Establishes the independent office of the child advocate to ensure the protection and promotion of the rights of children in the care of any state agency or local social services district.
STATE OF NEW YORK
________________________________________________________________________
4245
2025-2026 Regular Sessions
IN SENATE
February 3, 2025
___________
Introduced by Sens. PARKER, BAILEY, SEPULVEDA -- read twice and ordered
printed, and when printed to be committed 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-J
2 to read as follows:
3 ARTICLE 19-J
4 INDEPENDENT OFFICE OF THE CHILD ADVOCATE
5 Section 535. Independent office of the child advocate; creation.
6 535-a. Definitions.
7 535-b. The child advocate.
8 535-c. Duties of the child advocate.
9 535-d. Cooperation of other agencies.
10 535-e. Duty to maintain confidentiality.
11 535-f. Additional provisions.
12 § 535. 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07934-01-5
S. 4245 2
1 2. advocate for, and report to the governor and the legislature on
2 suggested statutory, regulatory or policy changes aimed at improving
3 outcomes and services for children and their families in New York state.
4 § 535-a. Definitions. As used in this article:
5 1. "Child" or "children" means:
6 (a) a person, or persons under the age of eighteen; or
7 (b) a person or persons under the age of twenty-one who has been
8 placed into the care, custody, or guardianship of any state agency that
9 has custody of children or a local social services district pursuant to
10 article three, seven, ten, ten-A, ten-B or ten-C of the family court act
11 or section three hundred fifty-eight-a, three hundred eighty-three-c,
12 three hundred eighty-four-a or three hundred eighty-four-b of the social
13 services law; or
14 (c) a person or persons under the age of twenty-one who is placed in
15 residential care as defined in section four hundred twelve of the social
16 services law.
17 2. "Child advocate" means the person appointed pursuant to subdivision
18 one of section five hundred thirty-five-b of this article to direct and
19 oversee the activities of the independent office of the child advocate.
20 § 535-b. The child advocate. 1. The child advocate shall be an indi-
21 vidual with at least five years experience in the general subject area
22 of either child welfare, juvenile justice or childhood behavioral
23 health, who shall be appointed by the governor.
24 2. The child advocate may hire or appoint persons as may be deemed
25 necessary to carry out the duties of the independent office of the child
26 advocate. The duties of persons employed or appointed by the child advo-
27 cate shall be performed under the advice and supervision of the child
28 advocate. Persons employed or appointed by the independent office of the
29 child advocate shall be individuals with expertise in the areas of child
30 welfare, juvenile justice, childhood behavioral health, foster care,
31 preventive services, or child care, as evidenced by expertise in the
32 field, practice, advocacy or by academic background, the level and
33 sufficiency of which shall be determined by the child advocate. The
34 child advocate shall fix the compensation of persons employed or
35 appointed by the independent office of the child advocate within amounts
36 appropriated therefor.
37 § 535-c. Duties of the child advocate. 1. The child advocate shall:
38 (a) examine, evaluate, investigate and report to the governor and the
39 legislature on particular and systemic issues in publicly funded
40 programs overseen by a state agency that has custody of children and
41 local social services districts, including but not limited to child
42 welfare, juvenile justice, foster care, child protective, child care and
43 preventative services; and
44 (b) examine, evaluate, investigate and report to the governor and the
45 legislature on multi-systemic issues that children in the care, custody
46 or guardianship of a state agency that has custody of children or a
47 local social services district, and the families of such children, expe-
48 rience in accessing needed services across systems; and
49 (c) monitor the implementation of the policies, regulations and stat-
50 utes of state agencies which may be applicable to the legal rights of
51 children in the care, custody or guardianship of a state agency that has
52 custody of children or a local social services district, or the families
53 of such children; and
54 (d) monitor the implementation of policies, regulations and statutes
55 which may have an impact on publicly funded programs overseen by the
56 office of children and family services, including but not limited to
S. 4245 3
1 child welfare, juvenile justice, foster care, child protective, child
2 care and preventative services; and
3 (e) recommend changes in state policies, statutes and regulations
4 concerning children in the care, custody or guardianship of a state
5 agency that has custody of children or a local social services district,
6 and the families of such children; and
7 (f) recommend changes in state policies, statutes, and regulations
8 concerning publicly funded programs that service children and families,
9 including but not limited to child welfare, juvenile justice, foster
10 care, child protective, child care and preventative services, adminis-
11 tered by a state agency that has custody of children or local social
12 services districts; and
13 (g) take appropriate actions aimed at promotion of the rights, safety,
14 well-being, and best interests of children in New York state, including,
15 but not limited to, undertaking legislative advocacy, conducting public
16 hearings and making proposals for administrative or systemic reform; and
17 (h) provide administrative supervision and oversight to the independ-
18 ent office of the child advocate and devote full-time to the duties of
19 their office; and
20 (i) work collaboratively with state agencies and local social services
21 districts having custody of children to arrange for the visitation of
22 programs and facilities operated by or contracting with such state agen-
23 cies or local social services districts; and
24 (j) report to the governor, the speaker of the assembly and the tempo-
25 rary president of the senate as needed, but not less than twice per
26 year. Such report shall be made available to the public, unless such
27 materials are confidential pursuant to statute, and shall include but
28 not be limited to:
29 (A) information concerning the number and types of reviews and evalu-
30 ations conducted by the independent office of the child advocate; and
31 (B) any recommendations by the child advocate for legislative, regula-
32 tory, or public policy changes.
