Relates to collecting data regarding alternative living arrangements for children who are at a substantial risk of maltreatment

◆ The sponsor's argument

Why Jabari Brisport says this is needed

When a child welfare agency determines that a child cannot remain safely in the home of a parent, relatives are looked to first to provide care. Stable placements with loving relatives and close family friends, also called "kinship caregivers," with supports and services that attend to the needs of the child and family are vital to achieving well-being for children. However, not all children who end up in the homes of "kinship caregivers" after child protective intervention are supported. Many fall through the cracks of the child welfare system because they are hidden from court oversight and/or regulatory structures of the formal child welfare system. This is often called "Hidden Foster Care," and this legislation seeks to provide further insight into this practice. The need for greater oversight over the "Hidden Foster Care" system is made all the more necessary because of the practices we have observed from child protective services ("CPS") agencies. In many cases, instead of filing a petition to family court, CPS may insist the parents trans- fer physical custody of the child to a relative or family member. To ensure family compliance, CPS may use the threat of removal through the court and placement into foster care with strangers. In New York, these family separations, sometimes called "alternative living arrangements" are instituted by CPS through a written or oral "safety plan" or "safety agreement" created by CPS during the course of a safety assessment and prior to obtaining a court order, and may be enforced through threats of court action or placement of the child in stranger care. CPS dictates conditions concerning the care of a child or children and/or the conduct of the parent, caretaker, or legally responsible person, including changing a child's physical residence and or care and control of the child to someone other than the child's parent, caretaker or legally responsible person. Theoretically, CPS would choose to utilize safety plans to avoid pulling a family deeper into the child welfare system and to give families time to address safety concerns that may be swiftly ameliorated. However, it has been argued that the way these practices/plans are implemented often disempower parents, diminish a family's constitutional rights, cause harm and trauma to the child, and damage trust of the agency and child welfare system by the parents, children, and kin caregivers moving forward. An essential first step to considering any potential steps to address this practice is to learn more about how it operates in New York. This bill defines the term "alternative living arrangements" and requires local CPS agencies to report the number of families separated following agency involvement, how long the families are separated, whether chil- dren return home, and the demographics of affected families, among other data points. OCFS is then required to compile a report to the Governor and Legislature.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.