S T A T E O F N E W Y O R K
________________________________________________________________________
7969
2009-2010 Regular Sessions
I N A S S E M B L Y
April 30, 2009
___________
Introduced by M. of A. SCARBOROUGH, JAFFEE, ESPAILLAT, MILLMAN, TITONE,
JOHN, CASTRO, STIRPE, CLARK, LUPARDO -- Multi-Sponsored by -- M. of A.
BARRON, GALEF, GUNTHER, MAGEE, MAISEL, McENENY, MENG, SCHIMEL, WEISEN-
BERG -- (at request of the Council on Children & Families) -- read
once and referred to the Committee on Children and Families
AN ACT to amend the social services law, in relation to coordinated
children's services for children and youth with cross-system needs
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 483-c of the social services law, as added by
section 2 of part F-2 of chapter 62 of the laws of 2003, is amended to
read as follows:
S 483-c. Coordinated children's services for children with [emotional
and/or behavioral disorders] CROSS-SYSTEM NEEDS. 1. Purpose. The
purpose of this section shall be to establish a coordinated system of
care for children [with emotional and behavioral disorders] AND YOUTH,
and their families, who require assistance from multiple agency systems
to [appropriately maintain] ENABLE such children AND YOUTH TO REMAIN
with their families, in their communities and in their local school
systems, AND TO THEREBY REDUCE INAPPROPRIATE AND COSTLY RESIDENTIAL
PLACEMENTS. Such INTEGRATED system of care shall provide for the effec-
tive collaboration among state and local health, mental hygiene, educa-
tion, CHILD WELFARE, juvenile justice, probation [of care] and other
human services agencies [directed at improving] TO IMPROVE outcomes for
children [with emotional and/or behavioral disorders and their families
leading to full participation in their communities and schools. This
shall include children with co-occurring disorders. The absence of coor-
dinated care often results in inappropriate and costly institutional
placements and limited community-based services that support maintaining
the child in the community] AND YOUTH WHOSE SIGNIFICANT EMOTIONAL,
DEVELOPMENTAL, INTELLECTUAL, PHYSICAL, SOCIAL AND/OR BEHAVIORAL CHAL-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
A LBD07461-03-9
A. 7969 2
LENGES REQUIRE THE INTEGRATION OF FAMILY-CENTERED INDIVIDUALIZED
SUPPORTS AND SERVICES ACROSS MULTIPLE CHILD-SERVING SYSTEMS. SUCH
SYSTEM OF CARE SHALL BE DESIGNED TO BE CULTURALLY AND LINGUISTICALLY
COMPETENT AT EVERY LEVEL OF CARE. Establishing the coordinated chil-
dren's services initiative statewide is intended to improve the manner
in which services of multiple systems are delivered and to eliminate
barriers to a coordinated system of care.
2. Definitions. As used in this section:
(a) "Child [with an emotional and/or behavioral disorder] OR YOUTH
WITH CROSS-SYSTEM NEEDS" shall mean a person [under eighteen years of
age, or a person under twenty-one years of age who has not completed
secondary school, who has a mental illness, as defined in subdivision
twenty of section 1.03 of the mental hygiene law, or is classified as a
student with a disability pursuant to article eighty-nine of the educa-
tion law or section 504 of the federal rehabilitation act, or is consid-
ered to have a serious emotional or behavioral problem, as considered by
a tier I and/or tier II team representative pursuant to this section.
Such term shall include children with co-occurring disorders] WHO HAS
SIGNIFICANT EMOTIONAL, DEVELOPMENTAL, INTELLECTUAL, PHYSICAL, SOCIAL
AND/OR BEHAVIORAL CHALLENGES THAT REQUIRE THE INTEGRATION OF FAMILY-CEN-
TERED INDIVIDUALIZED SUPPORTS AND SERVICES FROM TWO OR MORE STATE
DEPARTMENTS OR AGENCIES.
