SUBJECT:

PURPOSE:

The protection of children is one of the paramount responsibilities of government. New York State upholds that responsibility both through the direct care and protection of children who have been abused or neglected or who are in need of rehabilitative placement through the regulation of a range of programs that serve children, such as child care and after school programs. There have been several incidents reported in the media detailing dangerous, and sometimes fatal, conditions for children in state regulated and state run programs that have raised concerns about the safety and well-being of children who are in need of the State’s care and protections. Incidents such as the death of a child in a family based child care program, just after an inspector had been monitoring that program, the use of experimental treatment for foster children living with HIV and AIDS, and the death of a three month old child who was found unresponsive with numerous fractured bones and bruises in a New York City run homeless shelter, all raise concerns about the quality of care being provided to children in state run, state regulated, and state sponsored programs.

During this legislative session, A.6334, sponsored by Assemblywoman Barbara Clark, was introduced into the Children and Families Committee establishing an independent Office of the Child Advocate. This legislation was written to address the many concerns regarding the quality of care provided to vulnerable children by and under the supervision of New York State. This bill would establish an independent Office of the Child Advocate, vested with broad powers to investigate practices within the State’s child welfare and juvenile justice systems. Several states including New Jersey, Connecticut and Rhode Island have established similar independent Offices vested with broad powers to investigate practices within their state.

The New York State Office of Children and Family Services (OCFS) is charged with oversight of many child centered services including foster care, child protective services, preventive services for children and families and child care. In addition, OCFS is directly responsible for children placed at its own rehabilitative facilities. Currently, OCFS is charged with reviewing claims of institutional abuse and with operating an ombudsman’s office.

The Committee is interested in hearing testimony from interested parties on the need to establish an independent Office of the Child Advocate that would serve as an important step toward improving outcomes for our most vulnerable youth in care and to strengthen the State’s ability to protect children.

Please see below for a list of subjects to which witnesses may direct their testimony, which will be discussed at the hearing.

Persons wishing to present pertinent testimony to the Committee at the above hearing should complete and return the reply form as soon as possible. It is important that the reply form be fully completed and returned so that persons may be notified in the event of emergency postponement or cancellation.

Oral testimony will be limited to 10 minutes’ duration. In preparing the order of witnesses, the Committee will attempt to accommodate individual requests to speak at particular times in view of special circumstances. These requests should be made on the attached reply form or communicated to Committee staff as early as possible. In the absence of a request, witnesses will be scheduled in the order in which reply forms are postmarked.

Ten copies of any prepared testimony should be submitted at the hearing registration desk. The Committee would appreciate advance receipt of prepared statements.

In order to further publicize these hearings, please inform interested parties and organizations of the Committee’s interest in hearing testimony from all sources.

In order to meet the needs of those who may have a disability, the Assembly, in accordance with its policy of non-discrimination on the basis of disability, as well as the 1990 Americans with Disabilities Act (ADA), has made its facilities and services available to all individuals with disabilities. For individuals with disabilities, accommodations will be provided, upon reasonable request, to afford such individuals access and admission to Assembly facilities and activities.

SELECTED ISSUES TO WHICH WITNESSES MAY DIRECT THEIR TESTIMONY:

1. The New York State Office of Children and Family Services (OCFS) is charged with oversight of many child centered services. OCFS is also responsible for operating an ombudsman office. How is the ombudsman office at OCFS staffed? Is that staffing level sufficient? How often is the office contacted to deal with problems with the child welfare and juvenile justice systems? Who is making these contacts? Does the ombudsman office respond to phone calls and/or letters from youth in its facilities? What types of complaints, if any does the office receive? What type of outreach is done to bring awareness of the ombudman’s office and its functions?

2. Does New York need an independent Office of the Child Advocate? If so, please explain. How will this office differ from the ombudsman office within OCFS? Has New York State effectively protected vulnerable children? Has New York State done enough to ensure that children in its care are safe and are provided opportunities to thrive?

3. In the other states that have established Offices of the Child Advocate, how are these offices designed? Are all of these offices independent? Would you say that these offices are successful in achieving their mission? What, if any, roadblocks have these offices run into? How were they resolved? Please discuss any issues that a new office in New York State could possibly face if it is implemented. What impact have other Child Advocate offices had since their implementation began?

4. Many young people within OCFS facilities are unsure of their rights when they are placed. How are these young people informed of who they should contact when they are experiencing a problem? Do these young people feel that there is someone that will truly listen to them and advocate on their behalf? Can you speak to some of the problems these young people face in the system that would be solved or helped by an Office of the Child Advocate?

5. What would you suggest as the ideal design of a New York State Office of the Child Advocate? What resources would be required to insure effective operation of the Office?

6. What changes to A.6334, if any, should the Legislature consider that would improve the oversight of the child welfare and juvenile justice systems in New York State?

PUBLIC HEARING REPLY FORM

Persons wishing to present testimony at the public hearing on The Establishment of an Independent Office of the Child Advocate are requested to complete this reply form as soon as possible and mail it to:

Jennifer Best
Committee Assistant
Assembly Committee on Children and Families
Room 522 - Capitol
Albany, New York 12248
Email: bestj@assembly.state.ny.us
Phone: (518) 455-4371
Fax: (518) 455-4693

I will address my remarks to the following subjects:

I will require assistance and/or handicapped accessibility information. Please specify the type of assistance required: