2006 STATE LEGISLATION
Child Protective Services
Termination Parental Rights for Homicide - Chapter 460 of the Laws of 2006 (S.5392-B/A.11582-B)
Authorizes the institution of a TPR proceeding against a person who is convicted of homicide where the victim was another child for whom the person was legally responsible or another parent of the child. The legislation provides a possible exception to the TPR requirement for homicide of another parent where the convicted parent was a victim of domestic violence.
(PDF) Chapter 460 of the Laws of 2006 (S.5392-B/A.11582-B)
Effective November 14, 2006.
Expansion of Child Fatality Reviews and Teams - Chapter 485 of the Laws of 2006 (S.6703-B / A.10023-B)
Expands the purview, role and composition of child fatality review teams (CFRT).
- In addition to investigating the death of a child in foster care or whose death was reported to the Statewide Central Register of Child Abuse and Maltreatment (SCR), OCFS will be required to investigate and issue a report on the fatality of any child for whom the social services district has an open child protective or preventive services case. Where there is a local CFRT that issues reports, this role could be assumed by the local CFRT.
- A CFRT also has permissive authority to investigate any unexplained or unexpected death of a child.
- Expands the required members of a CFRT to include local health officials, the coroner or medical examiner, the county attorney's office, the district attorney's office, and local and State law enforcement.
- The applicable time frames for receipt of a coroner's report on all such fatalities within the purview of the CFRT or OCFS are also tightened to require the preliminary report promptly, but in no event later than sixty days from the date of death, absent extraordinary circumstances.
(PDF) Chapter 485 of the Laws of 2006 (S.6703-B / A.10023-B)
Effective December 14, 2006.
Dual Investigation/Multidisciplinary Teams - Chapter 494 of the Laws of 2006 (S.7042-A/A.11854)
- Requires a local child protective services (CPS) to provide notice to and also jointly investigate with its multi-disciplinary team (MDT) or law enforcement in counties without a MDT, a SCR report received of suspected child abuse or maltreatment alleging physical abuse, sexual abuse or death of a child.
- The new law requires CPS to also make an assessment of whether notice to law enforcement should be made where a report made by a mandated reporter alleges physical harm to a child and two other pending or indicated SCR reports were made in the previous six months involving the same child, a sibling or another child in the same household. If notice is given, CPS must jointly investigate the report with its MDT or law enforcement in counties without a MDT.
- The law permits CPS and law enforcement to develop different local protocols on joint investigations of SCR reports. Such local protocols must be approved by OCFS.
(PDF) Chapter 494 of the Laws of 2006 (S.7042-A/A.11854)
Effective December 14, 2006.
CHAMP - Chapter 516 of the Laws of 2006 (S.7643-A/A.11636-A)
Adds a new section 422-c to the Social Services Law (SSL) requiring OCFS to contract with the Upstate Medical Center at the State University of New York in Syracuse for a child abuse medical provider program (CHAMP) designed to improve access to quality medical services for child abuse victims. CHAMP provides information, training and mentoring on child abuse and maltreatment identification and treatment to mandated reporters in medical professions.
(PDF) Chapter 516 of the Laws of 2006 (S.7643-A/A.11636-A)
Effective August 16, 2006.
Child Advocacy Centers - Chapter 517 of the Laws of 2006 (S.7644-B/A.11188-A)
- Adds new SSL §423-a establishing child advocacy centers (CACs) to deal with cases of child victims of sexual abuse and serious physical abuse.
- CACs must meet the minimum standards established in SSL §423-a.
- Requires OCFS to facilitate the creation of CACs in every region of New York State.
(PDF) Chapter 517 of the Laws of 2006 (S.7644-B/A.11188-A)
Effective February 12, 2007.
Child Protective Service Supervisors Qualifications and Training for Caseworkers and Supervisors - Chapter 525 of the Laws of 2006 (S.7816/A.11574)
- Establishes minimum qualifications and training requirements for CPS supervisors.
- Current CPS supervisors must be trained within a year of the effective date of the legislation. Newly appointed CPS supervisors must complete the training at the time of their appointment.
- Establishes on-going annual training requirements for all CPS supervisors and workers.
(PDF) Chapter 525 of the Laws of 2006 (S.7816/A.11574)
Effective November 14, 2006.