(b) "Individualized family support plan" shall mean a plan developed
in conjunction with the family through a strength-based child and family
assessment containing a summary of the strengths, needs and goals of a
child OR YOUTH with [an emotional and/or behavioral disorder] CROSS-SYS-
TEM NEEDS, and the services and supports agreed to by the child OR
YOUTH, family and the [tier I] FAMILY-BASED team representatives. SUCH
PLAN SHALL BE CULTURALLY AND LINGUISTICALLY COMPETENT.
(c) "Family" shall mean, when appropriate, a child OR YOUTH with [an
emotional and/or behavioral disorder] CROSS-SYSTEM NEEDS, his or her
parents or those in parental relationship to the child OR YOUTH, blood
relatives and extended family, including non-relatives identified by the
child OR YOUTH and/or HIS OR HER parents OR THOSE IN A PARENTAL
RELATIONSHIP TO HIM OR HER. Nothing in this section shall be construed
to deny the child OR YOUTH, his or her parents or those persons in
parental relationship to [the] SUCH child OR YOUTH of any rights [they
are] HE OR SHE IS otherwise entitled to by law.
(d) "County" shall mean a county, except in the case of a county that
is wholly included within a city, such term shall mean such city.
(e) "Family [support] representative" shall mean [a volunteer who is
also] a parent [or primary caregiver of] OR PERSON IN A PARENTAL
RELATIONSHIP TO a child OR YOUTH with [an emotional and/or behavioral
disorder] CROSS-SYSTEM NEEDS. The family [support] representative shall
assist families throughout the process of developing and implementing
[an] individualized family support [plan] PLANS as defined in this
section.
(F) "YOUTH REPRESENTATIVE" SHALL MEAN A YOUTH WHO IS CURRENTLY, OR WAS
PREVIOUSLY, ENGAGED WITH ONE OR MORE CHILD- AND FAMILY-SERVING HUMAN
SERVICE SYSTEMS. THE YOUTH REPRESENTATIVE SHALL ASSIST YOUTH AND FAMI-
LIES IN THE DEVELOPMENT OF INDIVIDUALIZED FAMILY SUPPORT PLANS AS
DEFINED IN THIS SECTION.
3. [Interagency] COORDINATED CHILDREN'S SERVICES INITIATIVE structure;
ROLES AND RESPONSIBILITIES. (a) [There shall be established a three
tiered interagency structure, as follows:
A. 7969 3
(i) State tier III team. There is hereby established a state team
designated as the "tier III team", which shall consist of the chair of
the council, the commissioners of children and family services, mental
health, health, education, alcohol and substance abuse services, and
mental retardation and developmental disabilities, and the director of
probation and correctional alternatives, or their designated represen-
tatives, and representatives of families of children with emotional
and/or behavioral disorders. Other representatives may be added at the
discretion of such team.
(ii) County tier II team] THERE IS HEREBY ESTABLISHED WITHIN THE COUN-
CIL ON CHILDREN AND FAMILIES A COORDINATED CHILDREN'S SERVICES INITI-
ATIVE COMMITTEE (HEREINAFTER REFERRED TO IN THIS SECTION AS "COMMITTEE")
COMPOSED OF THE COMMISSIONER OF CHILDREN AND FAMILY SERVICES, THE
COMMISSIONER OF MENTAL HEALTH, THE COMMISSIONER OF MENTAL RETARDATION
AND DEVELOPMENTAL DISABILITIES, THE COMMISSIONER OF HEALTH, THE COMMIS-
SIONER OF EDUCATION, THE COMMISSIONER OF ALCOHOLISM AND SUBSTANCE ABUSE
SERVICES, THE COMMISSIONER OF TEMPORARY AND DISABILITY ASSISTANCE, THE
DIRECTOR OF PROBATION AND CORRECTIONAL ALTERNATIVES, AND THE CHAIR OF
THE COMMISSION ON QUALITY OF CARE AND ADVOCACY FOR PERSONS WITH DISABIL-
ITIES. THE COMMITTEE SHALL ALSO CONSIST OF YOUTH AND FAMILIES REPRESENT-
ING CHILDREN WITH CROSS-SYSTEM NEEDS, WHO SHALL BE CHOSEN BY THE PARTIC-
IPATING STATE AGENCIES. OTHER REPRESENTATIVES MAY BE ADDED UPON A
MAJORITY VOTE BY THE COMMITTEE. THE COMMITTEE, WHICH SHALL BE CHAIRED
BY THE EXECUTIVE DIRECTOR OF THE COUNCIL, SHALL:
(I) ESTABLISH CROSS-SYSTEMS PRIORITIES;
(II) DEVELOP SHARED PRINCIPLES OF OPERATION, INCLUDING BUT NOT LIMITED
TO A SYSTEM OF CARE THAT IS CULTURALLY AND LINGUISTICALLY COMPETENT;
(III) ADDRESS CROSS-SYSTEMS BARRIERS; AND
(IV) DEVELOP A REPORTING MECHANISM IN COLLABORATION WITH THE REGIONAL
AND COUNTY TEAMS TO TRACK OUTCOMES ACHIEVED BY THE COORDINATED CHIL-
DREN'S SERVICES INITIATIVE.
