Senate Bill S3449B

2015-2016 Legislative Session

Requires local social services districts to obtain approval by the governing body of such district prior to applying to amend the consolidated services plan

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 24, 2016	reported and committed to finance
Mar 15, 2016	print number 3449b
Mar 15, 2016	amend and recommit to social services
Jan 06, 2016	referred to social services
May 28, 2015	print number 3449a
May 28, 2015	amend and recommit to finance reported and committed to finance
Feb 09, 2015	referred to social services

Votes

- May 24, 2016 - Social Services Committee Vote
  S3449B
  
  Aye
  
  5
  
  Nay
  
  0
  
  Aye with Reservations
  
  2
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Social Services Committee Vote: May 24, 2016
      
      aye (5)
      
      Amedore
      
      Carlucci
      
      Martins
      
      Persaud
      
      Squadron
      
      aye wr (2)
      
      Farley
      
      LaValle
  May 28, 2015 - Social Services Committee Vote
  S3449B
  
  Aye
  
  5
  
  Nay
  
  0
  
  Aye with Reservations
  
  2
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Social Services Committee Vote: May 28, 2015
      
      aye (5)
      
      Amedore
      
      Carlucci
      
      Martins
      
      Montgomery
      
      Squadron
      
      aye wr (2)
      
      Farley
      
      LaValle

Bill Amendments

Original

B (Active)

2015-S3449 - Details

See Assembly Version of this Bill:: A1861
Current Committee:: Senate Finance
Law Section:: Social Services Law
Laws Affected:: Amd §34-a, add §34-b, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S4117, A6231
2017-2018: S2951, A2155

2015-S3449 - Summary

Requires local social services districts to obtain approval by the governing body of such district prior to applying to amend the consolidated services plan.

2015-S3449 - Sponsor Memo

                                BILL NUMBER:S3449

TITLE OF BILL:  An act to amend the social services law, in relation
to requiring local social services districts to obtain approval by the
governing body of such district prior to applying to the office of
children and family services to amend the consolidated services plan

PURPOSE:

This bill would provide that before a county submit a consolidated
plan amendment which includes provisions to reduce or limit child care
availability or subsidy to the Office of Children and Family Services,
it must first obtain the approval of the county's governing body.

SUMMARY OF SPECIFIC PROVISIONS:

Section one would amend Section 34-a of the social services law to
require that an application by a local services district to alter its
plans and provisions for subsidized child care, which would reduce the
availability of child care services, lower eligibility for child care
subsides, or modify the co-payment structure, will not be considered
by the office until it is provided proof that the governing body of
the county has approved the application after public notice and
hearing.

Section 2 sets out the effective date.

JUSTIFICATION:

Some counties restrict child care and limit availability of child care
subsides even when their County Legislature has expressly authorized
funding for these services. In these cases, the counties have received
approval from the Office of Children and Family Services for amended
consolidated services plan which limited child care services and
increased the co-pay on subsidized child care in the middle of the
county's fiscal year, even though the county Board of Legislators had
approved a fiscal year budget which allocated funds for these
subsidies. This bill would correct that deficiency by requiring that
prior to submission of an amended consolidated service plan to reduce
eligibility or increase co-payments for subsidized child care, the
county's governing body must approve the application after a public
hearing.

PRIOR LEGISLATIVE HISTORY:

2013-14: S.4117-A Died in Finance

FISCAL IMPLICATIONS:

Undetermined

EFFECTIVE DATE:

Immediately

2015-S3449 - Bill Text download pdf

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

                                  3449

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 9, 2015
                               ___________

Introduced  by  Sen.  STEWART-COUSINS -- 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 requiring  local
  social  services districts to obtain approval by the governing body of
  such district prior to applying to the office of children  and  family
  services to amend the consolidated services plan

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

  Section 1. Section 34-a of the  social  services  law  is  amended  by
adding a new subdivision 10 to read as follows:
  10.  AN  APPLICATION  BY A LOCAL SOCIAL SERVICES DISTRICT TO AMEND ITS
CONSOLIDATED SERVICES PLAN,  SUBMIT  AN  ANNUAL  PLAN  UPDATE,  OR  SEEK
APPROVAL  FOR  ANY  ACTION  WHICH WOULD REDUCE THE AVAILABILITY OF CHILD
CARE SERVICES, LOWER ELIGIBILITY FOR CHILD CARE SUBSIDIES, OR MODIFY THE
CO-PAYMENT STRUCTURE SHALL NOT BE CONSIDERED BY THE OFFICE  UNLESS  SUCH
APPLICATION  IS  ACCOMPANIED  BY  PROOF  THAT THE GOVERNING BODY OF SUCH
DISTRICT HAS APPROVED THE APPLICATION AFTER PUBLIC NOTICE AND HEARING.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00269-02-5

2015-S3449A - Details

See Assembly Version of this Bill:: A1861
Current Committee:: Senate Finance
Law Section:: Social Services Law
Laws Affected:: Amd §34-a, add §34-b, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S4117, A6231
2017-2018: S2951, A2155

2015-S3449A - Summary

Requires local social services districts to obtain approval by the governing body of such district prior to applying to amend the consolidated services plan.

