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See Bill Text
A06334 Summary:SAME AS No same as
SPONSOR Clark
COSPNSR Scarborough, Titus, Paulin, Jacobs, Heastie, Benjamin, Lavelle,
Gordon, Benedetto, Karben, Greene, Peoples, Rivera N, Colton, John
MLTSPNSR Cahill, Christensen, DiNapoli, Eddington, Gantt, Gottfried, Grannis,
Hikind, Latimer, Mayersohn, McEneny, Millman, Norman, Perry, Pheffer
Sanders, Seddio, Sweeney, Towns
Ren Art 50 & SS1000 - 1003 to be Art 60 & 2000 - 2003, add Art 50 SS1000 -
1009, Exec L; rpld Art 6 Title 1-A, Soc Serv L
Creates the office of the child advocate to oversee the administration of state
services provided to children; repeals certain provisions of social services
law relating to the state commission on the quality of foster care.
A06334 Actions:03/10/2005 referred to children and families
04/05/2005 reported referred to codes
05/03/2005 reported referred to ways and means
05/17/2005 reported
05/19/2005 advanced to third reading cal.652
06/20/2005 passed assembly
06/20/2005 delivered to senate
06/20/2005 REFERRED TO RULES
A06334 Votes:Abbate Y Carrozz Y Fields Y John Y Meng Y Pretlow Y Sweeney Y
Alfano Y Casale Y Finch Y Karben Y Miller Y Quinn Y Tedisco Y
Arroyo Y Christe Y Fitzpat Y Kirwan Y Millman Y Rabbitt Y Thiele Y
Auberti Y Clark Y Galef Y Kolb Y Mirones Y Raia Y Titus Y
Aubry Y Cohen Y Gantt ER Koon Y Morelle Y Ramos Y Tokasz Y
Bacalle Y Colton Y Gianari Y Lafayet Y Mosiell Y Reilich Y Tonko Y
Barclay Y Conte Y Glick Y Latimer Y Nesbitt Y Reilly Y Towns ER
Barra Y Cook Y Gordon Y Lavelle Y Nolan Y Rive J Y Townsen Y
Barraga Y Crouch Y Gottfri Y Lavine Y Norman Y Rive N Y Walker ER
Benedet Y Cusick Y Grannis Y Lentol Y Oaks Y Rive PM Y Weinste Y
Benjami Y Cymbrow Y Green Y Lifton Y O`Conne Y Robinso Y Weisenb Y
Bing Y DelMont Y Greene Y Lopez Y O`Donne Y Saladin Y Weprin Y
Boyland Y Destito Y Gunther Y Lupardo Y O`Mara Y Sanders Y Wirth Y
Bradley Y Diaz LM Y Hayes Y Magee Y Ortiz Y Sayward Y Wright Y
Brennan Y Diaz R Y Heastie Y Magnare Y Ortloff Y Scarbor ER Zebrows Y
Brodsky ER DiNapol Y Hevesi Y Manning Y Parment Y Schimmi Y Mr Spkr Y
Brown Y Dinowit Y Hikind Y Markey Y Paulin Y Schroed Y
Burling ER Eddingt Y Hooker ER Mayerso ER Peoples Y Scozzaf Y
Butler Y Englebr Y Hooper Y McDonal Y Peralta Y Seddio Y
Cahill Y Errigo Y Hoyt Y McDonou Y Perry Y Seminer Y
Calhoun Y Espaill Y Ignizio Y McEneny Y Pheffer Y Stephen Y
Canestr Y Farrell Y Jacobs Y McLaugh Y Powell Y Stringe Y
A06334 Memo:TITLE OF BILL: An act to amend the executive law, in relation to creat-
ing the office of the child advocate; and repealing certain provisions
of the social services law relating to the state commission on the qual-
ity of foster care
PURPOSE OR GENERAL IDEA OF BILL: This bill would establish an independ-
ent Office of the Child Advocate, vested with broad powers to investi-
gate practices within the State`s child welfare and juvenile justice
systems, to better protect children in the State`s care.