(B) COORDINATED CHILDREN'S SERVICES REGIONAL TEAMS (HEREINAFTER
REFERRED TO IN THIS SECTION AS "REGIONAL TEAMS"). THE COMMITTEE SHALL
ESTABLISH REGIONAL TEAMS. MEMBERSHIP ON THE REGIONAL TEAMS SHALL INCLUDE
REGIONAL STAFF OF PARTICIPATING STATE AGENCIES, AS WELL AS FAMILY AND
YOUTH REPRESENTATIVES. THE REGIONAL TEAMS SHALL:
(I) ACT AS A LIAISON BETWEEN THE COMMITTEE AND COUNTY TEAMS;
(II) ASSIST WITH THE RESOLUTION OF CROSS-SYSTEMS BARRIERS;
(III) PROVIDE CROSS-SYSTEMS TRAINING AND TECHNICAL ASSISTANCE ON A
LOCAL AND REGIONAL LEVEL; AND
(IV) PROMOTE SERVICES THAT ARE CULTURALLY AND LINGUISTICALLY COMPE-
TENT.
(C) COORDINATED CHILDREN'S SERVICES COUNTY TEAMS (HEREINAFTER REFERRED
TO IN THIS SECTION AS "COUNTY TEAMS"). A county, or consortium of coun-
ties, choosing to participate in the coordinated children's services
initiative shall establish an interagency team consisting of, but not
limited to, the local commissioners or leadership assigned by the chief
elected official responsible for the local health, mental hygiene, juve-
nile justice, probation and other human services systems. The education
system shall be represented, AT A MINIMUM, by the district superinten-
dent of the board of cooperative educational services, or his or her
designee, and in the case of the city of New York, by the chancellor of
the city school district of the city of New York, or his or her desig-
nee, and appropriate local school district representatives as determined
by the district superintendent of the board of cooperative educational
services or such chancellor. Such team shall [be sensitive to issues of
A. 7969 4
cultural competence, and shall] include representatives of families of
children AND YOUTH with [an emotional and/or behavioral disorder]
CROSS-SYSTEM NEEDS. Regional state agency representatives may partic-
ipate when requested by such team.
[(iii) Family-based tier I team. Tier II] TEAMS SHALL COORDINATE THE
COORDINATED CHILDREN'S SERVICES INITIATIVE AT THE LOCAL LEVEL. SUCH TEAM
SHALL:
(I) COORDINATE CROSS-SYSTEMS TRAINING AND PROVIDE LINKAGES TO OTHER
COUNTY AND SCHOOL DISTRICT PLANNING FOR CHILDREN;
(II) ADDRESS LOCAL AND REGIONAL BARRIERS TO THE COORDINATION OF
SERVICES;
(III) REPORT ON STATE LEVEL BARRIERS TO THE EFFECTIVE DELIVERY OF
COORDINATED SERVICES;
(IV) REPORT ON OUTCOMES USING THE MECHANISM DEVELOPED BY THE
STATE-LEVEL COORDINATED CHILDREN'S SERVICES INITIATIVE COMMITTEE;
(V) IMPLEMENT THE GOALS AND PRINCIPLES OF THE COORDINATED CHILDREN'S
SERVICES INITIATIVE;
(VI) ENSURE THAT SERVICES ARE CULTURALLY AND LINGUISTICALLY COMPETENT;
AND
(VII) MAKE MONIES AVAILABLE CONSISTENT WITH SUBDIVISION FIVE OF THIS
SECTION.
