N.Y. SOS Law § 483-D — New York Code / Act SOS / Article 10-C / Section 483-D
Out-of-state placement committee
Status: in_force

§ 483-d. Out-of-state placement committee. 1. Committee established.\nThere is hereby established within the council an out-of-state placement\ncommittee comprised of the commissioner of children and family services,\nthe commissioner of mental health, the commissioner of the office for\npeople with developmental disabilities, the commissioner of education,\nthe commissioner of alcoholism and substance abuse services, the\ncommissioner of health, and the director of the office of probation and\ncorrectional alternatives.\n  2. Establishment of out-of-state placement registries. (a) Each member\nof the out-of-state placement committee which places or which has\noversight responsibilities over agencies that place children in\nout-of-state congregate residential programs or residential schools\nshall establish a registry of congregate residential programs and/or\nresidential schools. To the extent feasible, such registries shall be\npublicly accessible via the committee member agency's website.\nAdditionally, the council shall establish a single comprehensive\nregistry for the listing of out-of-state congregate residential programs\nand residential schools that have been approved by one or more members\nof the out-of-state placement committee. To the extent feasible, the\nregistry shall be internet-accessible, and shall be placed on the\nwebsite of the council.\n  (b) The out-of-state placement committee shall develop core\nrequirements for the inclusion of an out-of-state congregate residential\nprogram or residential school on such a registry, which shall include\nbut may not be limited to requirements that:\n  (i) if the out-of-state congregate residential program or residential\nschool provides residential care to children from New York state, at\nleast one member of the out-of-state placement committee or his or her\ndesignee has conducted a site visit of such out-of-state congregate\nresidential program or residential school, as appropriate, within time\nframes as the committee shall determine;\n  (ii) the out-of-state congregate residential program or residential\nschool holds a current license or charter from the appropriate state\nagency or agencies of the state in which the program or facility is\nlocated;\n  (iii) appropriate laws and regulations exist in the state where the\ncongregate residential program or residential school is located for the\ninvestigation and resolution of allegations of abuse or neglect;\n  (iv) the appropriate member or members of the out-of-state placement\ncommittee shall have evaluated the out-of-state congregate residential\nprogram or residential school to determine whether the types of care\nbeing provided are consistent with New York state law and the applicable\ncommittee member agency's regulations.\n  (c) Prior to placing an out-of-state congregate residential program or\nresidential school on its registry, a member of the out-of-state\nplacement committee shall solicit and consider any relevant information\nregarding the congregate residential program or residential school from\nother members of the out-of-state placement committee.\n  (d) The out-of-state placement committee in conjunction with the\ndivision of the budget shall determine the feasibility of charging fees\nfor out-of-state congregate residential programs and residential schools\nto be listed on an out-of-state placement registry.\n  3. Establishment of recommended contract parameters. The out-of-state\nplacement committee shall establish recommended contract parameters for\nuse by committee member agencies and any local agency subject to the\njurisdiction of one of the committee member agencies when contracting\nwith an out-of-state congregate residential program or residential\nschool for the placement of a New York state child. Such contract\nparameters shall include but may not be limited to provisions that the\nout-of-state congregate residential program or residential school shall:\n  (a) hold and maintain a current license, certificate or charter from\nthe appropriate state agency or agencies of the state in which the\nprogram or facility is located;\n  (b) promptly notify the placing state or local agency of any\nenforcement action taken with respect to such license, certificate or\ncharter and any action the congregate program or facility is taking with\nrespect thereto and that the placing agency, if it is a local agency,\nwill notify its supervising state agency of such information;\n  (c) take all necessary steps to become and remain listed on the\nout-of-state placement registry of the applicable member or members of\nthe out-of-state placement committee, including providing any requested\ninformation to the applicable committee member or members consistent\nwith applicable state and federal laws and authorizing such committee\nmember or members to conduct announced and unannounced visits to the\nprogram or facility;\n  (d) promptly notify the placing state or local agency of any report of\nabuse or neglect occurring in the program or school regarding any child\nplaced by the state or local agency, the progress and outcome of the\ninvestigation of the report, and of any action being taken with respect\nthereto, and agree that the placing state or local agency will notify\nthe parents or persons in parental relationship to the child of such\nreport of abuse or neglect;\n  (e) promptly notify the placing state or local agency of any\ninvestigation of a report of abuse or neglect found to result from a\nsystemic problem with the program or school or any portion thereof and\nany action that the program or school is taking with respect thereto and\nthat the placing agency, if it is a local agency, will notify its\nsupervising state agency of such information; and\n  (f) establish, in conjunction with the placing state or local agency,\nappropriate services and goals for each child placed by such agency in\nthe out-of-state program or school consistent with applicable state and\nfederal law.