2015-S3449A - Sponsor Memo

                                BILL NUMBER:S3449A

TITLE OF BILL:

An act to amend the social services law, in relation to requiring
local social services districts to obtain approval by the governing
body of such district prior to applying to the office of children and
family services to amend the consolidated services plan

PURPOSE:

This bill would provide that before a county submit a consolidated
plan amendment which includes provisions to reduce or limit child care
availability or subsidy to the Office of Children and Family Services,
it must first publish the amendment for public comment and present it
to the local advisory board for approval.

SUMMARY OF SPECIFIC PROVISIONS:

Section one amends Section 34-a of the social services law to describe
the manner in which amendments are to be made to the multi-year
consolidated services plan. A local social services district may
propose amendments to the plan at any time. If a local social services
district proposes an amendment to the child care portion of its child
and family services that reduces eligibility or increases the family
share percentage for child care services, the amendment shall be

published for public comment and presented to the local advisory board
for approval. If an amendment is approved by the office, it becomes
effective on the date designated by the commissioner.

Section three amends 34-b of the social services law by adding a new
section to create local advisory boards. Each local social services
district shall establish a local advisory board that will assist the
commissioner in the creation of the multi-year consolidated services
plan as well as approve any amendments to the plan. Except when an
amendment is proposed, the local advisory board shall be advisory
only.

The local advisory board shall consist of nine members, four members
appointed by the local legislative body and five appointed by the
chief executive officer upon recommendation of the commissioner of
social services. For local social services districts without a chief
executive officer the local advisory board shall consist of fifteen
members, five members appointed by the commissioner of local social
services; five members appointed by the majority of the local
legislative body and five appointed by the minority of the local
legislative body. The local advisory board shall be composed of
recipients of public assistance; providers of social services and
members of the general public.

JUSTIFICATION:

Some counties restrict child care and limit availability of child care
subsides even when their County Legislature has expressly authorized
funding for these services. In these cases, the counties have received
approval from the Office of Children and Family Services for amended
consolidated services plan which limited child care services and


increased the co-pay on subsidized child care in the middle of the
county's fiscal year, even though the county Board of Legislators had
approved a fiscal year budget which allocated funds for these
subsidies. This bill would correct that deficiency by requiring that
prior to submission of an amended consolidated service plan to reduce
eligibility or increase co-payments for subsidized child care, the
amendment must first be published for public comment and presented to
a local advisory board for approval.

PRIOR LEGISLATIVE HISTORY:

2013-14: S.4117-A Died in Finance

FISCAL IMPLICATIONS:

Undetermined

EFFECTIVE DATE:

Immediately

2015-S3449A - Bill Text download pdf

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

                                 3449--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 9, 2015
                               ___________

Introduced  by  Sen.  STEWART-COUSINS -- read twice and ordered printed,
  and when printed to be committed to the Committee on  Social  Services
  -- reported favorably from said committee and committed to the Commit-
  tee   on  Finance  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the social services law, in relation to requiring  local
  social  services districts to obtain approval by the governing body of
  such district prior to applying to the office of children  and  family
  services to amend the consolidated services plan

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

  Section 1. Subdivisions 5, 6, 7, 8 and 9 of section 34-a of the social
services law, subdivision 5 as added by chapter 681 of the laws of 1981,
subdivision 6 as added by chapter 160 of the laws of 2004, paragraph (a)
of subdivision 6 as amended by section 8 of part G of chapter 57 of  the
laws of 2013, subdivision 7 as added by chapter 524 of the laws of 2005,
subdivision  8  as added by chapter 543 of the laws of 2006 and subdivi-
sion 9 as added by chapter 495 of the laws of 2014, are amended to  read
as follows:
  5.  AMENDMENTS MADE TO THE MULTI-YEAR CONSOLIDATED SERVICES PLAN.  (A)
A  LOCAL  SOCIAL SERVICES DISTRICT MAY PROPOSE AMENDMENTS TO THE PLAN AT
ANY TIME. IF A LOCAL SOCIAL SERVICES DISTRICT PROPOSES AN  AMENDMENT  TO
THE  CHILD  CARE  PORTION  OF  ITS  CHILD  AND FAMILY SERVICES PLAN THAT
REDUCES ELIGIBILITY OR INCREASES THE FAMILY SHARE PERCENTAGE  FOR  CHILD
CARE  SERVICES,  THE AMENDMENT SHALL BE PUBLISHED FOR PUBLIC COMMENT AND
SHALL BE PRESENTED TO THE LOCAL ADVISORY BOARD FOR  APPROVAL,  PRIOR  TO
SUBMISSION  TO THE OFFICE. IF AN AMENDMENT IS APPROVED BY THE OFFICE, IT
BECOMES EFFECTIVE ON THE DATE SO DESIGNATED BY THE COMMISSIONER.
  (B) AFTER AN AMENDMENT IS APPROVED BY THE OFFICE  AND  IMPLEMENTED  BY
THE  LOCAL SOCIAL SERVICES DISTRICT, THE DISTRICT SHALL SUPPLY THE CHIEF
EXECUTIVE OFFICER, OR FOR LOCAL  SOCIAL  SERVICES  DISTRICTS  WITHOUT  A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00269-05-5