(D) COORDINATED CHILDREN'S SERVICES FAMILY-BASED TEAMS (HEREINAFTER
REFERRED TO IN THIS SECTION AS "FAMILY TEAMS"). COUNTY teams, in cooper-
ation with a child OR YOUTH with [an emotional and/or behavioral disor-
der] CROSS-SYSTEM NEEDS and his or her family, shall establish intera-
gency teams to work with such child OR YOUTH and family to develop an
individualized, strength-based family support plan and coordinate inter-
agency services agreed to in such plan. Such teams shall include such
child OR YOUTH and family and, based on the needs of the child OR YOUTH
and family, should also include a family support representative, repre-
sentatives from the mental hygiene, education, CHILD WELFARE, juvenile
justice, probation, health, and other county child and family services
systems.
[(b) Roles and responsibilities of teams. (i) The state tier III team
shall coordinate statewide implementation of the coordinated children's
services initiative. Such team shall:
(A) coordinate planning across the health, mental hygiene, education,
juvenile justice, probation and human services systems;
(B) address barriers to the effective delivery of local interagency
services;
(C) coordinate the provision of technical assistance and training for
the effective implementation of the coordinated children's services
initiative;
(D) develop an appropriate reporting mechanism to track the outcomes
being achieved. Such mechanism shall be developed in concert with
participating counties; and
(E) report results and recommendations for change to the governor,
legislature and state board of regents, as appropriate.
(ii) The tier II teams shall coordinate the coordinated children's
services initiative at the local level. Such team shall:
(A) coordinate cross-systems training and provide linkages to other
county and school district planning for children;
(B) address local/regional barriers to the coordination of services;
(C) report on state level barriers to the effective delivery of coor-
dinated services and recommended changes to the state tier III team;
A. 7969 5
(D) report on outcomes using the mechanism developed by the state tier
III team;
(E) implement the goals and principles of the coordinated children's
services initiative; and
(F) make monies available consistent with subdivision five of this
section.
(iii) Each tier I team shall work collaboratively with the family to
develop an individualized family support plan that is:
(A) family-focused and family driven;
(B) built on child and family strengths; and
(C) comprehensive, including appropriate services and supports from
appropriate systems and natural supports from the community.] EACH TEAM
SHALL WORK COLLABORATIVELY WITH THE FAMILY TO DEVELOP AN INDIVIDUALIZED
FAMILY SUPPORT PLAN THAT IS:
(I) FAMILY FOCUSED AND FAMILY DRIVEN;
(II) BUILT ON CHILD AND FAMILY STRENGTHS;
(III) CULTURALLY AND LINGUISTICALLY COMPETENT; AND
(IV) COMPREHENSIVE, INCLUDING APPROPRIATE SERVICES AND SUPPORTS FROM
APPROPRIATE SYSTEMS AND NATURAL SUPPORTS FROM THE COMMUNITY.
4. Goals and principles of operation. (a) Goals. The coordinated chil-
dren's services initiative shall enable children AND YOUTH with
[emotional and/or behavioral disorders] CROSS-SYSTEM NEEDS, whenever
appropriate [for the child and family] to:
(i) reside with their families;
(ii) live and participate successfully in their communities;
(iii) attend and be successful in their local school systems; and
(iv) grow towards becoming independent, contributing members of the
community.
