Assembly Bill A1599

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1599
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2021
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Children and Families
 
 AN ACT to amend the social services law, in relation to  establishing  a
   demonstration  program  implementing the Westchester county dual track
   child protective services system; and providing for the repeal of such
   provisions upon expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  intent.  The  legislature  hereby  finds and
 declares  that  the  challenge  facing  this  state's  child  protective
 services program demands that a bold new approach be tested to determine
 how  this  state can fulfill its obligations to protect and defend chil-
 dren, provide for their health, safety and welfare, and also make neces-
 sary services and assistance available to families in a less  confronta-
 tional   and   intrusive  manner,  when  circumstances  so  warrant.  By
 establishing a system in Westchester county, where complaints of alleged
 child abuse and maltreatment are assigned to either an investigatory  or
 a family assessment and services track, it is the intent of the legisla-
 ture  to  study and review alternative methods of fulfilling those obli-
 gations and, at the same time, initiate the  delivery  of  comprehensive
 family rehabilitative services to children and families.
   §  2.  Short  title.  This  act shall be known and may be cited as the
 "Westchester county dual track demonstration program".
   § 3. The social services law is amended by adding a new section  423-b
 to read as follows:
   § 423-B. WESTCHESTER COUNTY DEMONSTRATION PROGRAM TO ASSESS THE FEASI-
 BILITY  OF  ENHANCING  ALTERNATIVE CHILD PROTECTIVE SERVICES THROUGH THE
 USE OF A DUAL TRACK APPROACH. 1. (A) THE OFFICE OF CHILDREN  AND  FAMILY
 SERVICES  IS HEREBY AUTHORIZED AND DIRECTED TO ESTABLISH A DEMONSTRATION
 PROGRAM IN WESTCHESTER COUNTY TO ADDRESS THE  FEASIBILITY  OF  ENHANCING