\n  4. Model processes for placement. The out-of-state placement committee\nshall establish model processes for the placement of any child in an\nout-of-state congregate residential program or residential school which\nmay include, but not be limited to, identifying the necessary activities\nthat should be engaged in on a local, regional and/or state level prior\nto making an out-of-state placement including reviewing alternative\nservice options to avoid an out-of-home placement and reviewing all\nviable and least restrictive options for placing the child in-state.\n  5. Technical assistance resources. The committee shall make reasonable\nefforts to:\n  (a) coordinate the development and updating by member agencies of\nstatewide child and family services technical assistance resources which\nmay include service directories, assessment tools, inventories of\navailability and capacity of in-state services, referral guides, funding\nmaps, and information about research and evidence based practices,\nwhich, to the extent feasible, shall be made widely available through\nsuch means as web-based platforms; and\n  (b) establish public awareness, training and technical assistance\ninitiatives to strengthen local and regional service coordination and\nstreamline placement processes and access to community-based services,\nwhich include or complement existing infrastructure, by engaging local\nand regional service providers, educators, policy makers, family\nmembers, advocates and others.\n  6. Integrated funding. The committee, in conjunction with the division\nof the budget, shall analyze aggregate data on children who are placed\nin out-of-state congregate residential programs and residential schools\nand make recommendations concerning the development of integrated\nfunding for the purchase of services for children with complex and/or\nmultiply-diagnosed needs including:\n  (a) reducing or eliminating identified barriers to providing\nflexibility in the funding of programs and services for children at risk\nof placement in out-of-state programs and facilities and of such other\nchildren as may be appropriate;\n  (b) increasing the number of alternatives to placing children in\nout-of-state congregate residential programs or residential schools by\nallowing funds for services to follow the child into the most\nappropriate and least restrictive placement; and\n  (c) allowing funds for services to be applied to the purchase of\nappropriate services within the child's community, including\nmodification of the child's residence, in the most flexible manner so as\nto serve the child in the least restrictive setting as appropriate.\n  7. Additional review and recommendations; report. The out-of-state\nplacement committee may develop additional recommendations regarding a\ncommon system concerning placement of children in out-of-state programs\nand facilities, with the purpose of averting insofar as practicable\nfuture placement of children in such out-of-state programs and\nfacilities, of returning children from such out-of-state programs and\nfacilities, of building or rebuilding the infrastructure of in-state\nprograms and facilities so that it shall be capable of serving the needs\nof such children, of redesigning the system to eliminate barriers and\ninstitute flexibility in funding services so that children may be\nprovided for in the most appropriate and least restrictive environments,\nincluding the child's home, of enabling public funding for such services\nto follow the child, and of requiring appropriate levels of\naccountability concerning the placement of children at all levels of\npublic decision-making.\n  The committee shall provide an annual progress report concerning the\ndevelopment of the items and policies described in this section and\nprogress on their implementation, along with such recommendations as the\ncommittee shall deem appropriate and in keeping with the spirit and\nintent of this section. Such report shall be submitted to the governor\nand the legislature no later than thirty days following the submission\nof the executive budget.\n  8. Immunity from liability. Any person, official or institution\ncomplying with the requirements of this section reasonably and in good\nfaith, including establishing or implementing out-of-state registries,\ncontract parameters, and model processes for placement, with respect to\nplacing a child in an out-of-state or an in-state facility or program\nshall have immunity from any liability, civil or criminal, that might\notherwise result by reason of such actions.\n  9. Construction with other laws; severability. If any portion of this\nsection or the application thereof to any person or circumstances shall\nbe adjudged invalid by a court of competent jurisdiction, such order or\njudgment shall be confined in its operation to the controversy in which\nit was rendered, and shall not affect or invalidate the remainder of any\nprovision of this section or the application of any part thereof to any\nother person or circumstances and to this end each of the provisions of\nthis section are hereby declared to be separable.\n