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.
STATE OF NEW YORK
________________________________________________________________________
6227
2021-2022 Regular Sessions
IN SENATE
April 15, 2021
___________
Introduced by Sen. BRISPORT -- 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
25 reimbursement exclusive of any federal funds made available for such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10909-01-1
S. 6227 2
1 purposes, in accordance with the directives of the department of family
2 assistance and subject to the approval of the director of the budget.
3 Provided however, for requirements prescribed in subdivision nine of
4 section four hundred twenty-one of this chapter, such expenditures shall
5 be subject to one hundred percent state reimbursement, provided that
6 local social services districts continue to maintain current expendi-
7 tures related to child protective services at a level equal to or great-
8 er than expenditures for such activities during the fiscal year prior to
9 the effective date of a chapter of the laws of two thousand twenty-one
10 which amended this paragraph.
11 § 3. Section 421 of the social services law is amended by adding a new
12 subdivision 9 to read as follows:
13 9. promulgate regulations in consultation with local social services
14 districts, relating to caseload standards for child protective services
15 workers. Such standards shall include, but not be limited to: (a) limi-
16 tations on the number of investigations which can be assigned to child
17 protective services workers, provided however, to the extent possible
18 and within amounts appropriated therefor, no more than two initial
19 investigations per week may be assigned per full time equivalent child
20 protective services worker; and (b) guidance as it relates to how such
21 investigations are assigned, taking into consideration the child protec-
22 tive services worker current caseload, as well as the complexity of the
23 particular investigation, if known. Nothing in this subdivision shall be
24 construed to prohibit the office from prescribing local social services
25 districts from establishing caseload standards that are less than what
26 is required in this subdivision.
27 § 4. Paragraph (c) of subdivision 1 of section 423 of the social
28 services law, as amended by chapter 83 of the laws of 1995, is amended
29 to read as follows:
30 (c) The child protective service shall have a sufficient staff, in
31 accordance with the provisions of subdivision nine of section four
32 hundred twenty-one of this title, of sufficient qualifications to
33 fulfill the purposes of this title and be organized in such a way as to
34 maximize the continuity of responsibility, care and service of individ-
35 ual workers toward individual children and families. A social services
36 district shall have flexibility in assigning staff to the child protec-
37 tive service provided that each staff assigned to such service has the
38 staff qualifications and has received the training required by the
39 department regulations promulgated pursuant to subdivisions four and
40 five of section four hundred twenty-one of this title.
41 § 5. Section 426 of the social services law, as amended by section
42 11-a of part D of chapter 501 of the laws of 2012, is amended to read as
43 follows:
44 § 426. Annual reports. The commissioner shall prepare for inclusion in
45 the annual report required by subdivision (d) of section seventeen of
46 this chapter to be filed with the governor and the legislature prior to
47 December fifteenth of each year, a report on the operations of the state
48 central register of child abuse and maltreatment and the various local
49 child protective services. The report shall include a full statistical
50 analysis of the reports made to the central register together with a
51 report on the implementation of this title, his or her evaluation of
52 services offered under this chapter and his or her recommendations for
53 additional legislation to fulfill the purposes of this title. Such
54 report shall indicate the number of child abuse and maltreatment reports
55 and cases received by the statewide central register of child abuse and
56 maltreatment by each district in the preceding year, the number of such
S. 6227 3
1 cases determined to have been indicated and the number of such cases
2 determined to be unfounded by each district in the preceding year, the
3 number of such cases which have not been indicated or unfounded within
4 the time period required by subdivision seven of section four hundred
5 twenty-four of this [article] title by each district in the preceding
6 year [and]. Such report shall also include a monthly accounting by local
7 social services districts, of the total number of child protective
8 services workers [assigned to the child protective service in each
9 district in] with an indication of how many hold a supervisory position,
10 as well as the average number of active cases per child protective
11 services worker, with an indication of how many were in the initial
12 investigation stage at the time the information was collected for the
13 preceding year. Such report shall include, among other information,
14 available demographic information and available information concerning
15 the racial and ethnic characteristics of the family members and persons
16 served by the differential response program pursuant to section four
17 hundred twenty-seven-a of [the social services law] this title, as well
18 as available information concerning the racial and ethnic character-
19 istics of the family members and persons serviced under the traditional
20 child protective services program, in each local social services
21 district in the state.
22 § 6. This act shall take effect immediately; provided however sections
23 one, two, three and four of this act shall take effect on the seven
24 hundred thirtieth day after it shall have become a law; provided,
25 further, however that the amendments to section 153-k of the social
26 services law made by section two of this act shall not affect the repeal
27 of such section and shall be deemed repealed therewith.
