STATEWIDE AUTOMATED CHILD WELFARE SYSTEM (SACWIS) (A.1305-B, Budget Bill)

The Office of Children and Family Services is responsible for the implementation and oversight of Connections. This statewide automated child welfare system (SACWIS) was developed for the purpose of tracking child protective, preventive, fostercare and adoption service information throughout the entire state. Connections will eliminate duplicative reporting, facilitate the reduction of paperwork, and integrate information on public assistance programs. However, the system is not yet fully functional due to unforseen problems with the implementation. The State has hired Maximus, Inc. of McLean, Virginia to monitor the project and reassess the strategy being employed with its development, and to offer recommendations for improvements. For SFY 2001-02, the Legislature approved a total appropriation of $30.4 million for the maintenance, development, and operations costs associated with Connections.

PREVENTIVE SERVICES (A.1305-B, Budget Bill)

The provision of a wide range of preventive services to families in need is the key element to family preservation and stability. The goal of home visiting programs, family preservation programs, and a myriad of other supportive and rehabilitative service programs is to empower families to stay together, or to help reunify families that have have been torn apart. For those families that are at risk of having their children temporarily or permanently placed outside the home and into foster care, juvenile detention, or mental health facilities, preventive services can serve as a life line to much needed assistance and support.

The Assembly once again remains committed to funding family preservation and reunification efforts, and therefore directed $6.7 million from the TANF surplus for prevention services in New York State. This funding will support partnerships that focus on intensive case management for families affected by substance abuse.

NEW YORK HOME VISITING PROGRAM (A.1305-B, Budget Bill)

The New York Home Visiting Program is a voluntary program that offers systematic assessments of pregnant women and new parents who may be at risk of child abuse and poor health/development outcomes. This program functions to promote positive parent-child interactions, child development and family functioning in an attempt to reduce the incidence of child abuse, maltreatment, poor health and development outcomes. It allows expansion of the program to communities that are currently underserved. A total of $5.6 million in TANF funds and $1.6 million in general fund appropriations was allocated to support the New York State Home Visiting Program.


C.

CHILD DAY CARE

The availability of child day care is tied to both the social and economic development of New York State. Quite often, the child care expenses for a family of four can exceed the cost of food, rent and other household expenses, often resulting in making the cost of quality child care the single largest expense in the family's budget. The Committee on Children and Families has continued to stress the critical need for accessible, affordable, safe, and quality child care. Parents must have reliable child day care in order to maintain their employment, and young children need quality settings for appropriate educational and social development. This year the Assembly has passed significant legislation that will help make day care more accessible and safer for children of low- to moderate- income families.

Legislative Initiatives

VISITOR CONTROL IN DAY CARE FACILITIES (A.5141, Weisenberg; Chapter 230 of the Laws of 2001)

This new law ensures the safety of children in day care facilities by requiring that visitor control procedures for such facilities are to be in place prior to obtaining or renewing a license from the Office of Children and Family Services.

Previously, there had been no law in place that requires day care facilities to have an established visitor policy in place although many facilities have implemented their own policies. The implementation of policies that will prevent loiterers or other unauthorized personnel from freely roaming around such facilities should not be left up to the discretion of individual day care centers. It can prove to be both dangerous and disruptive to the daily operation of these facilities.

BARRIERS AROUND BODIES OF WATER (A.7182, DelMonte; Chapter 1 of the laws of 2002)

Prior to the enactment of this legislation, New York State had no requirements for family day care homes or group family day care homes to have locked barriers directly around pools or bodies of water on their property. As a result of this oversight, on October 23, 2000, two-year-old Alysa Orzolick became a victim of a tragic drowning while at a family day care home.

This new law will help prevent additional drownings by enacting "Alysa's Law." This law will require that barriers are to be placed around swimming pools and bodies of water on the grounds of family day care homes or group family day care homes, thereby making water inaccessible to children.

SEAMLESS CHILD CARE DURING BREAKS IN WORK ACTIVITIES (A. 8709, Rules/Green; Chapter 569 of the Laws of 2001)

For low-income families working towards independence, the ability to secure and maintain quality child care is imperative in order to obtain better employment or to pursue a higher education. However, there are times when these families experience breaks in employment or work activities, yet still need child care assistance because if their "slot" is lost due to the inability to pay, such families will be unable to engage in the work or educational activities that are necessary to move towards independence.

