New York State

The Kincare Coalition mounted a letter writing campaign in support of two bills that were introduced into the state legislature at the request of the NYS Office of Children and Family Services.  Both bills closely tracked recommendations in the 2008 and 2005 Kincare Coalition reports regarding clarifying the similarities between legal custody and guardianship, the need for better notice to relatives, the use of private custody proceedings, and increased permanency for kinship families.  Both passed the Senate and Assembly during the final days of the legislative session.  Stay tuned, next step is making sure that Governor Patterson signs them into law.

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BILL NUMBER: S.4838-A same as A. 8358-A

SPONSOR:   Senator Kruger and Assemblyman Bradley

TITLE OF BILL: An act to amend the family court act, the domestic relations law and the surrogate’s court procedure act, in relation to the legal powers of custodians and guardians of children. Creates an alternative to adoption in circumstances where relatives are foster parents or where both parents are deceased.  The new permanent guardian would be eligible for a subsidy once New York finally can obtain federal funding for a guardianship subsidy.  Also declares that the same laws apply to both legal custody and legal guardianship.

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BILL NUMBER:  S.7447 same as A.10808

SPONSOR:  Senator Kruger and Assemblyman Scarborough
TITLE OF BILL:  An act to amend the family court act, in relation to concurrent guardianship, custody and child protective proceedings. Amends Family Court Article Ten in order to insure that relatives are informed in writing of their options and can start private petitions for custody.  Also permits Article Ten proceedings to consolidate their findings regarding abuse and neglect for use in private Article Six custody proceedings.

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“De Facto” Custody Bill Introduced

S5968-A Introduced in Senate.

After many delays, a “de facto” bill was finally introduced in the Senate.  A similar bill may be introduced in the Assembly.  The two bills will still need to be reconciled.  Both Senator Golden (R-Brooklyn) and Assemblyman Scarborough (D-Queens) have agreed to a two-year period of care.  Both bills would indicate that once a child has resided with a relative for two-years, that period of time is an “extraordinary circumstance” warranting the court’s consideration of the children’s best interests in deciding custody.  We are hopeful that finally in the next legislative session we may get this bill approved by both houses.

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Federal Alert – House Passes Kinship Legislation

NYS Could Get Funding for Subsidized Guardianship

On June 24, the House of Representatives passed the “Fostering Connections To Success Act” (H.R. 6307).  This bill would provide federal funds for both kinship navigator programs and subsidized guardianship.  The bill also addresses a number of crucial child welfare issues, including funding for family decision-making and for locating family members after removals, and refunding for the adoption incentive program.

Similar kinship bills in Senate contain provisions funding for subsidized guardianship and kinship navigator programs.

Advocates estimate that action by the Senate in July could reconcile the House and Senate versions.  Action is needed now, because after the August recess it’s unlikely that any child welfare bill will gather momentum during an election year.

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NY Times editorial on the Bush administration's attempt to cut Medicaid funding that would affect nursing homes and other health careproviders. Click here.

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The Commissioner of OMH and the Director of NYSOFA report annually to the Governor and Legislature a long-term plan regarding the geriatric mental health needs of the residents of the State and recommendations to address those needs. The 2006 report represents the first report since the enactment of the Geriatric Mental Health Act.  (April 18, 2007)            http://www.omh.state.ny.us/omhweb/geriatric/report_2006.html

Thanks to MHANYS for this update.
Federal Parity Bill Passes in Senate

We are pleased that the Senate has passed a federal parity bill that is inclusive of many of the changes that were sought from New York advocates that would insure that Timothy's Law was not weakened. This language change would not have come about with out the strong and active role played by Governor Spitzer and his staff as well as Senators Schumer and Clinton and their staffs.

Now our advocacy switches gears to the House of Representatives. The story that appears after the Mental Health America Policy Update details the House's response to the passage of the Senate parity bill.

NY State Office For the Aging - Letter from Director, Michael J. Burgess | 2007-08 Priorities

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Funding Levels for Lifespan Respite in the House and Senate Appropriations Subcommittees on Labor/HHS/Education Appropriations were significantly lower than expected.  The House bill included $5 million for lifespan respite and the Senate included no funding at all, even though the Compromise Budget Resolution recommended $26 million.  The full House and Senate Appropriations Committees are expected to report final bills soon.  www.congress.gov

Older Americans Act (OAA) funding also received funding as part of the Labor/HHS/Education spending bills for Fiscal Year 2009.  Among other things, the National Family Caregiver Support Program would get a $1.5 million increase.  The next steps are full committee markups in the House and Senate, followed by floor action. www.congress.gov

On June 25, 2008, the House overwhelmingly passed the ADA Restoration Act, H.R. 3195.  The legislation would redefine the legal definition of ‘disabled’ under the Americans with Disabilities Act (ADA).  The language would be changed from an impairment that “substantially limits” one or more life activities to an impairment that “materially restricts” these activities.  The changes would include more American workers in the ADA’s protected class.  The Senate will now consider the legislation.  www.congress.gov

PRESIDENT SIGNS CRITICAL RESPITE BILL FOR FAMILY CAREGIVERS
The Act provides $30 million in the first year and almost $300 million over five years for competitive grants for states and local bodies to increase the availability of respite care services for family caregivers of individuals with special needs regardless of age. The bill also promotes a coordinated system of accessible respite care at the state and federal level.
Lifespan Respite Care Act of 2006 (HR 3248)

Timothy's Law now in effect for NYS

Governor Pataki signed Timothy's Law today, 12/22/06 at a brief noon ceremony at the State Capitol. On hand were Tom O'Clair and representatives of many of the leading coalitions who have made up the Timothy's Law Campaign.

What does this mean to New Yorkers? It means that New Yorkers with a number of more prominent mental health conditions who work in agencies with 50 or more employees will be able to get an unlimited amount of sessions with their mental health counselors (most are only allowed 20 visits per year). There will be no disincentives due to rising co-pays typically imposed after the fifth visit.

It also means that people with similar conditions who work in smaller businesses (49 employees and below) are guaranteed a minimum of 20 sessions per year and, if their employer makes the appropriate arrangements, they too can have unlimited visits with fixed co-pays.

Current 30 day per year annual caps on inpatient care are also removed in a similar fashion.

http://www.timothyslaw.org/index.htm