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00274-01-1
              

 A. 1599                             2
 
 ALTERNATIVE  CHILD  PROTECTIVE  SERVICES THROUGH THE USE OF A DUAL TRACK
 APPROACH.
   (B)  PARTICIPATION  IN  THE  DEMONSTRATION  PROGRAM BY THE WESTCHESTER
 COUNTY SOCIAL SERVICES DISTRICT (HEREINAFTER IN THIS SECTION REFERRED TO
 AS THE "DISTRICT") SHALL ENABLE THE DISTRICT  TO  ASSIGN  COMPLAINTS  OF
 ALLEGED  CHILD  ABUSE AND MALTREATMENT RECEIVED BY THE STATEWIDE CENTRAL
 REGISTER OF CHILD ABUSE AND MALTREATMENT, TO ONE OF TWO TRACKS:
   (1) THE INVESTIGATIVE TRACK, WHICH OPERATES  IN  COMPLIANCE  WITH  THE
 OTHER SECTIONS OF THIS TITLE; OR
   (2)  THE  FAMILY  ASSESSMENT  AND SERVICES TRACK, DESIGNED TO INCREASE
 FAMILY PARTICIPATION IN VOLUNTARY SERVICES TO IMPROVE FAMILY FUNCTIONING
 AND PREVENT REPEAT REPORTS.  CASES ASSIGNED TO THIS TRACK SHALL  NOT  BE
 SUBJECT  TO  THE  REQUIREMENTS OTHERWISE APPLICABLE TO CASES REPORTED TO
 THE STATEWIDE REGISTER OF CHILD ABUSE AND MALTREATMENT PURSUANT TO  THIS
 TITLE, EXCEPT AS SET FORTH IN THIS SECTION.
   (C)  THE  DEMONSTRATION  PROGRAM  AUTHORIZED  BY THIS SECTION SHALL BE
 CONDUCTED FOR THE PERIOD COMMENCING JANUARY FIRST, TWO THOUSAND  TWENTY-
 TWO  AND  ENDING  DECEMBER  THIRTY-FIRST, TWO THOUSAND TWENTY-FIVE.  THE
 ADVISORY COUNCIL ESTABLISHED BY THIS  SECTION  SHALL  EXIST  UNTIL  JUNE
 THIRTIETH, TWO THOUSAND TWENTY-SIX.
   (D) THE DISTRICT SHALL ESTABLISH A LOCAL ADVISORY COUNCIL TO ASSIST IT
 IN IMPLEMENTING THE DUAL TRACK DEMONSTRATION PROGRAM AND PROVIDING BROAD
 BASED INPUT.
   (1) THE ADVISORY COUNCIL SHALL CONSIST OF NINE MEMBERS: SIX MEMBERS TO
 BE APPOINTED BY THE COUNTY OF WESTCHESTER; ONE MEMBER TO BE APPOINTED BY
 THE  COMMISSIONER  OF  THE  OFFICE  OF CHILDREN AND FAMILY SERVICES; ONE
 MEMBER TO BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE; AND ONE
 MEMBER TO BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY. MEMBERS SHALL  BE
 APPOINTED BASED UPON THEIR PROFESSIONAL EXPERTISE, KNOWLEDGE AND EXPERI-
 ENCE  IN  THE  AREA  OF  CHILD PROTECTIVE SERVICES. THE ADVISORY COUNCIL
 SHALL BE BROADLY REPRESENTATIVE OF  PROGRAMS  AND  SERVICES  OFFERED  IN
 CONNECTION  WITH  THE  PROVISION  OF CHILD PROTECTIVE SERVICES, ADVOCACY
 GROUPS AND COMMUNITY MEMBERS.
   (2) MEMBERS OF THE COUNCIL SHALL BE APPOINTED PRIOR TO  THE  COMMENCE-
 MENT  OF  THE DEMONSTRATION PROGRAM. THE COUNCIL SHALL ADVISE AND ASSIST
 THE COUNTY OF WESTCHESTER IN DEVELOPING PLANS, POLICIES  AND  PROCEDURES
 RELATING  TO  THE  CONDUCT  OF  THE DUAL TRACK CHILD PROTECTIVE SERVICES
 DEMONSTRATION PROGRAM AUTHORIZED IN  THIS  SECTION.  THE  COUNCIL  SHALL
 UNDERTAKE  ITS  DUTIES  AS  SOON AS PRACTICABLE AFTER APPOINTMENT OF THE
 MEMBERS SO AS TO ENSURE ITS EARLY INTERVENTION IN ASSESSING AND ADVISING
 WITH RESPECT TO THE DEMONSTRATION PROGRAM. THE COUNCIL MAY CONSIDER  ANY
 MATTER  RELATING TO IMPROVING THE DEMONSTRATION PROGRAM AND SHALL ADVISE
 THE COUNTY OF WESTCHESTER AND THE OFFICE OF CHILDREN AND FAMILY SERVICES
 ON SUCH MATTERS.
   2. (A) THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY  SERVICES
 SHALL  DEVELOP  AN  APPLICATION  FORMAT TO BE SUBMITTED BY THE COUNTY OF
 WESTCHESTER. THE COMMISSIONER OF  THE  OFFICE  OF  CHILDREN  AND  FAMILY
 SERVICES  SHALL  PERMIT  THE  DISTRICT  BROAD DISCRETION IN PLANNING AND
 IMPLEMENTING ITS DUAL TRACK DEMONSTRATION PROGRAM.
   (B) IN ADDITION TO SUCH OTHER INFORMATION AS THE COMMISSIONER  OF  THE
 OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES SHALL REQUIRE TO BE INCLUDED
 WITHIN THE APPLICATION FORMAT, THE APPLICATION FORMAT SHALL CONTAIN  THE
 FOLLOWING INFORMATION:
   (1)  IN  CONJUNCTION  WITH  THE OFFICE OF CHILDREN AND FAMILY SERVICES
 REQUIREMENTS AND THE PROVISIONS OF  THIS  SECTION,  THE  FACTORS  TO  BE
 CONSIDERED  BY  THE  SOCIAL SERVICES DISTRICT IN DETERMINING WHICH CASES

