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See Bill Summary
S T A T E O F N E W Y O R K
________________________________________________________________________
313--A
2005-2006 Regular Sessions
I N A S S E M B L Y
January 10, 2005
___________
Introduced by M. of A. PAULIN, LAVELLE, McENENY, JOHN -- Multi-Sponsored
by -- M. of A. ALFANO -- read once and referred to the Committee on
Children and Families -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
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
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "Dual Track Response Demonstration Project".
3 S 2. The social services law is amended by adding a new section 427-a
4 to read as follows:
5 S 427-A. DUAL TRACK DEMONSTRATION PROJECT. 1. THE OFFICE OF CHILDREN
6 AND FAMILY SERVICES IS AUTHORIZED TO CONDUCT A DEMONSTRATION PROJECT TO
7 TEST THE EFFECTIVENESS OF ESTABLISHING A DUAL TRACK CHILD PROTECTIVE
8 RESPONSE SYSTEM. THIS SYSTEM WOULD BE ESTABLISHED AS AN ALTERNATIVE
9 MEANS OF ADDRESSING CERTAIN MATTERS CURRENTLY INVESTIGATED AS ALLEGA-
10 TIONS OF CHILD ABUSE OR MALTREATMENT PURSUANT TO THIS TITLE. NOTWITH-
11 STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE PROVISIONS OF
12 THIS SECTION WILL APPLY ONLY TO THOSE CASES INVOLVING ALLEGATIONS OF
13 ABUSE OR MALTREATMENT IN FAMILY SETTINGS EXPRESSLY INCLUDED IN THE FAMI-
14 LY ASSESSMENT AND SERVICES TRACK, AND ONLY IN THOSE SOCIAL SERVICES
15 DISTRICTS PERMITTED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES TO
16 PARTICIPATE IN THE DEMONSTRATION PROJECT. SUCH CASES SHALL NOT BE
17 SUBJECT TO THE REQUIREMENTS OTHERWISE APPLICABLE TO CASES REPORTED TO
18 THE STATEWIDE CENTRAL REGISTER OF CHILD ABUSE AND MALTREATMENT PURSUANT
19 TO THIS TITLE, EXCEPT AS SET FORTH IN THIS SECTION.
20 2. ANY SOCIAL SERVICES DISTRICT MAY, WITH THE PERMISSION OF THE OFFICE
21 OF CHILDREN AND FAMILY SERVICES, PARTICIPATE IN THE DUAL TRACK RESPONSE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD01276-02-5
A. 313--A 2
1 DEMONSTRATION PROJECT. THE OFFICE OF CHILDREN AND FAMILY SERVICES MAY
2 APPROVE UP TO SEVEN DEMONSTRATION PROJECTS PURSUANT TO THIS SECTION.
3 ANY SOCIAL SERVICES DISTRICT INTERESTED IN PARTICIPATING MUST APPLY TO
4 THE OFFICE OF CHILDREN AND FAMILY SERVICES FOR PERMISSION TO PARTIC-
5 IPATE. THE CRITERIA FOR A SOCIAL SERVICES DISTRICT TO PARTICIPATE WILL
6 BE DETERMINED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES IN COLLAB-
7 ORATION WITH THE OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE, HOWEVER
8 THE SOCIAL SERVICES DISTRICT`S APPLICATION MUST INCLUDE A PLAN SETTING
9 FORTH THE FOLLOWING:
10 (A) IN CONJUNCTION WITH ANY ADDITIONAL REQUIREMENTS IMPOSED BY THE
11 OFFICE OF CHILDREN AND FAMILY SERVICES AND THE PROVISIONS OF THIS PARA-
12 GRAPH AND IN CONSULTATION WITH THE OFFICE FOR THE PREVENTION OF DOMESTIC
