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.