S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8761--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 25, 2019
                                ___________
 
 Introduced  by M. of A. BURKE -- read once and referred to the Committee
   on Children  and  Families  --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT to amend the social services law, in relation to caseload stand-
   ards for preventative services caseworkers

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 20-a of the social services law, as added by chap-
 ter 107 of the laws of 1971, is amended to read as follows:
   § 20-a.  Local personnel; limitations on department's power.  Notwith-
 standing any inconsistent provision of  this  chapter,  the  board,  the
 commissioner  or  the  department, acting singly or in unison, shall not
 have the power, directly  or  indirectly  to  prescribe  the  number  of
 persons  to  be  employed  in any social services district providing the
 district complies with the minimum federal standards  relating  thereto.
 PROVIDED,  HOWEVER,  THAT THE PROVISIONS OF THIS SECTION SHALL NOT APPLY
 TO THE REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY SERVICES  ESTAB-
 LISHING  CASELOAD  STANDARDS  FOR  PREVENTATIVE  CASE  PLANNING SERVICES
 PROMULGATED PURSUANT TO SUBDIVISION NINE OF SECTION FOUR  HUNDRED  TWEN-
 TY-ONE OF THIS CHAPTER.
   §  2.  Paragraph  (a)  of subdivision 1 of section 153-k of the social
 services law, as added by section 15 of part C of chapter 83 of the laws
 of 2002, is amended to read as follows:
   (a) Expenditures made by social services districts for  child  protec-
 tive  services, preventive services provided, as applicable, to eligible
 children and families of children who are in  and  out  of  foster  care
 placement, independent living services, aftercare services, and adoption
 administration  and  services  other  than  adoption  subsidies provided
 pursuant to article six of this  chapter  and  the  regulations  of  the
 department  of  family  assistance  shall,  if approved by the office of
 children and family services, be subject  to  sixty-five  percent  state
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14030-03-9

 A. 8761--A                          2
 
 reimbursement  exclusive  of  any  federal funds made available for such
 purposes, in accordance with the directives of the department of  family
 assistance  and  subject  to the approval of the director of the budget.
 PROVIDED  HOWEVER,  FOR  REQUIREMENTS  PRESCRIBED IN SUBDIVISION NINE OF
 SECTION FOUR HUNDRED TWENTY-ONE OF THIS CHAPTER, SUCH EXPENDITURES SHALL
 BE SUBJECT TO ONE HUNDRED PERCENT  STATE  REIMBURSEMENT,  PROVIDED  THAT
 LOCAL  SOCIAL  SERVICES  DISTRICTS  CONTINUE  TO  MAINTAIN  EXPENDITURES
 RELATED TO PREVENTATIVE CASE PLANNING SERVICES AT A LEVEL  EQUAL  TO  OR
 GREATER THAN EXPENDITURES FOR SUCH ACTIVITY DURING THE FISCAL YEAR IMME-
 DIATELY  PRIOR  TO  THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO
 THOUSAND NINETEEN WHICH AMENDED THIS PARAGRAPH.
   § 3. Section 421 of the social services law is amended by adding a new
 subdivision 9 to read as follows:
   9. PROMULGATE REGULATIONS IN CONSULTATION WITH LOCAL  SOCIAL  SERVICES
 DISTRICTS, RELATING TO CASELOAD STANDARDS FOR PREVENTATIVE CASE PLANNING
 SERVICES. SUCH STANDARDS SHALL BE NO MORE THAN TWELVE FAMILIES PER FULL-
 TIME  PREVENTATIVE CASE PLANNING SERVICES CASEWORKER PER MONTH.  NOTHING
 IN THIS SUBDIVISION SHALL BE  CONSTRUED  TO  PROHIBIT  THE  OFFICE  FROM
 PRESCRIBING  LOCAL  SOCIAL SERVICES DISTRICTS FROM ESTABLISHING CASELOAD
 GUIDELINES THAT ARE LESS THAN WHAT IS REQUIRED IN THIS SUBDIVISION.
   § 4. This act shall take effect two years after it shall have become a
 law; provided, however that the  amendments  to  section  153-k  of  the
 social services law made by section two of this act shall not affect the
 repeal of such section and shall be deemed repealed therewith.