13 VIOLENCE, THE FACTORS TO BE CONSIDERED BY THE SOCIAL SERVICES DISTRICT
14 IN DETERMINING WHICH CASES WILL BE ADDRESSED THROUGH THE FAMILY ASSESS-
15 MENT AND SERVICES TRACK AND THE SIZE OF THE POPULATION TO BE THE SUBJECT
16 OF THE DEMONSTRATION PROJECT;
17 (B) THE TYPES OF SERVICES AND INTERVENTIONS TO BE PROVIDED TO FAMILIES
18 INCLUDED IN THE FAMILY ASSESSMENT AND SERVICES TRACK AND A DESCRIPTION
19 OF HOW THE SERVICES WILL BE OFFERED;
20 (C) A DESCRIPTION OF THE PROCESS TO BE FOLLOWED FOR PLANNING AND MONI-
21 TORING THE SERVICES PROVIDED UNDER THE FAMILY ASSESSMENT AND SERVICES
22 TRACK;
23 (D) A DESCRIPTION OF HOW THE PRINCIPLES OF FAMILY INVOLVEMENT AND
24 SUPPORT CONSISTENT WITH MAINTAINING THE SAFETY OF THE CHILD WILL BE
25 IMPLEMENTED IN THE FAMILY ASSESSMENT AND SERVICES TRACK;
26 (E) A DESCRIPTION OF HOW THE DUAL TRACK RESPONSE SYSTEM WILL ENHANCE
27 THE ABILITY OF THE DISTRICT TO PROTECT CHILDREN, MAINTAIN THE SAFETY OF
28 CHILDREN AND PRESERVE FAMILIES;
29 (F) A DESCRIPTION OF HOW THE DISTRICT WILL REDUCE THE INVOLVEMENT OF
30 GOVERNMENT AGENCIES WITH FAMILIES AND MAINTAIN THE SAFETY OF CHILDREN
31 THROUGH THE USE OF COMMUNITY RESOURCES;
32 (G) A DESCRIPTION OF THE STAFF RESOURCES PROPOSED TO BE USED IN THE
33 FAMILY ASSESSMENT AND SERVICES TRACK, INCLUDING THE PROPOSED STAFF WORK-
34 LOADS AND QUALIFICATIONS;
35 (H) A DESCRIPTION OF THE TRAINING THAT WILL BE PROVIDED TO DISTRICT
36 AND ANY NON-DISTRICT STAFF TO BE USED IN THE DEMONSTRATION PROJECT
37 INCLUDING, BUT NOT LIMITED TO, A DESCRIPTION OF THE TRAINING INVOLVING
38 MAINTAINING THE SAFETY AND WELL-BEING OF CHILDREN;
39 (I) A DESCRIPTION OF THE COMMUNITY RESOURCES THAT ARE PROPOSED TO BE
40 USED IN THE FAMILY ASSESSMENT AND SERVICES TRACK;
41 (J) A DESCRIPTION OF ANY ADDITIONAL FUNDING THAT MAY BE UTILIZED TO
42 ENHANCE THE DEMONSTRATION PROJECT; AND
43 (K) A DESCRIPTION OF THE PROTOCOL TO BE FOLLOWED FOR HANDLING CASES
44 WHERE DOMESTIC VIOLENCE IS PRESENT IN ORDER TO MAINTAIN THE SAFETY OF
45 THE CHILD THROUGH THE FAMILY ASSESSMENT AND SERVICES TRACK.
46 3. THE CRITERIA FOR DETERMINING WHICH CASES MAY BE PLACED IN THE
47 ASSESSMENT TRACK UNDER THE DEMONSTRATION PROJECT SHALL BE DETERMINED BY
48 THE LOCAL DEPARTMENT OF SOCIAL SERVICES, IN CONJUNCTION WITH THE OFFICE
49 OF CHILDREN AND FAMILY SERVICES AND THE OFFICE FOR THE PREVENTION OF
50 DOMESTIC VIOLENCE. PROVIDED, HOWEVER, THAT REPORTS INCLUDING ANY OF THE
51 FOLLOWING ALLEGATIONS SHALL NEVER BE INCLUDED IN THE ASSESSMENT TRACK OF
52 A DEMONSTRATION PROJECT:
53 (A) REPORTS ALLEGING THAT THE SUBJECT COMMITTED OR ALLOWED TO BE
54 COMMITTED AN OFFENSE DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE PENAL
55 LAW;
A. 313--A 3
1 (B) REPORTS ALLEGING THAT THE SUBJECT ALLOWED, PERMITTED OR ENCOURAGED
2 A CHILD TO ENGAGE IN ANY ACT DESCRIBED IN SECTIONS 230.25, 230.30 AND
3 230.32 OF THE PENAL LAW;
