NY State Senate Bill 2017-S2951

Senate Bill S2951

2017-2018 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 Social Services 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

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to social services
Mar 02, 2017	reported and committed to finance
Jan 18, 2017	referred to social services

Votes

- Mar 2, 2017 - Social Services Committee Vote
  S2951
  
  4
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Social Services Committee Vote: Mar 2, 2017
      
      aye (4)
      
      Alcantara
      
      Persaud
      
      Squadron
      
      Tedisco
      
      aye wr (3)
      
      Amedore
      
      Helming
      
      LaValle

2017-S2951 (ACTIVE) - Details

Current Committee:: Senate Social Services
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
2015-2016: S3449

2017-S2951 (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.

2017-S2951 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2951

 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
2015-16: S.3449-B Died in Finance

 FISCAL IMPLICATIONS :

Undetermined

 EFFECTIVE DATE :
Immediately

2017-S2951 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2951
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2017
                                ___________
 
 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. 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
 CHIEF  EXECUTIVE  OFFICER,  THE  LOCAL  LEGISLATIVE  BODY, WITH EVIDENCE
 SUPPORTING THE NEED FOR SUCH AMENDMENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02680-01-7

 S. 2951                             2
 
   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-
 dren's services, to the governor and the majority leader of  the  senate

 S. 2951                             3
 
 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.
   § 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

 S. 2951                             4
 
 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.
   § 3. The social services law is amended by adding a new  section  34-b
 to read as follows:
   §  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).
   §  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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