Child Abuse Public Information Campaign - Chapter 539 of the Laws of 2006 (S.8131/A.11635)
Requires OCFS, to the extent that appropriations are made available therefor, to conduct a public information campaign emphasizing zero tolerance for child abuse. The public information campaign must include information about the signs of child abuse and maltreatment, the child abuse hotline and the services that are available to help at risk families.
(PDF) Chapter 539 of the Laws of 2006 (S.8131/A.11635)
Effective August 16, 2006.
Educational Neglect Reports - Chapter 543 of the Laws of 2006 (S.8183/A.11571-A)
- Requires OCFS in conjunction with the State Education Department (SED) to develop model policies and practices for LDSS and school districts regarding reporting and investigation of educational neglect. OCFS and SED must post the model policies and practices on their respective web sites by September 1, 2007.
- Each LDSS in conjunction with school districts located within that LDSS's jurisdiction must develop policies and procedures for reporting and investigating educational neglect based on the OCFS/SED model policies and practices. The LDSS must submit their policies and procedures to OCFS for review by January 1, 2008.
- OCFS must approve or disapprove the proposed policies and procedures within 60 days of receipt.
(PDF) Chapter 543 of the Laws of 2006 (S.8183/A.11571-A)
Effective August 16, 2006.
Hospital Protocols - Child's Death - Chapter 632 of the Laws of 2006 (A.11666/ S.8082)
Requires the Department of Health (DOH) to establish protocols for medical review of unnatural child deaths at a hospital or while a child is being transported to a hospital. The protocols must include reporting appropriate cases to the SCR and law enforcement. DOH is required to consult with OCFS, LDSS, child fatality review team coordinators, law enforcement and appropriate medical experts when developing the protocols.
(PDF) Chapter 632 of the Laws of 2006 (A.11666/ S.8082)
Effective August 16, 2006.
Child Protective Services Access Warrants - Chapter 740 of the Laws of 2006 (S.8344/A.11852-A)
- Establishes a procedure to enable a CPS which is unable to locate or is denied access to a child who is the subject of a report, to obtain a warrant permitting immediate access where the CPS has reason to believe the life or health of the child is endangered.
- The CPS may contact law enforcement to accompany the CPS and enforce the warrant.
- Law enforcement personnel if contacted must respond and remain at the location where it is believed the child may be present.
- Such warrant may be obtained prior to the filing of the petition initiating a child protective proceeding.
- Requires 24-hour a day access to family court to obtain the warrant.
(PDF) Chapter 740 of the Laws of 2006 (S.8344/A.11852-A)
Effective January 18, 2007.
back to top
Foster Care and Adoption
One Family, One Judge - Chapter 185 of the Laws of 2006 (S.7888/A.8655-A)
- Provides that any subsequent proceeding involving the surrender, termination of parental rights (TPR) or adoption of a child in foster care pursuant to Family Court Act (FCA) Article 10 or 10-A or SSL §358-a be filed in the court that originally exercised jurisdiction over the child protective or voluntary placement case regarding the child. Whenever practicable, the same judge who presided at previous court appearances is to be assigned to the subsequent proceeding.
- Provides a process to permit the court of original jurisdiction to determine whether to exercise jurisdiction over the case where a TPR or adoption petition is filed in a court other than the court or jurisdiction that presided over the prior proceeding(s).
(PDF) Chapter 185 of the Laws of 2006 (S.7888/A.8655-A)
Effective October 24, 2006.
Dual Representation - Chapter 372 of the Laws of 2006 (S.7419-A/A.11570)
Prohibits an attorney or law firm from providing legal services in an adoption proceeding both to an authorized agency directly or indirectly involved in the adoption and the adoptive or birth parent(s).
(PDF) Chapter 372 of the Laws of 2006 (S.7419-A/A.11570)
Effective June 1, 2007.
Permanency Bill Technical Amendments - Chapter 437 of the Laws of 2006 (S.8435/A.11792-A)
Technically amends provisions enacted by Chapter 3 of the Laws of 2005, also known as the Permanency Bill, as follows:
- Clarifies timeframes for permanency hearings in cases involving a SSL §358-a voluntary placement and for a suspended judgment that has been satisfied under FCA §633.
- Amends FCA §1089 to require setting the date certain for the permanency hearing for a child who is entering foster care to coincide with the previously established date certain of a sibling or half-sibling who is currently in foster care unless the sibling or half-sibling entered foster care under FCA Article 3 or 7.