4 (C) REPORTS ALLEGING THAT THE SUBJECT COMMITTED ANY OF THE ACTS
5 DESCRIBED IN SECTION 255.25 OF THE PENAL LAW;
6 (D) REPORTS ALLEGING THAT THE SUBJECT ALLOWED A CHILD TO ENGAGE IN
7 ACTS OR CONDUCT DESCRIBED IN ARTICLE TWO HUNDRED SIXTY-THREE OF THE
8 PENAL LAW;
9 (E) REPORTS ALLEGING THAT THE SUBJECT COMMITTED ASSAULT IN THE FIRST,
10 SECOND OR THIRD DEGREE AGAINST A CHILD;
11 (F) REPORTS ALLEGING THAT THE SUBJECT COMMITTED OR ATTEMPTED TO COMMIT
12 MURDER OR MANSLAUGHTER IN THE FIRST OR SECOND DEGREE;
13 (G) REPORTS ALLEGING THAT THE SUBJECT ABANDONED A CHILD PURSUANT TO
14 SUBDIVISION FIVE OF SECTION THREE HUNDRED EIGHTY-FOUR-B OF THIS ARTICLE;
15 (H) REPORTS ALLEGING THAT THE SUBJECT HAS SUBJECTED A CHILD TO SEVERE
16 OR REPEATED ABUSE AS THOSE TERMS ARE DEFINED IN PARAGRAPHS (A) AND (B)
17 OF SUBDIVISION EIGHT OF SECTION THREE HUNDRED EIGHTY-FOUR-B OF THIS
18 ARTICLE; AND
19 (I) REPORTS ALLEGING THAT THE SUBJECT HAS NEGLECTED A CHILD SO AS TO
20 SUBSTANTIALLY ENDANGER THE CHILD`S PHYSICAL OR MENTAL HEALTH, INCLUDING
21 A GROWTH DELAY, WHICH MAY BE REFERRED TO AS FAILURE TO THRIVE, THAT HAS
22 BEEN DIAGNOSED BY A PHYSICIAN AND IS DUE TO PARENTAL NEGLECT.
23 4. THE FOLLOWING PROCEDURES SHALL BE FOLLOWED FOR ALL CASES INCLUDED
24 IN THE FAMILY ASSESSMENT AND SERVICES TRACK:
25 (A) REPORTS TAKEN AT THE STATEWIDE CENTRAL REGISTER OF CHILD ABUSE AND
26 MALTREATMENT SHALL BE TRANSMITTED TO THE APPROPRIATE LOCAL CHILD PROTEC-
27 TIVE SERVICE.
28 (B) A SOCIAL SERVICES DISTRICT PERMITTED BY THE OFFICE OF CHILDREN AND
29 FAMILY SERVICES TO PARTICIPATE IN THE DEMONSTRATION PROJECT SHALL,
30 CONSISTENT WITH THE CRITERIA DEVELOPED PURSUANT TO SUBDIVISION THREE OF
31 THIS SECTION, IDENTIFY THOSE REPORTS WHICH ARE INITIALLY ELIGIBLE TO BE
32 INCLUDED IN THE FAMILY ASSESSMENT AND SERVICES TRACK.
33 (C) FOR THOSE REPORTS WHICH ARE INCLUDED IN THE FAMILY ASSESSMENT AND
34 SERVICES TRACK, THE SOCIAL SERVICES DISTRICT SHALL NOT BE SUBJECT TO THE
35 REQUIREMENTS OF THIS TITLE CONCERNING INITIAL INVESTIGATION OF REPORTS
36 OF SUSPECTED ABUSE AND MALTREATMENT OF CHILDREN, INCLUDING NOTIFICATION
37 REQUIREMENTS. FOR REPORTS ASSIGNED TO THE FAMILY ASSESSMENT AND
38 SERVICES TRACK, THE SOCIAL SERVICES DISTRICT SHALL BE RESPONSIBLE FOR
39 ENSURING THAT THE CHILDREN ARE SAFE IN THEIR HOMES. SUCH SAFETY CHECK
40 SHALL BE COMMENCED WITHIN TWENTY-FOUR HOURS OF RECEIPT OF THE REPORT AND
