What's happening
This bill requires every social services district in New York to implement a differential response program for child protection, including protocols to remove implicit bias.
Why it matters
Mandates statewide implementation. By requiring every social services district—not just those who opt in—to adopt a differential response program, the bill ensures a uniform, alternative approach to child protection cases across New York, potentially reducing inconsistencies and gaps in family services.
Addresses implicit bias. The legislation specifically requires districts to develop and include protocols aimed at removing implicit bias from decision-making about which child protection cases are assigned to the differential response track, aiming to reduce racial and socioeconomic disparities in child welfare interventions.
Increases transparency and oversight. The bill directs that each district’s plan for implementing differential response programs be posted publicly on the Office of Children and Family Services website, allowing for community scrutiny and accountability.
Establishes clear timelines and criteria. By setting deadlines for districts to submit and gain authorization for their programs, and by specifying that exclusion criteria (such as for certain serious allegations) and anti-bias protocols must be included, the bill promotes timely, standardized, and fair implementation.
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Who cares
Local social services districts
Each district would have to submit a differential response plan by January 1, 2027, for authorization to operate before January 1, 2028, rather than choosing whether to participate.
Families facing maltreatment allegations
Eligible cases could be handled through a family assessment and services track instead of a traditional investigation, with required protocols to remove implicit bias from case-selection decisions.
Office of Children and Family Services
The agency would authorize district programs, set requirements for case-selection criteria and post each approved implementation plan online within 60 days of approval.
Office for the Prevention of Domestic Violence
The office would be consulted on authorization criteria and local criteria for deciding which cases may enter the assessment track.
Headline styles
Expand Child Protection Programs
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to children and families
- Referred to children and families
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
619
2025-2026 Regular Sessions
IN ASSEMBLY (Prefiled)
January 8, 2025
Introduced by M. of A. HEVESI -- read once and referred to the Committee on Children and Families
AN ACT to amend the social services law, in relation to differential response programs for child protection assessments or investigations
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 427-a of the social services law, as amended by chapter 45 of the laws of 2011, is amended to read as follows:
1. [Any] Each social services district [may] shall, upon the authorization of the office of children and family services, establish a program that implements differential responses to reports of child abuse and maltreatment. Such programs shall create a family assessment and services track as an alternative means of addressing certain matters otherwise investigated as allegations of child abuse or maltreatment pursuant to this title. Notwithstanding any other provision of law to the contrary, the provisions of this section shall apply only to those cases involving allegations of [abuse or] maltreatment in family settings expressly included in the family assessment and services track of the authorized differential response program[, and only in those social services districts authorized by the office of children and family services to implement a differential response program]. Such cases shall not be subject to the requirements otherwise applicable to cases reported to the statewide central register of child abuse and maltreatment pursuant to this title, except as set forth in this section.
§ 2. The opening paragraph and paragraph (a) of subdivision 2 of section 427-a of the social services law, as added by chapter 452 of the laws of 2007, are amended to read as follows:
[Any] Each social services district [interested in implementing a differential response program] shall [apply] submit a plan to the office
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01353-01-5
of children and family services on or before January first, two thousand twenty-seven for [permission to participate] authorization to operate a program pursuant to subdivision one of this section prior to January first, two thousand twenty-eight. The criteria for [a social services district to participate] authorization will be determined by the office of children and family services after consultation with the office for the prevention of domestic violence[,]; however the social services district's [application must include a] plan [setting] shall set forth the following:
(a) in conjunction with any additional requirements imposed by the office of children and family services and the provisions of this subdivision, the factors to be considered by the social services district in determining which cases will be addressed through the family assessment and services track and the size of the population to be the subject of the differential response program and the protocols that will be in place to remove implicit bias from the decision-making process in determining which cases will be subject to the differential response;
§ 3. The opening paragraph of subdivision 3 of section 427-a of the social services law, as added by chapter 452 of the laws of 2007, is amended to read as follows:
The criteria for determining which cases may be placed in the assessment track shall be determined by the local department of social services, in conjunction with and in accordance with requirements set forth by the office of children and family services and after consultation with the office for the prevention of domestic violence. Provided, however, that such criteria shall include protocols to remove implicit bias in the decision-making process. Provided further, however, that reports including any of the following allegations shall not be included in the assessment track of a differential response program:
§ 4. Subdivision 7 of section 427-a of the social services law, as added by chapter 452 of the laws of 2007, is amended to read as follows:
7. The office of children and family services shall post [the] each plan [contained in any application approved] for implementation of a differential response program on the office of children and family services website within sixty days of such approval.
§ 5. This act shall take effect on the one hundred eightieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.
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