SUMMARY OF SPECIFIC PROVISIONS: Section one would establish the Office
of the Child Advocate within state government, headed by the Child Advo-
cate. A newly established Commission on Children would be authorized to
appoint a Child Advocate. The appointment would be made jointly by the
chair and vice-chair from a list of three candidates.
The Child Advocate would hold office for a five-year term, and could be
removed if the chair and vice-chair jointly determine that the Child
Advocate has abused his or her powers and duties or failed to carry out
such duties. The Child Advocate would be authorized to appoint assist-
ants and staff as deemed necessary.
The Child Advocate would act independently of the Executive Department
and any other state agency. Its duties would include: 1) evaluating the
delivery of services to children and families by the Office of Children
and Family Services (OCFS), 2) periodically reviewing procedures estab-
lished by OCFS and investigating circumstances related to the death or
serious injury of any child who has received services from OCFS or any
local child protective service (CPS) or department of social services
(DSS), 3) reviewing complaints related to actions of OCFS, making refer-
rals and investigating complaints, 4) periodically reviewing the facili-
ties and procedures of any institution or residence where a child has
been placed, 5) recommending changes in state policies and regulations
concerning children with the ability to monitor any corrective action
plan initiated in response to the Child Advocate`s findings, 6) taking
all possible actions to secure and ensure the legal, civil and special
rights of children, 7) taking steps to make the Child Advocate`s pres-
ence in New York State widely known for children regarding their rights
in foster care, detention centers, training schools, jails or prisons,
and methods of enforcement, and 8) establishing a 24-hour toll-free
hotline to receive and respond to calls referring problems to the Child
Advocate.
The Child Advocate would be authorized to access confidential records
relating to the fulfillment of his or her duties, issue subpoenas, and
apply for and accept grants.
The Child Advocate would create and disseminate materials for all youth
in foster care and juvenile justice facilities or programs explaining
services the Office can offer and how youth can contact the Office. All
youth placed in foster care would have access to a toll-free hotline of
the Office and be permitted to make calls in a setting where the youth`s
conversations are not monitored. Any such calls made would not count
against any limit on phone calls placed by the youth according to the
rules of the facility.
The Child Advocate would be authorized to commence a civil action
against the State, or any subdivision and private entity providing out-
of-home residential services to children. Any judgment for compensation
as a result of such civil action would be considered the estate of the
child, to be held by the Office of the Child Advocate, and deposited in
a trust account for the child.
The Commission on Children would be established to meet three times a
year with the Child Advocate to review and assess: 1) patterns of treat-
ment and services for children, 2) policy implications of the findings
of investigations, and 3) necessary systemic improvements. The Commis-
sion would consist of six members, experienced in child welfare, juve-
nile justice or child care. Any matter put to vote by the Commission
would require an affirmative vote of the majority of the members, and no
vote could be taken until all members are appointed.
Section two would repeal the Commission on the Quality of Foster Care.
Section three provides for an effective date on April 1, 2005.
EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER: Current law does
not provide for any office that performs the functions that would be
performed by the Office of the Child Advocate. The Commission on the
Quality of Foster Care, established in Title 1-A of Article 6 of the
Social Services Law, is currently authorized to: investigate complaints
brought to the Commission`s attention; obtain copies of preliminary and
final reports and fatality reports from OCFS; and notify OCFS of its
investigations and make a report of its findings. The Office of the
Child Advocate would replace this Commission as the primary means of
investigating practices within state and local child welfare and juve-
nile justice systems.