(b) Principles of operation. The [tier III and II] COORDINATED CHIL-
DREN'S SERVICES INITIATIVE COMMITTEE AND teams shall provide a system
for serving children AND YOUTH with [emotional and/or behavioral disor-
ders] CROSS-SYSTEM NEEDS that is:
(i) community-based, allowing children and families to receive
services close to their home;
(ii) culturally AND LINGUISTICALLY competent;
(iii) individualized and strengths-based in approach;
(iv) family friendly, involving the family as full and active partners
at every level of decision making, including policy development, plan-
ning, treatment and service delivery;
(v) comprehensive, involving all appropriate parties, including but
not limited to the family, child OR YOUTH, YOUTH AND FAMILY REPRESEN-
TATIVES, natural supports, provider agencies and other necessary commu-
nity services;
(vi) funded through multiple systems with flexible funding mechanisms
that support creative approaches;
(vii) unconditionally committed to the success of each child OR YOUTH;
and
(viii) accountable with respect to use of agreed on and measured
outcomes.
5. Funding. Counties and school districts, including boards of cooper-
ative educational services as requested by component school districts,
choosing to participate in the coordinated children's services initi-
ative, unless expressly prohibited by law, shall have the authority to:
(a) combine state and federal resources of the participating county
and educational agencies to provide services to groups or individual
children OR YOUTHS and their families necessary to maintain children
A. 7969 6
[with emotional and/or behavioral disorders] AND YOUTH, WHO HAVE SIGNIF-
ICANT EMOTIONAL, DEVELOPMENTAL, INTELLECTUAL, PHYSICAL, SOCIAL AND/OR
BEHAVIORAL CHALLENGES THAT REQUIRE THE INTEGRATION OF FAMILY-CENTERED
INDIVIDUALIZED SUPPORTS AND SERVICES ACROSS MULTIPLE CHILD-SERVING
SYSTEMS, in their homes, communities and schools, and support families
in achieving this goal, as long as the use of the funds is consistent
with the purposes for which they were appropriated; and
(b) apply flexibility in use of funds, pursuant to an individualized
family-support plan, or for collaborative programs, an agreement among
the county, city and school districts or the board of cooperative educa-
tional services, monies combined pursuant to paragraph (a) of this
subdivision may be used to allow flexibility in determining and applying
interventions that will address the unique needs of the family. The
[tier III team] COORDINATED CHILDREN'S SERVICES INITIATIVE COMMITTEE
shall develop guidelines for the flexible use of funds in implementing
an individualized family support plan.
6. Administration and reports. (A) The [council shall be responsible
for the administration of the provisions of this section.
(a) The tier III team] COMMITTEE shall submit a report [to the coun-
cil] detailing the effectiveness in reaching the goals and objectives of
the program established by this section. Such report shall include
recommendations, based on the experience gained pursuant to the
provisions of this article, for modifying statewide policies, regu-
lations or statutes. [The council shall forward such] SUCH report SHALL
BE SUBMITTED to the governor, the legislature and the state board of
regents on or before the first day of [July] NOVEMBER of each year[,
including the recommendations of the tier III members regarding the
feasibility and implications of implementing the recommendations].
(b) The [tier III team] COORDINATED CHILDREN'S SERVICES INITIATIVE
COMMITTEE shall have authority to receive funds and work within agency
structures, as agreed to by member agencies, to administer funds for the
purposes of carrying out its responsibilities.
(c) [Parents and representatives of families] YOUTH AND FAMILY REPRE-
SENTATIVES, who are not compensated for [attendance] PARTICIPATION as
part of their employment, shall be compensated for their [tier III team]
COORDINATED CHILDREN'S SERVICES INITIATIVE COMMITTEE participation and
reimbursed for actual expenses, including, but not limited to, child
care.
7. Confidentiality. (a) Notwithstanding any other provision of state
law to the contrary, [tier I, II and III] team participants in the coor-
dinated children's services system shall have access to case record and
related treatment information as necessary to support the purposes of
this section, to the extent permitted by federal law.
(b) [Tier I, II and III] ALL COORDINATED CHILDREN'S SERVICES team
participants shall protect the confidentiality of all individual identi-
fying case record and related treatment information, and prevent access
thereto, by, or the distribution thereof to, other persons not author-
ized by State or federal law.
S 2. This act shall take effect immediately.