S. 3449--A                          2

CHIEF  EXECUTIVE  OFFICER,  THE  LOCAL  LEGISLATIVE  BODY, WITH EVIDENCE
SUPPORTING THE NEED FOR SUCH AMENDMENT.
  6.  The  commissioner shall promulgate regulations concerning the time
by which:
  (a) each local social services district shall  submit  its  multi-year
services plan and annual implementation report;
  (b)  the  commissioner  shall,  in writing, notify a local district of
approval or disapproval of all or parts of  such  district's  multi-year
services plan or annual implementation reports; and
  (c) each local social services district shall submit a revised version
of  its  multi-year  services  plan  or annual implementation report, or
parts thereof.
  [6.] 7. (a) Notwithstanding any other provision of law, the office  of
children  and  family  services shall plan for the statewide implementa-
tion, by the thirty-first day of December, two thousand  eight,  of  the
use  by  counties  of a child and family services plan that combines the
multi-year consolidated services plan required by this section  and  the
comprehensive plan required by section four hundred twenty of the execu-
tive law into a single plan.
  (b)  All  counties  shall implement a county child and family services
plan prior to or by the two thousand eight plan year in accordance  with
a  schedule  developed by the office of children and family services and
shall continue to implement such a plan thereafter. With the approval of
such office, a county may implement such a plan before the date required
by such schedule.
  (c) The office of children and family services may waive any regulato-
ry requirements relating to the content and timing of multi-year consol-
idated services plans and annual implementation reports that may  impede
the  ability of a county to implement a county child and family services
plan.
  (d) Nothing in this subdivision shall be deemed to affect county plan-
ning requirements under the mental hygiene law.
  [7.] 8. (a) From monies appropriated to the  office  of  children  and
family  services  for the family and children's services foster care and
adoption program, the office  shall  give  assistance  to  local  social
services  districts to enable them to collect statistics and to describe
the steps being taken regarding: the number of families needing  preven-
tive services as provided for in title four of article six of this chap-
ter  for  which  services  are  provided;  the effectiveness of specific
preventive services in preventing unnecessary foster care placements and
reducing the length of stay in foster care; the efforts made to  prevent
unnecessary  placements;  the  use of the least restrictive settings and
the proximity of foster care placements to the child's home; the use  of
kinship  placements;  the  placement  of  siblings  with  one another at
initial placement or as soon  thereafter  as  possible;  the  number  of
transfers  of  children  in  foster  care placements and the reasons for
those transfers; the number of families reunited in fulfillment  of  the
child's  service goal plan and the length of placement prior to reunifi-
cation; the number of children  prepared  for  independent  living;  the
number  of  children with adoption as a service plan goal; the number of
children freed for adoption and the  length  of  time  taken  to  secure
terminations of parental rights; the number of children placed in pre-a-
doptive  homes  and  the number of adoptions completed and the length of
time taken to complete them.
  (b) Such data submitted to the office of children and family  services
shall be aggregated and submitted with a narrative report on these chil-

