Council Votes to Hold ACS More Accountable and Better Help Families Dealing with the Agency
The Council will also vote to help newsstand operators survive
City Hall, NY – Removing a child from his or her home is a last resort but too often the Administration for Children’s Services relies on emergency removals, which allow the agency to remove a child without going through family court. The Council is voting on a legislative package designed to better report on these emergency removals, better inform parents of their rights and hold the agency more accountable. The first bill requires ACS to provide parents and/or caretakers with written information about their right to request a fair hearing to challenge a report made against them during an ACS child protective investigation.
The Council will also vote on a bill that requires ACS to report on the total number of emergency removals of children each quarter, providing information disaggregated by race, community district, and primary language. Another bill requires ACS to create a plan to address disparities identified in the report. Legislation being voted on will also require ACS to annually submit to the Council information on how long it takes for the families of children in ACS custody to visit their child after a placement or transfer, how many children are placed in boroughs outside of where they are from; and to report on emergency removal cases.
With newsstand operators struggling to stay open, the Council will also vote on legislation to amend existing law to allow partnerships among operators. Current and new licensees would be able to hold a newsstand license as a “corporate entity,” as long the newsstand profits are their primary source of income, enabling operators to partner with one another to better maintain their livelihood. The bill would also shield their personal assets from liability, help the Department of Consumer and Worker Protection enforce a limit on two newsstand locations per licensee, and prohibit any licensee from renting or attempting to rent out their newsstand, giving operators a more stable business model.
The Council will also vote on legislation requiring the Department of Health and Mental Hygiene to waive any fee for applicants requesting to amend a death certificate to list the cause of death as COVID-19 or health complications caused by COVID. This will ensure that all who are eligible for federal funeral assistance benefits can fairly get access.
The Council will vote on a bill that would require the Department of Social Services to review the services and resources it provides specific to LGBTQI+ individuals entering the City’s domestic violence emergency shelters. DSS would also be required to better train emergency shelter employees who work with LGBTQI+ individuals.
The Council will also vote on legislation to extend deadlines mandated by Local Law 152 of 2016. Local Law 152 requires that building gas piping systems be inspected every four years to make sure there are no gas leaks and that any issues identified during the inspection be fixed.
Following the inspection and, if needed, repairs, the building owner is required to submit a certification to the Department of Buildings. Currently, a building owner can have no more than180 days from the date of inspection to submit the certification that any conditions that need to be repaired have been repaired. Local Law 152 does not allow for any other extensions to any other deadlines.
This bill allows all owners of buildings with gas piping systems and gas service to apply for a 180-day extension of the deadline, gives DOB the ability to grant additional time beyond 180 days to buildings owners who have identified conditions that need to be corrected, and allows owners of buildings with gas piping systems but without gas service to forego the required inspections. The Council will further vote on legislation that extends compliance deadlines for gas piping system inspections for buildings in community districts 2, 5, 7, 13, and 18 in all boroughs from December 31, 2021 until June 30, 2022.
The Council will vote on a bill to relieve retail stores from the responsibility of placing price stickers on each item they sell, as has already been done in Rockland, Suffolk, and Westchester Counties.
The Council will vote on legislation to protect homeowners against deed fraud. In 2017, the Council created the Notice of Recorded Document Program which requires the Department of Finance to provide notice to property owners whenever a deed-related or mortgage-related document is filed against their property. This bill will strengthen that notification and require the notice to provide information on what property owners can do if they believe that the recording is fraudulent
Additionally, the Council will vote on legislation to extend the certification of no harassment pilot created by Local Law 1 of 2018 until September 27, 2026.
Finally, the Council will vote on several land use and finance items.
GENERAL WELFARE
Reports on emergency removal cases by ACS
Int. No. 1727-A, sponsored by Council Member Stephen Levin, will require the Administration for Children’s Services (ACS) to report on emergency removal cases, which mean the removal of a child out of a home prior to a court hearing, when during the investigation of a report of abuse or neglect, ACS determines that such child is not safe at home.
“Today’s passage of bills in the ACS Accountability Act is an important step and I celebrate the increased information these bills will bring to families and the council about the ACS process,” said Council Member Stephen Levin. “The General Welfare Committee is committed to ensuring that parents who interface with the child welfare system have the information and resources they need and deserve. We have a duty to ensure the process is as fair as possible to protect children and families.”
The bill would take effect on April 1, 2022.
Provides information to parents about hearings
Int. No. 1729-A, sponsored by Council Member Levin, will require ACS to provide a parent or caretaker written information about their right to request a fair hearing to challenge an indicated report made against a parent or caretaker during an ACS child protective investigation.
The bill would take effect 150 days after it becomes law.
Reports on youth in foster care
Int. No. 1719-A, sponsored by Council Member Margaret Chin, will require ACS to submit to the Council no later than July 31, 2022, and annually thereafter, information on how long it takes for the families of children in ACS custody to visit their child after a placement or transfer, as well as the number of children that are given placements in boroughs other than those which they are from, disaggregated by borough.
“My bill Introduction 1719 requires the Administration for Children’s Services (ACS) to report to the Council on how long it takes for the families of children in ACS custody to visit their child after a placement or transfer, as well as the number of children who are placed out of their original borough,” said Council Member Margaret Chin. “Requiring additional reporting from an agency that has an outsized impact on parents of color and non-English speaking immigrants is extremely important and I am pleased to see this particular bill moving forward. Intro 1719 was not created as a stand-alone bill, however, and the Council’s oversight must not be limited to simply increasing an agency’s reporting. I thank Council Member Levin and Council Member Rivera for their unwavering advocacy on the important and emotional topic of parental rights and child welfare and it is my sincere hope that the key bills missing in this legislative package are rightfully called for a vote during the next Stated meeting.”
The bill would take effect immediately.
Informs on demographics of emergency removals
Int. No. 1716-A, sponsored by Council Member Adrienne Adams, will require the Administration for Children’s Services (ACS) to report on the total number of emergency removals of children each quarter. This bill also requires ACS to provide such information disaggregated by race, community district, and primary language of each child and parent or person legally responsible for the child.
“Emergency removals that separate families have long-term consequences and can traumatize both parents and children alike. We need to fully understand who is impacted by these actions, and why these disparities persist,” said Council Member Adrienne Adams. “This legislation will require more detailed reporting on emergency removals of children, and bring more transparency and accountability to our child welfare system.”
The bill would take effect on April 1, 2022.
Reports on child’s every step in welfare system
Int. No. 1717-A, sponsored by Council Member Alicka Ampry-Samuel, will require the Administration for Children’s Services (ACS) to report on various demographic information including race, ethnicity, gender, community district, and primary language of parents and children at every step of the child welfare system and to create a plan to address any disparities identified as a result of such reporting.
The bill would take effect immediately.
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