- Clarifies that if a child entering foster care already has a sibling or half-sibling for whom assessments and services plans are being developed under SSL §409-e, the schedule for assessments and services plans for the new child are to be the same as the existing schedule for the child's sibling or half-sibling unless the child is in the sole custody of OCFS.
- Requires that permanency hearings must be completed within 30 days of the date certain set for the hearing and not, as currently required, within 30 days of the commencement of the permanency hearing.
- Amends the notification provisions of FCA §1089 to dispense with notification to the birth parent where the parental rights of the birth parent have been terminated or surrendered.
- Permits the court to dispense with notification to a former foster parent where the court determines it is in the best interests of the child.
- Expands the persons who would be entitled to the appointment of counsel to include the parent, foster parent and other person with physical or legal custody of a child involved in abuse or neglect proceedings under FCA Article 10 or a permanency hearing under FCA Article 10-A.
- Amends FCA §§1055 and 1089 to clarify when a foster child may be finally discharged from care prior to the next scheduled permanency hearing.
- Authorizes trial discharge of a foster child with a parent or other potential permanency resource before the next scheduled permanency hearing, unless a court order precludes trial discharge.
- Amends the post-adoption contact provisions in Domestic Relations Law (DRL) §112-b to clarify that the approval of a post-adoption contact agreement based upon the best interests of the child must be done at the time of the approval of the surrender by the judge approving the surrender.
- Restores provisions that were inadvertently deleted by Chapter 3, such as provisions in FCA §1055 that required the placement order to include a description of the visitation plan, and a requirement that the respondent parents are notified of planning conferences and their right to attend the conferences.
(PDF) Chapter 437 of the Laws of 2006 (S.8435/A.11792-A)
Effective July 26, 2006.
DASNY Bond Cap - Chapter 508 of the Laws of 2006 (S.7429/A.10804)
Increases from $30 million to $60 million the bonding authority for Dormitory Authority of the State of New York (DASNY) financing of construction and renovation of residential programs for children. This bonding authority was originally enacted as Chapter 472 of the Laws of 2004.
(PDF) Chapter 508 of the Laws of 2006 (S.7429/A.10804)
Effective August 16, 2006.
Continued Adoption Subsidy - Chapter 518 of the Laws of 2006 (S.7659-A/ A.11725-A)
- Establishes procedures to permit continued payment of an adoption subsidy to age 21 where the adoptive parents of an eligible child die after the child's 18th birthday and requires LDSS to notify the child of the procedures.
- Permits appointment of a guardian for a child over the age of 18 or a representative payee to receive the adoption subsidy payment on behalf of the child.
- Provides the child with the right to a fair hearing pertaining to the certification of a representative payee.
(PDF) Chapter 518 of the Laws of 2006 (S.7659-A/ A.11725-A)
Effective August 16, 2006, retroactive application.
Restraint and Crisis Intervention - Chapter 624 of the Laws of 2006 (A.11055-A /S.7616-A)
- Establishes a restraint and crisis intervention technique committee within the Council on Children and Families (CCF).
- The committee must identify the most effective, least restrictive and safest behavior modification techniques for children residing in enumerated residential programs for children.
- The programs are agency-operated boarding homes regulated by OCFS, and other specified programs regulated by the Department of Mental Hygiene and SED.
- The committee must establish coordinated standards for the residential programs for children and issue a report with its recommendations and draft regulations by September 1, 2007.
(PDF) Chapter 624 of the Laws of 2006 (A.11055-A /S.7616-A)
Effective December 14, 2006.
Foster and Adoptive Parent FBI Checks - Chapter 668 of the Laws of 2006 (S.6681/A.10144)
- Requires that prospective foster and adoptive parents as well as persons over 18 years of age currently residing in the homes of such prospective parents be screened against the Federal Bureau of Investigation (FBI) criminal history data base in addition to the New York State Division of Criminal Justice Services' (DCJS) data base.
- OCFS must process the fingerprints and rap sheets and pay the processing fee for the FBI checks as it does for DCJS criminal history background checks.
(PDF) Chapter 668 of the Laws of 2006 (S.6681/A.10144)
Effective January 11, 2007.
back to top
Adult Protective
Ombudsman Posters - Chapter 317 of the Laws of 2006 (S.5804/A.11699)
Requires all family type homes for adults to display a poster regarding the long term care ombudsman in the main entrance to the program or other area where notices to residents are commonly displayed.