S. 3449--A                          3

dren's  services,  to the governor and the majority leader of the senate
and the speaker of the assembly on or before July  first,  two  thousand
five and semiannually thereafter.
  [8.] 9. The commissioner of the office of children and family services
shall,  in conjunction with the commissioner of education, develop model
practices and procedures for local social services districts and  school
districts  regarding  the  reporting  and  investigation  of educational
neglect. Such model practices  and  procedures  shall  be  available  to
social  services  districts  and school districts and shall be posted on
the office of children and family services website and the state depart-
ment of education website by September first, two thousand seven.   Each
social  services  district  shall,  in  conjunction  with  local  school
districts within its district, submit written  policies  and  procedures
regarding  the  reporting of educational neglect by each school district
within such social services district and  the  investigation  of  educa-
tional  neglect  allegations by child protective services. Such policies
and procedures shall be submitted to the office of children  and  family
services  for review by January first, two thousand eight and the office
shall approve or disapprove such local policies  and  procedures,  based
upon  the model practices and procedures established in conjunction with
the state department of education, within sixty days of submission.
  [9.] 10. (a) In order to allow families  time  to  properly  plan  for
their  financial needs and for the safety, social and emotional needs of
their children, in the event that a social services district proposes to
amend its consolidated services plan, submits an annual plan update,  or
takes  any other action that would lower the financial eligibility level
for child care assistance so that  families  receiving  subsidies  would
lose   eligibility  [therefore]  THEREFOR,  the  local  social  services
district shall notify the office of children and family services of that
fact at least sixty days before  the  effective  date  of  the  proposed
change  in eligibility level. The office of children and family services
shall post notice of the proposed change on the office's website  within
five  days of receiving said notice, and within twenty days of receiving
said notice shall notify all  licensed,  registered  and  legally-exempt
child  care  providers  in  the  affected district, the state child care
resource and referral agency, the local child care resource and referral
agency, as well as all  certified  employee  organizations  representing
licensed,  registered  and  legally-exempt  child  care providers in the
affected district. Said notice may be made by e-mail or regular mail  in
the  form of a letter or postcard, and shall inform the recipient of the
date of the proposed change and a description of  the  proposed  change.
The notice shall also require that child care providers that receive the
notice immediately post the notice in a place which is likely to be seen
by the families who have children in the provider's care and that certi-
fied employee organizations representing licensed, registered and legal-
ly-exempt  child care providers in the affected district post the notice
on their official website. This notice shall  not  be  considered  as  a
substitute for any notice to parents which is required by law.
  (b)  In order to allow families time to properly plan for their finan-
cial needs and for the safety, social and emotional needs of their chil-
dren, in the event that a social services district proposes to amend its
consolidated services plan or to  submit  an  annual  plan  update  that
increases  the  parental co-payment multiplier for child care assistance
so that families receiving subsidies would pay an  increased  percentage
of  their  income  as a child care co-payment, the local social services
district shall notify the office of children and family services of that

S. 3449--A                          4

fact at least sixty days before  the  effective  date  of  the  proposed
change  in eligibility level. The office of children and family services
shall post notice of the proposed change on the office's website  within
five  days of receiving said notice, and within twenty days of receiving
said notice shall notify all  licensed,  registered  and  legally-exempt
child  care  providers  in  the  affected district, the state child care
resource and referral agency, the local child care resource and referral
agency, as well as all  certified  employee  organizations  representing
licensed,  registered  and  legally-exempt  child  care providers in the
affected district. Said notice may be made by e-mail or regular mail  in
the  form of a letter or postcard, and shall inform the recipient of the
date of the proposed change and a description of  the  proposed  change.
The notice shall also require that child care providers that receive the
notice immediately post the notice in a place which is likely to be seen
by the families who have children in the provider's care and that certi-
fied employee organizations representing licensed, registered and legal-
ly-exempt  child care providers in the affected district post the notice
on their official website. This notice shall  not  be  considered  as  a
substitute for any notice to parents which is required by law.
  S  2.  Subdivision  6  of  section 34-a of the social services law, as
added by chapter 160 of the laws of 2004, is amended to read as follows:
  [6.] 7. (a) Notwithstanding any other provision of law, the office  of
children  and  family  services shall plan for the statewide implementa-
tion, by the thirty-first day of December, two thousand  eight,  of  the
use  by  counties  of a child and family services plan that combines the
multi-year consolidated services plan required by this section  and  the
county comprehensive plan required by section four hundred twenty of the
executive law into a single plan.
  (b)  All  counties  shall implement a county child and family services
plan prior to or by the two thousand eight plan year in accordance  with
a  schedule  developed by the office of children and family services and
shall continue to implement such a plan thereafter. With the approval of
such office, a county may implement such a plan before the date required
by such schedule.
  (c) The office of children and family services may waive any regulato-
ry requirements relating to the content and timing of multi-year consol-
idated services plans and annual implementation reports that may  impede
the  ability of a county to implement a county child and family services
plan.
  (d) Nothing in this subdivision shall be deemed to affect county plan-
ning requirements under the mental hygiene law.
  S 3. The social services law is amended by adding a new  section  34-b
to read as follows:
  S  34-B. LOCAL ADVISORY BOARDS. 1. EACH LOCAL SOCIAL SERVICES DISTRICT
SHALL ESTABLISH A LOCAL ADVISORY BOARD THAT WILL ASSIST THE COMMISSIONER
IN THE CREATION OF THE MULTI-YEAR CONSOLIDATED SERVICES PLAN, AS WELL AS
APPROVE ANY AMENDMENTS PROPOSED PURSUANT TO SUBDIVISION FIVE OF  SECTION
THIRTY-FOUR-A  OF  THE  SOCIAL SERVICES LAW. EXCEPT WHEN AN AMENDMENT IS
PROPOSED, THE LOCAL ADVISORY BOARD SHALL  BE  INVOLVED  IN  AN  ADVISORY
CAPACITY ONLY, IN POLICY DEVELOPMENT, PROGRAM PLANNING AND PROGRAM EVAL-
UATION CARRIED ON BY THE SOCIAL SERVICES DISTRICT WITH RESPECT TO PUBLIC
ASSISTANCE, MEDICAL ASSISTANCE AND SERVICES.
  2.  (A)  FOR  LOCAL  SOCIAL  SERVICES DISTRICTS WITH A CHIEF EXECUTIVE
OFFICER THE LOCAL ADVISORY BOARD SHALL CONSIST  OF  NINE  MEMBERS,  FOUR
MEMBERS  SHALL  BE  APPOINTED  BY  THE  LOCAL  LEGISLATIVE BODY AND FIVE
MEMBERS SHALL BE APPOINTED BY  THE  CHIEF  EXECUTIVE  OFFICER  UPON  THE

