Bill Text: NY A04228 | 2019-2020 | General Assembly | Introduced
Bill Title: Enacts the "Westchester county dual track demonstration program"; provides for establishing a demonstration program implementing a dual track child protective program in Westchester county; provides that such program shall be supervised by the office of children and family services; also provides for the appointment of an advisory council and for various evaluations of the program; requires reports thereon.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - referred to children and families [A04228 Detail]
Download: New_York-2019-A04228-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4228 2019-2020 Regular Sessions IN ASSEMBLY February 1, 2019 ___________ Introduced by M. of A. PRETLOW -- read once and referred to the Commit- tee on Children and Families AN ACT to amend the social services law, in relation to establishing a demonstration program implementing the Westchester county dual track child protective services system; and providing for the repeal of such provisions upon expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative intent. The legislature hereby finds and 2 declares that the challenge facing this state's child protective 3 services program demands that a bold new approach be tested to determine 4 how this state can fulfill its obligations to protect and defend chil- 5 dren, provide for their health, safety and welfare, and also make neces- 6 sary services and assistance available to families in a less confronta- 7 tional and intrusive manner, when circumstances so warrant. By 8 establishing a system in Westchester county, where complaints of alleged 9 child abuse and maltreatment are assigned to either an investigatory or 10 a family assessment and services track, it is the intent of the legisla- 11 ture to study and review alternative methods of fulfilling those obli- 12 gations and, at the same time, initiate the delivery of comprehensive 13 family rehabilitative services to children and families. 14 § 2. Short title. This act shall be known and may be cited as the 15 "Westchester county dual track demonstration program". 16 § 3. The social services law is amended by adding a new section 423-b 17 to read as follows: 18 § 423-b. Westchester county demonstration program to assess the feasi- 19 bility of enhancing alternative child protective services through the 20 use of a dual track approach. 1. (a) The office of children and family 21 services is hereby authorized and directed to establish a demonstration 22 program in Westchester county to address the feasibility of enhancing EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04813-01-9A. 4228 2 1 alternative child protective services through the use of a dual track 2 approach. 3 (b) Participation in the demonstration program by the Westchester 4 county social services district (hereinafter in this section referred to 5 as the "district") shall enable the district to assign complaints of 6 alleged child abuse and maltreatment received by the statewide central 7 register of child abuse and maltreatment, to one of two tracks: 8 (1) the investigative track, which operates in compliance with the 9 other sections of this title; or 10 (2) the family assessment and services track, designed to increase 11 family participation in voluntary services to improve family functioning 12 and prevent repeat reports. Cases assigned to this track shall not be 13 subject to the requirements otherwise applicable to cases reported to 14 the statewide register of child abuse and maltreatment pursuant to this 15 title, except as set forth in this section. 16 (c) The demonstration program authorized by this section shall be 17 conducted for the period commencing January first, two thousand twenty 18 and ending December thirty-first, two thousand twenty-three. The advi- 19 sory council established by this section shall exist until June thirti- 20 eth, two thousand twenty-four. 21 (d) The district shall establish a local advisory council to assist it 22 in implementing the dual track demonstration program and providing broad 23 based input. 24 (1) The advisory council shall consist of nine members: six members to 25 be appointed by the county of Westchester; one member to be appointed by 26 the commissioner of the office of children and family services; one 27 member to be appointed by the temporary president of the senate; and one 28 member to be appointed by the speaker of the assembly. Members shall be 29 appointed based upon their professional expertise, knowledge and experi- 30 ence in the area of child protective services. The advisory council 31 shall be broadly representative of programs and services offered in 32 connection with the provision of child protective services, advocacy 33 groups and community members. 34 (2) Members of the council shall be appointed prior to the commence- 35 ment of the demonstration program. The council shall advise and assist 36 the county of Westchester in developing plans, policies and procedures 37 relating to the conduct of the dual track child protective services 38 demonstration program authorized in this section. The council shall 39 undertake its duties as soon as practicable after appointment of the 40 members so as to ensure its early intervention in assessing and advising 41 with respect to the demonstration program. The council may consider any 42 matter relating to improving the demonstration program and shall advise 43 the county of Westchester and the office of children and family services 44 on such matters. 