JUSTIFICATION: This bill would establish an independent Office of the
Child Advocate, similar to offices that currently exist in numerous
states including New Jersey, Connecticut and Rhode Island. This office
is necessary to address some of the systemic problems within state and
local child welfare and juvenile justice programs that exist not only in
New York, but in many parts of the country. Some highly publicized
cases, such as the New Jersey foster family in which four foster chil-
dren nearly starved to death, have brought national attention to these
issues. Unfortunately, New York is not immune to the crisis of children
becoming the victims of further abuse or neglect once they are removed
from their homes and taken into the State`s care. Therefore, it is
crucial that in order to provide our State`s most vulnerable children
with the care they need to develop into healthy adults, New York should
create this office with the exclusive purpose of protecting children`s
well-being.
Recently, there have been several incidents reported that point to seri-
ous flaws within New York`s child welfare systems. Earlier this year, it
was discovered that New York City`s Administration for Children`s
Services (ACS) allowed over 100 HIV-positive foster youth in its care to
be subjected to medical experiments involving the use of potentially
dangerous medications. It is unclear at this point exactly what was done
to investigate or resolve this gross mistreatment of infants in care.
With the establishment of the Office of the Child Advocate, this situ-
ation could be thoroughly investigated, and a proper report and action
could be taken to ensure that these children would be placed in a safe
and caring home and would not be the victims of further harm.
In addition, a report produced by a grand jury investigating the deaths
of two children by parents who regained custody of their children in
Westchester County was harshly critical of the county`s DSS and specif-
ically cited inadequate supervision, procedural dysfunction and system-
atic failings. In these instances, DSS employees failed or were unable
to properly follow procedures and communicate with law enforcement to
ensure that children were safe in their homes. If the Office of the
Child Advocate were in existence, it would have broad powers to deal
with these types of cases and to monitor the implementation of a correc-
tive plan of action to improve the way each agency it investigates
handles its child welfare and juvenile justice cases.
And most recently on June 10, 2004, the New York Post reported the case
of a baby boy, Colevinton Florestal Jr., who was murdered by his parents
in a City-run homeless shelter in Manhattan. The 3-month-old infant was
found unresponsive with numerous fractured bones and bruises across his
body, in addition to being malnourished and dehydrated. He weighed
several ounces less than what he weighed at birth. In spite of ACS
involvement with the family, nothing was done to prevent this horrible
tragedy from occurring. This case urgently demonstrates the need for an
independent investigatory state office to fully examine the failings in
the state`s system that led to the on-going abuse and neglect of little
9-pound Colesvinton, and ultimately, to his death at only 3 months of
age.
Marcia Robinson Lowry of Children`s Rights, Inc., presented a speech
entitled "Benevolent Complicity: The Myth of Protecting Children`s Best
Interests," at a symposium hosted by the Bar Association of New York
City on March 11, 2004 defending the need for an Office of Child Advo-
cate in New York State. According to an excerpt from her remarks, "there
was a recent study of children in foster care from the Government
Accounting Office which covered 50% of all kids in care nationwide,
including New York, and it found that 12% of children in foster care had
received no routine health care, 34% have received no immunizations, 32%
continue to have at least one unmet health need, 78% were high risk for
HIV, but only 9% were tested."
"There should be, in our view, national standards, and there sure should
be standards in New York State for how agencies operate. We have no
minimum standards for workers in the contract agencies, which provide
the vast majority of care. For workers in the city agency that monitor
the care provided by the contract agencies, the caseload is 54 average
and usually averages are much higher when you look at all the people who
are actually carrying cases."
Beyond the need to address these grave issues, an Office of Child Advo-
cate is necessary because children who are removed from their homes -
whether due to abuse and neglect by their parents, or due to behavioral
misconduct in the community - experience an extremely disruptive and
emotionally painful period in their lives. Therefore, it is essential
that the State provide these children with a supportive, nurturing envi-
ronment once they are placed in care, whether it be in a foster home,
group home, residential facility or other type of placement setting. In
acting as an independent advocate for children and in offering a means
through which both children and adults could report abuses in the
system, the Office of the Child Advocate would serve as a beacon, cast-
ing light upon the treatment and protection of New York`s children taken
into custody by the State.
PRIOR LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined.
EFFECTIVE DATE: April 1, 2005.
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