This new law will enable families who are transitioning to self-sufficiency to continue to receive child care when they experience a break in work activities for a period of up to two weeks, or if the local district authorizes, up to one month.

IMPROVEMENT OF SERVICES TO DEVELOPMENTALLY DISABLED CHILDREN (A.2629, Ortiz; Reported from Committee, Passed Assembly)

This bill would help to improve services to developmentally disabled children in underserved areas of the State by requiring the Commissioner of the Office of Children and Family Services, in consultation with the Council on Children and Families, to identify and select developmentally disabled child care service programs which shall be eligible to receive grant awards for renovations, equipment and repairs. This legislation would also direct the Commissioner to give preference to those areas of the State which are significantly underserved by existing developmentally disabled child care programs and to those programs which involve parents in the development and implementation of such programs.

Budget Initiatives

CHILD CARE DEVELOPMENT BLOCK GRANT PROGRAM (A.1305-B, Budget Bill)

The Child Care Development Block Grant Program contains a total of $804 million. This funding will provide support for low-income child care subsidies, and will also support wage supplements for child care workers.

CHILD CARE RESOURCE AND REFERRAL AGENCIES (A.1305-B, Budget Bill)

Child Care Resource and Referral Agencies (CCRRs) are increasingly important for their unique ability to link parents and child care providers. They help parents make informed choices in selecting child care for their children and develop and maintain quality child care programs that are responsive to local needs.

Providing adequate subsidies for child care is just one aspect of the child day care system. There is a need to identify services, provide information to parents and those interested in starting new day care centers, and provide training to day care providers. CCRRs are an integral part of the child care system that provides such services. In the 2001-02 budget, this program maintained an appropriation of $5 million.

SALARY ENHANCEMENTS AND PROFESSIONAL ADVANCEMENT FOR DAY CARE WORKERS (A.8967, Rules/Green; Passed Assembly)

The promise of competitive salaries and the availability of opportunities for professional advancement are important in order to recruit an experienced and well-qualified workforce. This bill would extend the program authorizing grants to day care workers for salary enhancement and professional advancement.


D.

FOSTER CARE AND PREVENTIVE SERVICES

The foster care system was established in order to provide temporary placement care and services to children and families in crisis while promoting the goal of family reunification. As of October 31, 2000, there were 51,111 children residing in foster care in New York State. Broken down, this total includes 29,305 placed in foster boarding homes; 12,541 placed in kinship care; 8,574 placed in congregate care; and 691 in other care. In an effort to achieve family reunification and stability, federal and state laws have driven the development of preventive, protective and rehabilitative programs to provide required services.

We are continuously more aware of the services that may be needed to foster reunification and stability in families. Adequate care for these children and their families is critical and spans many service areas such as health, mental health, substance abuse, and counseling. It is imperative that we provide a wide array of services to children and families in order to promote the reunification of stable and healthy families.

Legislative Initiatives

AGENCY NOTIFICATION UPON REMOVAL OF CHILD (A.6761-A, Stringer; Passed Assembly)

At times, a caseworker may remove a child from a foster home if he or she suspects that a foster parent is not providing a safe and secure environment for the child placed in their care. However, although the child is removed, there may not be enough evidence to report the foster parent or warrant the revocation of the certificate or license of that household. Therefore, while no other children are placed there by the agency, the home remains open to children from other agencies to be placed.

This bill would ensure that agencies provide a safe and secure environment for foster children by requiring that the Office of Children and Family Services (OCFS) is to be notified when a child is removed from a home that is licensed or certified to receive foster children. It would serve to maintain a history of such removals of children, revocations, non-renewals of certificates and licenses, including the reasons for such actions. This legislation would serve to provide a formal mechanism through which the backgrounds and histories of such applicant can be checked.

