S04077 Summary:

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.
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S04077 Actions:

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S04077 Committee Votes:

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S04077 Floor Votes:

There are no votes for this bill in this legislative session.
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S04077 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                    IN SENATE
                                    February 2, 2023
        Introduced  by Sens. BRISPORT, GOUNARDES, MANNION, SALAZAR -- read twice
          and ordered printed, and when printed to be committed to the Committee
          on Children and Families
        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:
    17    (a) Expenditures made by social services districts for  child  protec-
    18  tive  services, preventive services provided, as applicable, to eligible
    19  children and families of children who are in  and  out  of  foster  care
    20  placement, independent living services, aftercare services, and adoption
    21  administration  and  services  other  than  adoption  subsidies provided
    22  pursuant to article six of this  chapter  and  the  regulations  of  the
    23  department  of  family  assistance  shall,  if approved by the office of
    24  children and family services, be subject  to  sixty-five  percent  state
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 4077                             2
     1  reimbursement  exclusive  of  any  federal funds made available for such
     2  purposes, in accordance with the directives of the department of  family
     3  assistance  and  subject  to the approval of the director of the budget.
     4  Provided  however,  for  requirements  prescribed in subdivision nine of
     5  section four hundred twenty-one of this chapter, such expenditures shall
     6  be subject to one hundred percent  state  reimbursement,  provided  that
     7  local  social  services  districts continue to maintain current expendi-
     8  tures related to child protective services at a level equal to or great-
     9  er than expenditures for such activities during the fiscal year prior to
    10  the effective date of a chapter of the laws of two thousand twenty-three
    11  which amended this paragraph.
    12    § 3. Section 421 of the social services law is amended by adding a new
    13  subdivision 9 to read as follows:
    14    9. promulgate regulations in consultation with local  social  services
    15  districts,  relating to caseload standards for child protective services
    16  workers. Such standards shall include, but not be limited to:
    17    (a) limitations on the number of investigations which can be  assigned
    18  to  child  protective  services workers, provided however, to the extent
    19  possible and within amounts appropriated  therefor,  no  more  than  two
    20  initial investigations per week may be assigned per full time equivalent
    21  child protective services worker; and
    22    (b)  guidance  as  it relates to how such investigations are assigned,
    23  taking into consideration the child protective services  worker  current
    24  caseload,  as well as the complexity of the particular investigation, if
    25  known. Nothing in this subdivision shall be construed  to  prohibit  the
    26  office  from prescribing local social services districts from establish-
    27  ing caseload standards that are less  than  what  is  required  in  this
    28  subdivision.
    29    §  4.  Paragraph  (c)  of  subdivision  1 of section 423 of the social
    30  services law, as amended by chapter 83 of the laws of 1995,  is  amended
    31  to read as follows:
    32    (c)  The  child  protective  service shall have a sufficient staff, in
    33  accordance with the provisions  of  subdivision  nine  of  section  four
    34  hundred  twenty-one  of  this  title,  of  sufficient  qualifications to
    35  fulfill the purposes of this title and be organized in such a way as  to
    36  maximize  the continuity of responsibility, care and service of individ-
    37  ual workers toward individual children and families. A  social  services
    38  district  shall have flexibility in assigning staff to the child protec-
    39  tive service provided that each staff assigned to such service  has  the
    40  staff  qualifications  and  has  received  the  training required by the
    41  department regulations promulgated pursuant  to  subdivisions  four  and
    42  five of section four hundred twenty-one of this title.
    43    §  5.  Section  426  of the social services law, as amended by section
    44  11-a of part D of chapter 501 of the laws of 2012, is amended to read as
    45  follows:
    46    § 426. Annual reports. The commissioner shall prepare for inclusion in
    47  the annual report required by subdivision (d) of  section  seventeen  of
    48  this  chapter to be filed with the governor and the legislature prior to
    49  December fifteenth of each year, a report on the operations of the state
    50  central register of child abuse and maltreatment and the  various  local
    51  child  protective  services. The report shall include a full statistical
    52  analysis of the reports made to the central  register  together  with  a
    53  report  on  the  implementation  of this title, his or her evaluation of
    54  services offered under this chapter and his or her  recommendations  for
    55  additional  legislation  to  fulfill  the  purposes  of this title. Such
    56  report shall indicate the number of child abuse and maltreatment reports

        S. 4077                             3
     1  and cases received by the statewide central register of child abuse  and
     2  maltreatment  by each district in the preceding year, the number of such
     3  cases determined to have been indicated and the  number  of  such  cases
     4  determined  to  be unfounded by each district in the preceding year, the
     5  number of such cases which have not been indicated or  unfounded  within
     6  the  time  period  required by subdivision seven of section four hundred
     7  twenty-four of this [article] title by each district  in  the  preceding
     8  year [and]. Such report shall also include a monthly accounting by local
     9  social  services  districts,  of  the  total  number of child protective
    10  services workers [assigned to  the  child  protective  service  in  each
    11  district in] with an indication of how many hold a supervisory position,
    12  as  well  as  the  average  number  of active cases per child protective
    13  services worker, with an indication of how  many  were  in  the  initial
    14  investigation  stage  at  the time the information was collected for the
    15  preceding year. Such report  shall  include,  among  other  information,
    16  available  demographic  information and available information concerning
    17  the racial and ethnic characteristics of the family members and  persons
    18  served  by  the  differential  response program pursuant to section four
    19  hundred twenty-seven-a of [the social services law] this title, as  well
    20  as  available  information  concerning  the racial and ethnic character-
    21  istics of the family members and persons serviced under the  traditional
    22  child  protective  services  program,  in  each  local  social  services
    23  district in the state.
    24    § 6. This  act  shall  take  effect  immediately;  provided,  however,
    25  sections  one,  two, three and four of this act shall take effect on the
    26  seven hundred thirtieth day after it shall have become a law;  provided,
    27  further,  however  that  the  amendments  to section 153-k of the social
    28  services law made by section two of this act shall not affect the repeal
    29  of such section and shall be deemed repealed therewith.
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