 A. 1599                             3
 
 WILL BE ADDRESSED THROUGH THE FAMILY ASSESSMENT AND SERVICES TRACK,  THE
 SIZE  OF THE POPULATION AND THE GEOGRAPHIC AREA TO BE THE SUBJECT OF THE
 DEMONSTRATION PROGRAM;
   (2) THE TYPES OF SERVICES AND INTERVENTIONS TO BE PROVIDED TO FAMILIES
 INCLUDED  IN  THE FAMILY ASSESSMENT AND SERVICES TRACK AND A DESCRIPTION
 OF HOW THE SERVICES WILL BE OFFERED;
   (3) A DESCRIPTION OF THE PROCESS TO BE FOLLOWED FOR PLANNING AND MONI-
 TORING THE SERVICES PROVIDED UNDER THE FAMILY  ASSESSMENT  AND  SERVICES
 TRACK;
   (4)  A  DESCRIPTION  OF  HOW  THE PRINCIPLES OF FAMILY INVOLVEMENT AND
 SUPPORT CONSISTENT WITH MAINTAINING THE SAFETY  OF  THE  CHILD  WILL  BE
 IMPLEMENTED IN THE FAMILY ASSESSMENT AND SERVICES TRACK;
   (5)  A  DESCRIPTION OF HOW THE DUAL TRACK RESPONSE SYSTEM WILL ENHANCE
 THE ABILITY OF THE DISTRICT TO PROTECT CHILDREN, MAINTAIN THE SAFETY  OF
 CHILDREN AND PRESERVE FAMILIES;
   (6)  A  DESCRIPTION OF HOW THE DISTRICT WILL REDUCE THE INVOLVEMENT OF
 GOVERNMENT AGENCIES WITH FAMILIES AND MAINTAIN THE  SAFETY  OF  CHILDREN
 THROUGH THE USE OF COMMUNITY RESOURCES;
   (7)  A  DESCRIPTION  OF THE STAFF RESOURCES PROPOSED TO BE USED IN THE
 FAMILY ASSESSMENT AND SERVICES TRACK, INCLUDING THE PROPOSED STAFF WORK-
 LOADS AND QUALIFICATIONS;
   (8) A DESCRIPTION OF THE TRAINING THAT WILL BE  PROVIDED  TO  DISTRICT
 AND  ANY  NON-DISTRICT  STAFF  TO  BE  USED IN THE DEMONSTRATION PROGRAM
 INCLUDING, BUT NOT LIMITED TO, A DESCRIPTION OF THE  TRAINING  INVOLVING
 MAINTAINING THE SAFETY AND WELL-BEING OF CHILDREN;
   (9)  A  DESCRIPTION OF THE COMMUNITY RESOURCES THAT ARE PROPOSED TO BE
 USED IN THE FAMILY ASSESSMENT AND SERVICES TRACK; AND
   (10) A DESCRIPTION OF ANY ADDITIONAL FUNDING THAT MAY BE  UTILIZED  TO
 ENHANCE THE DEMONSTRATION PROGRAM.
   3.  THE  CRITERIA  FOR  DETERMINING  WHICH  CASES MAY BE PLACED IN THE
 ASSESSMENT TRACK UNDER THE DEMONSTRATION PROGRAM SHALL BE DETERMINED  BY
 THE  LOCAL DEPARTMENT OF SOCIAL SERVICES, IN CONJUNCTION WITH THE OFFICE
 OF CHILDREN AND FAMILY SERVICES. PROVIDED, HOWEVER, THAT REPORTS INCLUD-
 ING ANY OF THE FOLLOWING ALLEGATIONS SHALL  NEVER  BE  INCLUDED  IN  THE
 ASSESSMENT TRACK OF A DEMONSTRATION PROGRAM:
   (A)  REPORTS  ALLEGING  THAT  THE  SUBJECT  COMMITTED OR ALLOWED TO BE
 COMMITTED AN OFFENSE DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE  PENAL
 LAW;
   (B) REPORTS ALLEGING THAT THE SUBJECT ALLOWED, PERMITTED OR ENCOURAGED
 A  CHILD  TO  ENGAGE IN ANY ACT DESCRIBED IN SECTIONS 230.25, 230.30 AND
 230.32 OF THE PENAL LAW;
   (C) REPORTS ALLEGING THAT  THE  SUBJECT  COMMITTED  ANY  OF  THE  ACTS
 DESCRIBED IN SECTION 255.25 OF THE PENAL LAW;
   (D)  REPORTS  ALLEGING  THAT  THE SUBJECT ALLOWED A CHILD TO ENGAGE IN
 ACTS OR CONDUCT DESCRIBED IN ARTICLE  TWO  HUNDRED  SIXTY-THREE  OF  THE
 PENAL LAW;
   (E)  REPORTS ALLEGING THAT THE SUBJECT COMMITTED ASSAULT IN THE FIRST,
 SECOND OR THIRD DEGREE AGAINST A CHILD;
   (F) REPORTS ALLEGING THAT THE SUBJECT COMMITTED OR ATTEMPTED TO COMMIT
 MURDER OR MANSLAUGHTER IN THE FIRST OR SECOND DEGREE;
   (G) REPORTS ALLEGING THAT THE SUBJECT ABANDONED A  CHILD  PURSUANT  TO
 SUBDIVISION FIVE OF SECTION THREE HUNDRED EIGHTY-FOUR-B OF THIS ARTICLE;
   (H)  REPORTS ALLEGING THAT THE SUBJECT HAS SUBJECTED A CHILD TO SEVERE
 OR REPEATED ABUSE AS THOSE TERMS ARE DEFINED IN PARAGRAPHS (A)  AND  (B)
 OF  SUBDIVISION  EIGHT  OF  SECTION  THREE HUNDRED EIGHTY-FOUR-B OF THIS
 ARTICLE; AND