(PDF) Chapter 317 of the Laws of 2006 (S.5804/A.11699)
Effective July 26, 2006.
OMR Reports of Abuse - Chapter 356 of the Laws of 2006 (S.7169-A/A.10130-A)
- Amends Chapter 536 of the Laws of 2005 to require the Office of Mental Retardation and Developmental Disabilities (OMR) to intervene where the Commissioner of OMR receives a report of abuse involving a person with a mental disability who is receiving services in an OMR authorized program. The Commissioner is required to refer any other report of adult abuse to the local adult protective services office.
- Requires annual reports by OMR and OCFS to the Legislature on adult abuse reports.
(PDF) Chapter 356 of the Laws of 2006 (S.7169-A/A.10130-A)
Effective July 26, 2006, retroactive to February 12, 2006.
back to top
Preventive Services
Safe Mentoring - Chapter 459 of the Laws of 2006 (S.5071-B/A.7326-D)
- Enacts a "Safe Mentoring" program enabling mentoring programs to conduct criminal history reviews through DCJS of prospective employees and mentoring volunteers who may have unsupervised contact with children.
- OCFS must process the fingerprints and criminal history records through DCJS on behalf of the mentoring programs. The mentoring programs must pay the processing fees.
- Mentoring programs must establish policies on using individuals with criminal convictions as mentors.
- Permits a parent to authorize a mentor with a criminal history to work with his or her child except where the conviction is for a sex offense or crime against a child.
(PDF) Chapter 459 of the Laws of 2006 (S.5071-B/A.7326-D)
Effective April 1, 2007.
Immunization Registry - Chapter 544 of the Laws of 2006 (S.8227-B/A.12021-A)
- Establishes a Statewide Immunization Registry (Public Health Law §2168) within DOH for the purposes of collecting and making available to authorized users information on the immunization status of children under the age of 19.
- Public Health Law §2168 defines "authorized users" as including parents, guardians, persons in a custodial relationship, local social services districts, schools, and health care providers. The definition of "schools" includes day care agencies.
- Authorized users may access the registry to check which vaccinations a child has received to verify that the child has the required immunizations and avoid unneeded duplicate immunizations.
(PDF) Chapter 544 of the Laws of 2006 (S.8227-B/A.12021-A)
Effective December 1, 2006
back to top
Child Day Care
Vaccinations for Child Day Care - Chapter 189 of the Laws of 2006 (A.8761-B /S.8341-A)
Adds pneumococcal disease to those diseases against which parents must immunize their children prior to admission to day care agencies and other enumerated programs that serve children under the age of two.
(PDF) Chapter 189 of the Laws of 2006 (A.8761-B /S.8341-A)
Effective July 26, 2006, applicable to children born on or after January 1, 2008.
Family Day Care Home Taxes - Chapter 319 of the Laws of 2006 (S.6008/A.10650)
Prohibits localities from imposing a higher assessment for real property tax purposes on a residence used as a family day care home, than if the property were not used as
a family day care home. Does not apply to group family care homes.
(PDF) Chapter 319 of the Laws of 2006 (S.6008/A.10650)
Effective July 26, 2006, applies to tax rolls as of January 1, 2007.
back to top
Orders of Protection
Animals in Orders of Protection - Chapter 253 of the Laws of 2006 (A.10767-A / S.7691-A)
Adds as a permissible condition of an order of protection a requirement that the respondent refrain from intentionally injuring or killing, without justification, any "companion animal" the respondent knows to be owned, possessed, leased, kept or held by the petitioner or a minor child residing in the household.
(PDF) Chapter 253 of the Laws of 2006 (A.10767-A / S.7691-A)
Effective July 26, 2006.
back to top
Governmental Agencies
Electronic FOIL Requests - Chapter 182 of the Laws of 2006 (A.7993-B/S.5668-A)
- Requires governmental entities subject to the Freedom of Information Law (FOIL) to accept FOIL requests submitted by e-mail and respond by e-mail, unless a response in another format is requested.
- Requires the Committee on Open Government to develop a form for FOIL requests and to make the form available on the Internet.
(PDF) Chapter 182 of the Laws of 2006 (A.7993-B/S.5668-A)
Effective October 24, 2006.
