NY Soc Serv L § 483-D (2021)
2021 New York Laws SOS - Social Services Article 10-C - State Council on Children and Families 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.