 A. 1599                             4
 
   (I) REPORTS ALLEGING THAT THE SUBJECT HAS NEGLECTED A CHILD SO  AS  TO
 SUBSTANTIALLY  ENDANGER THE CHILD'S PHYSICAL OR MENTAL HEALTH, INCLUDING
 A GROWTH DELAY, WHICH MAY BE REFERRED TO AS FAILURE TO THRIVE, THAT  HAS
 BEEN DIAGNOSED BY A PHYSICIAN AND IS DUE TO PARENTAL NEGLECT.
   4.  THE  FOLLOWING PROCEDURES SHALL BE FOLLOWED FOR ALL CASES INCLUDED
 IN THE FAMILY ASSESSMENT AND SERVICES TRACK:
   (A) REPORTS TAKEN AT THE STATEWIDE CENTRAL REGISTER OF CHILD ABUSE AND
 MALTREATMENT SHALL BE TRANSMITTED TO THE DISTRICT.
   (B) THE DISTRICT SHALL, CONSISTENT WITH THE CRITERIA DEVELOPED  PURSU-
 ANT  TO  SUBDIVISION THREE OF THIS SECTION, IDENTIFY THOSE REPORTS WHICH
 ARE INITIALLY ELIGIBLE TO BE  INCLUDED  IN  THE  FAMILY  ASSESSMENT  AND
 SERVICES TRACK.
   (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
 SHALL BE COMMENCED WITHIN TWENTY-FOUR HOURS OF RECEIPT OF THE REPORT AND
 COMPLETED  WITHIN  SEVEN  DAYS.   BASED ON THE INITIAL SAFETY CHECK, THE
 DISTRICT SHALL DETERMINE IF THE REPORT SHALL CONTINUE UNDER  THE  DEMON-
 STRATION  PROGRAM.  THIS  SAFETY  CHECK 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.
   (1) WHERE THE  SOCIAL  SERVICES  DISTRICT  DETERMINES,  BASED  ON  THE
 INITIAL  SAFETY  CHECK, 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 THE INITIAL SAFETY
 CHECK 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 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.
   (2) WHERE THE  SOCIAL  SERVICES  DISTRICT  DETERMINES,  BASED  ON  THE
 INITIAL SAFETY CHECK, 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. WHERE THE
 SOCIAL SERVICES DISTRICT MAKES  THE  DETERMINATION  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 ASSESSMENT AND SERVICES TRACK.
   (D) WHERE THE SOCIAL SERVICES DISTRICT HAS DETERMINED THAT A  CASE  IS
 APPROPRIATE  TO BE INCLUDED IN THE FAMILY ASSESSMENT AND SERVICES TRACK,
 THE DISTRICT'S ACTIVITIES SHALL INCLUDE, AT A MINIMUM, THE FOLLOWING:
   (1) THE PROVISION OF WRITTEN NOTICE TO EACH PARENT, GUARDIAN OR  OTHER
 PERSON  LEGALLY  RESPONSIBLE  FOR THE CHILD OR CHILDREN PARTICIPATING IN
 THE FAMILY ASSESSMENT AND SERVICES  TRACK  EXPLAINING  THAT  IT  IS  THE
 INTENT  OF  THE SOCIAL SERVICES DISTRICT TO MEET THE NEEDS OF THE FAMILY

