De La Rosa, Jackson, Vanel, Hevesi, Barron, Seawright, Forrest, Simon, Gonzalez-Rojas, Gottfried,
Zinerman, Kelles, Aubry, Gibbs, Hyndman
MLTSPNSR
Amd 378-a, Soc Serv L
Provides that a foster youth who has obtained the age of eighteen shall not be required to receive a criminal history record check unless the youth's foster or adoptive parent or guardian is being certified to care for an additional foster youth who is under the age of eighteen; makes related provisions.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A81
SPONSOR: Quart TITLE OF BILL:
An act to amend the social services law, in relation to criminal history
record checks of certain foster youths
PURPOSE OR GENERAL IDEA OF BILL:
To prevent foster youth from unnecessary background checks
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 adds a new subdivision 3 to section 378-a of the social
services law.
Section 2 sets the effective date.
JUSTIFICATION:
For youth in the foster system, institutionalization and stigmatization
is an everyday occurrence. Their lives are closely regulated by govern-
ment agencies and often, they don't have anyone to advocate for their
interests within the bureaucracy. This institutionalization can even
stretch so far as fingerprinting and background checking foster youth
without their foster parents' knowledge or authorization, even though
foster agencies would be aware of any contact between a foster youth and
law enforcement.
This bill clarifies that background checks of foster youth turning eigh-
teen are not required as a matter of course.
PRIOR LEGISLATIVE HISTORY:
2019-2020: A9773
FISCAL IMPLICATIONS:
None to the state
EFFECTIVE DATE:
Immediately
STATE OF NEW YORK
________________________________________________________________________
81
2021-2022 Regular Sessions
IN ASSEMBLY(Prefiled)
January 6, 2021
___________
Introduced by M. of A. QUART, DE LA ROSA -- read once and referred to
the Committee on Codes
AN ACT to amend the social services law, in relation to criminal history
record checks of certain foster youths
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 378-a of the social services law is amended by
2 adding a new subdivision 3 to read as follows:
3 3. Notwithstanding any other law, rule or regulation to the contrary,
4 nothing in this section shall require a foster youth who has obtained
5 the age of eighteen to receive a criminal history record check, unless
6 the youth's foster or adoptive parent or guardian is being certified to
7 care for an additional foster youth who is under the age of eighteen.
8 When a foster parent applies for renewal of a certification or approval
9 as a foster parent, anyone over the age of eighteen living in the home
10 where a new foster youth under the age of eighteen is entering shall be
11 notified of the requirements of subdivision two of this section no later
12 than thirty days prior to approval of such placement.
13 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01718-01-1