S. 3449--A                          5

RECOMMENDATION  OF THE COMMISSIONER OF SOCIAL SERVICES. FOR LOCAL SOCIAL
SERVICES DISTRICTS WITHOUT A CHIEF EXECUTIVE OFFICER, THE LOCAL ADVISORY
BOARD SHALL CONSIST OF FIFTEEN MEMBERS, FIVE MEMBERS SHALL BE  APPOINTED
BY  THE COMMISSIONER OF THE LOCAL SOCIAL SERVICES DISTRICT, FIVE MEMBERS
SHALL BE APPOINTED BY THE MAJORITY OF THE  LOCAL  LEGISLATIVE  BODY  AND
FIVE SHALL BE APPOINTED BY THE MINORITY OF THE LOCAL LEGISLATIVE BODY.
  (B) THE LOCAL ADVISORY BOARD SHALL BE COMPOSED OF THE FOLLOWING CLASS-
ES OF PERSONS:
  (1)  RECIPIENTS  OF PUBLIC ASSISTANCE (INCLUDING SSI AND FOOD STAMPS),
MEDICAL  ASSISTANCE  AND  CHILD  CARE  SERVICES--AT  LEAST   TWENTY-FIVE
PERCENT;
  (2)  PROVIDERS  OF  SOCIAL  SERVICES, MEDICAL SERVICES AND DOMICILIARY
CARE (OTHER THAN EMPLOYEES OF THE STATE OR LOCAL DEPARTMENTS  OF  SOCIAL
SERVICES); AND
  (3) MEMBERS OF THE GENERAL PUBLIC (INCLUDING BUT NOT LIMITED TO REPRE-
SENTATIVES  OF  PROFESSIONAL SOCIAL WORK ASSOCIATIONS, SCHOOLS OF SOCIAL
WORK, LABOR ORGANIZATIONS, PUBLIC  INTEREST  GROUPS,  CLIENT  ADVOCATES,
COMMUNITY ORGANIZATIONS AND THE BUSINESS AND FINANCIAL COMMUNITY).
  S  4.  This act shall take effect immediately; provided, however, that
the amendments to paragraph (a) of subdivision 6 of section 34-a of  the
social  services law made by section one of this act shall be subject to
the expiration and reversion of such paragraph when upon such  date  the
provisions of section two of this act shall take effect.

2015-S3449B (ACTIVE) - Details

See Assembly Version of this Bill:: A1861
Current Committee:: Senate Finance
Law Section:: Social Services Law
Laws Affected:: Amd §34-a, add §34-b, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S4117, A6231
2017-2018: S2951, A2155

2015-S3449B (ACTIVE) - Summary

Requires local social services districts to obtain approval by the governing body of such district prior to applying to amend the consolidated services plan.

2015-S3449B (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3449B

 TITLE OF BILL :  An act to amend the social services law, in relation
to requiring local social services districts to obtain approval by the
governing body of such district prior to applying to the office of
children and family services to amend the consolidated services plan

 PURPOSE OR GENERAL IDEA OF BILL :

This bill would provide that before a county can submit a consolidated
plan amendment which includes provisions to reduce or limit child care
availability or subsidy to the Office of Children and Family Services,
it must first obtain the approval of the county's governing body.

 SUMMARY OF SPECIFIC PROVISIONS :

Section one would amend Section 34-a of the social services law to
require that an application by a local services district to alter its
plans and provisions for subsidized child care, which would reduce the
availability of child care services, lower eligibility for child care
subsidies, or modify the co-payment structure, will not be considered
by the Office until it is provided proof that the governing body of
the county has approved the application after public notice and
hearing.

Section 2 sets out the effective date.

