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On August 2, 2005, Chapter 392 of the Laws of 2005 was signed by the Governor of the State of New York, enacting the Out-of-State Placement (OSP) Committee, in the Council of Children and Families. The Law intends to improve the monitoring of out-of-state residential placements, promotes coordination across all levels of government and establishes a process for identifying and considering in-state resources prior to making an out-of-state placement. This legislation is a direct outcome of the Report of the Interagency Work Group on Out-of-State Residential Placements (June 2005) and became effective October 31, 2005.
As established within the Council on Children and Families, the Out-of-State Placement Committee is responsible for the following:
The Committee is chaired by the Acting Executive Director of the Council on Children and Families and comprises in statute the commissioners of the following agencies: Office of Children and Family Services, State Education Department, Office of Mental Health, Office for People with Developmental Disabilities, Office of Alcoholism and Substance Abuse Services, Department of Health, and the Office of Probation and Correctional Alternatives. Additionally, the Division of the Budget, Commission on Quality of Care and Advocacy for Persons with Disabilities, and two family members with knowledge and experience in out of state residential placement issues participate on the Committee. The Committee has held meetings for information-sharing and discussion with representatives of non-governmental organizations on the progress of the Out-of-State Placement Committee.
As required by statute, the Council on Children and Families is responsible for hosting a comprehensive registry of out-of-state residential facilities. This registry is a compendium of individual agency registries from the NYS Department of Education and the NYS Office of Children and Family Services, the two state agencies with oversight responsibilities for out of state residential placements for children and youth. The Out-of-State Placement Committee has recommended a set of core requirements which each out-of-state residential facility must meet to be placed on the comprehensive registry. Currently, the Council has a link to the State Education Department’s List of Residential Programs in Approved Private Schools Outside New York State. The Office of Children and Family Services is in the process of developing their agency registry.