S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2445
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2023
                                ___________
 
 Introduced by M. of A. HEVESI -- read once and referred to the Committee
   on Children and Families
 
 AN  ACT  to  amend  the social services law, in relation to differential
   response programs 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. Subdivision 1 of section 427-a of the social services law,
 as amended by chapter 45 of the laws of 2011,  is  amended  to  read  as
 follows:
   1.  [Any] EACH social services district [may] SHALL, upon the authori-
 zation of the office  of  children  and  family  services,  establish  a
 program that implements differential responses to reports of child abuse
 and  maltreatment.  Such  programs  shall create a family assessment and
 services track as an alternative means  of  addressing  certain  matters
 otherwise  investigated  as  allegations  of child abuse or maltreatment
 pursuant to this title. Notwithstanding any other provision  of  law  to
 the  contrary,  the provisions of this section shall apply only to those
 cases  involving  allegations  of  [abuse  or]  maltreatment  in  family
 settings  expressly included in the family assessment and services track
 of the AUTHORIZED differential response  program[,  and  only  in  those
 social services districts authorized by the office of children and fami-
 ly  services  to  implement a differential response program]. Such cases
 shall not be subject to the requirements otherwise applicable  to  cases
 reported  to the statewide central register of child abuse and maltreat-
 ment pursuant to this title, except as set forth in this section.
   § 2.  The opening paragraph and paragraph  (a)  of  subdivision  2  of
 section 427-a of the social services law, as added by chapter 452 of the
 laws of 2007, are amended to read as follows:
   [Any]  EACH  social  services  district  [interested in implementing a
 differential response program] shall [apply] SUBMIT A PLAN to the office
 of children and family services ON OR BEFORE JANUARY FIRST, TWO THOUSAND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05035-01-3
              

 A. 2445                             2
 
 TWENTY-FIVE for [permission to participate] AUTHORIZATION TO  OPERATE  A
 PROGRAM  PURSUANT  TO  SUBDIVISION  ONE OF THIS SECTION PRIOR TO JANUARY
 FIRST, TWO THOUSAND TWENTY-SIX. The  criteria  for  [a  social  services
 district  to participate] AUTHORIZATION will be determined by the office
 of children and family services after consultation with the  office  for
 the  prevention  of  domestic  violence[,];  however the social services
 district's [application must include a] plan [setting] SHALL  SET  forth
 the following:
   (a)  in  conjunction  with  any additional requirements imposed by the
 office of children and family services and the provisions of this subdi-
 vision, the factors to be considered by the social services district  in
 determining  which cases will be addressed through the family assessment
 and services track and the size of the population to be the  subject  of
 the  differential  response  program  AND  THE PROTOCOLS THAT WILL BE IN
 PLACE TO REMOVE IMPLICIT BIAS FROM THE DECISION-MAKING PROCESS IN DETER-
 MINING WHICH CASES WILL BE SUBJECT TO THE DIFFERENTIAL RESPONSE;
   § 3. The opening paragraph of subdivision 3 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:
   The criteria for determining which cases may be placed in the  assess-
 ment  track  shall  be  determined  by  the  local  department of social
 services, in conjunction with AND IN ACCORDANCE  WITH  REQUIREMENTS  SET
 FORTH  BY the office of children and family services and after consulta-
 tion with the office for the prevention of domestic violence.  Provided,
 however,  that  SUCH CRITERIA SHALL INCLUDE PROTOCOLS TO REMOVE IMPLICIT
 BIAS IN THE DECISION-MAKING PROCESS.  PROVIDED  FURTHER,  HOWEVER,  THAT
 reports including any of the following allegations shall not be included
 in the assessment track of a differential response program:
   §  4.  Subdivision  7  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:
   7. The office of children and family services shall  post  [the]  EACH
 plan  [contained  in  any  application approved] for implementation of a
 differential response program on  the  office  of  children  and  family
 services website within sixty days of such approval.
   § 5. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.