 JUSTIFICATION :

Some counties restrict child care access and limit availability of
child care subsidies even when their County Legislature has expressly
authorized funding for these services. In these cases, the counties
have received approval from the Office of Children and Family Services
for amended consolidated services plans which reduce eligibility and
increase co-payments for subsidized child care. In Westchester County,
for example, the county submitted an amendment to its consolidated
services plan which limited child care services and increased the
co-pay on subsidized child care in the middle of the county's fiscal
year, even though the county Board of Legislators had approved a
fiscal year budget which allocated funds for these subsidies. This
bill would correct that deficiency by requiring that prior to
submission of an amended consolidated service plan to reduce
eligibility or increase co-payments for subsidized child care, the
county's governing body must approve the application after a public
hearing.

 PRIOR LEGISLATIVE HISTORY :

2013-14: S.4117-A Died in Finance

 FISCAL IMPLICATIONS :

Undetermined

 EFFECTIVE DATE :
Immediately

2015-S3449B (ACTIVE) - Bill Text download pdf

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

                                 3449--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 9, 2015
                               ___________

Introduced  by  Sen.  STEWART-COUSINS -- read twice and ordered printed,
  and when printed to be committed to the Committee on  Social  Services
  -- reported favorably from said committee and committed to the Commit-
  tee   on  Finance  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee --  recommitted
  to  the Committee on Social Services in accordance with Senate Rule 6,
  sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

AN  ACT to amend the social services law, in relation to requiring local
  social services districts to obtain approval by the governing body  of
  such  district  prior to applying to the office of children and family
  services to amend the consolidated services plan

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

  Section 1. Subdivisions 5, 6, 7, 8 and 9 of section 34-a of the social
services law, subdivision 5 as added by chapter 681 of the laws of 1981,
subdivision 6 as added by chapter 160 of the laws of 2004, paragraph (a)
of  subdivision 6 as amended by section 8 of part G of chapter 57 of the
laws of 2013, subdivision 7 as added by chapter 524 of the laws of 2005,
subdivision 8 as added by chapter 543 of the laws of 2006  and  subdivi-
sion  9 as added by chapter 144 of the laws of 2015, are amended to read
as follows:
  5.  AMENDMENTS MADE TO THE MULTI-YEAR CONSOLIDATED SERVICES PLAN.  (A)
A LOCAL SOCIAL SERVICES DISTRICT MAY PROPOSE AMENDMENTS TO THE  PLAN  AT
ANY  TIME.  IF A LOCAL SOCIAL SERVICES DISTRICT PROPOSES AN AMENDMENT TO
THE CHILD CARE PORTION OF  ITS  CHILD  AND  FAMILY  SERVICES  PLAN  THAT
REDUCES  ELIGIBILITY  OR INCREASES THE FAMILY SHARE PERCENTAGE FOR CHILD
CARE SERVICES, THE AMENDMENT SHALL BE PUBLISHED FOR PUBLIC  COMMENT  AND
SHALL  BE  PRESENTED  TO THE LOCAL ADVISORY BOARD FOR APPROVAL, PRIOR TO
SUBMISSION TO THE OFFICE. IF AN AMENDMENT IS APPROVED BY THE OFFICE,  IT
BECOMES EFFECTIVE ON THE DATE SO DESIGNATED BY THE COMMISSIONER.
  (B)  AFTER  AN  AMENDMENT IS APPROVED BY THE OFFICE AND IMPLEMENTED BY
THE LOCAL SOCIAL SERVICES DISTRICT, THE DISTRICT SHALL SUPPLY THE  CHIEF
EXECUTIVE  OFFICER,  OR  FOR  LOCAL  SOCIAL SERVICES DISTRICTS WITHOUT A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00269-07-6