PERMANENCY PLANNING FOR CHILDREN IN FOSTER CARE (A.8560, Green; Referred to Ways and Means Committee)

It is extremely important to expedite the movement of children out of foster care. Therefore, it is crucial for agencies to engage in prompt efforts to ensure permanence. This bill would facilitate permanency planning for children in foster care by requiring child protective agencies to obtain information from a parent executing voluntary placement or surrender regarding the child's other parent, or any other person who would be entitled to notice of a proceeding to terminate parental rights, and in abuse and neglect cases involving a child removed from the home, to conduct an immediate investigation to locate a suitable non-respondent parent in addition to the relatives of the child. This legislation would clarify that initial placements and extensions must be measured from the date of the child's first entry into care, in addition to requiring that identifying information obtained for parents of abandoned children is to be recorded in the Uniform Case Record, preserving it for later use in termination of parental rights proceedings.

EDUCATIONAL SERVICES FOR CHILDREN IN FOSTER CARE (A.9023, Rules/ Green; Passed Assembly)

Approximately 50 to 60 percent of children and infants in foster care exhibit some variation of developmental delays, while school-age children in foster care exhibit deficits in behavioral and cognitive development, which is often exacerbated by frequent interruptions in school placement. These children often run a greater risk of eventually dropping out of school than children in the general population.

This bill would ensure that children in foster care are receiving the necessary and appropriate educational services by requiring the agency with which a Person in Need of Supervision (PINS) is placed to engage in constructive planning for the youth's release. It also requires the agency to report to Family Court and involved parties on the permanency plans for children in foster care, including information on steps taken and planned by the child protective or authorized agency to ensure that children are promptly enrolled in pre-school and school programs, and that appropriate evaluations and referrals for early intervention and special educational services are provided. In the case of older adolescents, assistance in obtaining gainful employment or vocational services would be required.

Budget Initiatives

CHILD WELFARE FINANCING (A.6875, Green; Passed Assembly)

The block grant for children and family services expired on March 31, 2001. Under this financing mechanism, the child welfare system was drastically underfunded, leading to a crisis in the child welfare workforce and a decline in the quality of care for foster children. This new financing scheme will ensure that all children who are removed from their homes are well cared for in foster care while encouraging local districts to do all that they can to prevent the need for foster care placements.

This bill would restructure the way that child welfare is financed, eliminating the block grant for children and family services and replacing it with 50% State reimbursement for foster care services, and 65% reimbursement for all other child welfare except for adoption subsidies. This bill also addresses the need to increase the quality of child welfare services through the creation of the Commission on Quality of Care for Children, the implementation of a Quality Enhancement Fund, and the shift to a standards system based on positive child welfare outcomes.


E.

JUVENILE JUSTICE

Current statistics reveal that there are over 3,700 youth, ages 8 to 21, in the custody of OCFS' Division of Rehabilitative Services. Though the number of youth adjudicated for the most serious crimes has decreased in past years, the overall number placed in residential facilities under OCFS and other residential facility service providers has increased.

An overwhelming number of children in placement show signs of mental health and behavioral health problems such as sex offenses, substance abuse, and violent crime. Rehabilitative services attempt to address the myriad of problems facing these youth to reduce the rate of recidivism. The Committee has continually emphasized the need for an integrated, community-based approach in order to prevent youth from being placed in these types of facilities by providing services for these children before they are placed. For those who are inadvertently placed, the Committee traditionally supports intensive after-care services so that they can effectively and safely integrate back into their communities.

Legislative Initiatives

CHILD WELFARE DIVERSION PROGRAM (A.5018, Green; Referred to Rules Committee)

Studies have indicated that it is more cost-effective to keep a family together through the provision of services than for a child to enter foster care. This legislation attempts to remove unnecessary cases from the Family Court system by establishing family group conferences and a child welfare diversion program. Such services are designed to utilize extended family and other available resources to prevent a child from being placed in foster care. Many families from which children are removed are in crisis, and therefore adaptable to change. Placements could be avoided by providing much needed consistent services, thereby resulting in keeping families together.

Budget Initiatives

AID TO YOUTH BUREAUS (A.5023, Green; Chapter 182 of the laws of 2002)

Youth bureaus provide essential services to adolescents in communities throughout this state. However, State funding for such services has not kept in stride with the growing needs of this population in these communities. This bill provides financial aid to municipalities for Youth Development and Delinquency Programs (YDPP), Special Delinquency Prevention Programs (SDPP) and Runaway and Homeless Youth Plans.

