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Office of Children & Family Services |
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OCFS Departmental Bills for the 2009-2010 Legislative Session
Amends Social Services Law (SSL) §20(5) to divide fatality reports into a findings section and a factual section. The findings section would contain any recommendations for administrative or policy changes. The factual section would include information about the circumstances of the fatality. The amendment would permit OCFS to publically release the findings section without a “best interests” determination. Release of the factual section would still require a determination whether disclosure is contrary to the best interests of the deceased child’s siblings and/or other children in the household.
Departmental # 37 - Child Welfare Reforms (S.3880/A.8223)
Addresses reforms in the area of child welfare by providing a mechanism for local districts to assume custody of destitute children; allowing an order terminating parental rights to be vacated in limited circumstances; and facilitating the establishment of Supervised Independent Living Programs. The proposal adds references to destitute children in Social Services Law (SSL) §398 pertaining to the duties and responsibilities of a local social services commissioner, amends SSL §398-e to authorize foster care services for undocumented children, and amends appropriate provisions of the Family Court Act pertaining to permanency hearings and the appointment of a law guardian. The proposal also would allow the court to vacate an order terminating parental rights under limited circumstances and when it is in the best interests of the child, which a consideration of the bond between the child and parent, whether the parent(s) are able to safely parent the child, and the likelihood of the child being adopted. Finally, the proposal would amend SSL §374-b, to clarify that an authorized agency is not required to notify the host municipality when establishing a SILP program or SILP units. The authorized agency would continue to be required to notify the municipality when establishing an agency-operated boarding home that is not a SILP.
Departmental # 108- Hotline Confidentiality (S.3882-A/A.7968-A)
Enhances the confidentiality of the records of the Abandoned Infant Protection Act (AIPA) toll-free hotline (see Social Services Law (SSL) §372-g). The proposal would specifically state that hotline records and information identifying callers are confidential and may be disclosed only by court order upon a finding that the information is necessary to determine an issue before the court; and clarify that OCFS is not required to maintain any records of calls to the AIPA hotline. The proposal would also address confidentiality of the child day care toll-free telephone line for inquiries and complaints (see SSL §390). The proposal would clarify that any records that would identify a complainant are confidential and could not be disclosed without the complainant’s written permission, except in certain cases involving law enforcement and court orders. Finally, the proposal addresses the Statewide Central Register of Child Abuse and Maltreatment (SCR). Although SCR records already are confidential by statute (see SSL §422), the proposal would clarify that telephone records identifying the numbers/locations from which calls are made to the SCR, and any other contact information for the source of a report are confidential; and any records pertaining to a call to the SCR that is not accepted as a report of child abuse or maltreatment are also confidential, and cannot be disclosed except in certain cases involving law enforcement and court orders.
Departmental # 131 – Child Day Care Regulation Enhancements and Reforms (S.3895-B/A.8827-A; Enacted as Chapter 117 of the Laws of 2010)
Addresses enhancements and reforms for child day care licensing and regulation in the areas of: (1) capacity and staffing for group family day care and family day care homes; duration of licenses and registrations; (2) enforcement and safety, including expanding the categories of violations for which a fine may be imposed regardless of whether the situation has been rectified, imposing a two year moratorium on re-licensing or re-registering a child day care provider under certain serious circumstances, and permitting a local district to suspend a legally-exempt informal child care provider’s eligibility to provide subsidized child care while the provider is under investigation by the child protective service based on a report of child abuse or maltreatment; and (3) training requirements for school-age child care programs.
Departmental # 166 – Interstate Compact for Juveniles (S.7795)
Adopts the new Interstate Compact for Juveniles in New York to replace the 1955 Interstate Compact on Juveniles. At least 45 states and one territory have enacted the ICJ, which became effective for enacting states in 2008.
Any questions or comments concerning the items listed in this agenda should be referred to:Cassandra Kelleher-Donnaruma
52 Washington Street, Room 139 N
Rensselaer, NY 12144
518 473 9551
Cassandra.Kelleher@OCFS.state.ny.us