S. 3449--B                          2

CHIEF EXECUTIVE OFFICER,  THE  LOCAL  LEGISLATIVE  BODY,  WITH  EVIDENCE
SUPPORTING THE NEED FOR SUCH AMENDMENT.
  6.  The  commissioner shall promulgate regulations concerning the time
by which:
  (a) each local social services district shall  submit  its  multi-year
services plan and annual implementation report;
  (b)  the  commissioner  shall,  in writing, notify a local district of
approval or disapproval of all or parts of  such  district's  multi-year
services plan or annual implementation reports; and
  (c) each local social services district shall submit a revised version
of  its  multi-year  services  plan  or annual implementation report, or
parts thereof.
  [6.] 7. (a) Notwithstanding any other provision of law, the office  of
children  and  family  services shall plan for the statewide implementa-
tion, by the thirty-first day of December, two thousand  eight,  of  the
use  by  counties  of a child and family services plan that combines the
multi-year consolidated services plan required by this section  and  the
comprehensive plan required by section four hundred twenty of the execu-
tive law into a single plan.
  (b)  All  counties  shall implement a county child and family services
plan prior to or by the two thousand eight plan year in accordance  with
a  schedule  developed by the office of children and family services and
shall continue to implement such a plan thereafter. With the approval of
such office, a county may implement such a plan before the date required
by such schedule.
  (c) The office of children and family services may waive any regulato-
ry requirements relating to the content and timing of multi-year consol-
idated services plans and annual implementation reports that may  impede
the  ability of a county to implement a county child and family services
plan.
  (d) Nothing in this subdivision shall be deemed to affect county plan-
ning requirements under the mental hygiene law.
  [7.] 8. (a) From monies appropriated to the  office  of  children  and
family  services  for the family and children's services foster care and
adoption program, the office  shall  give  assistance  to  local  social
services  districts to enable them to collect statistics and to describe
the steps being taken regarding: the number of families needing  preven-
tive services as provided for in title four of article six of this chap-
ter  for  which  services  are  provided;  the effectiveness of specific
preventive services in preventing unnecessary foster care placements and
reducing the length of stay in foster care; the efforts made to  prevent
unnecessary  placements;  the  use of the least restrictive settings and
the proximity of foster care placements to the child's home; the use  of
kinship  placements;  the  placement  of  siblings  with  one another at
initial placement or as soon  thereafter  as  possible;  the  number  of
transfers  of  children  in  foster  care placements and the reasons for
those transfers; the number of families reunited in fulfillment  of  the
child's  service goal plan and the length of placement prior to reunifi-
cation; the number of children  prepared  for  independent  living;  the
number  of  children with adoption as a service plan goal; the number of
children freed for adoption and the  length  of  time  taken  to  secure
terminations of parental rights; the number of children placed in pre-a-
doptive  homes  and  the number of adoptions completed and the length of
time taken to complete them.
  (b) Such data submitted to the office of children and family  services
shall be aggregated and submitted with a narrative report on these chil-

S. 3449--B                          3

dren's  services,  to the governor and the majority leader of the senate
and the speaker of the assembly on or before July  first,  two  thousand
five and semiannually thereafter.
  [8.] 9. The commissioner of the office of children and family services
shall,  in conjunction with the commissioner of education, develop model
practices and procedures for local social services districts and  school
districts  regarding  the  reporting  and  investigation  of educational
neglect. Such model practices  and  procedures  shall  be  available  to
social  services  districts  and school districts and shall be posted on
the office of children and family services website and the state depart-
ment of education website by September first, two thousand seven.   Each
social  services  district  shall,  in  conjunction  with  local  school
districts within its district, submit written  policies  and  procedures
regarding  the  reporting of educational neglect by each school district
within such social services district and  the  investigation  of  educa-
tional  neglect  allegations by child protective services. Such policies
and procedures shall be submitted to the office of children  and  family
services  for review by January first, two thousand eight and the office
shall approve or disapprove such local policies  and  procedures,  based
upon  the model practices and procedures established in conjunction with
the state department of education, within sixty days of submission.
  [9.] 10. (a) If a social services district proposes  an  amendment  to
the  child  care  portion  of  its  child  and family services plan that
reduces eligibility or increases the family share percentage  for  child
care  services  such  district must: (i) no later than the first day the
public notice appears in a newspaper pursuant to  subdivision  three  of
this  section  or  the  regulations of the office of children and family
services, as applicable, prominently post on the  district's  website  a
notice  of  the proposed amendment describing the categories of families
whose cases will be impacted; and (ii) at the time the public notice  is
submitted  to  the newspaper for publication in accordance with subdivi-
sion three of this section or the regulations of the office of  children
and family services, as applicable, provide a copy of such notice to the
office of children and family services.
  (b)  If  a social services district implements its process for closing
child care cases, as set forth in its approved child and family services
plan, due to the  district  determining  that  it  cannot  maintain  its
current  caseload because all of the available funds are projected to be
needed for open cases, the district must: (i) no later than the day  the
social  services  district begins to send individual notices to impacted
families in accordance with subdivision eight of  section  four  hundred
ten-w  of  this chapter, prominently post a notice on their website that
states that such district is implementing the child  care  case  closing
process  set  forth  in  its approved child and family services plan and
that describes the categories of families whose cases  will  be  closed;
and  (ii)  immediately  provide  a  copy of such notice to the office of
children and family services.
  (c) The office of children and family services shall prominently  post
notices  received  pursuant to paragraphs (a) or (b) of this subdivision
on its website.
  S 2. Subdivision 6 of section 34-a of  the  social  services  law,  as
added by chapter 160 of the laws of 2004, is amended to read as follows:
  [6.]  7. (a) Notwithstanding any other provision of law, the office of
children and family services shall plan for  the  statewide  implementa-
tion,  by  the  thirty-first day of December, two thousand eight, of the
use by counties of a child and family services plan  that  combines  the