TRAINING, EDUCATION, AND AFTERCARE MODEL (TEAM) DEMONSTRATION PROGRAM (A.5020, Green; Referred to Rules Committee)

The New York State Division of Criminal Justice Services has recently released a report on juvenile recidivism. While upon release these juveniles are provided with aftercare services, the impact of these services seems to be questionable due to the considerably high rates of recidivism -- estimated at 75 percent within three years of release.

This bill attempts to reduce the aftercare loads and recidivism rates of juvenile delinquents in limited secure facilities by establishing the Training, Education, and Aftercare Model (TEAM) demonstration program.

The TEAM program provides various aftercare and follow-up services for a minimum of one year that would include intensive case management, job counseling, and job search assistance and placement, among other services. Additional benefits of this program include the development of youth service plans for the purpose of setting goals and identifying services necessary for post-release success. Further, along with certain educational services, other training services to enhance occupational training programs, conflict resolution, independent living skills, substance abuse counseling, and job search and interviewing techniques are also provided.

It is the intent of this legislation to utilize models of intensive, performance driven interventions and aftercare, along with outcome data to track what is happening to this population upon release so that additional measures can be implemented to reduce rates of recidivism.


F.

OTHER ISSUES

MISSING PERSON PROMPT RESPONSE AND NOTIFICATION PLANS (A.1794, Magnarelli; Passed Assembly, Vetoed by Governor)

It is imperative that law enforcement agencies have specific alert and notification plans in place before an abduction occurs so that such plans can be activated as quickly as possible in an attempt to avoid an even greater tragedy.

This bill's intent was to increase the likelihood that missing children, missing college or university students, and other missing persons would be located quickly and safely returned to their families by establishing definitions for missing child, missing student, and missing person. This legislation would have increased the definitional age of "missing child" from 18 to 21 years of age in addition to providing that a missing child shall continue to be considered a missing child so long as he or she has not been located, even if he or she attains the age of 21 years. Further, this bill would require the Commissioner of the State Division of Criminal Justice Services to develop and disseminate missing child and missing person prompt response and notification plans that could be implemented by local communities and law enforcement agencies in the event that a child, student or other person is confirmed to be missing. The implementation of such a plan would have allowed for cooperating radio stations and broadcast outlets to be prepared in advance for prompt action.


III.   PUBLIC HEARINGS AND REPORTS

FINANCING OF THE CHILD WELFARE SYSTEM

In February of 2001, the Committee held hearings to examine the future funding mechanisms for child welfare services in New York State. Since 1995, New York State has used a fixed block grant allocation as the primary funding mechanism for the State's child welfare system. Currently, foster care, prevention, residential programs for juvenile delinquents, persons in need of supervision and adoption services are funded through the block grant. Child Protective Services, while initially part of the block grant, were removed from the grant in 1998 and funded through a capped appropriation.

During the 1999 session, the Legislature authorized an extension of the block grant until March 31, 2001 and directed OCFS to submit to the Legislature a recommended alternative child welfare services funding mechanism by July 1, 2000.

Key issues that were addressed during testimony included the uncapping of the foster care block grant. Limiting needed support and services that are vital to the well being of abused and neglected children cannot be an option. There was much agreement on the 65% State reimbursement rate for other services.

EARLY CHILDHOOD EDUCATION

In June of 2001, the Committee co-sponsored a hearing to gather information to build on and create new programs to provide opportunities for young children.

The Assembly Majority recognizes the vital necessity of providing opportunities for early learning and a stimulating environment for children between birth and five years old.

This hearing sought to develop ideas for programs which build on and enhance existing services to young children, thereby expanding opportunities for them to develop the skills they will need for success in the future.

PERSON IN NEED OF SUPERVISION (PINS)

In December of 2001, the Committee held a hearing to examine the readiness of the State's child welfare system to effectively implement the increase in the PINS age from 16 to 18 years.