 A. 1599                             5

 WITHOUT ENGAGING IN A TRADITIONAL  CHILD  PROTECTIVE  SERVICES  INVESTI-
 GATION.  THE  NOTICE  SHALL  ALSO EXPLAIN THAT THE WORKERS ASSISTING THE
 FAMILY IN THE FAMILY ASSESSMENT AND SERVICES TRACK ARE  MANDATED  REPOR-
 TERS  WHO  ARE  REQUIRED TO REPORT SUSPECTED CHILD ABUSE OR MALTREATMENT
 AND THAT THOSE WORKERS MAY BE REQUIRED TO REPORT  NEW  INFORMATION  THAT
 THEY  RECEIVE  IN  THEIR  WORK WITH THE FAMILY IF THAT INFORMATION GIVES
 THEM REASONABLE CAUSE TO SUSPECT THAT A CHILD IN THE FAMILY IS AN ABUSED
 OR MALTREATED CHILD;
   (2) AN EXAMINATION,  WITH  THE  FAMILY,  OF  THE  FAMILY'S  STRENGTHS,
 CONCERNS AND NEEDS;
   (3) WHERE APPROPRIATE, AN OFFER OF ASSISTANCE WHICH SHALL INCLUDE CASE
 MANAGEMENT THAT IS SUPPORTIVE OF FAMILY STABILIZATION;
   (4)  THE  PLANNING AND PROVISION OF SERVICES RESPONSIVE TO THE SERVICE
 NEEDS OF THE FAMILY; AND
   (5) AN ON-GOING  JOINT  EVALUATION  AND  ASSESSMENT  OF  THE  FAMILY'S
 PROGRESS.
   (E)  AFTER  THE  SOCIAL  SERVICES  DISTRICT  HAS  RECEIVED A REPORT OF
 SUSPECTED MALTREATMENT AND  DETERMINED  THAT  THE  REPORT  IS  INITIALLY
 ELIGIBLE  TO  BE  INCLUDED  IN THE FAMILY ASSESSMENT AND SERVICES TRACK,
 PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION, THE ACTIVITIES  DESCRIBED
 IN  PARAGRAPHS  (C)  AND (D) OF THIS SUBDIVISION MAY BE PERFORMED BY THE
 SOCIAL SERVICES DISTRICT DIRECTLY OR THROUGH ANY OTHER METHOD  CURRENTLY
 UTILIZED  BY SOCIAL SERVICES DISTRICTS TO OBTAIN PREVENTIVE SERVICES FOR
 CHILDREN AND FAMILIES.  IF A COMMUNITY-BASED AGENCY DETERMINES, PURSUANT
 TO SUBPARAGRAPH TWO OF PARAGRAPH (C) OF THIS SUBDIVISION, THAT A  REPORT
 MUST BE INVESTIGATED AS A CASE OF SUSPECTED CHILD ABUSE OR MALTREATMENT,
 THE COMMUNITY-BASED AGENCY SHALL SO INFORM THE SOCIAL SERVICES DISTRICT,
 WHICH  SHALL THEN BECOME RESPONSIBLE FOR CONDUCTING THE CHILD PROTECTIVE
 SERVICES INVESTIGATION IN  ACCORDANCE  WITH  THE  REQUIREMENTS  OF  THIS
 TITLE.
   (F)  A  REPORT  SELECTED  FOR  INCLUSION  IN THE FAMILY ASSESSMENT AND
 SERVICES TRACK SHALL CEASE TO BE ELIGIBLE FOR INCLUSION IN SUCH TRACK IF
 AT ANY TIME IN THE COURSE OF PROVIDING SERVICES THE DISTRICT OR COMMUNI-
 TY-BASED AGENCY FINDS THAT:
   (1) THERE IS EVIDENCE OF ANY OF THE  ACTS  LISTED  IN  PARAGRAPHS  (A)
 THROUGH (I) OF SUBDIVISION THREE OF THIS SECTION; OR
   (2)  THE  PARENT  OR  PARENTS REFUSE TO COOPERATE WITH THE DISTRICT OR
 COMMUNITY-BASED AGENCY IN DEVELOPING OR IMPLEMENTING A PLAN  TO  ADDRESS
 THE  FAMILY  PROBLEMS OR ISSUES AND A WORKER ASSISTING THE FAMILY IN THE
 FAMILY ASSESSMENT AND SERVICES TRACK HAS  REASONABLE  CAUSE  TO  SUSPECT
 THAT A CHILD IN THE FAMILY IS AN ABUSED OR MALTREATED CHILD.
   (G)  WHERE THE DISTRICT FINDS OR IS ADVISED BY A COMMUNITY-BASED AGEN-
 CY, SUBSEQUENT TO THE COMPLETION OF THE INITIAL SAFETY CHECK,  THAT  THE
 REPORT  IS  NOT  APPROPRIATE  TO  CONTINUE  IN THE FAMILY ASSESSMENT AND
 SERVICES TRACK PURSUANT  TO  PARAGRAPH  (F)  OF  THIS  SUBDIVISION,  THE
 DISTRICT SHALL CONTACT THE STATEWIDE CENTRAL REGISTER OF CHILD ABUSE AND
 MALTREATMENT AND MAKE A NEW REPORT OF SUSPECTED CHILD ABUSE OR MALTREAT-
 MENT.
   (H)  IN ANY CASE WHERE A REPORT HAS BEEN ASSIGNED TO THE INVESTIGATORY
 TRACK, BUT AFTER SUCH INITIAL  ASSIGNMENT  THE  DISTRICT  OR  A  SERVICE
 PROVIDER  DETERMINES  THAT BECAUSE OF ANY INFORMATION IT RECEIVES DURING
 THE INVESTIGATION, OR DURING THE PROVISION OF CARE  AND  SERVICES,  THAT
 SUCH  REPORT  SHOULD  BE REMOVED AND PLACED IN THE FAMILY ASSESSMENT AND
 SERVICES TRACK, THE DISTRICT  SHALL  SO  NOTIFY  THE  STATEWIDE  CENTRAL
 REGISTER OF CHILD ABUSE AND MALTREATMENT THAT IT IS NOW CONSIDERING SUCH
 REPORT  AS  PART  OF  THE  FAMILY  ASSESSMENT AND SERVICES TRACK, AND IS

