S T A T E O F N E W Y O R K
________________________________________________________________________
8108--A
2011-2012 Regular Sessions
I N A S S E M B L Y
June 1, 2011
___________
Introduced by M. of A. PAULIN -- read once and referred to the Committee
on Children and Families -- reported and referred to the Committee on
Codes -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the social services law, in relation to access to
records of the differential response program for child protection
assessments or investigations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (c) of subdivision 4 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:
(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] ASSESS-
MENT shall be commenced within twenty-four hours of receipt of the
report and completed within seven days. Based on the initial safety
[check] ASSESSMENT, the district shall determine if the report shall
continue under the family assessment and services track. This safety
[check] ASSESSMENT 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.
(i) Where the social services district determines, based on the
initial safety [check] ASSESSMENT, 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11907-08-1
A. 8108--A 2
the initial safety [check] ASSESSMENT 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 paragraph (a) 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. ACCESS TO REPORTS
ASSIGNED TO, AND RECORDS CREATED UNDER THE FAMILY ASSESSMENT AND
SERVICES TRACK AND INFORMATION CONCERNING SUCH REPORTS AND RECORDS IS
GOVERNED BY PARAGRAPH (D) OF SUBDIVISION FIVE OF THIS SECTION.
(ii) Where the social services district determines, based on the
initial safety [check] ASSESSMENT, 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] ASSESSMENT. Where the social services district makes the deter-
mination 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 assess-
ment and services track.
S 2. Paragraph (b) of subdivision 5 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:
(b) All records created as part of the family assessment and services
track shall include, but not be limited to, documentation of the initial
safety [check] ASSESSMENT, the examination of the family's strengths,
concerns and needs, all services offered and accepted by the family, the
plan for supportive services for the family, all evaluations and assess-
ments of the family's progress, and all periodic risk assessments.
S 3. Subdivision 5-a of section 422 of the social services law, as
added by chapter 452 of the laws of 2007, is amended to read as follows:
5-a. Upon notification from a local social services district, that a
report is part of the family assessment and services track pursuant to
subparagraph (i) of paragraph (c) of subdivision four of section four
hundred twenty-seven-a of this title, the central register shall forth-
with identify the report as an assessment track case and legally seal
such report. ACCESS TO REPORTS ASSIGNED TO, AND RECORDS CREATED UNDER
THE FAMILY ASSESSMENT AND SERVICES TRACK AND INFORMATION CONCERNING SUCH
REPORTS AND RECORDS IS GOVERNED BY PARAGRAPH (D) OF SUBDIVISION FIVE OF
SECTION FOUR HUNDRED TWENTY-SEVEN-A OF THIS TITLE.
S 4. Paragraph (d) of subdivision 5 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:
(d) All REPORTS ASSIGNED TO, AND records created [as part of] UNDER,
the family assessment and services track, INCLUDING BUT NOT LIMITED TO
REPORTS MADE OR WRITTEN AS WELL AS ANY OTHER INFORMATION OBTAINED OR
PHOTOGRAPHS TAKEN CONCERNING SUCH REPORTS OR RECORDS shall be confiden-
tial and shall be made available only to:
(I) staff of the office of children and family services and persons
designated by the office of children and family services;
(II) the social services district responsible for the FAMILY ASSESS-
MENT AND SERVICES TRACK case;
A. 8108--A 3
(III) community-based agencies that have contracts with the social
services district to carry out activities for the district under the
family assessment and services track; [and]
(IV) providers of services under the family assessment and services
track; [and]
(V) any social services district investigating a subsequent report of
abuse or maltreatment involving the same subject or the same child or
children named in the report;
(VI) A COURT, BUT ONLY WHILE THE FAMILY IS RECEIVING SERVICES PROVIDED
UNDER THE FAMILY ASSESSMENT AND SERVICES TRACK AND ONLY PURSUANT TO A
COURT ORDER OR JUDICIAL SUBPOENA, ISSUED AFTER NOTICE AND AN OPPORTUNITY
FOR THE SUBJECT OF THE REPORT AND ALL PARTIES TO THE PRESENT PROCEEDING
TO BE HEARD, BASED ON A JUDICIAL FINDING THAT SUCH REPORTS, RECORDS, AND
ANY INFORMATION CONCERNING SUCH REPORTS AND RECORDS, ARE NECESSARY FOR
THE DETERMINATION OF AN ISSUE BEFORE THE COURT. SUCH REPORTS, RECORDS
AND INFORMATION TO BE DISCLOSED PURSUANT TO A JUDICIAL SUBPOENA SHALL BE
SUBMITTED TO THE COURT FOR INSPECTION AND FOR SUCH DIRECTIONS AS MAY BE
NECESSARY TO PROTECT CONFIDENTIALITY, INCLUDING BUT NOT LIMITED TO
REDACTION OF PORTIONS OF THE REPORTS, RECORDS, AND INFORMATION AND TO
DETERMINE ANY FURTHER LIMITS ON REDISCLOSURE IN ADDITION TO THE LIMITA-
TIONS PROVIDED FOR IN THIS TITLE. A COURT SHALL NOT HAVE ACCESS TO THE
SEALED FAMILY ASSESSMENT AND SERVICES REPORTS, RECORDS, AND ANY INFORMA-
TION CONCERNING SUCH REPORTS AND RECORDS, AFTER THE CONCLUSION OF
SERVICES PROVIDED UNDER THE FAMILY ASSESSMENT AND SERVICES TRACK; AND
(VII) THE SUBJECT OF THE REPORT INCLUDED IN THE RECORDS OF THE FAMILY
ASSESSMENT AND SERVICES TRACK.