FOIL Litigation Costs - Chapter 492 of the Laws of 2006 (S.7011-A/A.11854)
Provides that the court may grant attorney's fees and other reasonable litigation costs where a person denied access under FOIL substantially prevails in an Article 78 proceeding and the government agency either had no reasonable basis for denying access to the records or failed to respond to the FOIL request or appeal within the statutory timeframes.
(PDF) Chapter 492 of the Laws of 2006 (S.7011-A/A.11854)
Effective August 16, 2006.
back to top
Public Employees
Workplace Violence - Chapter 82 of the Laws of 2006 (S.6441/A9691)
- Requires public employers, including political subdivisions of the State, to develop and implement written plans to prevent workplace violence based on an evaluation of risk factors present in the workplace. "Workplace" is defined as any location where a public employee performs work-related duties, except the employee's own home.
- Employers must provide employees with information on the workplace violence prevention program. Employers must train employees upon initial assignment and annually thereafter on the risks of occupational assault and homicides in the workplace.
- Employees and employee organizations may bring alleged violations of the employer's workplace violence prevention program to the attention of the Department of Labor.
(PDF) Chapter 82 of the Laws of 2006 (S.6441/A9691)
Was originally effective October 5, 2006. Effective date delayed by Chapter 542 of 2006 until March 4, 2007
back to top
Criminal Justice
Duration of Sex Offender Registration - Chapter 1 of the Laws of 2006 (S.6409/A.9472)
Increases from ten to 20 years the duration of sex offender registration requirements for level one sex offenders (sexual offenders determined to pose a low risk to reoffend). Requires level two sex offenders (sexual offenders determined to pose a moderate risk to reoffend) to register for life. Eliminates the opportunity to petition for relief from registration for level three sex offenders (sexual offenders determined to pose a high risk to reoffend), sexual predators, sexually violent offenders and predicate sex offenders.
(PDF) Chapter 1 of the Laws of 2006 (S.6409/A.9472)
Effective January 18, 2006.
Statute of Limitations on Sex Offense Criminal Actions and Civil Proceedings - Chapter 3 of the Laws of 2006 (S.8441/A.12012)
- Eliminates the criminal statute of limitations for the class A felonies of rape in the first degree, criminal sexual act in the first degree, aggravated sexual abuse or course of sexual conduct against a child in the first degree.
- In addition, the victim of such a sexual offense has at least five years after the termination of a criminal action against the defendant to bring a civil lawsuit against the defendant.
(PDF) Chapter 3 of the Laws of 2006 (S.8441/A.12012)
Effective June 26, 2006, applicable to offenses committed on or after the effective date, and to civil actions not barred by the statute of limitations on the effective date.
Sex Offender Notification - Chapter 96 of the Laws of 2006 (S.7277/A.10778)
Substitutes the Division of Parole for the Department of Correctional Services as the agency responsible for providing 30 days advance notice to the LDSS in the county where a level two or three sex offender expects to reside, where the offender is likely to seek access to services for homeless persons.
(PDF) Chapter 96 of the Laws of 2006 (S.7277/A.10778)
Effective as of October 1, 2005.
Sex Offender Registration Information - Chapter 106 of the Laws of 2006 (A.8370-A / S.8457)
- Permits law enforcement to disseminate to vulnerable organizations such as child day care centers, information about level one sex offenders in the area in addition to information regarding level two and three sex offenders.
- Expands the subdirectory of sex offenders posted on DCJS website to include information about level two sex offenders in addition to level three sex offenders.
(PDF) Chapter 106 of the Laws of 2006 (A.8370-A / S.8457)
Effective June 23, 2006.
Predatory Sex Offenses - Chapter 107 of the Laws of 2006 (A.8939-A/S.8459)
Establishes the crimes of predatory sexual assault and predatory sexual assault against a child, as class A-II felonies requiring registration as a sex offender and a minimum sentence of imprisonment of not less than ten years to life and a maximum sentence of 25 years to life.
- Predatory sexual assault is defined as the commission of the crime of rape in the first degree, criminal sexual act in the first degree, aggravated sexual abuse in the first degree, or course of sexual conduct against a child in the first degree with serious physical injury to the victim or the use or threat of the immediate use of a dangerous instrument; or commission of the same criminal conduct against one or more additional persons; or previous conviction for a felony sexual offense, incest or use of a child in a sexual performance.