45 2. (a) The commissioner of the office of children and family services 46 shall develop an application format to be submitted by the county of 47 Westchester. The commissioner of the office of children and family 48 services shall permit the district broad discretion in planning and 49 implementing its dual track demonstration program. 50 (b) In addition to such other information as the commissioner of the 51 office of children and family services shall require to be included 52 within the application format, the application format shall contain the 53 following information: 54 (1) in conjunction with the office of children and family services 55 requirements and the provisions of this section, the factors to be 56 considered by the social services district in determining which casesA. 4228 3 1 will be addressed through the family assessment and services track, the 2 size of the population and the geographic area to be the subject of the 3 demonstration program; 4 (2) the types of services and interventions to be provided to families 5 included in the family assessment and services track and a description 6 of how the services will be offered; 7 (3) a description of the process to be followed for planning and moni- 8 toring the services provided under the family assessment and services 9 track; 10 (4) a description of how the principles of family involvement and 11 support consistent with maintaining the safety of the child will be 12 implemented in the family assessment and services track; 13 (5) a description of how the dual track response system will enhance 14 the ability of the district to protect children, maintain the safety of 15 children and preserve families; 16 (6) a description of how the district will reduce the involvement of 17 government agencies with families and maintain the safety of children 18 through the use of community resources; 19 (7) a description of the staff resources proposed to be used in the 20 family assessment and services track, including the proposed staff work- 21 loads and qualifications; 22 (8) a description of the training that will be provided to district 23 and any non-district staff to be used in the demonstration program 24 including, but not limited to, a description of the training involving 25 maintaining the safety and well-being of children; 26 (9) a description of the community resources that are proposed to be 27 used in the family assessment and services track; and 28 (10) a description of any additional funding that may be utilized to 29 enhance the demonstration program. 30 3. The criteria for determining which cases may be placed in the 31 assessment track under the demonstration program shall be determined by 32 the local department of social services, in conjunction with the office 33 of children and family services. Provided, however, that reports includ- 34 ing any of the following allegations shall never be included in the 35 assessment track of a demonstration program: 36 (a) reports alleging that the subject committed or allowed to be 37 committed an offense defined in article one hundred thirty of the penal 38 law; 39 (b) reports alleging that the subject allowed, permitted or encouraged 40 a child to engage in any act described in sections 230.25, 230.30 and 41 230.32 of the penal law; 42 (c) reports alleging that the subject committed any of the acts 43 described in section 255.25 of the penal law; 44 (d) reports alleging that the subject allowed a child to engage in 45 acts or conduct described in article two hundred sixty-three of the 46 penal law; 47 (e) reports alleging that the subject committed assault in the first, 48 second or third degree against a child; 49 (f) reports alleging that the subject committed or attempted to commit 50 murder or manslaughter in the first or second degree; 51 (g) reports alleging that the subject abandoned a child pursuant to 52 subdivision five of section three hundred eighty-four-b of this article; 53 (h) reports alleging that the subject has subjected a child to severe 54 or repeated abuse as those terms are defined in paragraphs (a) and (b) 55 of subdivision eight of section three hundred eighty-four-b of this 56 article; andA. 4228 4 1 (i) reports alleging that the subject has neglected a child so as to 2 substantially endanger the child's physical or mental health, including 3 a growth delay, which may be referred to as failure to thrive, that has 4 been diagnosed by a physician and is due to parental neglect. 5 4. The following procedures shall be followed for all cases included 6 in the family assessment and services track: 7 (a) Reports taken at the statewide central register of child abuse and 8 maltreatment shall be transmitted to the district. 9 (b) The district shall, consistent with the criteria developed pursu- 10 ant to subdivision three of this section, identify those reports which 11 are initially eligible to be included in the family assessment and 12 services track. 13 (c) For those reports which are included in the family assessment and 14 services track, the social services district shall not be subject to the 15 requirements of this title concerning initial investigation of reports 16 of suspected abuse and maltreatment of children, including notification 17 requirements. For reports assigned to the family assessment and 18 services track, the social services district shall be responsible for 19 ensuring that the children are safe in their homes. Such safety check 20 shall be commenced within twenty-four hours of receipt of the report and 21 completed within seven days. Based on the initial safety check, the 22 district shall determine if the report shall continue under the demon- 23 stration program. This safety check must be documented in the manner 24 specified by the office of children and family services. Should the 25 children be found to be safe in the home, the social services district 26 shall then identify service needs and family issues, if any, that should 27 be addressed. 