Bill Text: NY S04927 | 2009-2010 | General Assembly | Amended


Bill Title: Establishes the community services response program; requires the office of children and family services to establish community services response teams across the state; requires school districts to report educational concern and educational neglect to the applicable community services response team.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-04-16 - PRINT NUMBER 4927A [S04927 Detail]

Download: New_York-2009-S04927-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4927--A
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                    April 27, 2009
                                      ___________
       Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
         when printed to be committed to the Committee on Children and Families
         -- recommitted to the Committee on Children and Families in accordance
         with Senate Rule 6, sec. 8  --  committee  discharged,  bill  amended,
         ordered reprinted as amended and recommitted to said committee
       AN  ACT to amend the social services law, in relation to the creation of
         community services response teams; and to amend the education law,  in
         relation to the reporting of educational absences
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  The social services law is amended by adding a new section
    2  413-a to read as follows:
    3    S 413-A. COMMUNITY SERVICES RESPONSE TEAM.  1. THERE IS HEREBY  ESTAB-
    4  LISHED  UNDER THE AUSPICES OF THE OFFICE OF CHILDREN AND FAMILY SERVICES
    5  A PROGRAM TO BE KNOWN AS THE COMMUNITY SERVICES  RESPONSE  PROGRAM.  THE
    6  GOAL  OF THE PROGRAM IS TO ASSIST CHILDREN AND THEIR FAMILIES BY SUPPLY-
    7  ING THEM WITH ACCESS TO NECESSARY SUPPLIES, SUPPORTS AND SERVICES.
    8    2. (A) THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL ESTABLISH FIVE
    9  COMMUNITY SERVICES RESPONSE TEAMS ACROSS THE STATE.
   10    (B) THE COMMUNITY SERVICES RESPONSE TEAM SHALL CONSIST OF  A  TEAM  OF
   11  INDIVIDUALS THAT PROVIDES ASSISTANCE IN ACCESSING SUPPLIES, SUPPORTS AND
   12  SERVICES,  IN COLLABORATION WITH OTHER COMMUNITY ORGANIZATIONS, TO FAMI-
   13  LIES IN NEED.
   14    (C) EACH COMMUNITY SERVICES RESPONSE TEAM SHALL CONSIST  OF  AT  LEAST
   15  TWO OF EACH OF THE FOLLOWING INDIVIDUALS:
   16    (I) CASE MANAGERS FROM LOCAL COMMUNITY SERVICE AGENCIES;
   17    (II) MEMBERS OF THE LOCAL LAW ENFORCEMENT;
   18    (III) TEACHERS OR GUIDANCE COUNSELORS FROM THE LOCAL SCHOOL DISTRICT;
   19    (IV) COMMUNITY MENTAL HEALTH PROVIDERS;
   20    (V) SUBSTANCE ABUSE COUNSELORS;
   21    (VI) COMMUNITY HEALTH PROFESSIONALS; AND
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01854-02-0
       S. 4927--A                          2
    1    (VII) DOMESTIC VIOLENCE COUNSELORS.
    2    3.  THE  REFERRALS  AND  SERVICES  PROVIDED  BY THE COMMUNITY SERVICES
    3  RESPONSE TEAM SHALL INCLUDE, BUT NOT BE LIMITED TO:
    4    (A) MENTAL HEALTH SERVICES;
    5    (B) MEDICAL SERVICES;
    6    (C) EMPLOYMENT SERVICES;
    7    (D) FOOD SECURITY;
    8    (E) CLOTHING;
    9    (F) SOCIAL SERVICES;
   10    (G) HOUSING ASSISTANCE;
   11    (H) ADDITIONAL EDUCATIONAL RESOURCES; AND
   12    (I) DOMESTIC VIOLENCE PREVENTION SERVICES.
