Relates to chemical testing for prospective foster parents; includes, but is not limited to drug and alcohol testing; authorizes office of children and family services to issue random chemical testing, including but not limited to, drug testing, to foster parents.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6716
SPONSOR: Pretlow TITLE OF BILL:
An act to amend the social services law, in relation to chemical testing
for prospective foster care parents
PURPOSE:
Relates to chemical testing for prospective foster parents prior to
certification.
SUMMARY OF SPECIFIC PROVISION:
THIS BILL WILL AMEND SECTION 378 OF THE SOCIAL SERVICES LAW BY ADDING A
NEW SUBDIVISION 6. SUBDIVISION 6 (A) WILL NOT ALLOW SUCH LICENSE OR
CERTIFICATE TO BE AWARDED TO PROSPECTIVE FOSTER PARENT PRIOR TO CHEMICAL
TESTING, INCLUDING, BUT NET LIMITED TO DRUG AND ALCOHOL TESTING. IN THE
GIVEN CASE IF SUCH CHEMICAL TESTING REVEALS A POSITIVE PRESENCE OF DRUGS
OR ALCOHOL IN SUCH A PROSPECTIVE FOSTER. PARENT THE APPLICATION FOR
CERTIFICATION OR LICENSURE WILL BE DENIED.
ONCE THE FOSTER PARENT IS AWARDED LICENSE OR CERTIFICATE SUBDIVISION 6
(B) STATES THAT THE DEPARTMENT SHALL ISSUE RANDOM CHEMICAL TESTING TO
FOSTER PARENTS, INCLUDING BUT NOT LIMITED TO, DRUG AND ALCOHOL TESTING.
JUSTIFICATION:
Social Services has reported various incidents where foster parents have
been arrested for drug charges, by State Police. Background checks are
done prior to the approval of foster parents, but in certain cases there
is no information that leads to the history of substance abuse. In order
to locate suitable foster homes for children to insure their safety,
foster parents should be required to take chemical testing prior to
certification. If the testing is found to be positive the individual
should be denied for application or certification.
PRIOR LEGISLATIVE HISTORY:
2024 01/03/24 A3491 referred to children and families
2023 02/03/23 A3491 referred to children and families
2022 01/05/22 A1841 referred to children and families
2019-2020 A3734 referred to children and families
2015 - 2016 A2142 referred to children and families A3925
2013-14 referred to children & families A2494
2009/2010 referred to children and families
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
6716
2025-2026 Regular Sessions
IN ASSEMBLY
March 10, 2025
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Children and Families
AN ACT to amend the social services law, in relation to chemical testing
for prospective foster care parents
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 378 of the social services law is amended by adding
2 a new subdivision 6 to read as follows:
3 6. (a) No such license or certificate shall be awarded to a prospec-
4 tive foster parent prior to chemical testing, including, but not limited
5 to, drug and alcohol testing. Notwithstanding any other provision of law
6 to the contrary, an application for certification or licensure or
7 approval of a prospective foster parent shall be denied where such chem-
8 ical testing reveals a positive presence of drugs or alcohol in such
9 prospective foster parent.
10 (b) The office of children and family services shall issue random
11 chemical testing to foster parents, including, but not limited to, drug
12 testing.
13 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07738-01-5
