Impact on Child Welfare & Youth Justice Services in NYC – 2020 NYS Executive Budget

A.2006-A / S.1506-A (Budget Article VII) – Part K
Enacts into law major components of legislation necessary to implement the state education, labor housing and family assistance budget for the 2019-2020 state fiscal year; to amend the family court act, the social services law and the executive law, in relation to persons in need of supervision; and to repeal certain provisions of the family court act and the executive law relating thereto

A.2003-A / S.1503-A (Aid to Localities Budget)
AN ACT making appropriations for the support of government

Concerns Regarding the 2019-2020 Executive Budget Impact on Child Welfare and Youth Justice Services in New York City

On behalf of the New York City Bar Association, we are writing to express our concerns about (1) the disparate support New York State provides for the children and families of New York City compared to the rest of the state when it comes to juvenile delinquents in placement (the “Close to Home” program) and Raise the Age implementation, and (2) the state’s proposed Persons In Need of Supervision (PINS) reform[1] that will negatively impact the safety and stability of youth and families in NYC and statewide.

SUPPORT FOR JUVENILE JUSTICE REFORM IN NEW YORK CITY

With the support and leadership of the Governor and Legislature, New York State has made tremendous progress with regard to juvenile justice reform.  Juvenile crime, arrests, detention and placement are all down.[2]  The state has been a progressive leader in these efforts, closing facilities, creating the Close to Home program[3] and raising the age of criminal responsibility.[4]  In New York City, Close to Home has changed the landscape for juvenile justice, dramatically reducing the number of youth adjudicated as juvenile delinquents from New York City in out-of-home (or residential) placement[5], improving educational outcomes, supporting children returning to the community, and serving as a model for other jurisdictions.[6] Similarly, Raise the Age has opened a new chapter in youth justice, which is delivering on its promise to treat adolescents in a way that meets their developmental needs, while improving public safety.[7]

Unfortunately, despite these victories, New York City’s youth are not reaping the same benefits from the state as youth elsewhere.  While New York State supports 50% of the placement costs for all youth adjudicated as juvenile delinquents outside New York City, the City’s youth in placement (Close to Home) receive no state support in the Executive Budget.[8]  While New York State is reimbursing all other communities for the costs of Raise the Age implementation outside the City, New York City is receiving no state support because receipt of funding is subject to the 2% tax cap requirement, which renders the City ineligible.[9] We believe this is unjust, unfair and inequitable.  New York City children are New Yorkers too, and thus they too should receive state support.

PROTECTING PINS YOUTH

In addition, we are very concerned about the proposal to change the state’s approach to serving Persons in Need of Supervision (PINS) youth.[10]  While we support the proposal’s prohibition against detaining PINS youth (something NYC has abandoned), we are concerned about two aspects of the proposal.  First, the proposal would eliminate the family court’s ability to place a PINS youth in foster care (except when the court determines the child is sexually exploited).  Although placement of PINS youth in foster care should be rare, since most youth are best served in their communities, we oppose the wholesale elimination of this option, even with the sexually exploited youth exception.  Second, the proposal would eliminate the state’s support for the PINS diversion services currently strengthening parent/child relationships so children remain safely with their families through uncapped child welfare preventive dollars.  Notably, in New York City, approximately 5,000 families seek PINS diversion services and today there are about 100 youth in the City’s foster care system on a PINS petition.  This shows both that the services are working and that foster care is limited to youth who truly need to be in foster care.  It is our collective view that these changes will negatively impact child safety and increase their risk of involvement in the juvenile justice system.

RECOMMENDATIONS

Given the foregoing, we respectfully ask the Legislature and Governor to:

• Restore state funding for the Close to Home program and permit New York City to access Raise the Age implementation dollars;
• Adopt the proposed language that ends the detention of PINS youth;
• Reject the proposed language that prohibits placement of youth, which will maintain the status quo under the law, and allow PINS youth to be placed with the Commissioner[11] (in foster care) when the family court determines it is necessary; and
• Reject the proposed language that cuts off access to child welfare preventive services funding to support PINS diversion services, which will maintain the status quo under the law and permit the New York City Administration for Children’s Services to continue to obtain state support to serve these youth.

Thank you for considering our position on these important proposals impacting child welfare and youth justice services in New York City.

Children and the Law Committee
Sara L. Hiltzik, Chair

Corrections and Community Reentry Committee
Alex Lesman, Chair

Family Court and Family Law Committee
Glenn Metsch-Ampel

Juvenile Justice Committee
Fredda Monn, Chair

Reissued March 2019