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See Bill Text
A00313 Summary:SAME AS Same as S 1574-A
SPONSOR Paulin
COSPNSR Lavelle, McEneny, John
MLTSPNSR Alfano
Add S427-a, Soc Serv L
Enacts the "Dual Track Response Demonstration Project"; the project is designed
to minimize the adversarial relationship that results from the initiation of a
child protective investigation and substitute a service-based approach in less
serious cases of child abuse or maltreatment; serious cases of child abuse and
neglect would still be subject to a full-fledged CPS investigation; provides
that seven social services districts be selected to participate in the
demonstration project; delineates the procedure to be followed by the social
services district when implementing the provisions of the project.
A00313 Actions:01/10/2005 referred to children and families
05/17/2005 amend and recommit to children and families
05/17/2005 print number 313a
06/15/2005 reported referred to codes
06/16/2005 reported referred to ways and means
06/16/2005 reported referred to rules
06/16/2005 reported
06/20/2005 rules report cal.495
06/20/2005 substituted by s1574a
S01574A AMEND= RATH
01/31/2005 REFERRED TO SOCIAL SERVICES, CHILDREN AND FAMILIES
05/17/2005 AMEND AND RECOMMIT TO SOCIAL SERVICES, CHILDREN AND FAMIL
05/17/2005 PRINT NUMBER 1574A
05/24/2005 REPORTED AND COMMITTED TO FINANCE
06/01/2005 REPORTED AND COMMITTED TO RULES
06/15/2005 ORDERED TO THIRD READING CAL.1489
06/15/2005 PASSED SENATE
06/15/2005 DELIVERED TO ASSEMBLY
06/15/2005 referred to codes
06/20/2005 substituted for a313a
06/20/2005 ordered to third reading rules cal.495
06/20/2005 passed assembly
06/20/2005 returned to senate
07/21/2005 DELIVERED TO GOVERNOR
08/02/2005 VETOED MEMO.43
A00313 Votes:
A00313 Memo:TITLE OF BILL: An act to amend the social services law, in relation
to establishing a demonstration project implementing a dual track
child protective services system; and providing for the repeal of such
provisions upon expiration thereof
PURPOSE OR GENERAL IDEA OF BILL:; This bill would create an innovative
program for the delivery of child welfare services by localities.
SUMMARY OF SPECIFIC PROVISIONS: Section one would cite the title of
the bill as the "Dual Track Response Demonstration Project."
Section two would add a new S427 -a to the Social Services Law (SSL)
to establish the Dual Track Demonstration Project (the project).
Subdivision one of section two provides that the office of children
and family services (OCFS) is authorized to test the effectiveness of
establishing a dual track child protective response system. This
system would be an alternative to the current system which
investigates allegations of child abuse and maltreatment. This project
would only apply to cases that are expressly included in the family
assessment and services track and only in those social services
districts permitted by OCFS and family services to participate in the
project. Cases in the project shall not be subject to the requirements
that apply to cases reported to the statewide central register of
child abuse and maltreatment except as specified in this section.
Subdivision two of section two provides that any social services
district may, with the permission of OCFS, participate in the project
by applying to OCFS. OCFS may approve up to seven demonstration
projects. The criteria for a social services district to participate
in the project will be determined by OCFS in collaboration with the
office for the prevention of domestic violence. However, the social
services application must include a plan setting forth the following:
(a) the factors being considered by the social services district in
determining which cases will be addressed and the size of the
population to be subject to the project; (b) the types of services and
interventions to be provided and a description of how they will be
offered; (c) a description of the process to be followed for planning
and monitoring the services provided; (d) a description of how the
principles of family involvement and support, that are consistent with
the safety of the child, will be implemented (e) a description of how
the dual track response system will enhance the ability of the
district to protect children, maintain the safety of children and
preserve families; (f) a description of how the district will reduce
the involvement of government agencies and maintain the safety of
children through community resources; (g) a description of the
proposed staff, their work loads and qualifications; (h) a description
of the training that will be provided to staff; (j) a description of
the proposed community resources to be used; (j) a description of any
additional funding to be used to enhance the project; and (k) a
description of the protocol to be followed for handling cases where
domestic violence is present in order to maintain the safety of the
child.
Subdivision three of section two of the bill provides that local
social service districts in conjunction with OCFS and the office for
the prevention of domestic violence shall determine the criteria for
which cases may be placed in the assessment track under the project
provided that reports including certain allegations defined in the
bill never be included in the assessment track of the project.
Subdivision four of section two determines the procedures to be
followed for all cases included in the family assessment and services
track. The procedures include but are not limited to requiring the
local social services district to ensure that the children are safe in
their homes and that such safety check shall commence within
twenty-four hours of receipt of the report and be completed within
seven days. The safely check shall be documented in the manner
specified by OCFS. Should the children be found to be safe in the
home, the social services district shall then identify service needs
and family issues, if any, to be addressed. Based on the initial
safety check, the social services district shall determine whether the
report is appropriate to be included in the family assessment and
services track or to investigate the report as a report of suspected
child abuse or maltreatment. Where the social services district
determines that a report is eligible to be classified as an assessment
track case, they shall request that the statewide central register
(SCR) legally seal such report. Such sealed report shall be maintained
at the statewide central registry for ten years after the report was
made. Where a case is appropriate to be included in the family
services and assessment track, the districts minimal activities are
outlined. Such activities include giving notice to whoever is legally
responsible for the child or children. (f) provides that a report
selected to be included in the assessment and services track shall
cease to be eligible for such track should certain enumerated events
occur. (h) provides that should a report that has been assigned to the
investigatory track is determined to be eligible for the assessment
and services track then the case may be moved to the assessment and
services track. Provisions are set forth for reports that are in the
assessment and services track where a subsequent report involving the
family is made to the SCR and such report is not eligible for
inclusion in the family assessment and services track.