41 COMPLETED WITHIN SEVEN DAYS. BASED ON THE INITIAL SAFETY CHECK, THE
42 DISTRICT SHALL DETERMINE IF THE REPORT SHALL CONTINUE UNDER THE FAMILY
43 ASSESSMENT AND SERVICES TRACK. THIS SAFETY CHECK MUST BE DOCUMENTED IN
44 THE MANNER SPECIFIED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES.
45 SHOULD THE CHILDREN BE FOUND TO BE SAFE IN THE HOME, THE SOCIAL SERVICES
46 DISTRICT SHALL THEN IDENTIFY SERVICE NEEDS AND FAMILY ISSUES, IF ANY,
47 THAT SHOULD BE ADDRESSED.
48 (I) WHERE THE SOCIAL SERVICES DISTRICT DETERMINES, BASED ON THE
49 INITIAL SAFETY CHECK, THAT THE REPORT IS APPROPRIATE TO BE INCLUDED IN
50 THE FAMILY ASSESSMENT AND SERVICES TRACK, THE SOCIAL SERVICES DISTRICT
51 SHALL DOCUMENT THE REASON FOR THAT DETERMINATION IN THE INITIAL SAFETY
52 CHECK AND INFORM THE STATEWIDE CENTRAL REGISTER OF CHILD ABUSE AND
53 MALTREATMENT THAT THE REPORT IS PART OF THE FAMILY ASSESSMENT AND
54 SERVICES TRACK AND REQUEST THAT THE RECORDS OF THE STATEWIDE CENTRAL
55 REGISTER OF CHILD ABUSE AND MALTREATMENT OF SUCH REPORT BE CLASSIFIED AS
56 AN ASSESSMENT TRACK CASE AND BE LEGALLY SEALED IN ACCORDANCE WITH THE
A. 313--A 4
1 PROVISIONS OF SUBDIVISION FIVE OF SECTION FOUR HUNDRED TWENTY-TWO OF
2 THIS TITLE. SUCH SEALED REPORTS SHALL BE MAINTAINED AT THE STATEWIDE
3 CENTRAL REGISTER OF CHILD ABUSE AND MALTREATMENT FOR TEN YEARS AFTER THE
4 REPORT WAS MADE.
5 (II) WHERE THE SOCIAL SERVICES DISTRICT DETERMINES, BASED ON THE
6 INITIAL SAFETY CHECK, TO INVESTIGATE THE REPORT AS A REPORT OF SUSPECTED
7 CHILD ABUSE OR MALTREATMENT, THE SOCIAL SERVICES DISTRICT SHALL DOCUMENT
8 THE REASON FOR THAT DECISION IN THE INITIAL SAFETY CHECK. WHERE THE
9 SOCIAL SERVICES DISTRICT MAKES THE DETERMINATION TO INVESTIGATE THE
10 REPORT, ALL OF THE REQUIREMENTS OF THIS TITLE CONCERNING INVESTIGATIONS
11 OF REPORTS OF SUSPECTED CHILD ABUSE AND MALTREATMENT SHALL APPLY,
12 INCLUDING THE NOTIFICATION REQUIREMENTS. THE REPORT SHALL NO LONGER BE
13 ELIGIBLE TO BE INCLUDED IN THE FAMILY ASSESSMENT AND SERVICES TRACK.
14 (D) WHERE THE SOCIAL SERVICES DISTRICT HAS DETERMINED THAT A CASE IS
15 APPROPRIATE TO BE INCLUDED IN THE FAMILY ASSESSMENT AND SERVICES TRACK,
16 THE DISTRICT`S ACTIVITIES SHALL INCLUDE, AT A MINIMUM, THE FOLLOWING:
17 (I) THE PROVISION OF WRITTEN NOTICE TO EACH PARENT, GUARDIAN OR OTHER
18 PERSON LEGALLY RESPONSIBLE FOR THE CHILD OR CHILDREN PARTICIPATING IN
