Pilot Family Services in Westchester

Section 1. Legislative intent. The legislature hereby finds and declares that the challenge facing this state's child protective services program demands that a bold new approach be tested to determine how this state can fulfill its obligations to protect and defend children, provide for their health, safety and welfare, and also make necessary services and assistance available to families in a less confrontational and intrusive manner, when circumstances so warrant. By establishing a system in Westchester county, where complaints of alleged child abuse and maltreatment are assigned to either an investigatory or a family assessment and services track, it is the intent of the legislature to study and review alternative methods of fulfilling those obligations and, at the same time, initiate the delivery of comprehensive family rehabilitative services to children and families.

§ 2. Short title. This act shall be known and may be cited as the "Westchester county dual track demonstration program".

§ 3. The social services law is amended by adding a new section 423-b to read as follows:

§ 423-b. Westchester county demonstration program to assess the feasibility of enhancing alternative child protective services through the use of a dual track approach. 1. (a) The office of children and family services is hereby authorized and directed to establish a demonstration program in Westchester county to address the feasibility of enhancing

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD04813-01-9

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alternative child protective services through the use of a dual track approach.

(b) Participation in the demonstration program by the Westchester county social services district (hereinafter in this section referred to as the "district") shall enable the district to assign complaints of alleged child abuse and maltreatment received by the statewide central register of child abuse and maltreatment, to one of two tracks:

(1) the investigative track, which operates in compliance with the other sections of this title; or

(2) the family assessment and services track, designed to increase family participation in voluntary services to improve family functioning and prevent repeat reports. Cases assigned to this track shall not be subject to the requirements otherwise applicable to cases reported to the statewide register of child abuse and maltreatment pursuant to this title, except as set forth in this section.

(c) The demonstration program authorized by this section shall be conducted for the period commencing January first, two thousand twenty and ending December thirty-first, two thousand twenty-three. The advisory council established by this section shall exist until June thirtieth, two thousand twenty-four.

(d) The district shall establish a local advisory council to assist it in implementing the dual track demonstration program and providing broad based input.

(1) The advisory council shall consist of nine members: six members to be appointed by the county of Westchester; one member to be appointed by the commissioner of the office of children and family services; one member to be appointed by the temporary president of the senate; and one member to be appointed by the speaker of the assembly. Members shall be appointed based upon their professional expertise, knowledge and experience in the area of child protective services. The advisory council shall be broadly representative of programs and services offered in connection with the provision of child protective services, advocacy groups and community members.

(2) Members of the council shall be appointed prior to the commencement of the demonstration program. The council shall advise and assist the county of Westchester in developing plans, policies and procedures relating to the conduct of the dual track child protective services demonstration program authorized in this section. The council shall undertake its duties as soon as practicable after appointment of the members so as to ensure its early intervention in assessing and advising with respect to the demonstration program. The council may consider any matter relating to improving the demonstration program and shall advise the county of Westchester and the office of children and family services on such matters.

2. (a) The commissioner of the office of children and family services shall develop an application format to be submitted by the county of Westchester. The commissioner of the office of children and family services shall permit the district broad discretion in planning and implementing its dual track demonstration program.

(b) In addition to such other information as the commissioner of the office of children and family services shall require to be included within the application format, the application format shall contain the following information:

(1) in conjunction with the office of children and family services requirements and the provisions of this section, the factors to be considered by the social services district in determining which cases

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will be addressed through the family assessment and services track, the size of the population and the geographic area to be the subject of the demonstration program;

(2) the types of services and interventions to be provided to families included in the family assessment and services track and a description of how the services will be offered;

(3) a description of the process to be followed for planning and monitoring the services provided under the family assessment and services track;

(4) a description of how the principles of family involvement and support consistent with maintaining the safety of the child will be implemented in the family assessment and services track;

(5) a description of how the dual track response system will enhance the ability of the district to protect children, maintain the safety of children and preserve families;

(6) a description of how the district will reduce the involvement of government agencies with families and maintain the safety of children through the use of community resources;

(7) a description of the staff resources proposed to be used in the family assessment and services track, including the proposed staff workloads and qualifications;

(8) a description of the training that will be provided to district and any non-district staff to be used in the demonstration program including, but not limited to, a description of the training involving maintaining the safety and well-being of children;

(9) a description of the community resources that are proposed to be used in the family assessment and services track; and

(10) a description of any additional funding that may be utilized to enhance the demonstration program.

