Int. No. 492
By Council Members Boyland, James, Barron, Brewer, Comrie, Fidler, Liu, Martinez, Palma, Reed, Sanders, Seabrook, Stewart, Vann, Weprin, Clarke, Jackson, Baez, Gonzalez, Gerson and Koppell
A Local Law to amend the administrative code of the city of New York, in relation to establishing a child welfare parent advocate advisory program and a child welfare parent advocate advisory board.
Be it enacted by the Council as follows:
Section
1. Chapter one of title 21 of the
administrative code of the city of New York is amended by adding a new section
21-131 to read as follows:
§21-131 a. Definitions. 1.
“Adverse personnel action” shall mean dismissal, demotion, suspension,
disciplinary action, negative performance evaluation, any action resulting in
loss of staff, office space or equipment or other benefit, failure to appoint,
failure to promote, or any transfer or assignment or failure to transfer or
assign against the wishes of the affected officer or employee.
2. “Foster care services” shall mean the care
of abandoned, destitute, dependent, neglected or delinquent children or persons
in need of supervision away from their own homes in institutions, foster homes
or temporary shelters, in whole or in part at public expense, under the jurisdiction
of a social services official or other authorized agency.
3. “Organization” shall mean any individual,
association, corporation, not-for-profit corporation, partnership, institution,
trust, firm or other entity.
4.
“Parent advocate” shall mean a parent who has been or has had a
child placed in foster care services or who has received child welfare
preventive services and who works with and provides advice to parents regarding
child welfare policies and practices and such parents’ rights and responsibilities
within the foster care system.
5. “Preventive services” shall mean supportive and rehabilitative services provided to children and their families for the purpose of averting an impairment or disruption of a family which will or could result in the placement of a child in foster care, enabling a child who has been placed in foster care to return to his family at an earlier time than would otherwise be possible or reducing the likelihood that a child who has been discharged from foster care would return to such care.
b. Organizations contracting with the department to provide foster
care services to children or preventive services to families shall establish a
child welfare parent advocate advisory program that includes the participation
of at least one parent advocate. Such
program shall ensure that parents receive services including, but not limited
to, information regarding the operation of the foster care system and the legal
rights and responsibilities of parents within such system, advice on methods
for navigating the foster care system and obtaining assistance from the
department and advocacy on behalf of such parents within the department.
c. There
shall be a child welfare parent advocate advisory board. Such board shall review and comment on
department policies regarding foster care services and preventive services to
families, including, but not limited to, proposed budgets, requests for
proposals, changes in the terms of contracts with foster care and preventive
service agencies, proposed legislation, training of foster care workers,
publications regarding child welfare services and policies and contractor
evaluation systems.
1. The advisory board shall consist of seven parent advocates from agencies providing foster care services to children under contract with the department, of which total four shall be appointed by the mayor and three shall be appointed by the speaker of the city council, and seven parent advocates from agencies providing preventive services to families under contract with the department, of which total four shall be appointed by the mayor and three shall be appointed by the speaker of the city council.
2. Each member of the advisory
board shall serve for a term of two years to commence on the effective date of
the local law that added this subdivision and may be removed from office by the
appointing official for cause. Any
vacancy occurring other than by expiration of term shall be filled by the
official who appointed the member in the same manner as the original
appointment. A person so appointed shall serve for the unexpired portion of the
term of the member succeeded. New terms
shall begin on the next day after the expiration date of the preceding term. Members of the advisory board shall
designate one member to serve as chairperson and one as vice-chairperson.
3. Each member of the advisory board shall
serve without compensation, except that each member shall be allowed actual and
necessary expenses to be audited in the same manner as other city charges.
4. No person shall be ineligible for
membership on the advisory board because such person holds any other public
office, employment or trust, nor shall any person be made ineligible to or
forfeit such person’s right to any public office, employment or trust by reason
of such appointment.
5. The advisory board shall meet at least six
times a year. The commissioner
of the department shall meet with the board no less than once every six
months. The board shall meet with
parent advocates participating in the child welfare parent advocate advisory
program no less than once every three months.
6. No
person, organization or government agency, or person under the control of such
organization or government agency may threaten, harass, intimidate, take
retaliatory action or take adverse personnel action against any person or
organization in connection with such person or entity’s actual or proposed
participation with the activities of the child welfare parent advocate advisory
program or the child welfare parent advocate advisory board.
7. The
advisory board may request and shall receive from any city agency such
information, other than information which is required by law to be kept
confidential or which is privileged as attorney-client communications, attorney
work products or material prepared for litigation, and such assistance as may
be necessary to carry out the provisions of this section.
8. The advisory board shall submit to the mayor and to the speaker
of the city council, on an annual basis, a report including, but not limited
to, recommendations regarding the improvement of services provided by the city
and non-government related service delivery systems with respect to foster care
services for children, preventive services for families and any other aspects
of the child welfare system such board deems relevant.
§2. Effect of invalidity; severability. If any section, subsection, sentence, clause, phrase or other portion of this local law is, for any reason, declared unconstitutional or invalid, in whole or in part, by any court of competent jurisdiction, such portion shall be deemed severable, and such unconstitutionality or invalidity shall not affect the validity of the remaining portions of this local law, which remaining portions shall continue in full force and effect.
§3. This local law shall take effect ninety days after its enactment into law, and shall apply to contracts entered into on or after such date.
BK
LS#2
11/04/04