19 THE FAMILY ASSESSMENT AND SERVICES TRACK EXPLAINING THAT IT IS THE
20 INTENT OF THE SOCIAL SERVICES DISTRICT TO MEET THE NEEDS OF THE FAMILY
21 WITHOUT ENGAGING IN A TRADITIONAL CHILD PROTECTIVE SERVICES INVESTI-
22 GATION. THE NOTICE SHALL ALSO EXPLAIN THAT THE WORKERS ASSISTING THE
23 FAMILY IN THE FAMILY ASSESSMENT AND SERVICES TRACK ARE MANDATED REPOR-
24 TERS WHO ARE REQUIRED TO REPORT SUSPECTED CHILD ABUSE OR MALTREATMENT
25 AND THAT THOSE WORKERS MAY BE REQUIRED TO REPORT NEW INFORMATION THAT
26 THEY RECEIVE IN THEIR WORK WITH THE FAMILY IF THAT INFORMATION GIVES
27 THEM REASONABLE CAUSE TO SUSPECT THAT A CHILD IN THE FAMILY IS AN ABUSED
28 OR MALTREATED CHILD;
29 (II) AN EXAMINATION, WITH THE FAMILY, OF THE FAMILY`S STRENGTHS,
30 CONCERNS AND NEEDS;
31 (III) WHERE APPROPRIATE, AN OFFER OF ASSISTANCE WHICH SHALL INCLUDE
32 CASE MANAGEMENT THAT IS SUPPORTIVE OF FAMILY STABILIZATION;
33 (IV) THE PLANNING AND PROVISION OF SERVICES RESPONSIVE TO THE SERVICE
34 NEEDS OF THE FAMILY; AND
35 (V) AN ON-GOING JOINT EVALUATION AND ASSESSMENT OF THE FAMILY`S
36 PROGRESS.
37 (E) AFTER THE SOCIAL SERVICES DISTRICT HAS RECEIVED A REPORT OF
38 SUSPECTED MALTREATMENT AND DETERMINED THAT THE REPORT IS INITIALLY
39 ELIGIBLE TO BE INCLUDED IN THE FAMILY ASSESSMENT AND SERVICES TRACK,
40 PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION, THE ACTIVITIES DESCRIBED
41 IN PARAGRAPHS (C) AND (D) OF THIS SUBDIVISION MAY BE PERFORMED BY THE
42 SOCIAL SERVICES DISTRICT DIRECTLY OR THROUGH ANY OTHER METHOD CURRENTLY
43 UTILIZED BY SOCIAL SERVICES DISTRICTS TO OBTAIN PREVENTIVE SERVICES FOR
44 CHILDREN AND FAMILIES. IF A COMMUNITY-BASED AGENCY DETERMINES, PURSUANT
45 TO SUBPARAGRAPH (II) OF PARAGRAPH (C) OF THIS SUBDIVISION, THAT A REPORT
46 MUST BE INVESTIGATED AS A CASE OF SUSPECTED CHILD ABUSE OR MALTREATMENT,
47 THE COMMUNITY-BASED AGENCY SHALL SO INFORM THE SOCIAL SERVICES DISTRICT,
48 WHICH SHALL THEN BECOME RESPONSIBLE FOR CONDUCTING THE CHILD PROTECTIVE
49 SERVICES INVESTIGATION IN ACCORDANCE WITH THE REQUIREMENTS OF THIS
50 TITLE.
51 (F) A REPORT SELECTED FOR INCLUSION IN THE FAMILY ASSESSMENT AND
52 SERVICES TRACK SHALL CEASE TO BE ELIGIBLE FOR INCLUSION IN THE FAMILY
53 ASSESSMENT AND SERVICES TRACK IF AT ANY TIME IN THE COURSE OF PROVIDING
54 SERVICES THE DISTRICT OR COMMUNITY-BASED AGENCY FINDS THAT:
55 (I) THERE IS EVIDENCE OF ANY OF THE ACTS LISTED IN PARAGRAPHS (A)