S 5. Subdivision 5 of section 427-a of the social services law is
amended by adding a new paragraph (e) to read as follows:
(E) PERSONS GIVEN ACCESS TO SEALED REPORTS, RECORDS, AND ANY INFORMA-
TION CONCERNING SUCH REPORTS AND RECORDS, PURSUANT TO PARAGRAPH (D) OF
THIS SUBDIVISION SHALL NOT REDISCLOSE SUCH REPORTS, RECORDS AND INFORMA-
TION EXCEPT AS FOLLOWS:
(I) THE OFFICE OF CHILDREN AND FAMILY SERVICES AND SOCIAL SERVICES
DISTRICTS MAY DISCLOSE AGGREGATE, NON-CLIENT IDENTIFIABLE INFORMATION;
(II) SOCIAL SERVICES DISTRICTS, COMMUNITY-BASED AGENCIES THAT HAVE
CONTRACTS WITH A SOCIAL SERVICES DISTRICT TO CARRY OUT ACTIVITIES FOR
THE DISTRICT UNDER THE FAMILY ASSESSMENT AND SERVICES TRACK, AND PROVID-
ERS OF SERVICES UNDER THE FAMILY ASSESSMENT AND SERVICES TRACK, MAY
EXCHANGE SUCH REPORTS, RECORDS AND INFORMATION CONCERNING SUCH REPORTS
AND RECORDS AS NECESSARY TO CARRY OUT ACTIVITIES AND SERVICES RELATED TO
THE SAME PERSON OR PERSONS ADDRESSED IN THE RECORDS OF A FAMILY ASSESS-
MENT AND SERVICES TRACK CASE;
(III) THE CHILD PROTECTIVE SERVICE OF A SOCIAL SERVICES DISTRICT MAY
UNSEAL A REPORT, RECORD AND INFORMATION CONCERNING SUCH REPORT AND
RECORD OF A CASE UNDER THE FAMILY ASSESSMENT AND SERVICES TRACK IN THE
EVENT SUCH REPORT, RECORD OR INFORMATION IS RELEVANT TO A SUBSEQUENT
REPORT OF SUSPECTED CHILD ABUSE OR MALTREATMENT. INFORMATION FROM SUCH
AN UNSEALED REPORT OR RECORD THAT IS RELEVANT TO THE SUBSEQUENT REPORT
OF SUSPECTED CHILD ABUSE AND MALTREATMENT MAY BE USED BY THE CHILD
PROTECTIVE SERVICE FOR PURPOSES OF INVESTIGATION AND FAMILY COURT ACTION
CONCERNING THE SUBSEQUENT REPORT AND MAY BE INCLUDED IN THE RECORD OF
THE INVESTIGATION OF THE SUBSEQUENT REPORT. IF THE SOCIAL SERVICES
DISTRICT INITIATES A PROCEEDING UNDER ARTICLE TEN OF THE FAMILY COURT
ACT IN CONNECTION WITH SUCH A SUBSEQUENT REPORT OF SUSPECTED CHILD ABUSE
AND MALTREATMENT AND THERE IS INFORMATION IN THE REPORT OR RECORD OF A
PREVIOUS CASE UNDER THE FAMILY ASSESSMENT AND SERVICES TRACK THAT IS
A. 8108--A 4
RELEVANT TO THE PROCEEDING, THE SOCIAL SERVICES DISTRICT SHALL INCLUDE
SUCH INFORMATION IN THE RECORD OF THE INVESTIGATION OF THE SUBSEQUENT
REPORT OF SUSPECTED CHILD ABUSE OR MALTREATMENT AND SHALL MAKE THAT
INFORMATION AVAILABLE TO THE FAMILY COURT AND THE OTHER PARTIES FOR USE
IN SUCH PROCEEDING PROVIDED, HOWEVER, THAT THE INFORMATION INCLUDED FROM
THE PREVIOUS CASE UNDER THE FAMILY ASSESSMENT AND SERVICES TRACK SHALL
THEN BE SUBJECT TO ALL LAWS AND REGULATIONS REGARDING CONFIDENTIALITY
THAT APPLY TO THE RECORD OF THE INVESTIGATION OF SUCH SUBSEQUENT REPORT
OF SUSPECTED CHILD ABUSE OR MALTREATMENT. THE FAMILY COURT MAY CONSIDER
THE INFORMATION FROM THE PREVIOUS CASE UNDER THE FAMILY ASSESSMENT AND
SERVICES TRACK THAT IS RELEVANT TO SUCH PROCEEDING IN MAKING ANY DETER-
MINATIONS IN THE PROCEEDING; AND
(IV) A SUBJECT OF THE REPORT MAY, AT HIS OR HER DISCRETION, PRESENT A
REPORT, RECORDS AND INFORMATION CONCERNING SUCH REPORT AND RECORDS FROM
THE FAMILY ASSESSMENT AND SERVICES TRACK CASE, IN WHOLE OR IN PART, IN
ANY PROCEEDING UNDER ARTICLE TEN OF THE FAMILY COURT ACT IN WHICH THE
SUBJECT IS A RESPONDENT. A SUBJECT OF THE REPORT ALSO MAY, AT HIS OR HER
DISCRETION, PRESENT A REPORT, RECORDS AND INFORMATION CONCERNING SUCH
REPORT AND RECORDS FROM THE FAMILY ASSESSMENT AND SERVICES TRACK, IN
WHOLE OR IN PART, IN ANY PROCEEDING INVOLVING THE CUSTODY OF, OR VISITA-
