Relates to requiring social services districts to develop family assessment and services tracks to address cases where there is a prior history of multiple likely malicious and unfounded complaints against the respondent, there is no actual history of founded complaints of abuse or maltreatment against the respondent within the preceding four years, and the initial investigation into the new complaint yields no new information which could indicate the possibility of actual abuse or maltreatment.
STATE OF NEW YORK
________________________________________________________________________
10730
IN ASSEMBLY
March 27, 2026
___________
Introduced by M. of A. HEVESI -- read once and referred to the Committee
on Children and Families
AN ACT to amend the social services law, in relation to requiring social
services districts to develop family assessment and services tracks to
address certain types of cases
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 1, 2 and 3 of section 427-a of the social
2 services law, as added by chapter 452 of the laws of 2007 and subdivi-
3 sion 1 as amended by chapter 45 of the laws of 2011, are amended and a
4 new subdivision 3-a is added to read as follows:
5 1. [Any] Except as provided for in subdivision three-a of this
6 section, any social services district may, upon the authorization of the
7 office of children and family services, establish a program that imple-
8 ments differential responses to reports of child abuse and maltreatment.
9 Such programs shall create a family assessment and services track as an
10 alternative means of addressing certain matters otherwise investigated
11 as allegations of child abuse or maltreatment pursuant to this title.
12 Notwithstanding any other provision of law to the contrary, the
13 provisions of this section shall apply only to those cases involving
14 allegations of abuse or maltreatment in family settings expressly
15 included in the family assessment and services track of the differential
16 response program, and only in those social services districts authorized
17 by the office of children and family services to implement a differen-
18 tial response program. Such cases shall not be subject to the require-
19 ments otherwise applicable to cases reported to the statewide central
20 register of child abuse and maltreatment pursuant to this title, except
21 as set forth in this section.
22 2. Any social services district interested in implementing a differen-
23 tial response program shall apply to the office of children and family
24 services for permission to participate, except as provided for in subdi-
25 vision three-a of this section. The criteria for a social services
26 district to participate will be determined by the office of children and
27 family services after consultation with the office for the prevention of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15261-01-6
A. 10730 2
1 domestic violence, however the social services district's application
2 must include a plan setting forth the following:
3 (a) in conjunction with any additional requirements imposed by the
4 office of children and family services and the provisions of this subdi-
5 vision, the factors to be considered by the social services district in
6 determining which cases will be addressed through the family assessment
7 and services track and the size of the population to be the subject of
8 the differential response program, provided, however that cases meeting
9 the requirements of paragraph (a) of subdivision three-a of this section
10 shall be addressed through the family assessment and services track
11 developed pursuant to such paragraph;
12 (b) the types of services and interventions to be provided to families
13 included in the family assessment and services track and a description
14 of how the services will be offered;
15 (c) a description of the process to be followed for planning and moni-
16 toring the services provided under the family assessment and services
17 track;
18 (d) a description of how the principles of family involvement and
19 support consistent with maintaining the safety of the child will be
20 implemented in the family assessment and services track;
21 (e) a description of how the differential response program will
22 enhance the ability of the district to protect children, maintain the
23 safety of children and preserve families;
24 (f) a description of how the district will reduce the involvement of
25 government agencies with families and maintain the safety of children
26 through the use of community resources;
27 (g) a description of the staff resources proposed to be used in the
28 family assessment and services track, including the proposed staff work-
29 loads and qualifications;
30 (h) a description of the training that will be provided to district
31 and any non-district staff to be used in the differential response
32 program including, but not limited to, a description of the training
33 involving maintaining the safety and well-being of children and any
34 cross training planned for family assessment and investigative staff;
35 (i) a description of the community resources that are proposed to be
36 used in the family assessment and services track;
37 (j) a description of any additional funding that may be utilized to
38 enhance the differential response program; and
39 (k) a description of the protocol to be followed for handling cases
40 where domestic violence is present in order to maintain the safety of
41 the child through the family assessment and services track.
42 3. The criteria for determining which cases may be placed in the
43 assessment track shall be determined by the local department of social
44 services, in conjunction with the office of children and family services
45 and after consultation with the office for the prevention of domestic
46 violence, provided, however, that cases meeting the requirements of
47 paragraph (a) of subdivision three-a of this section shall be subject to
48 the family assessment and services track developed pursuant to such
49 paragraph. Provided, further, however, that reports including any of the
50 following allegations, except for cases meeting the requirements of
51 paragraph (a) of subdivision three-a of this section, shall not be
52 included in the assessment track of a differential response program:
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. 10730 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, 255.26 or 255.27 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 3-a. (a) Notwithstanding the provisions of subdivisions one, two and
24 three of this section, every social services district shall create a
25 family assessment and services track which shall be used to address
26 cases where:
27 (i) there is a prior history of multiple likely malicious and
28 unfounded complaints against the respondent;
29 (ii) there is no actual history of founded complaints of abuse or
30 maltreatment against the respondent within the preceding four years; and
31 (iii) the initial investigation into the new complaint yields no new
32 information which could indicate the possibility of actual abuse or
33 maltreatment.
34 (b) Cases meeting the requirements of paragraph (a) of this subdivi-
35 sion shall be addressed through the family assessment and services track
36 developed pursuant to such paragraph and shall not be subject to the
37 requirements otherwise applicable to cases reported to the statewide
38 central register of child abuse and maltreatment pursuant to this title.
39 (c) The family assessment and services track developed pursuant to
40 paragraph (a) of this subdivision shall be subject to the provisions of
41 subdivisions four and five of this section.
42 (d) The development of a family assessment and services track to
43 address cases meeting the requirements of paragraph (a) of this subdivi-
44 sion shall not be subject to the authorization of the office of children
45 and family services pursuant to the provisions of subdivisions two and
46 three of this section. The development of such family assessment and
47 services tracks by social services districts shall be required for cases
48 meeting the requirements of paragraph (a) of this subdivision and shall
49 not require or be subject to an application by a social services
50 district to the office of children and family services.
51 § 2. This act shall take effect immediately.