56 THROUGH (I) OF SUBDIVISION THREE OF THIS SECTION;
A. 313--A 5
1 (II) THE PARENT OR PARENTS REFUSE TO COOPERATE WITH THE DISTRICT OR
2 COMMUNITY-BASED AGENCY IN DEVELOPING OR IMPLEMENTING A PLAN TO ADDRESS
3 THE FAMILY PROBLEMS OR ISSUES AND A WORKER ASSISTING THE FAMILY IN THE
4 FAMILY ASSESSMENT AND SERVICES TRACK HAS REASONABLE CAUSE TO SUSPECT
5 THAT A CHILD IN THE FAMILY IS AN ABUSED OR MALTREATED CHILD; OR
6 (III) THERE IS EVIDENCE THAT THE LIFE OR HEALTH OF A CHILD OR CHILDREN
7 PARTICIPATING IN THE FAMILY ASSESSMENT AND SERVICES TRACK IS IN IMMINENT
8 DANGER.
9 (G) WHERE THE DISTRICT FINDS OR IS ADVISED BY A COMMUNITY-BASED AGEN-
10 CY, SUBSEQUENT TO THE COMPLETION OF THE INITIAL SAFETY CHECK, THAT THE
11 REPORT IS NOT APPROPRIATE TO CONTINUE IN THE FAMILY ASSESSMENT AND
12 SERVICES TRACK PURSUANT TO PARAGRAPH (F) OF THIS SUBDIVISION, THE
13 DISTRICT SHALL CONTACT THE STATEWIDE CENTRAL REGISTER OF CHILD ABUSE AND
14 MALTREATMENT AND MAKE A NEW REPORT OF SUSPECTED CHILD ABUSE OR MALTREAT-
15 MENT.
16 (H) WHERE A REPORT HAS BEEN ASSIGNED TO THE INVESTIGATORY TRACK AND
17 THE PARTICIPATING DISTRICT OR A COMMUNITY-BASED AGENCY PROVIDING
18 SERVICES TO THE FAMILY DETERMINES AFTER SUCH INITIAL ASSIGNMENT THAT THE
19 REPORT ACTUALLY MEETS THE CRITERIA ESTABLISHED BY THE LOCAL DEPARTMENT
20 OF SOCIAL SERVICES IN CONJUNCTION WITH THE OFFICE OF CHILDREN AND FAMILY
21 SERVICES AND THE OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE FOR
22 PLACEMENT IN THE FAMILY ASSESSMENT AND SERVICES TRACK, THE PARTICIPATING
23 DISTRICT MAY MOVE THE REPORT TO THE FAMILY ASSESSMENT AND SERVICES
24 TRACK. IF THE REPORT IS MOVED TO THE FAMILY ASSESSMENT AND SERVICES
25 TRACK, THE PARTICIPATING DISTRICT SHALL NOTIFY THE STATEWIDE CENTRAL
26 REGISTER OF CHILD ABUSE AND MALTREATMENT THAT IS NOW CONSIDERING SUCH
27 REPORT AS PART OF THE FAMILY ASSESSMENT AND SERVICES TRACK AND REQUEST
28 THAT THE RECORDS AT THE STATEWIDE CENTRAL REGISTER OF CHILD ABUSE AND
29 MALTREATMENT OF SUCH REPORT BE CLASSIFIED AS AN ASSESSMENT TRACK CASE
30 AND BE LEGALLY SEALED IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION
31 FIVE OF SECTION FOUR HUNDRED TWENTY-TWO OF THIS TITLE.
32 (I) WHERE A REPORT HAS BEEN INCLUDED IN THE FAMILY ASSESSMENT AND
33 SERVICES TRACK AND A SUBSEQUENT REPORT INVOLVING THE FAMILY IS MADE TO
34 THE STATEWIDE CENTRAL REGISTER OF CHILD ABUSE AND MALTREATMENT, AND SUCH
35 SUBSEQUENT REPORT IS NOT ELIGIBLE FOR INCLUSION IN THE FAMILY ASSESSMENT
36 AND SERVICES TRACK, THE LOCAL CHILD PROTECTIVE SERVICES, IN CONDUCTING
37 ITS INVESTIGATION, SHALL WORK COOPERATIVELY WITH ANY DISTRICT OR COMMU-
38 NITY-BASED AGENCY STAFF THAT ARE ALREADY WORKING WITH THE FAMILY TO
39 MINIMIZE TO THE EXTENT PRACTICABLE THE CHANCE THAT EXISTING SERVICES
40 BEING PROVIDED TO THE FAMILY WILL BE DISRUPTED AND TO MAXIMIZE TO THE
41 EXTENT PRACTICABLE THE COORDINATION OF THE EXISTING SERVICES BEING
42 PROVIDED TO THE FAMILY WITH ANY NEW SERVICES TO BE PROVIDED TO THE FAMI-
43 LY.
44 5. (A) CASES INCLUDED IN THE FAMILY ASSESSMENT AND SERVICES TRACK
45 SHALL NOT BE SUBJECT TO THE REQUIREMENTS OF SECTION FOUR HUNDRED NINE-E
46 OR FOUR HUNDRED NINE-F OF THIS ARTICLE.
47 (B) ALL RECORDS CREATED AS PART OF THE FAMILY ASSESSMENT AND SERVICES
