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Bill

Bill

S 3794

Requires schools to accept credits for educational programs at OCFS facilities as transfer credits

2025 Regular Session Introduced by Zellnor Myrie

Establishes a 12-month respite hour bank with annual reevaluations for youths under 21 with developmental disabilities, ensuring no reduction in total yearly hours.

REFERRED TO EDUCATION
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Bill Summary · S 3794

Summary: Senate Bill S 3794

Overview

S 3794 would reform the Division of Children’s System of Care (DCSOC) within the Department of Children and Families (DCF) to provide longer-terms and more flexible respite care for individuals under age 21 with developmental disabilities. The bill shifts from a 90-day authorization cycle with fixed hourly limits to a 12-month authorization period with a bank of respite hours and an annual reevaluation process. It also requires regulatory rulemaking to implement these changes and takes effect immediately upon enactment.

What the bill would do

  • Establish a 12-month authorization period for family support services that include agency-hired respite, agency-weekend respite, and self-hired respite care.
  • Upon authorization, ensure the family/guardian receives a bank of respite care hours in addition to any other eligible family support service hours, to be used during each 12-month authorization period.
  • Create an annual reevaluation process for families/guardians to assess the need, usage, and outcomes of family support services; determine eligibility for the respite-hour bank based on reevaluation results; and allow the option to remain with the current agency after reevaluation.
  • Prohibit any reduction in the total respite care hours authorized for an individual during a 12-month period.
  • Define the respite care categories (agency-hired, agency-weekend, self-hired) and clarify their scope (in or outside the home; social and recreational experiences).

Key provisions and definitions

  • Agency-hired respite care: Trained respite worker employed by an agency contracted with DCF.
  • Agency-weekend respite care: Weekend respite provided by an agency-employed worker outside the home.
  • Self-hired respite care: Family/guardian hires a trained respite worker paid directly by the family/guardian.
  • Annual reevaluation: Evaluates the need for family support services, how often services were accessed, and outcomes achieved; determines eligibility for a respite-hour bank; decides whether to stay with the same agency post-reevaluation.
  • Regulatory authority: DCF to promulgate rules under the Administrative Procedure Act to effectuate the act.

Who would be affected

  • Children under age 21 with developmental disabilities and their families/guardians.
  • Agencies contracted with DCF to provide family support services (recruitment, staffing, and delivery of respite care).
  • DCSOC and the broader DCF would implement and administer these changes.

Implementation and timeline

  • Effective date: Immediate upon enactment.
  • Regulatory process: DCF to adopt rules/regulations to implement the act.
  • Schedule changes: Replaces current 90-day authorizations and fixed-hour caps with a 12-month system and a flexible hour bank.

Legislative status and sponsorship

  • Introduced: October 10, 2024.
  • Latest actions: Referred to Senate Health, Human Services and Senior Citizens Committee (2024), then referred to Education (January 30, 2025).
  • Primary sponsor: Senator Zellnor Myrie.
  • Related companion bills: A 4761 and A 4381, along with several prior-session S and A companion/related measures.

Potential impacts and considerations

  • Benefits: Greater stability for families, reduced administrative burden from annual reapplications, increased flexibility to address individual needs, and preserved total respite-hour allocations.
  • Costs/funding: The bill does not specify funding; implementing a 12-month bank and annual reevaluations may affect program budgeting and administrative workload.
  • Oversight: Requires regulatory rulemaking, which may detail eligibility, funding, and implementation nuances.

This summary outlines the bill’s aim to modernize and stabilize respite care for youth with developmental disabilities by extending authorization periods, creating an hour bank, and instituting annual reevaluations.

Compiled from official sources — confirm details with the bill’s official record.

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