A07581 Summary:

COSPNSRBurke, D'Urso, Cruz, Reyes, Lifton, Glick, Frontus, Colton, Dickens, DeStefano, Jean-Pierre, Cook, Blake, Schmitt, Pichardo, Rivera, Ortiz, Barron, Fall, Crouch, Bronson, Stirpe, Perry, Englebright, Palumbo, Steck, Dinowitz, Richardson, Hunter, Rosenthal D, Giglio, Weprin, Smith, Ra, Epstein, Sayegh, Lupardo, Abinanti, Mosley, Palmesano, Solages, Lentol, Gunther
MLTSPNSRArroyo, De La Rosa, Galef, Manktelow, McDonough, Simon, Tague, Thiele
Amd §§20-a, 153-k, 421, 423 & 426, Soc Serv L
Establishes standards for caseloads for child protective services workers; requires the state to pay for one hundred percent of the costs associated with compliance of such caseload standard; makes related provisions.
Go to top    

A07581 Actions:

05/09/2019referred to children and families
01/08/2020referred to children and families
02/19/2020amend and recommit to children and families
02/19/2020print number 7581a
02/26/2020reported referred to ways and means
Go to top

A07581 Committee Votes:

CHILDREN AND FAMILIES Chair:Jaffee DATE:02/26/2020AYE/NAY:15/0 Action: Favorable refer to committee Ways and Means

Go to top

A07581 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

A07581 Text:

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                       May 9, 2019
        Introduced  by  M.  of  A.  JAFFEE,  BURKE, D'URSO, CRUZ, REYES, LIFTON,
          LUPARDO, ABINANTI, MOSLEY, PALMESANO -- Multi-Sponsored by -- M. of A.
          -- read once and referred to the Committee on Children and Families --
          recommitted  to  the  Committee on Children and Families in accordance
          with Assembly Rule 3, sec. 2 -- committee  discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee
        AN  ACT to amend the social services law, in relation to caseload stand-
          ards for child 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 child 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. Paragraph (a) of subdivision 1 of section  153-k  of  the  social
    15  services law, as added by section 15 of part C of chapter 83 of the laws
    16  of 2002, is amended to read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 7581--A                          2
     1    (a)  Expenditures  made by social services districts for child protec-
     2  tive services, preventive services provided, as applicable, to  eligible
     3  children  and  families  of  children  who are in and out of foster care
     4  placement, independent living services, aftercare services, and adoption
     5  administration  and  services  other  than  adoption  subsidies provided
     6  pursuant to article six of this  chapter  and  the  regulations  of  the
     7  department  of  family  assistance  shall,  if approved by the office of
     8  children and family services, be subject  to  sixty-five  percent  state
     9  reimbursement  exclusive  of  any  federal funds made available for such
    10  purposes, in accordance with the directives of the department of  family
    11  assistance  and  subject  to the approval of the director of the budget.
    12  Provided however, for requirements prescribed  in  subdivision  nine  of
    13  section four hundred twenty-one of this chapter, such expenditures shall
    14  be  subject  to  one  hundred percent state reimbursement, provided that
    15  local social services districts continue to  maintain  current  expendi-
    16  tures related to child protective services at a level equal to or great-
    17  er than expenditures for such activities during the fiscal year prior to
    18  the effective date of a chapter of the laws of two thousand twenty which
    19  amended this paragraph.
    20    § 3. Section 421 of the social services law is amended by adding a new
    21  subdivision 9 to read as follows:
    22    9.  promulgate  regulations in consultation with local social services
    23  districts, relating to caseload standards for child protective  services
    24  workers. Such standards shall include, but not be limited to:  (a) limi-
    25  tations  on  the number of investigations which can be assigned to child
    26  protective services workers, provided however, to  the  extent  possible
    27  and  within  amounts  appropriated  therefore,  no more than two initial
    28  investigations per week may be assigned per full time  equivalent  child
    29  protective  services  worker; and (b) guidance as it relates to how such
    30  investigations are assigned, taking into consideration the child protec-
    31  tive services worker current caseload, as well as the complexity of  the
    32  particular investigation, if known. Nothing in this subdivision shall be
    33  construed  to prohibit the office from prescribing local social services
    34  districts from establishing caseload standards that are less  than  what
    35  is required in this subdivision.
    36    §  4.  Paragraph  (c)  of  subdivision  1 of section 423 of the social
    37  services law, as amended by chapter 83 of the laws of 1995,  is  amended
    38  to read as follows:
    39    (c)  The  child  protective  service shall have a sufficient staff, in
    40  accordance with the provisions  of  subdivision  nine  of  section  four
    41  hundred  twenty-one  of  this  title,  of  sufficient  qualifications to
    42  fulfill the purposes of this title and be organized in such a way as  to
    43  maximize  the continuity of responsibility, care and service of individ-
    44  ual workers toward individual children and families. A  social  services
    45  district  shall have flexibility in assigning staff to the child protec-
    46  tive service provided that each staff assigned to such service  has  the
    47  staff  qualifications  and  has  received  the  training required by the
    48  department regulations promulgated pursuant  to  subdivisions  four  and
    49  five of section four hundred twenty-one of this title.
    50    §  5.  Section  426  of the social services law, as amended by section
    51  11-a of part D of chapter 501 of the laws of 2012, is amended to read as
    52  follows:
    53    § 426. Annual reports. The commissioner shall prepare for inclusion in
    54  the annual report required by subdivision (d) of  section  seventeen  of
    55  this  chapter to be filed with the governor and the legislature prior to
    56  December fifteenth of each year, a report on the operations of the state