- Predatory sexual assault against a child is defined as commission of the crime of rape in the first degree, criminal sexual act in the first degree, aggravated sexual abuse in the first degree, or course of sexual conduct against a child in the first degree, where the perpetrator is 18 years old or more and the victim is less than 13 years old.
- These offenses are not added to those that are juvenile offender offenses.
(PDF) Chapter 107 of the Laws of 2006 (A.8939-A/S.8459)
Effective June 26, 2006.
Cynthia's Law - Chapter 110 of the Laws of 2006 (S.7008/A.10539)
- Toughens the criminal penalties for recklessly causing a serious injury to the brain of a child less than five years old by shaking, slamming or throwing the child.
- Also requires DOH to develop and implement a public information and educational campaign on Shaken Baby Syndrome to inform the general public about the risk of brain injuries and the other harmful effects of shaking infants and children under the age of five.
(PDF) Chapter 110 of the Laws of 2006 (S.7008/A.10539)
Effective November 1, 2006
Incest Offenses - Chapter 320 of the Laws of 2006 (S.6277-B/A.9305-B)
- Establishes the crimes of incest in the first, second or third degree as separate criminal offenses depending on the severity and nature of the underlying sexual offense.
- Incest in the third degree is a class E felony, incest in the second degree is a class D felony, and incest in the first degree is a class B felony. All three offenses require registration as a sex offender.
(PDF) Chapter 320 of the Laws of 2006 (S.6277-B/A.9305-B)
Effective November 1, 2006.
Sale of Controlled Substance on a School Bus - Chapter 436 of the Laws of 2006 (S.8431/A.5533-A)
Includes school buses in provisions that penalize more severely the criminal sale of controlled substances (illegal drugs) occurring on or near school grounds.
(PDF) Chapter 436 of the Laws of 2006 (S.8431/A.5533-A)
Effective September 1, 2006.
Use of Child in Controlled Substance Offense - Chapter 564 of the Laws of 2006 (A.2833/S.1787)
Criminalizes the act of using a child under the age of 16 by a person over the age of 18 to commit a controlled substance offense. Use of a child to commit a controlled substance offense is a class E felony.
(PDF) Chapter 564 of the Laws of 2006 (A.2833/S.1787)
Effective November 1, 2006.
District Attorney Notification to CPS - Chapter 647 of the Laws of 2006 (S.1626-A/A.5058-A)
Requires the district attorney, upon the conviction of a person legally responsible for a child of an enumerated crime against such child, to notify the local CPS of the conviction, the name of the defendant, the name of the child and the name of the prosecutor.
(PDF) Chapter 647 of the Laws of 2006 (S.1626-A/A.5058-A)
Effective October 13, 2006.
back to top
Educational Services
Shaken Baby Syndrome Curriculum - Chapter 177 of the Laws of 2006 (A.6832/S.4088-B)
Requires SED to include information on the Shaken Baby Syndrome in the curriculum for parenting and child development courses offered in secondary schools.
(PDF) Chapter 177 of the Laws of 2006 (A.6832/S.4088-B)
Effective September 1, 2007.
back to top
Vetoes of CPS Legislation
Mandated Reporter Training - Veto No. 399 of 2006 (S.7660-A/A.11151-A)
Would have required all mandated reporters to complete two hours of training on identification and reporting of child abuse and maltreatment prior to the assumption of a position or employment that requires such reporting. Would have required on-going biennial training for certain mandated reporters. Would have required OCFS to develop a training curriculum which could be offered on the internet and through teleconferences. Would have authorized the SED to develop a curriculum for mandated reporters in professions licensed by SED, subject to OCFS approval. The Veto Message encouraged the sponsors and supporters of the bill to work with OCFS and SED to develop revised legislation that corrects noted technical shortcomings.
(PDF) Bill Text - Mandated Reporter Training - No. 399 of 2006 (S.7660-A/A.11151-A)
(PDF) Veto No. 399 of 2006 (S.7660-A/A.11151-A)
back to top
2006 FEDERAL LEGISLATION
Deficit Reduction Act of 2005 Adoption Assistance Eligibility Criteria. (Section 7401 of Public Law [P.L.] 109-171)
Revised section 473(a)(2) of the Social Security Act (SSA) to clarify that for Title IV-E adoption assistance eligibility, states must determine whether a child meets the AFDC eligibility criteria (as existed July 16, 1996) at the time of the child's removal from the home of the specified relative from whom the child was removed pursuant to a voluntary placement agreement or judicial determination that continuation in the removal home was contrary to the child's welfare. States may not determine the child's AFDC eligibility again at the time of the initiation of adoption proceedings.
