N.Y. Social Services Law § 483-d: Out-of-state placement committee

§ 483-d. Out-of-state placement committee. 1. Committee established.

There is hereby established within the council an out-of-state placement

committee comprised of the commissioner of children and family services,

the commissioner of mental health, the commissioner of the office for

people with developmental disabilities, the commissioner of education,

the commissioner of alcoholism and substance abuse services, the

commissioner of health, and the director of the office of probation and

correctional alternatives.

2. Establishment of out-of-state placement registries. (a) Each member

of the out-of-state placement committee which places or which has

oversight responsibilities over agencies that place children in

out-of-state congregate residential programs or residential schools

shall establish a registry of congregate residential programs and/or

residential schools. To the extent feasible, such registries shall be

publicly accessible via the committee member agency's website.

Additionally, the council shall establish a single comprehensive

registry for the listing of out-of-state congregate residential programs

and residential schools that have been approved by one or more members

of the out-of-state placement committee. To the extent feasible, the

registry shall be internet-accessible, and shall be placed on the

website of the council.

(b) The out-of-state placement committee shall develop core

requirements for the inclusion of an out-of-state congregate residential

program or residential school on such a registry, which shall include

but may not be limited to requirements that:

(i) if the out-of-state congregate residential program or residential

school provides residential care to children from New York state, at

least one member of the out-of-state placement committee or his or her

designee has conducted a site visit of such out-of-state congregate

residential program or residential school, as appropriate, within time

frames as the committee shall determine;

(ii) the out-of-state congregate residential program or residential

school holds a current license or charter from the appropriate state

agency or agencies of the state in which the program or facility is

located;

(iii) appropriate laws and regulations exist in the state where the

congregate residential program or residential school is located for the

investigation and resolution of allegations of abuse or neglect;

(iv) the appropriate member or members of the out-of-state placement

committee shall have evaluated the out-of-state congregate residential

program or residential school to determine whether the types of care

being provided are consistent with New York state law and the applicable

committee member agency's regulations.

(c) Prior to placing an out-of-state congregate residential program or

residential school on its registry, a member of the out-of-state

placement committee shall solicit and consider any relevant information

regarding the congregate residential program or residential school from

other members of the out-of-state placement committee.

(d) The out-of-state placement committee in conjunction with the

division of the budget shall determine the feasibility of charging fees

for out-of-state congregate residential programs and residential schools

to be listed on an out-of-state placement registry.

3. Establishment of recommended contract parameters. The out-of-state

placement committee shall establish recommended contract parameters for

use by committee member agencies and any local agency subject to the

jurisdiction of one of the committee member agencies when contracting

with an out-of-state congregate residential program or residential

school for the placement of a New York state child. Such contract

parameters shall include but may not be limited to provisions that the

out-of-state congregate residential program or residential school shall:

(a) hold and maintain a current license, certificate or charter from

the appropriate state agency or agencies of the state in which the

program or facility is located;

(b) promptly notify the placing state or local agency of any

enforcement action taken with respect to such license, certificate or

charter and any action the congregate program or facility is taking with

respect thereto and that the placing agency, if it is a local agency,

will notify its supervising state agency of such information;

(c) take all necessary steps to become and remain listed on the

out-of-state placement registry of the applicable member or members of

the out-of-state placement committee, including providing any requested

information to the applicable committee member or members consistent

with applicable state and federal laws and authorizing such committee

member or members to conduct announced and unannounced visits to the

program or facility;

(d) promptly notify the placing state or local agency of any report of

abuse or neglect occurring in the program or school regarding any child

placed by the state or local agency, the progress and outcome of the

investigation of the report, and of any action being taken with respect

thereto, and agree that the placing state or local agency will notify

the parents or persons in parental relationship to the child of such

report of abuse or neglect;

(e) promptly notify the placing state or local agency of any

investigation of a report of abuse or neglect found to result from a

systemic problem with the program or school or any portion thereof and

any action that the program or school is taking with respect thereto and

that the placing agency, if it is a local agency, will notify its

supervising state agency of such information; and

(f) establish, in conjunction with the placing state or local agency,

appropriate services and goals for each child placed by such agency in

the out-of-state program or school consistent with applicable state and

federal law.

4. Model processes for placement. The out-of-state placement committee

shall establish model processes for the placement of any child in an

out-of-state congregate residential program or residential school which

may include, but not be limited to, identifying the necessary activities

that should be engaged in on a local, regional and/or state level prior

to making an out-of-state placement including reviewing alternative

service options to avoid an out-of-home placement and reviewing all

viable and least restrictive options for placing the child in-state.

5. Technical assistance resources. The committee shall make reasonable

efforts to:

(a) coordinate the development and updating by member agencies of

statewide child and family services technical assistance resources which

may include service directories, assessment tools, inventories of

availability and capacity of in-state services, referral guides, funding

maps, and information about research and evidence based practices,

which, to the extent feasible, shall be made widely available through

such means as web-based platforms; and

(b) establish public awareness, training and technical assistance

initiatives to strengthen local and regional service coordination and

streamline placement processes and access to community-based services,

which include or complement existing infrastructure, by engaging local

and regional service providers, educators, policy makers, family

members, advocates and others.

6. Integrated funding. The committee, in conjunction with the division

of the budget, shall analyze aggregate data on children who are placed

in out-of-state congregate residential programs and residential schools

and make recommendations concerning the development of integrated

funding for the purchase of services for children with complex and/or

multiply-diagnosed needs including:

(a) reducing or eliminating identified barriers to providing

flexibility in the funding of programs and services for children at risk

of placement in out-of-state programs and facilities and of such other

children as may be appropriate;

(b) increasing the number of alternatives to placing children in

out-of-state congregate residential programs or residential schools by

allowing funds for services to follow the child into the most

appropriate and least restrictive placement; and

(c) allowing funds for services to be applied to the purchase of

appropriate services within the child's community, including

modification of the child's residence, in the most flexible manner so as

to serve the child in the least restrictive setting as appropriate.

7. Additional review and recommendations; report. The out-of-state

placement committee may develop additional recommendations regarding a

common system concerning placement of children in out-of-state programs

and facilities, with the purpose of averting insofar as practicable

future placement of children in such out-of-state programs and

facilities, of returning children from such out-of-state programs and

facilities, of building or rebuilding the infrastructure of in-state

programs and facilities so that it shall be capable of serving the needs

of such children, of redesigning the system to eliminate barriers and

institute flexibility in funding services so that children may be

provided for in the most appropriate and least restrictive environments,

including the child's home, of enabling public funding for such services

to follow the child, and of requiring appropriate levels of

accountability concerning the placement of children at all levels of

public decision-making.

The committee shall provide an annual progress report concerning the

development of the items and policies described in this section and

progress on their implementation, along with such recommendations as the

committee shall deem appropriate and in keeping with the spirit and

intent of this section. Such report shall be submitted to the governor

and the legislature no later than thirty days following the submission

of the executive budget.

8. Immunity from liability. Any person, official or institution

complying with the requirements of this section reasonably and in good

faith, including establishing or implementing out-of-state registries,

contract parameters, and model processes for placement, with respect to

placing a child in an out-of-state or an in-state facility or program

shall have immunity from any liability, civil or criminal, that might

otherwise result by reason of such actions.

9. Construction with other laws; severability. If any portion of this

section or the application thereof to any person or circumstances shall

be adjudged invalid by a court of competent jurisdiction, such order or

judgment shall be confined in its operation to the controversy in which

it was rendered, and shall not affect or invalidate the remainder of any

provision of this section or the application of any part thereof to any

other person or circumstances and to this end each of the provisions of

this section are hereby declared to be separable.