Subdivision five of section two provides that cases included in the
family assessment and services track shall not be subject to the
certain requirements of this article. Requirements pertaining to
records created as part of the family assessment and services track
are outlined.
Subdivision six of section two provides that expenditures by a social
services district under the demonstration project shall be
reimbursable from the annual appropriations available for social
services district expenditures for child welfare services. Such
services include, but are not limited to, preventive services, child
protective services and independent living services. Nothing shall
prevent a social services district from seeking private funds for
support of their project.
Subdivision seven of section two provides that OCFS shall post the
plan contained in any application approved for participation in the
demonstration project on the OCFS website within sixty days of such
approval.
Subdivision eight of section two provides that OCFS shall complete a
report evaluating the implementation. impact, cost effectiveness of
the demonstration project and assess certain outlined areas. Such
report shall recommend whether or not to continue the provisions of
this section for the demonstration sites and other sites in New York
state. Such report shall be submitted to the governor and the
legislature no later than January 1, 2009.
Section three defines the effective date.
EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER: Title 6 of
Article 6 of the SSL provides for the investigation and determination
of reports of suspected child abuse and maltreatment. Although the
offer and provision of appropriate services is part of the child
protective process, the statute focuses primarily on the investigation
of reports, the determination of whether the allegations of the
reports ,are substantiated or not, and the consequences thereof. This
bill would add a new S427-a to Title 6 of Article 6 of the social
services law to set forth the provisions associated with the
establishment of the dual track. demonstration project.
JUSTIFICATION: Traditionally, CPS is required to respond to reports of
child abuse and maltreatment with a standard investigation that is
narrowly focused on determining whether a specific incident of abuse
actually occurred and if the child is at risk- When confronted with a
child abuse or maltreatment investigation, families are thrust into an
environment that is both adversarial and defensive. The focus of the
CPS system on investigation of abuse and maltreatment has created an
environment that, for many families, casts suspicion over any offer of
services or service referrals.
"Parents speak of their encounters with the CPS agency as though they
were speaking of law enforcement. Classes on how to be a good parent
are referred to as probation, while a complaint filed with the child
abuse register is likened to have a record that can haunt one later."
Somini Sengupta, PARENTS IN POOR NEIGHBORHOODS WARY OF CHILD WELFARE
AGENCY, N.Y. limes, May 31, 2000. That fear and distrust generated by
the specter of a CPS investigation may keep parents who are struggling
with the day to day care of their children from reaching out for help
to the agency designed to provide those services.
Across the country, there has been a growing realization that many
families reported to child abuse and maltreatment "hotlines" are not
provided the kinds of help that may prevent future abuse or
maltreatment. Increasingly, states have turned their attentions to
investing in services rather than investigations in situations
involving certain, limited allegations of neglect. From Missouri to
Florida to Hawaii, states are piloting new approaches, in addition to
the traditional investigative approach. The rationale employed by OCFS
and other states in creating a dual track response to reports of child
abuse or maltreatment stems from the findings of a national study
supported by the National Council of Child Welfare administrators,
which found that the majority of reports to CPS go unserved. The
consequences have not been well documented, however, academics and
practitioners alike have raised concerns that these unserved cases
frequently appear in subsequent reports in which similar or
allegations that are more serious are made. The innovative approaches
many states are now exploring all involve flexible responses to
reports of child abuse and neglect, assessment of family needs and
strengthening of community involvement. Williams & Ramirez-Fry, A NEW
LOOK AT CHILD PROTECTION, State Legislatures Magazine, December 1999.
This demonstration project explores a non-investigative,
non-adversarial, service-oriented approach to deal with certain family
services matters presently addressed as cases of child maltreatment.
Integral to this approach is its focus on both child safety and family
engagement. A thorough exploration of family strengths and need for
services provides services responsive to the family`s needs more
efficiently and effectively- While services are being provided,
service providers familiar with the family constantly assess the
child`s safety. At any time, the case can be returned to the CPS
track, if appropriate. The goal of the project is to identify those
families where services and support are needed and through the family
centered approach strengthen families. rather than assessing blame,
without jeopardizing the safety of children. Rather, children`s safety
in their own homes will be enhanced, by providing an avenue for their
families to access services needed without fearing the effects of a
CPS investigation.
PRIOR LEGISLATIVE HISTORY: 2004: A.11516 - Referred to rules. 2003:
A.5315-8 (Green) - Veto Message
146. 2002: A.1063-A (Green) - Advanced to Third Reading Rules
Calendar.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: No cost to
state.
EFFECTIVE DATE: Immediately, and to expire on June 1, 2009 when upon
such date the provisions of this act shall be deemed repealed.
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