33 2. If after examination pursuant to subdivision one of this section,
34 the child advocate identifies a systemic problem in how services are
35 provided to children in the care, custody, or guardianship of a state
36 agency that has custody of children or a local social services district,
37 by a state agency that has custody of children, or a local social
38 services district, or any public or private entity which contracts with
39 the office of children and family services or a local social services
40 district to provide services to such children, the child advocate shall
41 provide such office, district, agency or entity a written report outlin-
42 ing the findings and recommendations of the child advocate.
43 (a) An office, district, agency or entity named in a report by the
44 child advocate as described in this subdivision shall have the option to
45 respond in writing to the child advocate's findings, provided however
46 that such written response must be issued within ninety days of such
47 office, district, agency or entity's receipt of the applicable report by
48 the child advocate.
49 (b) Within thirty days after the receipt of a response from an office,
50 district, agency or entity as described in this subdivision, the child
51 advocate shall issue such response, and the report issued by the child
52 advocate pursuant to this subdivision, to the governor, the speaker of
53 the assembly and the temporary president of the senate.
54 (c) If a response or a written request for an additional thirty days
55 with an explanation is not received by the child advocate within ninety
56 days from the date that the child advocate sent such report to such
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1 office, district, agency or entity, the child advocate shall provide
2 such report to the governor and the legislature with a notice stating
3 that such office, district, agency or entity failed to issue a timely
4 written response to the report by the child advocate.
5 § 535-d. Cooperation of other agencies. To effectuate the purposes of
6 this article, the independent office of the child advocate may request
7 from state agencies and local social services districts having custody
8 of children such assistance and data as is necessary to fulfill the
9 child advocate's duties. Such information shall be provided to the inde-
10 pendent office of the child advocate unless otherwise protected by law.
11 § 535-e. Duty to maintain confidentiality. All records of the inde-
12 pendent office of the child advocate pertaining to the fulfillment of
13 the child advocate's rights, powers and duties pursuant to this article,
14 and all records obtained by the child advocate shall be kept confiden-
15 tial.
16 § 535-f. Additional provisions. 1. The state shall protect and hold
17 harmless any person employed or appointed by the child advocate, from
18 financial loss and expense, including legal fees and costs, if any,
19 arising out of any claim, demand or suit for damages resulting from acts
20 or omissions committed in the discharge of their rights, powers and
21 duties within the scope of their employment or appointment which may
22 constitute negligence but which acts are not wanton, malicious or gross-
23 ly negligent as determined by a court of competent jurisdiction.
24 2. No state or local agency, department, office, or entity shall
25 discharge, or in any manner discriminate or retaliate against, any
26 person who in good faith makes a complaint to, or cooperates with, the
27 child advocate in a review or evaluation conducted by the child advo-
28 cate. No employee of any state or local department or office or of any
29 private entity shall retaliate against any person who makes a complaint
30 to, or who cooperates with the independent office of the child advocate
31 in a review, investigation or evaluation conducted by the independent
32 office of the child advocate.
33 3. All communications to the independent office of the child advocate
34 shall remain confidential. Any complaint filed by any person with the
35 independent office of the child advocate shall remain confidential.
36 4. All youth residing in a juvenile justice facility shall be permit-
37 ted reasonable access to a telephone to make a toll free call or shall
38 be supplied writing materials in order to write letters to the independ-
39 ent office of the child advocate upon the youth's request. Any communi-
40 cations between such youth and the independent office of the child advo-
41 cate shall remain confidential and shall not be monitored by any member
42 of the facility's staff.
43 5. The independent office of the child advocate may apply for and
44 accept grants, gifts and bequests of funds from private individuals and
45 foundations for the purpose of carrying out studies under this article.
46 The funds shall be expended in accordance with the provisions of such
47 grant, gift or bequest.
48 6. The child advocate shall take all possible actions including, but
49 not limited to, conducting programs of public education, undertaking
50 legislative advocacy and making proposals for administrative correction
51 or reform, in order to secure and ensure the legal, civil and special
52 rights of children.
53 7. The child advocate shall take the appropriate steps to make the
54 existence and availability of the child advocate widely known, by appro-
55 priate and active means, to children and adults.
S. 4245 5
1 § 2. This act shall take effect on the first of April next succeeding
2 the date on which it shall have become a law. Effective immediately, the
3 addition, amendment and/or repeal of any rule or regulation necessary
4 for the implementation of this act on its effective date are authorized
5 to be made and completed on or before such effective date.