3. The criteria for determining which cases may be placed in the assessment track under the demonstration program shall be determined by the local department of social services, in conjunction with the office of children and family services. Provided, however, that reports including any of the following allegations shall never be included in the assessment track of a demonstration program:

(a) reports alleging that the subject committed or allowed to be committed an offense defined in article one hundred thirty of the penal law;

(b) reports alleging that the subject allowed, permitted or encouraged a child to engage in any act described in sections 230.25, 230.30 and 230.32 of the penal law;

(c) reports alleging that the subject committed any of the acts described in section 255.25 of the penal law;

(d) reports alleging that the subject allowed a child to engage in acts or conduct described in article two hundred sixty-three of the penal law;

(e) reports alleging that the subject committed assault in the first, second or third degree against a child;

(f) reports alleging that the subject committed or attempted to commit murder or manslaughter in the first or second degree;

(g) reports alleging that the subject abandoned a child pursuant to subdivision five of section three hundred eighty-four-b of this article;

(h) reports alleging that the subject has subjected a child to severe or repeated abuse as those terms are defined in paragraphs (a) and (b) of subdivision eight of section three hundred eighty-four-b of this article; and

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(i) reports alleging that the subject has neglected a child so as to substantially endanger the child's physical or mental health, including a growth delay, which may be referred to as failure to thrive, that has been diagnosed by a physician and is due to parental neglect.

4. The following procedures shall be followed for all cases included in the family assessment and services track:

(a) Reports taken at the statewide central register of child abuse and maltreatment shall be transmitted to the district.

(b) The district shall, consistent with the criteria developed pursuant to subdivision three of this section, identify those reports which are initially eligible to be included in the family assessment and services track.

(c) For those reports which are included in the family assessment and services track, the social services district shall not be subject to the requirements of this title concerning initial investigation of reports of suspected abuse and maltreatment of children, including notification requirements. For reports assigned to the family assessment and services track, the social services district shall be responsible for ensuring that the children are safe in their homes. Such safety check shall be commenced within twenty-four hours of receipt of the report and completed within seven days. Based on the initial safety check, the district shall determine if the report shall continue under the demonstration program. This safety check must be documented in the manner specified by the office of children and family services. Should the children be found to be safe in the home, the social services district shall then identify service needs and family issues, if any, that should be addressed.

(1) Where the social services district determines, based on the initial safety check, that the report is appropriate to be included in the family assessment and services track, the social services district shall document the reason for that determination in the initial safety check and inform the statewide central register of child abuse and maltreatment that the report is part of the family assessment and services track and request that the records of the statewide central register of child abuse and maltreatment of such report be classified as an assessment track case and be legally sealed in accordance with the provisions of subdivision five of section four hundred twenty-two of this title. Such sealed reports shall be maintained at the statewide central register of child abuse and maltreatment for ten years after the report was made.

(2) Where the social services district determines, based on the initial safety check, to investigate the report as a report of suspected child abuse or maltreatment, the social services district shall document the reason for that decision in the initial safety check. Where the social services district makes the determination to investigate the report, all of the requirements of this title concerning investigations of reports of suspected child abuse and maltreatment shall apply, including the notification requirements. The report shall no longer be eligible to be included in the family assessment and services track.

(d) Where the social services district has determined that a case is appropriate to be included in the family assessment and services track, the district's activities shall include, at a minimum, the following:

(1) the provision of written notice to each parent, guardian or other person legally responsible for the child or children participating in the family assessment and services track explaining that it is the intent of the social services district to meet the needs of the family

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without engaging in a traditional child protective services investigation. The notice shall also explain that the workers assisting the family in the family assessment and services track are mandated reporters who are required to report suspected child abuse or maltreatment and that those workers may be required to report new information that they receive in their work with the family if that information gives them reasonable cause to suspect that a child in the family is an abused or maltreated child;

(2) an examination, with the family, of the family's strengths, concerns and needs;

(3) where appropriate, an offer of assistance which shall include case management that is supportive of family stabilization;

(4) the planning and provision of services responsive to the service needs of the family; and

(5) an on-going joint evaluation and assessment of the family's progress.