TION WITH THE SUBJECT'S CHILDREN, OR IN ANY OTHER RELEVANT PROCEEDING.
IN MAKING ANY DETERMINATION IN SUCH A PROCEEDING, THE COURT MAY CONSIDER
ANY PORTION OF THE FAMILY ASSESSMENT AND SERVICE TRACK REPORT, RECORDS
AND ANY INFORMATION CONCERNING SUCH REPORT AND RECORDS PRESENTED BY THE
SUBJECT OF THE REPORT THAT IS RELEVANT TO THE PROCEEDING. NOTHING IN
THIS SUBPARAGRAPH, HOWEVER, SHALL BE INTERPRETED TO AUTHORIZE A COURT TO
ORDER THE SUBJECT TO PRODUCE SUCH REPORT, RECORDS OR INFORMATION
CONCERNING SUCH REPORT AND RECORDS, IN WHOLE OR IN PART.
S 6. Section 426 of the social services law, as amended by chapter 676
of the laws of 1985, is amended to read as follows:
S 426. Annual reports. The commissioner shall prepare for inclusion in
the annual report required by subdivision (d) of section seventeen of
this chapter to be filed with the governor and the legislature prior to
December fifteenth of each year, a report on the operations of the state
central register of child abuse and maltreatment and the various local
child protective services. The report shall include a full statistical
analysis of the reports made to the central register together with a
report on the implementation of this title, his evaluation of services
offered under this chapter and his recommendations for additional legis-
lation to fulfill the purposes of this title. Such report shall indicate
the number of child abuse and maltreatment reports and cases received by
the statewide central register of child abuse and maltreatment by each
district in the preceding year, the number of such cases determined to
have been indicated and the number of such cases determined to be
unfounded by each district in the preceding year, the number of such
cases which have not been indicated or unfounded within the time period
required by subdivision seven of section four hundred twenty-four of
this chapter by each district in the preceding year and the number of
workers assigned to the child protective service in each district in the
preceding year. SUCH REPORT SHALL INCLUDE, AMONG OTHER INFORMATION,
AVAILABLE DEMOGRAPHIC INFORMATION AND AVAILABLE INFORMATION CONCERNING
THE RACIAL AND ETHNIC CHARACTERISTICS OF THE FAMILY MEMBERS AND PERSONS
SERVED BY THE DIFFERENTIAL RESPONSE PROGRAM PURSUANT TO SECTION FOUR
HUNDRED TWENTY-SEVEN-A OF THE SOCIAL SERVICES LAW, AS WELL AS AVAILABLE
INFORMATION CONCERNING THE RACIAL AND ETHNIC CHARACTERISTICS OF THE
FAMILY MEMBERS AND PERSONS SERVICED UNDER THE TRADITIONAL CHILD PROTEC-
A. 8108--A 5
TIVE SERVICES PROGRAM, IN EACH LOCAL SOCIAL SERVICES DISTRICT IN THE
STATE. The report shall also contain data on the protection of children
in residential care from abuse and maltreatment, including reports
received, results of investigations by types of facilities and programs,
types of corrective action taken, as well as efforts undertaken by the
department, the division for youth and the state education department to
provide training pursuant to standards established by section four
hundred sixty-two of this chapter, section five hundred one of the exec-
utive law and sections forty-four hundred three, forty-three hundred
fourteen, forty-three hundred fifty-eight and forty-two hundred twelve
of the education law.
S 7. This act shall take effect immediately; provided that section six
of this act shall take effect January 1, 2014.