STATE OF NEW YORK ________________________________________________________________________ 2120 2023-2024 Regular Sessions IN ASSEMBLY January 23, 2023 ___________ Introduced by M. of A. JEAN-PIERRE -- read once and referred to the Committee on Children and Families AN ACT to amend the executive law, in relation to the establishment of the independent office of the child advocate The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The executive law is amended by adding a new article 19-I 2 to read as follows: 3 ARTICLE 19-I 4 INDEPENDENT OFFICE OF THE CHILD ADVOCATE 5 Section 533. Independent office of the child advocate; creation. 6 534. Definitions. 7 535. The child advocate. 8 536. Duties of the child advocate. 9 537. Cooperation of other agencies. 10 538. Duty to maintain confidentiality. 11 539. Additional provisions. 12 § 533. Independent office of the child advocate; creation. There is 13 hereby created in the executive department, an independent office of the 14 child advocate, which shall: 15 1. examine, evaluate and report to the governor and the legislature 16 on: 17 (a) particular and systemic issues in publicly funded programs over- 18 seen by any executive agency with custody of children; and 19 (b) multi-systemic issues that children in the care, custody or guar- 20 dianship of any state agency that has custody of children or a local 21 social services district, and the families of such children experience 22 in accessing needed services across systems; and 23 2. advocate for, and report to the governor and the legislature on 24 suggested statutory, regulatory or policy changes aimed at improving 25 outcomes and services for children and their families in New York state. 26 § 534. Definitions. As used in this article: 27 1. "Child" or "children" means: 28 (a) a person, or persons under the age of eighteen; or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02935-01-3
A. 2120 2 1 (b) a person or persons under the age of twenty-one who has been 2 placed into the care, custody, or guardianship of any state agency that 3 has custody of children or a local social services district pursuant to 4 article three, seven, ten, ten-A, ten-B or ten-C of the family court act 5 or section three hundred fifty-eight-a, three hundred eighty-three-c, 6 three hundred eighty-four-a or three hundred eighty-four-b of the social 7 services law; or 8 (c) a person or persons under the age of twenty-one who is placed in 9 residential care as defined in section four hundred twelve of the social 10 services law. 11 2. "Child advocate" means the person appointed pursuant to subdivision 12 one of section five hundred thirty-five of this article to direct and 13 oversee the activities of the independent office of the child advocate. 14 § 535. The child advocate. 1. The child advocate shall be an individ- 15 ual with at least five years experience in the general subject area of 16 either child welfare, juvenile justice or childhood behavioral health, 17 who shall be appointed by the governor. 18 2. The child advocate may hire or appoint persons as may be deemed 19 necessary to carry out the duties of the independent office of the child 20 advocate. The duties of persons employed or appointed by the child advo- 21 cate shall be performed under the advice and supervision of the child 22 advocate. Persons employed or appointed by the independent office of the 23 child advocate shall be individuals with expertise in the areas of child 24 welfare, juvenile justice, childhood behavioral health, foster care, 25 preventive services, or child care, as evidenced by expertise in the 26 field, practice, advocacy or by academic background, the level and 27 sufficiency of which shall be determined by the child advocate. The 28 child advocate shall fix the compensation of persons employed or 29 appointed by the independent office of the child advocate within amounts 30 appropriated therefor. 31 § 536. Duties of the child advocate. 1. The child advocate shall: 32 (a) examine, evaluate, investigate and report to the governor and the 33 legislature on particular and systemic issues in publicly funded 34 programs overseen by a state agency that has custody of children and 35 local social services districts, including but not limited to child 36 welfare, juvenile justice, foster care, child protective, child care and 37 preventative services; and 38 (b) examine, evaluate, investigate and report to the governor and the 39 legislature on multi-systemic issues that children in the care, custody 40 or guardianship of a state agency that has custody of children or a 41 local social services district, and the families of such children, expe- 42 rience in accessing needed services across systems; and 43 (c) monitor the implementation of the policies, regulations and stat- 44 utes of state agencies which may be applicable to the legal rights of 45 children in the care, custody or guardianship of a state agency that has 46 custody of children or a local social services district, or the families 47 of such children; and 48 (d) monitor the implementation of policies, regulations and statutes 49 which may have an impact on publicly funded programs overseen by the 50 office of children and family services, including but not limited to 51 child welfare, juvenile justice, foster care, child protective, child 52 care and preventative services; and 53 (e) recommend changes in state policies, statutes and regulations 54 concerning children in the care, custody or guardianship of a state 55 agency that has custody of children or a local social services district, 56 and the families of such children; and
