Section 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   mental
  retardation   and   developmental   disabilities,  the  commissioner  of
  education, the commissioner of alcoholism and substance abuse  services,
  the  commissioner  of  health,  and  the  director  of  the  division 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.