With the passage of Chapter 596 of the Laws of 2000, the Legislature increased the maximum age that a person can be declared in need of supervision from 16 to 18 years. While the concerns and conditions prompting the passage of the increase of the PINS age continue to exist, and while the increase in the PINS age continues to be an appropriate response to the needs of children and their families, the implementation of this age increase has been postponed until July 1, 2002 to provide localities with sufficient time to prepare for an influx of an older PINS population.

The purpose of this hearing was to better understand the impact that this age increase will have on the current system, and to determine what services will be necessary to effectively meet the needs of an older PINS population, as well as any systemic reform that may be required to structure a PINS system that effectively meets the needs of children and families.

MIXED-USE HOUSING

Hearings were convened in March and April of 2001 on mixed-use housing, co-sponsored by the Housing Committee and the Children and Families Committee. The purpose of this hearing was to explore ways to maximize State capital dollars for building affordable residential housing units in conjunction with day care centers. These committees will continue to examine this issue in the upcoming session.

A GUIDE TO NEW YORK'S CHILD PROTECTIVE SERVICES SYSTEM

A revised edition of "A Guide to New York's Child Protective Services System" was released in the fall of 2001.

This handbook serves as a guide through the complex structure of New York's Child Protective Services System. It is also designed to expand awareness of child abuse and highlight the process that occurs when child abuse is reported.


IV.   OUTLOOK FOR 2002

A.   Kinship Guardianship

Kinship guardianship will continue to be an important part of the Committee's agenda in 2002. Currently, nothing in statute allows the Family Court to grant alternative placement for children requiring out-of-home placement. Placing a kinship foster child with a kinship guardian would allow families to remain intact while reducing further trauma for children placed in the foster care system.

B.   Child Welfare Financing

The block grant for children and family services expired on March 31, 2001. At that time the Legislature continued the same funding methodology as the block grant to finance child welfare services. In the 2002 session, the Legislature will decide on the future of the current block grant funding scheme for child welfare services.

C.   PINS (Persons in Need of Supervision)

The new PINS law will become effective in July 2002. The Legislature will look at possible court reform and other system changes to better serve the new age population.

D.   Dual Track Demonstration Program

The dual track demonstration program would establish a dual track response by designated local social services districts aimed at eliminating adversarial relationships with families in less serious cases of child neglect, and by providing a service-based approach to families on the assessment track. The second track is the investigative track, which would be administered in compliance with current law.



Summary of Action on All Bills


FINAL ACTION
ASSEMBLY
BILLS
SENATE
BILLS
TOTAL BILLS

Bills Reported With or Without Amendment

To Floor; Not Returning to Committee
1 0 1
To Floor; Recommitted and Died
0 0 11
To Ways & Means
11 0 16
To Codes
16 0 16
To Rules
5 0 5
To Judiciary
0 0 0

TOTAL

33

0

33

Bills Having Committee Reference Changed

2 0 2
Senate Bills Substituted or Recalled

Substituted

 

2

2
Recalled
 2 0 0

TOTAL
 
2

2

Bills Defeated in Committee

0

0

0

Bills Never Reported, Held in Committee

125

6

131

Bills Never Reported, Died in Committee

0

0

0

Bills Having Enacting Clauses Stricken

0

0

0

Motion to Discharge Lost

0

0

0

TOTAL BILLS IN COMMITTEE

160

8

167

Total Number of Committee Meetings Held

9    


APPENDIX B

2001 BILLS SIGNED INTO LAW


Bill # Sponsor Description   Chapter #

A. 1613 Smith Adds Regional State Park Police to the list of law enforcement officials who have access to the Statewide Central Register of Child Abuse and maltreatment.   35

A. 1779 Kaufman Adds Emergency Medical Technicians (EMTs) to the list of professionals mandated to report suspected child abuse and maltreatment.   432

A. 5141 Weisenberg Assures the safety of children in day care facilities by requiring that visitor control procedures for such facilities are in place prior to obtaining or renewing a license from the Office of Children and Family Services.   230

A. 8709 Rules (Green)   Allows families to continue to receive child care when they experience a break in work activities for a period of up to two weeks, or if the local district authorizes, up to one month.   569


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