A. 2120 3 1 (f) recommend changes in state policies, statutes, and regulations 2 concerning publicly funded programs that service children and families, 3 including but not limited to child welfare, juvenile justice, foster 4 care, child protective, child care and preventative services, adminis- 5 tered by a state agency that has custody of children or local social 6 services districts; and 7 (g) take appropriate actions aimed at promotion of the rights, safety, 8 well-being, and best interests of children in New York state, including, 9 but not limited to, undertaking legislative advocacy, conducting public 10 hearings and making proposals for administrative or systemic reform; and 11 (h) provide administrative supervision and oversight to the independ- 12 ent office of the child advocate and devote full-time to the duties of 13 his or her office; and 14 (i) work collaboratively with state agencies and local social services 15 districts having custody of children to arrange for the visitation of 16 programs and facilities operated by or contracting with such state agen- 17 cies or local social services districts; and 18 (j) report to the governor, the speaker of the assembly and the tempo- 19 rary president of the senate as needed, but not less than twice per 20 year. Such report shall be made available to the public, unless such 21 materials are confidential pursuant to statute, and shall include but 22 not be limited to: 23 (A) information concerning the number and types of reviews and evalu- 24 ations conducted by the independent office of the child advocate; and 25 (B) any recommendations by the child advocate for legislative, regula- 26 tory, or public policy changes. 27 2. If after examination pursuant to subdivision one of this section, 28 the child advocate identifies a systemic problem in how services are 29 provided to children in the care, custody, or guardianship of a state 30 agency that has custody of children or a local social services district, 31 by a state agency that has custody of children, or a local social 32 services district, or any public or private entity which contracts with 33 the office of children and family services or a local social services 34 district to provide services to such children, the child advocate shall 35 provide such office, district, agency or entity a written report outlin- 36 ing the findings and recommendations of the child advocate. 37 (a) An office, district, agency or entity named in a report by the 38 child advocate as described in this subdivision shall have the option to 39 respond in writing to the child advocate's findings, provided however 40 that such written response must be issued within ninety days of such 41 office, district, agency or entity's receipt of the applicable report by 42 the child advocate. 43 (b) Within thirty days after the receipt of a response from an office, 44 district, agency or entity as described in this subdivision, the child 45 advocate shall issue such response, and the report issued by the child 46 advocate pursuant to this subdivision, to the governor, the speaker of 47 the assembly and the temporary president of the senate. 48 (c) If a response or a written request for an additional thirty days 49 with an explanation is not received by the child advocate within ninety 50 days from the date that the child advocate sent such report to such 51 office, district, agency or entity, the child advocate shall provide 52 such report to the governor and the legislature with a notice stating 53 that such office, district, agency or entity failed to issue a timely 54 written response to the report by the child advocate. 55 § 537. Cooperation of other agencies. To effectuate the purposes of 56 this article, the independent office of the child advocate may request
A. 2120 4 1 from state agencies and local social services districts having custody 2 of children such assistance and data as is necessary to fulfill the 3 child advocate's duties. Such information shall be provided to the inde- 4 pendent office of the child advocate unless otherwise protected by law. 5 § 538. Duty to maintain confidentiality. All records of the independ- 6 ent office of the child advocate pertaining to the fulfillment of the 7 child advocate's rights, powers and duties pursuant to this article, and 8 all records obtained by the child advocate shall be kept confidential. 9 § 539. Additional provisions. 1. The state shall protect and hold 10 harmless any person employed or appointed by the child advocate, from 11 financial loss and expense, including legal fees and costs, if any, 12 arising out of any claim, demand or suit for damages resulting from acts 13 or omissions committed in the discharge of his or her rights, powers and 14 duties within the scope of his or her employment or appointment which 15 may constitute negligence but which acts are not wanton, malicious or 16 grossly negligent as determined by a court of competent jurisdiction. 17 2. No state or local agency, department, office, or entity shall 18 discharge, or in any manner discriminate or retaliate against, any 19 person who in good faith makes a complaint to, or cooperates with, the 20 child advocate in a review or evaluation conducted by the child advo- 21 cate. No employee of any state or local department or office or of any 22 private entity shall retaliate against any person who makes a complaint 23 to, or who cooperates with the independent office of the child advocate 24 in a review, investigation or evaluation conducted by the independent 25 office of the child advocate. 26 3. All communications to the independent office of the child advocate 27 shall remain confidential. Any complaint filed by any person with the 28 independent office of the child advocate shall remain confidential. 29 4. All youth residing in a juvenile justice facility shall be permit- 30 ted reasonable access to a telephone to make a toll free call or shall 31 be supplied writing materials in order to write letters to the independ- 32 ent office of the child advocate upon the youth's request. Any communi- 33 cations between such youth and the independent office of the child advo- 34 cate shall remain confidential and shall not be monitored by any member 35 of the facility's staff. 36 5. The independent office of the child advocate may apply for and 37 accept grants, gifts and bequests of funds from private individuals and 38 foundations for the purpose of carrying out studies under this article. 39 The funds shall be expended in accordance with the provisions of such 40 grant, gift or bequest. 41 6. The child advocate shall take all possible actions including, but 42 not limited to, conducting programs of public education, undertaking 43 legislative advocacy and making proposals for administrative correction 44 or reform, in order to secure and ensure the legal, civil and special 45 rights of children. 46 7. The child advocate shall take the appropriate steps to make the 47 existence and availability of the child advocate widely known, by appro- 48 priate and active means, to children and adults. 49 § 2. This act shall take effect on the first of April next succeeding 50 the date on which it shall have become a law. Effective immediately, the 51 addition, amendment and/or repeal of any rule or regulation necessary 52 for the implementation of this act on its effective date are authorized 53 to be made and completed on or before such effective date.