        A. 7581--A                          3
     1  central register of child abuse and maltreatment and the  various  local
     2  child  protective  services. The report shall include a full statistical
     3  analysis of the reports made to the central  register  together  with  a
     4  report  on  the  implementation  of this title, his or her evaluation of
     5  services offered under this chapter and his or her  recommendations  for
     6  additional  legislation  to  fulfill  the  purposes  of this title. Such
     7  report shall indicate the number of child abuse and maltreatment reports
     8  and cases received by the statewide central register of child abuse  and
     9  maltreatment  by each district in the preceding year, the number of such
    10  cases determined to have been indicated and the  number  of  such  cases
    11  determined  to  be unfounded by each district in the preceding year, the
    12  number of such cases which have not been indicated or  unfounded  within
    13  the  time  period  required by subdivision seven of section four hundred
    14  twenty-four of this [article] title by each district  in  the  preceding
    15  year [and]. Such report shall also include a monthly accounting by local
    16  social  services  districts,  of  the  total  number of child protective
    17  services workers [assigned to  the  child  protective  service  in  each
    18  district in] with an indication of how many hold a supervisory position,
    19  as  well  as  the  average  number  of active cases per child protective
    20  services worker, with an indication of how  many  were  in  the  initial
    21  investigation  stage  at  the time the information was collected for the
    22  preceding year. Such report  shall  include,  among  other  information,
    23  available  demographic  information and available information concerning
    24  the racial and ethnic characteristics of the family members and  persons
    25  served  by  the  differential  response program pursuant to section four
    26  hundred twenty-seven-a of [the social services law] this title, as  well
    27  as  available  information  concerning  the racial and ethnic character-
    28  istics of the family members and persons serviced under the  traditional
    29  child  protective  services  program,  in  each  local  social  services
    30  district in the state.
    31    § 6. This act shall take effect immediately; provided however sections
    32  one, two, three and four of this act shall  take  effect  on  the  seven
    33  hundred  thirtieth  day  after  it  shall  have  become a law; provided,
    34  further, however that the amendments to  section  153-k  of  the  social
    35  services law made by section two of this act shall not affect the repeal
    36  of such section and shall be deemed repealed therewith.
Go to top