28 (1) Where the social services district determines, based on the 29 initial safety check, that the report is appropriate to be included in 30 the family assessment and services track, the social services district 31 shall document the reason for that determination in the initial safety 32 check and inform the statewide central register of child abuse and 33 maltreatment that the report is part of the family assessment and 34 services track and request that the records of the statewide central 35 register of child abuse and maltreatment of such report be classified as 36 an assessment track case and be legally sealed in accordance with the 37 provisions of subdivision five of section four hundred twenty-two of 38 this title. Such sealed reports shall be maintained at the statewide 39 central register of child abuse and maltreatment for ten years after the 40 report was made. 41 (2) Where the social services district determines, based on the 42 initial safety check, to investigate the report as a report of suspected 43 child abuse or maltreatment, the social services district shall document 44 the reason for that decision in the initial safety check. Where the 45 social services district makes the determination to investigate the 46 report, all of the requirements of this title concerning investigations 47 of reports of suspected child abuse and maltreatment shall apply, 48 including the notification requirements. The report shall no longer be 49 eligible to be included in the family assessment and services track. 50 (d) Where the social services district has determined that a case is 51 appropriate to be included in the family assessment and services track, 52 the district's activities shall include, at a minimum, the following: 53 (1) the provision of written notice to each parent, guardian or other 54 person legally responsible for the child or children participating in 55 the family assessment and services track explaining that it is the 56 intent of the social services district to meet the needs of the familyA. 4228 5 1 without engaging in a traditional child protective services investi- 2 gation. The notice shall also explain that the workers assisting the 3 family in the family assessment and services track are mandated repor- 4 ters who are required to report suspected child abuse or maltreatment 5 and that those workers may be required to report new information that 6 they receive in their work with the family if that information gives 7 them reasonable cause to suspect that a child in the family is an abused 8 or maltreated child; 9 (2) an examination, with the family, of the family's strengths, 10 concerns and needs; 11 (3) where appropriate, an offer of assistance which shall include case 12 management that is supportive of family stabilization; 13 (4) the planning and provision of services responsive to the service 14 needs of the family; and 15 (5) an on-going joint evaluation and assessment of the family's 16 progress. 17 (e) After the social services district has received a report of 18 suspected maltreatment and determined that the report is initially 19 eligible to be included in the family assessment and services track, 20 pursuant to paragraph (b) of this subdivision, the activities described 21 in paragraphs (c) and (d) of this subdivision may be performed by the 22 social services district directly or through any other method currently 23 utilized by social services districts to obtain preventive services for 24 children and families. If a community-based agency determines, pursuant 25 to subparagraph two of paragraph (c) of this subdivision, that a report 26 must be investigated as a case of suspected child abuse or maltreatment, 27 the community-based agency shall so inform the social services district, 28 which shall then become responsible for conducting the child protective 29 services investigation in accordance with the requirements of this 30 title. 31 (f) A report selected for inclusion in the family assessment and 32 services track shall cease to be eligible for inclusion in such track if 33 at any time in the course of providing services the district or communi- 34 ty-based agency finds that: 35 (1) there is evidence of any of the acts listed in paragraphs (a) 36 through (i) of subdivision three of this section; or 37 (2) the parent or parents refuse to cooperate with the district or 38 community-based agency in developing or implementing a plan to address 39 the family problems or issues and a worker assisting the family in the 40 family assessment and services track has reasonable cause to suspect 41 that a child in the family is an abused or maltreated child. 