S05809 Summary:

BILL NOS05809A
 
SAME ASSAME AS A07581-A
 
SPONSORMONTGOMERY
 
COSPNSRGOUNARDES, KRUEGER, METZGER, SANDERS
 
MLTSPNSR
 
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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S05809 Actions:

BILL NOS05809A
 
05/15/2019REFERRED TO SOCIAL SERVICES
01/08/2020REFERRED TO SOCIAL SERVICES
03/10/2020COMMITTEE DISCHARGED AND COMMITTED TO CHILDREN AND FAMILIES
03/10/2020AMEND AND RECOMMIT TO CHILDREN AND FAMILIES
03/10/2020PRINT NUMBER 5809A
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S05809 Committee Votes:

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S05809 Floor Votes:

There are no votes for this bill in this legislative session.
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S05809 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5809--A
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                      May 15, 2019
                                       ___________
 
        Introduced  by Sens. MONTGOMERY, GOUNARDES, KRUEGER, METZGER, SANDERS --
          read twice and ordered printed, and when printed to  be  committed  to
          the  Committee  on  Social Services -- recommitted to the Committee on
          Social Services in accordance with Senate Rule 6, sec. 8 --  committee
          discharged  and  said  bill committed to the Committee on Children and
          Families -- 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:
    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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11190-03-0

        S. 5809--A                          2
 
     1  administration and  services  other  than  adoption  subsidies  provided
     2  pursuant  to  article  six  of  this  chapter and the regulations of the
     3  department of family assistance shall, if  approved  by  the  office  of
     4  children  and  family  services,  be subject to sixty-five percent state
     5  reimbursement exclusive of any federal funds  made  available  for  such
     6  purposes,  in accordance with the directives of the department of family
     7  assistance and subject to the approval of the director  of  the  budget.
     8  Provided  however,  for  requirements  prescribed in subdivision nine of
     9  section four hundred twenty-one of this chapter, such expenditures shall
    10  be subject to one hundred percent  state  reimbursement,  provided  that
    11  local  social  services  districts continue to maintain current expendi-
    12  tures related to child protective services at a level equal to or great-
    13  er than expenditures for such activities during the fiscal year prior to
    14  the effective date of a chapter of the laws of two thousand twenty which
    15  amended this paragraph.
    16    § 3. Section 421 of the social services law is amended by adding a new
    17  subdivision 9 to read as follows:
    18    9. promulgate regulations in consultation with local  social  services
    19  districts,  relating to caseload standards for child protective services
    20  workers. Such standards shall include, but not be limited to:  (a) limi-
    21  tations on the number of investigations which can be assigned  to  child
    22  protective  services  workers,  provided however, to the extent possible
    23  and within amounts appropriated therefore,  no  more  than  two  initial
    24  investigations  per  week may be assigned per full time equivalent child
    25  protective services worker; and (b) guidance as it relates to  how  such
    26  investigations are assigned, taking into consideration the child protec-
    27  tive  services worker current caseload, as well as the complexity of the
    28  particular investigation, if known. Nothing in this subdivision shall be
    29  construed to prohibit the office from prescribing local social  services
    30  districts  from  establishing caseload standards that are less than what
    31  is required in this subdivision.
    32    § 4. Paragraph (c) of subdivision 1  of  section  423  of  the  social
    33  services  law,  as amended by chapter 83 of the laws of 1995, is amended
    34  to read as follows:
    35    (c) The child protective service shall have  a  sufficient  staff,  in
    36  accordance  with  the  provisions  of  subdivision  nine of section four
    37  hundred twenty-one  of  this  title,  of  sufficient  qualifications  to
    38  fulfill  the purposes of this title and be organized in such a way as to
    39  maximize the continuity of responsibility, care and service of  individ-
    40  ual  workers  toward individual children and families. A social services
    41  district shall have flexibility in assigning staff to the child  protec-
    42  tive  service  provided that each staff assigned to such service has the
    43  staff qualifications and has  received  the  training  required  by  the
    44  department  regulations  promulgated  pursuant  to subdivisions four and
    45  five of section four hundred twenty-one of this title.
    46    § 5. Section 426 of the social services law,  as  amended  by  section
    47  11-a of part D of chapter 501 of the laws of 2012, is amended to read as
    48  follows:
    49    § 426. Annual reports. The commissioner shall prepare for inclusion in
    50  the  annual  report  required by subdivision (d) of section seventeen of
    51  this chapter to be filed with the governor and the legislature prior  to
    52  December fifteenth of each year, a report on the operations of the state
    53  central  register  of child abuse and maltreatment and the various local
    54  child protective services. The report shall include a  full  statistical
    55  analysis  of  the  reports  made to the central register together with a
    56  report on the implementation of this title, his  or  her  evaluation  of

        S. 5809--A                          3
 
     1  services  offered  under this chapter and his or her recommendations for
     2  additional legislation to fulfill  the  purposes  of  this  title.  Such
     3  report shall indicate the number of child abuse and maltreatment reports
     4  and  cases received by the statewide central register of child abuse and
     5  maltreatment by each district in the preceding year, the number of  such
     6  cases  determined  to  have  been indicated and the number of such cases
     7  determined to be unfounded by each district in the preceding  year,  the
     8  number  of  such cases which have not been indicated or unfounded within
     9  the time period required by subdivision seven of  section  four  hundred
    10  twenty-four  of  this  [article] title by each district in the preceding
    11  year [and]. Such report shall also include a monthly accounting by local
    12  social services districts, of  the  total  number  of  child  protective
    13  services  workers  [assigned  to  the  child  protective service in each
    14  district in] with an indication of how many hold a supervisory position,
    15  as well as the average number  of  active  cases  per  child  protective
    16  services  worker,  with  an  indication  of how many were in the initial
    17  investigation stage at the time the information was  collected  for  the
    18  preceding  year.  Such  report  shall  include, among other information,
    19  available demographic information and available  information  concerning
    20  the  racial and ethnic characteristics of the family members and persons
    21  served by the differential response program  pursuant  to  section  four
    22  hundred  twenty-seven-a of [the social services law] this title, as well
    23  as available information concerning the  racial  and  ethnic  character-
    24  istics  of the family members and persons serviced under the traditional
    25  child  protective  services  program,  in  each  local  social  services
    26  district in the state.
    27    § 6. This act shall take effect immediately; provided however sections
    28  one,  two,  three  and  four  of this act shall take effect on the seven
    29  hundred thirtieth day after  it  shall  have  become  a  law;  provided,
    30  further,  however  that  the  amendments  to section 153-k of the social
    31  services law made by section two of this act shall not affect the repeal
    32  of such section and shall be deemed repealed therewith.
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