48 TRACK SHALL INCLUDE, BUT NOT BE LIMITED TO, DOCUMENTATION OF THE INITIAL
49 SAFETY CHECK, THE EXAMINATION OF THE FAMILY`S STRENGTHS, CONCERNS AND
50 NEEDS, ALL SERVICES OFFERED AND ACCEPTED BY THE FAMILY, THE PLAN FOR
51 SUPPORTIVE SERVICES FOR THE FAMILY, AND ALL EVALUATIONS AND ASSESSMENTS
52 OF THE FAMILY`S PROGRESS.
53 (C) RECORDS CREATED UNDER THE DEMONSTRATION PROJECT SHALL BE MAIN-
54 TAINED FOR TEN YEARS AFTER THE REPORT INITIATING THE CASE AT THE STATE-
55 WIDE CENTRAL REGISTER WAS MADE.
A. 313--A 6
1 (D) ALL RECORDS CREATED AS PART OF THE FAMILY ASSESSMENT AND SERVICES
2 TRACK SHALL BE CONFIDENTIAL AND SHALL BE MADE AVAILABLE ONLY TO STAFF OF
3 THE OFFICE OF CHILDREN AND FAMILY SERVICES AND PERSONS DESIGNATED BY THE
4 OFFICE OF CHILDREN AND FAMILY SERVICES; THE SOCIAL SERVICES DISTRICT
5 RESPONSIBLE FOR THE CASE; COMMUNITY-BASED AGENCIES THAT HAVE CONTRACTS
6 WITH THE SOCIAL SERVICES DISTRICT TO CARRY OUT ACTIVITIES FOR THE
7 DISTRICT UNDER THE FAMILY ASSESSMENT AND SERVICES TRACK; AND PROVIDERS
8 OF SERVICES UNDER THE FAMILY ASSESSMENT AND SERVICES TRACK; AND ANY
9 SOCIAL SERVICES DISTRICT INVESTIGATING A SUBSEQUENT REPORT OF ABUSE OR
10 MALTREATMENT INVOLVING THE SAME SUBJECT OR THE SAME CHILD OR CHILDREN
11 NAMED IN THE REPORT INITIATING THE DEMONSTRATION PROJECT CASE.
12 6. EXPENDITURES BY A SOCIAL SERVICES DISTRICT UNDER THE DEMONSTRATION
13 PROJECT SHALL BE REIMBURSABLE FROM THE ANNUAL APPROPRIATIONS AVAILABLE
14 FOR SOCIAL SERVICES DISTRICT EXPENDITURES FOR CHILD WELFARE SERVICES
15 WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, PREVENTIVE SERVICES PROVIDED
16 PURSUANT TO SECTION FOUR HUNDRED NINE-A OF THIS ARTICLE, CHILD PROTEC-
17 TIVE SERVICES, INDEPENDENT LIVING SERVICES AND ANY OTHER APPROPRIATION
18 MADE SPECIFICALLY TO SUPPORT THESE DEMONSTRATION PROJECTS. NOTHING SHALL
19 PRECLUDE A SOCIAL SERVICES DISTRICT FROM SEEKING PRIVATE FUNDS FOR
20 SUPPORT OF THEIR DEMONSTRATION PROJECT.
21 7. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL POST THE PLAN
22 CONTAINED IN ANY APPLICATION APPROVED FOR PARTICIPATION IN THE DEMON-
23 STRATION PROJECT ON THE OFFICE OF CHILDREN AND FAMILY SERVICES WEBSITE
24 WITHIN SIXTY DAYS OF SUCH APPROVAL.
25 8. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL COMPLETE A REPORT
26 EVALUATING THE IMPLEMENTATION, IMPACT AND COST EFFECTIVENESS OF THE
27 DEMONSTRATION PROJECT. THE REPORT SHALL ASSESS THE EFFECTIVENESS OF THE
28 DEMONSTRATION PROJECT IN PROMOTING BROADER COMMUNITY INVOLVEMENT IN
29 MEETING SERVICE NEEDS, EXPANDING AND EXPEDITING ACCESS TO APPROPRIATE
30 SERVICES, IMPROVING THE COOPERATION OF FAMILIES, REDUCING SUBSEQUENT
31 ABUSE AND MALTREATMENT REPORTS, AND PROMOTING CHILD SAFETY. SUCH REPORT
32 SHALL ALSO RECOMMEND WHETHER OR NOT TO CONTINUE THE PROVISIONS OF THIS
33 SECTION FOR THE DEMONSTRATION SITES AND OTHER SITES IN NEW YORK STATE,
34 AND SHALL BE SUBMITTED TO THE GOVERNOR AND THE LEGISLATURE NO LATER THAN
35 THE FIRST DAY OF JANUARY, TWO THOUSAND NINE.
36 S 3. This act shall take effect immediately and shall expire June 1,
37 2009 when upon such date the provisions of this act shall be deemed
38 repealed.
.SO DOC A 313A *END* BTXT 2005
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