 A. 1599                             6
 
 MAKING A REPORT TO SUCH REGISTER AS IF SUCH REPORT WERE INITIALLY TO  BE
 INCLUDED IN THE FAMILY ASSESSMENT AND SERVICES TRACK.
   (I)  WHERE  A  REPORT  HAS  BEEN INCLUDED IN THE FAMILY ASSESSMENT AND
 SERVICES TRACK AND A SUBSEQUENT REPORT INVOLVING THE FAMILY IS  MADE  TO
 THE STATEWIDE CENTRAL REGISTER OF CHILD ABUSE AND MALTREATMENT, AND SUCH
 SUBSEQUENT REPORT IS NOT ELIGIBLE FOR INCLUSION IN THE FAMILY ASSESSMENT
 AND  SERVICES  TRACK, THE LOCAL CHILD PROTECTIVE SERVICES, IN CONDUCTING
 ITS INVESTIGATION, SHALL WORK COOPERATIVELY WITH ANY DISTRICT OR  COMMU-
 NITY-BASED  AGENCY  STAFF  THAT  ARE  ALREADY WORKING WITH THE FAMILY TO
 MINIMIZE TO THE EXTENT PRACTICABLE THE  CHANCE  THAT  EXISTING  SERVICES
 BEING  PROVIDED  TO  THE FAMILY WILL BE DISRUPTED AND TO MAXIMIZE TO THE
 EXTENT PRACTICABLE THE  COORDINATION  OF  THE  EXISTING  SERVICES  BEING
 PROVIDED TO THE FAMILY WITH ANY NEW SERVICES TO BE PROVIDED TO THE FAMI-
 LY.
   (J)  THE  DISTRICT  SHALL INCLUDE IN THE TRAINING OF EMPLOYEES CHARGED
 WITH MAKING ANY OF THE REFERRALS TO, AND INVESTIGATIONS  OR  ASSESSMENTS
 IN  EITHER  OF  THE  TWO  TRACKS TECHNIQUES TO IDENTIFY INSTANCES WHERE,
 ALTHOUGH REPORTS WERE INITIALLY ASSIGNED TO THE  FAMILY  ASSESSMENT  AND
 SERVICES TRACK SUBSEQUENT INFORMATION DERIVED FROM SUCH ASSESSMENT RAIS-
 ES  THE  POSSIBILITY  THAT UNLAWFUL OR OTHER INAPPROPRIATE ACTIVITIES OR
 BEHAVIOR MAY BE PRESENT AND WOULD WARRANT REFERRAL TO THE  INVESTIGATORY
 TRACK  AND  INSTANCES WHERE, ALTHOUGH REPORTS WERE INITIALLY ASSIGNED TO
 THE INVESTIGATORY TRACK, SUBSEQUENT INFORMATION DERIVED FROM SUCH INVES-
 TIGATION WARRANTS A LESS INTRUSIVE AND MORE SERVICE ORIENTED APPROACH.
   (K) ANY RECORD OR REPORT OR OTHER  DOCUMENTATION  MADE  IN  CONNECTION
 WITH  THE  CONDUCT  OR  OPERATION  OF THE FAMILY ASSESSMENT AND SERVICES
 TRACK BY THE DISTRICT SHALL BE DEEMED  CONFIDENTIAL  AND  SHALL  NOT  BE
 DISCLOSED,  EXCEPT  TO  THE  OFFICE OF CHILDREN AND FAMILY SERVICES, THE
 DISTRICT, ANY PROVIDER OF  SERVICES  ACTING  BY  OR  ON  BEHALF  OF  THE
 DISTRICT  AND  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 INITIATING THE FAMILY ASSESSMENT
 AND SERVICES TRACK CASE.  NOTHING  CONTAINED  IN  THIS  PARAGRAPH  SHALL
 PROHIBIT  THE  OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES  OR THE LOCAL
