A04021 Summary:

BILL NO    A04021 

SAME AS    No same as

SPONSOR    Pretlow

COSPNSR    

MLTSPNSR   

Add S423-b, Soc Serv L

Enacts the "Westchester county dual track demonstration project"; 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.

A04021 Actions:

BILL NO    A04021 

01/29/2009 referred to social services
01/06/2010 referred to social services

A04021 Votes:

A04021 Memo:

 BILL NUMBER:  A4021

 TITLE OF BILL :

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

 PURPOSE :

To establish a demonstration program to assess the feasibility of
establishing a dual track child protective services program in
Westchester County with the two tracks  being an assessment track and
an investigative track.

 SUMMARY OF PROVISIONS :

Section one of this bill sets out a statement of legislative intent in
support of the need to authorize a demonstration program to assess the
feasibility of enhancing child protective services through the use of
a dual track approach.

Section two establishes the "Westchester County dual track
demonstration project" as the name of this act.

Section three of this bill adds new section 423-a to the social
services law to authorize and direct the Office of Children and Family
Services (OCFS) to establish such a demonstration program in
Westchester County.

Key provisions are as follows:

1. Westchester County Social services district shall be enabled to
assign complaints of alleged child abuse by the statewide central
register of child abuse to one of two tracks: an investigative track;
or a family assessment and services track designed to increase the
likelihood of increasing the delivery of comprehensive family support
services to children and families. The demonstration program shall be
conducted for the period commencing July first, two thousand five and
shall end June thirtieth, two thousand nine. The district shall
establish a local advisory counsel consisting of nine members that
shall be appointed prior to the commencement of the demonstration
program. The advisory council shall exist until June thirtieth, two
thousand nine.

2. The commissioner of OCFS shall develop an application format to be
submitted by the County of Westchester. The commissioner of OCFS shall
also permit the district broad discretion in planning and implementing
its dual track demonstration program. The application format shall
contain a detailed description of, but not limited to: the dual track
system; procedures to be utilized; the types of protective,
preventive, and rehabilitative services and intervention; the training
that will be provided to district and any non-district staff; the
community resources; and any additional funding needed.

3. The criteria for determining which cases may be placed in the
assessment track shall be determined by the local department of social
services in conjunction with the office of children and family
services.  Reports which include allegations that would prevent them
from being included in the assessment track are listed in the bill.

4. Procedures that shall be followed for all cases included in the
family assessment and services track are outlined in the bill.


5. Expenditures made by the district with regard to the dual track
demonstration program shall be reimbursed in the same manner as
expenditures for child protective services investigations. The
district may also seek private funds for the support of the
demonstration project.

6. Provisions of section four hundred nine-e and four hundred nine-f
of this article shall not be applicable to the district with regard to
the demonstration program. Records that shall be included as part of
the family assessment and services track shall include those listed in
the bill. Section four provides the severability clause. Section five
provides that this act shall take effect immediately and shall expire
and be. deemed repealed July 2, 2011.

 JUSTIFICATION :

The dual track approach represents an attempt to reduce the incidence
of child abuse and maltreatment by providing assistance to families in
a non-adversarial context, thereby allowing local social service
districts to focus resources on those children whose health and safety
is most at risk. This proposal is based on research on CPS reform from
other states substantiating that an  ADVERSARIAL INVESTIGATION  is
counterproductive to parents; may waste CPS resources; may reduce the
services received by such families; and may lead to further neglect or
abuse rather than preventing it. Research indicates that such a
reformed CPS system would deliver enhanced child abuse and neglect
prevention; timely, effective responses to instances of abuse and
neglect that ensure children's safety; and helpful timely family
interventions that reduce occurrences of child maltreatment.

New York takes great pride in its reputation as a bellwether state
noted for the enactment of bold and creative legislation which
addresses complex issues that an evolving society is called upon to
resolve.

Realizing that this state's current system of child safety and family
support is failing, a new and innovative approach is urgently needed.
The dramatic increase in the number of mandatory and permitted reports
of child abuse and maltreatment made to the statewide central
register, and the manner in which such reports are investigated when
founded or indicated has strained the resources available to the state
and local social services districts. Such resources have increasingly
been directed to conduct investigations and corresponding assessments
of family need and to provide rehabilitative and family centered
services to children and their parents. Fully sixty-six percent of
reports made and investigated, were closed as unfounded, and forty
percent of the indicated cases were closed on the same day they were
founded, according to a recent statistical analysis.

Approximately eighty percent of all reported families who were
investigated received little, if any, family rehabilitative services.
It is time for this state, on a trial basis, to conduct assessments,
in lieu of full fledged investigations, when reports warrant a less
serious review. Resources which otherwise would be expended in the
investigatory process could then be redirected to the division of
family rehabilitative and other services in order to stabilize family
situations and assist families in need. The success that states such
as Missouri have experienced using a similar dual track approach is
significant and suggests that such a system should be replicated in
New York. By implementing the demonstration program, this state can
stimulate a restructuring of child protective services to more
accurately address needs and requirements.

 LEGISLATIVE HISTORY :

2004: Veto 297
 FISCAL IMPLICATIONS :

Undetermined.

 EFFECTIVE DATE :
Immediately, and shall expire and be deemed repealed July 2, 2011.