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A04035 Summary:

BILL NOA04035
 
SAME ASSAME AS S02396
 
SPONSOREachus
 
COSPNSR
 
MLTSPNSR
 
Amd §§20-a, 421 & 17, add §473-f, Soc Serv L
 
Creates caseload standards for adult protective services workers such that such workers have no more than thirty cases at any time.
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A04035 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4035
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 30, 2025
                                       ___________
 
        Introduced by M. of A. EACHUS -- read once and referred to the Committee
          on Social Services
 
        AN  ACT  to amend the social services law, in relation to creating case-
          load standards for adult protective services workers
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Section 20-a of the social services law, as added by chap-
     2  ter 107 of the laws of 1971, is amended to read as follows:
     3    § 20-a.  Local personnel; limitations on department's power.  Notwith-
     4  standing any inconsistent provision of  this  chapter,  the  board,  the
     5  commissioner  or  the  department, acting singly or in unison, shall not
     6  have the power, directly  or  indirectly  to  prescribe  the  number  of
     7  persons  to  be  employed  in any social services district providing the
     8  district complies with the minimum federal standards  relating  thereto;
     9  provided,  however,  that the provisions of this section shall not apply
    10  to the regulations of the office of children and family services  estab-
    11  lishing caseload standards for adult protective services workers promul-
    12  gated  pursuant  to  paragraph  (a)  of subdivision nine of section four
    13  hundred twenty-one of this chapter.
    14    § 2. Section 421 of the social services law is amended by adding a new
    15  subdivision 9 to read as follows:
    16    9. promulgate regulations, in consultation with local social  services
    17  districts,  relating to caseload standards for adult protective services
    18  workers. Such standards shall include, but not be limited to:
    19    (a) limitations on the number of investigations which can be  assigned
    20  to  adult  protective  services workers, provided however, to the extent
    21  possible and within amounts appropriated therefor, a  full  time  equiv-
    22  alent adult protective services worker shall not be assigned:
    23    (i) a caseload of more than twenty initial investigations at any given
    24  time; or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06240-01-5

        A. 4035                             2
 
     1    (ii)  a  caseload of more than thirty ongoing cases at any given time;
     2  or
     3    (iii) a total caseload of more than thirty cases.
     4    (b)  guidance  as  it relates to how such investigations are assigned,
     5  taking into consideration the adult protective services worker's current
     6  caseload, as well as the complexity of the particular  investigation  or
     7  case,  if  known.  Nothing  in  this  subdivision  shall be construed to
     8  prohibit the office from prescribing  local  social  services  districts
     9  from establishing caseload standards that are less than what is required
    10  in this subdivision.
    11    §  3. The social services law is amended by adding a new section 473-f
    12  to read as follows:
    13    § 473-f. Annual reports. The commissioner shall prepare for  inclusion
    14  in the annual report required by subdivision (d) of section seventeen of
    15  this  chapter to be filed with the governor and the legislature prior to
    16  December fifteenth of each year, a report on adult protective  services.
    17  The  report  shall,  at  minimum,  include a monthly accounting by local
    18  social services districts  of  the  total  number  of  adult  protective
    19  services workers with an indication of how many hold a supervisory posi-
    20  tion, as well as the average number of active cases per adult protective
    21  services worker in the preceding year.
    22    §  4.  Subdivision  (d)  of  section 17 of the social services law, as
    23  amended by chapter 749 of the laws  of  1989,  is  amended  to  read  as
    24  follows:
    25    (d)  submit an annual report to the governor and the legislature prior
    26  to the fifteenth day of December of each year. Such annual report  shall
    27  include  the  following: the affairs of the department and the status of
    28  welfare programs in the state with recommendations for  the  improvement
    29  and  development  of welfare programs; a report on the department's fair
    30  hearing system, as required by section twenty-two  of  this  article;  a
    31  written  evaluation  report on the delivery of child welfare services in
    32  the state, as required by subdivision five of section four hundred seven
    33  of this chapter; a report of the operations of the state central  regis-
    34  ter  of child abuse and maltreatment and the various local child protec-
    35  tive services, as required by section four hundred  twenty-six  of  this
    36  chapter;  a report on the number and status and the findings of investi-
    37  gations of deaths of children pursuant to subdivision  five  of  section
    38  twenty  of this chapter; a report on the progress of the development and
    39  operation of the child care review system, as  required  by  subdivision
    40  nine  of  section  four  hundred  forty-two  of this chapter; commencing
    41  before December fifteenth, nineteen hundred eighty-four and  terminating
    42  on  December  fifteenth, nineteen hundred eighty-nine, a progress report
    43  on the planning and  implementation  of  the  teenage  services  act  as
    44  required  by  the  provisions  of  section  four hundred nine-m of title
    45  four-B of this chapter; an analysis of the information contained in  the
    46  registry of community facilities, as required by paragraph (b) of subdi-
    47  vision  two of section four hundred sixty-three-a of this chapter; [and]
    48  a report on the operation of the child support enforcement  program,  as
    49  required  by  chapter  six  hundred  eighty-five of the laws of nineteen
    50  hundred seventy-five; and a  report  on  adult  protective  services  as
    51  required by section four hundred seventy-three-f of this chapter;
    52    §  5.  This  act  shall  take  effect  immediately; provided, however,
    53  sections one and two of this act shall take effect two  years  after  it
    54  shall have become a law.
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