42 (g) Where the district finds or is advised by a community-based agen- 43 cy, subsequent to the completion of the initial safety check, that the 44 report is not appropriate to continue in the family assessment and 45 services track pursuant to paragraph (f) of this subdivision, the 46 district shall contact the statewide central register of child abuse and 47 maltreatment and make a new report of suspected child abuse or maltreat- 48 ment. 49 (h) In any case where a report has been assigned to the investigatory 50 track, but after such initial assignment the district or a service 51 provider determines that because of any information it receives during 52 the investigation, or during the provision of care and services, that 53 such report should be removed and placed in the family assessment and 54 services track, the district shall so notify the statewide central 55 register of child abuse and maltreatment that it is now considering such 56 report as part of the family assessment and services track, and isA. 4228 6 1 making a report to such register as if such report were initially to be 2 included in the family assessment and services track. 3 (i) Where a report has been included in the family assessment and 4 services track and a subsequent report involving the family is made to 5 the statewide central register of child abuse and maltreatment, and such 6 subsequent report is not eligible for inclusion in the family assessment 7 and services track, the local child protective services, in conducting 8 its investigation, shall work cooperatively with any district or commu- 9 nity-based agency staff that are already working with the family to 10 minimize to the extent practicable the chance that existing services 11 being provided to the family will be disrupted and to maximize to the 12 extent practicable the coordination of the existing services being 13 provided to the family with any new services to be provided to the fami- 14 ly. 15 (j) The district shall include in the training of employees charged 16 with making any of the referrals to, and investigations or assessments 17 in either of the two tracks techniques to identify instances where, 18 although reports were initially assigned to the family assessment and 19 services track subsequent information derived from such assessment rais- 20 es the possibility that unlawful or other inappropriate activities or 21 behavior may be present and would warrant referral to the investigatory 22 track and instances where, although reports were initially assigned to 23 the investigatory track, subsequent information derived from such inves- 24 tigation warrants a less intrusive and more service oriented approach. 25 (k) Any record or report or other documentation made in connection 26 with the conduct or operation of the family assessment and services 27 track by the district shall be deemed confidential and shall not be 28 disclosed, except to the office of children and family services, the 29 district, any provider of services acting by or on behalf of the 30 district and any social services district investigating a subsequent 31 report of abuse or maltreatment involving the same subject or the same 32 child or children named in the report initiating the family assessment 33 and services track case. Nothing contained in this paragraph shall 34 prohibit the office of children and family services or the local 35 district from publishing a statistical analysis or other report or 36 documentation, with identifying information removed, summarizing the 37 effectiveness of the dual track system created in this section. 38 (l) No person or provider of services shall suffer any liability where 39 such person or provider reasonably concludes, based on the results of 40 investigation or information gathered in providing services, that such a 41 referral from one track to another may be required by law. 42 5. Any expenditure made by the district in complying with and carrying 43 out the provisions of this section shall be subject to reimbursement by 44 the state in the same manner as expenditures for child protective 45 services investigations and may be supported by such other funding 46 sources as are appropriate including, but not limited to, preventive 47 services provided pursuant to section four hundred nine-a of this arti- 48 cle and independent living services. Nothing shall preclude the district 49 from seeking private funds for the support of the demonstration program. 50 6. (a) In conducting the demonstration program, the provisions of 51 sections four hundred nine-e and four hundred nine-f of this article 52 shall not be applicable to the district. 53 (b) All records created as part of the family assessment and services 54 track shall include, but not be limited to, documentation of the initial 55 safety check, the examination of the family's strengths, concerns and 56 needs, all services offered and accepted by the family, the plan forA. 4228 7 1 supportive services for the family, and all evaluations and assessments 2 of the family's progress. 3 (c) Records created under the family assessment and services track 4 shall be maintained for ten years after the date of the initial report 5 to the statewide register of child abuse and maltreatment. 6 § 4. Severability clause. If any clause, sentence, paragraph, subdivi- 7 sion, section or part of this act shall be adjudged by any court of 8 competent jurisdiction to be invalid, such judgment shall not affect, 9 impair or invalidate the remainder thereof, but shall be confined in its 10 operation to the clause, sentence, paragraph, subdivision, section or 11 part thereof directly involved in the controversy in which such judgment 12 shall have been rendered. It is hereby declared to be the intent of the 13 legislature that this act would have been enacted even if such invalid 14 provisions had not been included herein. 15 § 5. This act shall take effect immediately and shall expire and be 16 deemed repealed July 2, 2024.
