Bill Text: NY A08846 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Requires that every court, and every public board, commission, institution, or officer having powers or charged with duties in relation to abandoned, delinquent, destitute, neglected or dependent children who shall receive, accept or commit any child shall provide and keep a record showing if such child has a developmental disability; requires a study of the number of children in foster care who have a developmental disability.

Spectrum: Slight Partisan Bill (Democrat 7-3)

Status: (Introduced) 2024-06-03 - substituted by s8679a [A08846 Detail]

Download: New_York-2023-A08846-Introduced.html

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                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.