(PDF) Deficit Reduction Act of 2005 Adoption Assistance Eligibility Criteria. (Section 7401 of Public Law [P.L.] 109-171)
Effective February 8, 2006.
Safe and Timely Interstate Placement of Foster Children Act of 2006 (P.L. 109-239) Title IV-E Foster and Adoptive Home Study Requirements
State Plan Requirements:
- Requires a state to have in effect a procedure for the orderly and timely interstate placement of children that meets the timely home study requirements to complete and report on foster and adoptive home studies requested by another state within 60 days.
- Provides a 15-day exception to the 60-day requirement (but only until 9/30/08) if the state's failure to complete the home study within 60 days is due to circumstances beyond the state's control (e.g., delays in receipt of Federal agency background checks).
- Home study requirements involving education and training of prospective foster and adoptive parents do not have to be completed within the same 60-day (or 75-day) timeframe.
- Requires the state that requested the home study to accept the completed home study unless, within 14 days of receiving the report, the state determines that reliance on the report would be contrary to the child's welfare.
- Permits states to contract with private agencies to conduct home studies.
- Provides incentives to encourage states to complete interstate home studies within 30 days.
Other Interstate Placement Considerations
- Require states to "make" effective use of cross jurisdictional resources (rather than the existing requirement to develop plans for such) and "eliminate legal barriers" to timely adoptions.
- Modifies the existing Title IV-E reasonable efforts requirements to specifically require:
- Consider interstate placements in permanency planning decisions when appropriate;
- Consider in-state and out-of-state permanent placement options at permanency hearings;
- If a child is already in an out-of-state placement, the hearing must determine if the placement continues to be appropriate and in the child's best interests; and
- Identify appropriate in-state and out-of-state placements when using concurrent planning.
Caseworker Visits:
- Increases the frequency of required caseworker visits from every 12 months to every six months for children in out-of-state foster care placements, and allows for a private agency under contract with either state to perform those visits.
Court Improvement Provisions (CIP):
- Requires state courts with original CIP grants to assess their effectiveness in expediting interstate placements, and that courts in different states cooperate in the sharing of information.
- Authorizes courts to obtain information and testimony from agencies and parties in other states without requiring interstate travel by those parties.
- Permits the participation of parents, children and other necessary parties involved in interstate placements without requiring interstate travel.
- Requires state courts to ensure that foster parents, pre-adoptive parents, and relative caregivers are notified of any proceedings held with respect to a child in foster care.
Title IV-B and IV-E Case Plan Amendments:
- Requires case plans to include the most recent information available regarding the health and education records of the child (rather than the existing requirement to include such information to the extent available).
- Clarifies that adoption and other permanency plan recruitment efforts include the use of state, regional and national adoption exchanges and electronic exchange systems to facilitate orderly and timely in-state and interstate placements.
Title IV-B and IV-E Case Review System Amendments:
- Requires that a copy of a child's health and education record be supplied to the foster parent or foster care provider at the time of placement and at no cost to the child at the time the child is ages out of foster care.
- Requires that foster caregivers be provided the "right" to be heard in "any proceeding", in lieu of the existing requirement for an opportunity to be heard in any review or hearing.
(PDF) Safe and Timely Interstate Placement of Foster Children Act of 2006 (P.L. 109-239) Title IV-E Foster and Adoptive Home Study Requirements
Effective October 1, 2006, unless state legislation is required to implement the new or amended Title IV-B/IV-E state plan requirements, in which case a delay is permitted based on the state's next legislative session.
The Adam Walsh Child Protection and Safety Act of 2006 (P.L. 109-248) Title IV-E Criminal Background Check Amendments
- Requires states to have procedures for conducting fingerprint-based checks of the National Crime Information Databases (NCID or FBI) for all prospective foster and adoptive parents.
- Requires states to check any child abuse and neglect registry in each state the prospective foster and adoptive parents and any other adult(s) living in the home have resided in the preceding five years, regardless of whether Title IV-E foster care maintenance payments or adoption assistance payments are to be made on behalf of the child.