 DISTRICT FROM PUBLISHING A  STATISTICAL  ANALYSIS  OR  OTHER  REPORT  OR
 DOCUMENTATION,  WITH  IDENTIFYING  INFORMATION  REMOVED, SUMMARIZING THE
 EFFECTIVENESS OF THE DUAL TRACK SYSTEM CREATED IN THIS SECTION.
   (L) NO PERSON OR PROVIDER OF SERVICES SHALL SUFFER ANY LIABILITY WHERE
 SUCH PERSON OR PROVIDER REASONABLY CONCLUDES, BASED ON  THE  RESULTS  OF
 INVESTIGATION OR INFORMATION GATHERED IN PROVIDING SERVICES, THAT SUCH A
 REFERRAL FROM ONE TRACK TO ANOTHER MAY BE REQUIRED BY LAW.
   5. ANY EXPENDITURE MADE BY THE DISTRICT IN COMPLYING WITH AND CARRYING
 OUT  THE PROVISIONS OF THIS SECTION SHALL BE SUBJECT TO REIMBURSEMENT BY
 THE STATE IN THE  SAME  MANNER  AS  EXPENDITURES  FOR  CHILD  PROTECTIVE
 SERVICES  INVESTIGATIONS  AND  MAY  BE  SUPPORTED  BY SUCH OTHER FUNDING
 SOURCES AS ARE APPROPRIATE INCLUDING, BUT  NOT  LIMITED  TO,  PREVENTIVE
 SERVICES  PROVIDED PURSUANT TO SECTION FOUR HUNDRED NINE-A OF THIS ARTI-
 CLE AND INDEPENDENT LIVING SERVICES. NOTHING SHALL PRECLUDE THE DISTRICT
 FROM SEEKING PRIVATE FUNDS FOR THE SUPPORT OF THE DEMONSTRATION PROGRAM.
   6.  (A) IN CONDUCTING THE DEMONSTRATION  PROGRAM,  THE  PROVISIONS  OF
 SECTIONS  FOUR  HUNDRED  NINE-E  AND FOUR HUNDRED NINE-F OF THIS ARTICLE
 SHALL NOT BE APPLICABLE TO THE DISTRICT.
   (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,  THE  EXAMINATION OF THE FAMILY'S STRENGTHS, CONCERNS AND
 NEEDS, ALL SERVICES OFFERED AND ACCEPTED BY THE  FAMILY,  THE  PLAN  FOR

 A. 1599                             7
 
 SUPPORTIVE  SERVICES FOR THE FAMILY, AND ALL EVALUATIONS AND ASSESSMENTS
 OF THE FAMILY'S PROGRESS.
   (C)  RECORDS  CREATED  UNDER  THE FAMILY ASSESSMENT AND SERVICES TRACK
 SHALL BE MAINTAINED FOR TEN YEARS AFTER THE DATE OF THE  INITIAL  REPORT
 TO THE STATEWIDE REGISTER OF CHILD ABUSE AND MALTREATMENT.
   § 4. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair or invalidate the remainder thereof, but shall be confined in its
 operation  to  the  clause, sentence, paragraph, subdivision, section or
 part thereof directly involved in the controversy in which such judgment
 shall have been rendered. It is hereby declared to be the intent of  the
 legislature  that  this act would have been enacted even if such invalid
 provisions had not been included herein.
   § 5. This act shall take effect immediately and shall  expire  and  be
 deemed repealed July 2, 2026.