Makes provisions relating to the investigation of child abuse and maltreatment in foster family homes

Summary of provisions

Paragraph A of section 422 of subdivision 4 of the Social Services Law would be amended to permit the Office of Children and Families Services to receive records and reports maintained in the Statewide Central Register of abuse and maltreatment operated in a home operated or supervised by the Office of Children and Family Services for a youth who has been alleged to be abused or maltreated while residing in the home. It also provides for the appropriate committee of the local legislative body of the City of New York to receive such information upon request for cases occurring in agencies operated under the jurisdiction of the City of New York. Section 424-b of the Social Services Law would be amended to transfer the responsibility for conducting child abuse investigations at foster family homes operated or supervised by the Office of Children and Family Services to the social services district where the home is located.

Subdivision 13 of Section 501 of the Executive Law is amended to require the Office of Children and Family Services to cooperate with a social services district's investigation of alleged abuse or maltreatment of a child in a home operated or supervised by the Office of Children and Family Services, to make available to the Department of Social Services and local social services districts records and reports relevant to such investigation, to consider the recommendation of the local district and to take corrective action. Subdivision 4 of section 372 of the Social Services Law would be amended to authorize the local legislative body of the City of New York to receive information pursuant to this section with regard to cases of child abuse in agencies operated under the jurisdiction of the City of New York.

Justification

The Office of Children and Family Services operates or supervises foster family homes for youth placed with the Office of Children and Family Services and supervises foster family homes operated as detention facilities and as approved runaway and homeless youth facilities. These facilities are located throughout the state. The Child Abuse Prevention Act requires the Office of Children and Family Services to conduct investigations wherever there is a report of abuse or maltreatment involving a child being cared for in a home operated or supervised by the Office of Children and Family Services. Although the number of reported cases is very small, the Office of Children and Family Services generally would have to send an investigator from Central Office or one of the Office of Children and Family Service's field offices to the foster family home to conduct the investigation. This unduly delays the prompt action that is necessary for a thorough and effective response. Social Services offices are locally situated, therefore their ability to respond to such allegations is expedited. Additionally, the Office of Children and Family Services has no special staff to conduct such investigations. Presently, the Office of Children and Family Services must train employees to conduct child abuse investigations in addition to their normal job duties. The local handling of these matters is not burdensome. There are less than ten investigations conducted statewide by the Office of Children and Family Services per year. This burden is clearly outweighed by the need to immediately respond and take appropriate action in child abuse cases. This bill also provides statutory safeguards which are included to insure cooperation between the Office of Children and Family Services and social services districts, appropriate access to records and reports and to facilitate appropriate corrective action. Finally, by providing the local legislative body of the City of New York with investigative authority over City child care agencies similar to the State Legislature's investigative authority in this area, this bill would provide the City Council with the means necessary to carry out its charter-mandated, legislative oversight of these agencies.

Fiscal implications

There will be some cost savings to the State.

Effective date

This act shall take effect immediately.