- Ends the ability to opt-out of the specific federal statutory criminal convictions that prohibit a child from being placed in a foster/adoptive home effective October 1, 2008. If state legislation is required, the state will be afforded a specific timeframe to make the necessary changes based upon the state's legislative session.
- Requires states to have safeguards in place to: 1) prevent the unauthorized disclosure of information in any child abuse and neglect registry maintained by the state; 2) prohibit the state from sharing the information obtained from the registry pursuant to the foster and adoptive parent check requirement for any other purpose; and 3) comply with child abuse and neglect registry check requests made by other states.
- Requires the Department of Health and Human Services (HHS) to create a National Child Abuse and Neglect Registry containing case-specific identifying information received from the states limited to the name of the perpetrator and the nature of the substantiated case of child abuse and neglect. HHS must conduct a study to address specific issues related to the creation of an electronic national registry of substantiated cases of child abuse and neglect. One year from the enactment of P. L.109-248, the Secretary of Homeland Security must submit a report of recommendations and findings to specified House and Senate Committees concerning the mandated study.
(PDF) Adam Walsh Child Protection and Safety Act of 2006 (P.L. 109-248) Title IV-E Criminal Background Check Amendments
Effective October 1, 2006 unless HHS determines that state legislation is required before changes can be made to a Title IV-E State plan to comply with the amendments.
The Child and Family Services Improvement Act of 2006 (P.L. 109-288) Safe and Stable Families 2006 Reauthorization
- States must begin tracking and submit data on the percentage of monthly caseworker visits to children in foster care beginning in fiscal year (FY) 2008. Requires that 90 percent of children in foster care are visited by their workers on a monthly basis by the end of FY 2011. Requires that the majority of such visits take place in the child's residence and focus on issues pertinent to case planning and service delivery to the child to enhance safety, permanency, and well-being. Funds are provided for monthly caseworker visits with children who are in foster care with a primary emphasis on improving caseworker retention, recruitment, and training.
- Provides $40 million for "regional partnership" interagency collaborative grants that will aid families affected by parental methamphetamine or other drug abuse. OCFS, other governmental entities including court personnel, community service providers or other nonprofit or for profit entities, including court personnel, must be a part of these "partnerships". Applicants for the grants must show how they will collaborate with the child welfare agency (if that agency is not the lead agency for the partnership), and how the partnership will consult with the substance abuse treatment agency and with state law enforcement and judicial agencies. In FY 2008, $5 million of the $40 million will be allocated to promote enhanced frequency of caseworker visits to children in foster care. In 2009, that share will grow to $10 million, and in 2010 and 2011 the money will be split equally between caseworker visit enhancement and services to families affected by substance abuse.
- The basic CIP is reauthorized without change through FY2011.
- Requires states to have procedural safeguards in place to require courts conducting permanency hearings consult with youth, if age-appropriate, regarding the youth's permanency plan. Requires at any permanency hearing or at any hearing related to a youth's transition from foster care to independent living if the youth has reached the age of 16 -- that he or she be consulted, in an age-appropriate manner, regarding any proposed permanency or transitional plan.
- Requires that states "have policies and administrative and judicial procedures" (including provisions for legal representation of children) to be used when children are abandoned at or shortly after birth and which enable permanent decisions to be made expeditiously with respect to the placement of the children.
- Requires child welfare agencies to actively consult and involve physicians and other medical professionals in health and well-being assessments and appropriate medical treatment for children and youth in the child welfare system.
- Requires all states to have in place by October 1, 2007 procedures for how their child welfare agency will respond to a disaster, including how the state will:
- identify, locate, and continue availability of services for children under state care or supervision who are displaced or adversely affected by a disaster;
- respond to new child welfare cases in areas adversely affected by a disaster, and provide services in those cases;
- remain in communication with caseworkers and other essential child welfare personnel who are displaced because of a disaster;
- preserve essential program records; and
- coordinate services and share information with other states.
(PDF) Child and Family Services Improvement Act of 2006 (P.L. 109-288) Safe and Stable Families 2006 Reauthorization
Effective October 1, 2006 unless HHS determines that state legislation is required before changes can be made to a Title IV-B/IV-E State plan to comply with the amendments.
back to top
