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A00081 Summary:

BILL NOA00081
 
SAME ASSAME AS S05628
 
SPONSORQuart
 
COSPNSRDe La Rosa, Jackson, Vanel, Hevesi, Barron, Seawright, Forrest, Simon, Gonzalez-Rojas, Gottfried, Zinerman, Kelles
 
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.
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A00081 Memo:

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
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A00081 Text:



 
                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
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