   13    4. A LOCAL  SCHOOL  DISTRICT,  LOCATED  IN  A  LOCAL  SOCIAL  SERVICES
   14  DISTRICT  OR  LOCALITY  DESIGNATED  BY THE OFFICE OF CHILDREN AND FAMILY
   15  SERVICES TO HAVE A COMMUNITY SERVICES RESPONSE TEAM, SHALL DESIGNATE  AN
   16  EMPLOYEE OF SUCH SCHOOL DISTRICT WHO SHALL BE RESPONSIBLE FOR CONTACTING
   17  MEMBERS  OF  THE COMMUNITY SERVICES RESPONSE TEAM REGARDING INSTANCES OF
   18  EDUCATIONAL CONCERN, AS DEFINED UNDER SUBDIVISION TWO OF  SECTION  THIR-
   19  TY-TWO  HUNDRED  ELEVEN-B  OF  THE  EDUCATION  LAW,  WHEN SUCH CALLS ARE
   20  REQUIRED PURSUANT TO SUBDIVISION ONE OF SECTION THIRTY-TWO HUNDRED ELEV-
   21  EN OF THE EDUCATION LAW. THE COMMUNITY SERVICES RESPONSE TEAM  SHALL  BE
   22  RESPONSIBLE  FOR  ASSESSING  THE  CIRCUMSTANCES  REGARDING  INSTANCES OF
   23  EDUCATIONAL CONCERN AND REVIEWING  THE  SITUATION  THAT  EXISTS  IN  THE
   24  CHILD'S  LIFE  AND/OR  HOUSEHOLD.  THE  COMMUNITY SERVICES RESPONSE TEAM
   25  SHALL DISPATCH A SUB-TEAM MADE  UP  OF  TWO  MEMBERS  OF  THE  COMMUNITY
   26  SERVICES RESPONSE TEAM TO THE CHILD'S HOME.
   27    5.  UPON REVIEW OF THE SITUATION, THE SUB-TEAM SHALL ISSUE AN ORAL AND
   28  WRITTEN REPORT TO THE COMMUNITY SERVICES RESPONSE TEAM. AFTER REVIEW  OF
   29  SUCH  REPORTS,  THE  COMMUNITY  SERVICES RESPONSE TEAM MAY TAKE WHATEVER
   30  ADDITIONAL ACTIONS THEY DEEM APPROPRIATE IN ACCORDANCE WITH THE APPLICA-
   31  BLE PROVISIONS OF LAW INCLUDING, BUT NOT  LIMITED  TO,  CONSULTING  WITH
   32  CHILD  PROTECTIVE SERVICES, MENTAL HEALTH PROFESSIONALS, MEDICAL PROFES-
   33  SIONALS, OR LAW ENFORCEMENT OFFICERS TO  ASSIST  THE  CHILD  AND/OR  THE
   34  CHILD'S   FAMILY   IN  OBTAINING  NECESSARY  SUPPLIES,  SUPPORTS  AND/OR
   35  SERVICES. ONE OR MORE MEMBERS OF THE COMMUNITY  SERVICES  RESPONSE  TEAM
   36  SHALL  BE RESPONSIBLE FOR NOTIFYING THE LOCAL SCHOOL DISTRICT OF ACTIONS
   37  TAKEN AND OUTCOMES ACHIEVED FOR THE CHILD AND/OR THE CHILD'S FAMILY.
   38    S 2. The education law is amended by adding a new  section  3211-b  to
   39  read as follows:
   40    S  3211-B. REPORTING OF EDUCATIONAL ABSENCES. 1. EVERY SCHOOL DISTRICT
   41  SHALL REVIEW THE ATTENDANCE RECORDS OF EACH SCHOOL ON A QUARTERLY BASIS.
   42  UPON SUCH REVIEW, THE  SCHOOL  DISTRICT  SHALL  CONTACT  THE  APPLICABLE
   43  COMMUNITY  SERVICES  RESPONSE TEAM, IF ONE EXISTS IN THE SOCIAL SERVICES
   44  DISTRICT OR LOCALITY WHERE THE SCHOOL DISTRICT IS LOCATED, REGARDING ANY
   45  CHILD WHO HAS BEEN THE SUBJECT OF EDUCATIONAL CONCERN.
   46    2. FOR THE PURPOSES OF THIS SECTION, EDUCATIONAL CONCERN SHALL BE WHEN
   47  A CHILD HAS A THIRD UNEXCUSED ABSENCE FROM SCHOOL DURING  ANY  MONTH  OR
   48  HAS  TEN  ABSENCES, EXCUSED OR UNEXCUSED, DURING ANY SCHOOL YEAR, ABSENT
   49  ANY EXTENUATING CIRCUMSTANCES, PROVIDED,  HOWEVER  THAT  THE  NUMBER  OF
   50  ABSENCES  IS  LESS  THAN THE NUMBER NECESSARY FOR EDUCATIONAL NEGLECT AS
   51  DEFINED BY THE SCHOOL DISTRICT.
   52    S 3. The commissioner of the office of children  and  family  services
   53  shall designate five counties throughout the state to participate in the
   54  community services response program, provided, however that at least one
   55  community  services  response team shall be located within Kings county.
   56  The local social services districts which represent the  selected  coun-
       S. 4927--A                          3
    1  ties,  in  cooperation  with the local school districts, shall implement
    2  the program pursuant to section 413-a of the social  services  law.  The
    3  programs  shall  commence  on  December  1,  2010.  Two  years after the
    4  programs have been in existence, the commissioner of children and family
    5  services  shall report to the legislature regarding the effectiveness of
    6  the program. The commissioner's report shall include statistical data on
    7  the amount of services referred or provided by  the  community  services
    8  response  teams  to  the  local  children and their families, as well as
    9  recommendations by the commissioner on whether  the  program  should  be
   10  terminated,  continued, or extended to all child advocacy centers state-
   11  wide.
   12    S 4. Nothing in this act shall be construed  to  alleviate  the  legal
   13  responsibility  of  a  person  designated  in  section 413 of the social
   14  services law to make a call to the statewide central register  of  child
   15  abuse  and maltreatment, if such call would otherwise be required pursu-
   16  ant to section 413 of the social services law.
   17    S 5. This act shall take effect on the one hundred eightieth day after
   18  it shall have become a law.  Effective immediately, the addition, amend-
   19  ment and/or repeal of any rule or regulation necessary for the implemen-
   20  tation of this act on its effective date are authorized to be  made  and
   21  completed  by  the  commissioner  of  the  office of children and family
   22  services on or before such effective date.
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