senate Bill S1398

Amended

Relates to guidelines and standards for child protective services caseworker workloads

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO SOCIAL SERVICES
  • 08 / Jan / 2014
    • REFERRED TO SOCIAL SERVICES
  • 29 / Jan / 2014
    • AMEND AND RECOMMIT TO SOCIAL SERVICES
  • 29 / Jan / 2014
    • PRINT NUMBER 1398A

Summary

Relates to guidelines and standards for child protective services caseworker workloads.

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Bill Details

See Assembly Version of this Bill:
A2582
Versions:
S1398
S1398A
Legislative Cycle:
2013-2014
Current Committee:
Senate Social Services
Law Section:
Social Services Law
Laws Affected:
Amd ยงยง20-a & 423, Soc Serv L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1598A, A7148A
2009-2010: S4765A, A3473B
2007-2008: A9010A

Sponsor Memo

BILL NUMBER:S1398

TITLE OF BILL: An act to amend the social services law, in relation
to standards for workloads for child protective services caseworkers

PURPOSE: The purpose of this bill is to lift the existing prohibition
on the state creation of workload standards for Child Protective
Services (CPS), foster care, preventive services and adoption
services. The bill would require Office of Children and Family
Services to set workload standards for CPS by October 1, 2015. Require
every social services district to be in compliance with established
workload standards by January 1, 2019.

SUMMARY OF PROVISIONS: The office of Children and Family Services
would established workload standards, based on the New York State
workload study that was funded in the SPY 2006-07 budget. Localities
would have until January 1, 2018 to come into compliance with the
required standards and no locality would be require to increase its
workforce by more than 25% in any given state fiscal year.

JUSTIFICATION: Current state law prohibits the state from
establishing workload standards for workers in child protective
service, foster care, preventive services and adoption services
agencies. Testimony by caseworkers made it extremely clear that the
current workloads for caseworkers are significantly high and are
inconsistent with the national workload standards for caseworkers.

In addition, the workload study conducted by the Office of Children
and Family Services indicated that the high case loads for New York
State's child protective and foster care workers, impede the
caseworkers ability to conduct quality face-to-face time with the
children in their care.

To ensure the protection of the most vulnerable in our society, the
state must be allowed to established workload standards that are
equitable and consistent across the state.

LEGISLATIVE HISTORY:
2009-2010: Died in Committee
2011-2012: S.1598-A - Died in Committee

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect immediately; provided
however, that the amendments to paragraph (c) of subdivision 1 of
section 423 of the social services law made by section two of this act
shall take effect October 1, 2016.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1398

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  MONTGOMERY,  HASSELL-THOMPSON  --  read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Social Services

AN  ACT  to  amend the social services law, in relation to standards for
  workloads for child protective services caseworkers

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 20-a of the social services law, as added by chap-
ter 107 of the laws of 1971, is amended to read as follows:
  S 20-a.  Local personnel; limitations on department's power.  Notwith-
standing any inconsistent provision of  this  chapter,  the  board,  the
commissioner  or  the  department, acting singly or in unison, shall not
have the power, directly  or  indirectly  to  prescribe  the  number  of
persons  to  be  employed  in any social services district providing the
district complies with the minimum federal standards  relating  thereto.
PROVIDED, HOWEVER, THAT THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL
HAVE THE AUTHORITY TO PROMULGATE REGULATIONS THAT SET WORKLOAD STANDARDS
FOR  CHILD  PROTECTIVE  SERVICES,  FOSTER  CARE, PREVENTIVE SERVICES AND
ADOPTION SERVICES, WHICH STANDARDS ARE BASED ON THE NEW YORK STATE WORK-
LOAD STUDY. THE OFFICE SHALL SET WORKLOAD STANDARDS FOR CHILD PROTECTIVE
SERVICES BY OCTOBER FIRST, TWO THOUSAND SIXTEEN.   NO  COUNTY  SHALL  BE
REQUIRED  TO  INCREASE ITS CHILD PROTECTIVE WORKFORCE BY MORE THAN TWEN-
TY-FIVE PERCENT IN ANY GIVEN STATE  FISCAL  YEAR,  PROVIDED  THAT  EVERY
SOCIAL SERVICES DISTRICT SHALL COME INTO COMPLIANCE WITH THE ESTABLISHED
WORKLOAD STANDARDS BY JANUARY FIRST, TWO THOUSAND TWENTY.
  S  2.  Paragraph  (c)  of  subdivision  1 of section 423 of the social
services law, as amended by chapter 83 of the laws of 1995,  is  amended
to read as follows:
  (c)  The  child  protective  service shall have a sufficient staff, AS
REQUIRED BY CASELOAD STANDARDS ESTABLISHED BY THE OFFICE OF CHILDREN AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02730-01-3

S. 1398                             2

FAMILY SERVICES, of sufficient qualifications to fulfill the purposes of
this title and be organized in such a way as to maximize the  continuity
of  responsibility,  care and service of individual workers toward indi-
vidual  children  and  families.  A  social services district shall have
flexibility in assigning staff to the child protective service  provided
that  each  staff  assigned to such service has the staff qualifications
and has received the training required by the  [department]  regulations
promulgated  BY  THE  OFFICE OF CHILDREN AND FAMILY SERVICES pursuant to
subdivisions four and five of section four hundred  twenty-one  of  this
title.
  S  3.  This  act shall take effect immediately; provided however, that
the amendments to paragraph (c) of subdivision 1 of section 423  of  the
social  services  law  made by section two of this act shall take effect
October 1, 2016.

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