S. 3449--B                          4

multi-year  consolidated  services plan required by this section and the
county comprehensive plan required by section four hundred twenty of the
executive law into a single plan.
  (b)  All  counties  shall implement a county child and family services
plan prior to or by the two thousand eight plan year in accordance  with
a  schedule  developed by the office of children and family services and
shall continue to implement such a plan thereafter. With the approval of
such office, a county may implement such a plan before the date required
by such schedule.
  (c) The office of children and family services may waive any regulato-
ry requirements relating to the content and timing of multi-year consol-
idated services plans and annual implementation reports that may  impede
the  ability of a county to implement a county child and family services
plan.
  (d) Nothing in this subdivision shall be deemed to affect county plan-
ning requirements under the mental hygiene law.
  S 3. The social services law is amended by adding a new  section  34-b
to read as follows:
  S  34-B. LOCAL ADVISORY BOARDS. 1. EACH LOCAL SOCIAL SERVICES DISTRICT
SHALL ESTABLISH A LOCAL ADVISORY BOARD THAT WILL ASSIST THE COMMISSIONER
IN THE CREATION OF THE MULTI-YEAR CONSOLIDATED SERVICES PLAN, AS WELL AS
APPROVE ANY AMENDMENTS PROPOSED PURSUANT TO SUBDIVISION FIVE OF  SECTION
THIRTY-FOUR-A  OF  THE  SOCIAL SERVICES LAW. EXCEPT WHEN AN AMENDMENT IS
PROPOSED, THE LOCAL ADVISORY BOARD SHALL  BE  INVOLVED  IN  AN  ADVISORY
CAPACITY ONLY, IN POLICY DEVELOPMENT, PROGRAM PLANNING AND PROGRAM EVAL-
UATION CARRIED ON BY THE SOCIAL SERVICES DISTRICT WITH RESPECT TO PUBLIC
ASSISTANCE, MEDICAL ASSISTANCE AND SERVICES.
  2.  (A)  FOR  LOCAL  SOCIAL  SERVICES DISTRICTS WITH A CHIEF EXECUTIVE
OFFICER THE LOCAL ADVISORY BOARD SHALL CONSIST  OF  NINE  MEMBERS,  FOUR
MEMBERS  SHALL  BE  APPOINTED  BY  THE  LOCAL  LEGISLATIVE BODY AND FIVE
MEMBERS SHALL BE APPOINTED BY  THE  CHIEF  EXECUTIVE  OFFICER  UPON  THE
RECOMMENDATION  OF THE COMMISSIONER OF SOCIAL SERVICES. FOR LOCAL SOCIAL
SERVICES DISTRICTS WITHOUT A CHIEF EXECUTIVE OFFICER, THE LOCAL ADVISORY
BOARD SHALL CONSIST OF FIFTEEN MEMBERS, FIVE MEMBERS SHALL BE  APPOINTED
BY  THE COMMISSIONER OF THE LOCAL SOCIAL SERVICES DISTRICT, FIVE MEMBERS
SHALL BE APPOINTED BY THE MAJORITY OF THE  LOCAL  LEGISLATIVE  BODY  AND
FIVE SHALL BE APPOINTED BY THE MINORITY OF THE LOCAL LEGISLATIVE BODY.
  (B) THE LOCAL ADVISORY BOARD SHALL BE COMPOSED OF THE FOLLOWING CLASS-
ES OF PERSONS:
  (1)  RECIPIENTS  OF PUBLIC ASSISTANCE (INCLUDING SSI AND FOOD STAMPS),
MEDICAL  ASSISTANCE  AND  CHILD  CARE  SERVICES--AT  LEAST   TWENTY-FIVE
PERCENT;
  (2)  PROVIDERS  OF  SOCIAL  SERVICES, MEDICAL SERVICES AND DOMICILIARY
CARE (OTHER THAN EMPLOYEES OF THE STATE OR LOCAL DEPARTMENTS  OF  SOCIAL
SERVICES); AND
  (3) MEMBERS OF THE GENERAL PUBLIC (INCLUDING BUT NOT LIMITED TO REPRE-
SENTATIVES  OF  PROFESSIONAL SOCIAL WORK ASSOCIATIONS, SCHOOLS OF SOCIAL
WORK, LABOR ORGANIZATIONS, PUBLIC  INTEREST  GROUPS,  CLIENT  ADVOCATES,
COMMUNITY ORGANIZATIONS AND THE BUSINESS AND FINANCIAL COMMUNITY).
  S  4.  This act shall take effect immediately; provided, however, that
the amendments to paragraph (a) of subdivision 6 of section 34-a of  the
social  services law made by section one of this act shall be subject to
the expiration and reversion of such paragraph when upon such  date  the
provisions of section two of this act shall take effect.

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