NY State Senate Bill 2023-S4078

Senate Bill S4078

2023-2024 Legislative Session

Relates to differential response programs for child protection assessments or investigations

download bill text pdf

Current 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

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 21, 2024	reported and committed to finance
Jan 03, 2024	referred to children and families
Feb 02, 2023	referred to children and families

Votes

- May 21, 2024 - Children And Families Committee Vote
  S4078
  
  5
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Children And Families Committee Vote: May 21, 2024
      
      aye (5)
      
      Bailey
      
      Brisport
      
      Brouk
      
      Hoylman-Sigal
      
      Persaud
      
      aye wr (2)
      
      Ashby
      
      Rolison

co-Sponsors

2023-S4078 (ACTIVE) - Details

See Assembly Version of this Bill:: A2445
Current Committee:: Senate Finance
Law Section:: Social Services Law
Laws Affected:: Amd §427-a, Soc Serv L
Versions Introduced in 2021-2022 Legislative Session:: S5674, A7067

2023-S4078 (ACTIVE) - Summary

Relates to differential response programs for child protection assessments or investigations; requires social services districts to establish such programs upon authorization from the office of children and family services.

2023-S4078 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4078

SPONSOR: BRISPORT
 
TITLE OF BILL:

An act to amend the social services law, in relation to differential
response programs for child protection assessments or investigations

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends subdivision 1 of section 427-a of the
social services law to require the implementation of differential
response programs regarding reports of child abuse and maltreatment.

Section 2 of the bill amends subdivision 2 of section 427-a of the
social services law to set forth certain requirements regarding such
differential response programs, including requirements to remove implic-
it biases.

Section 3 of the bill amends subdivision 3 of section 427-a of the
social services law to add language regarding the removal of implicit
biases.

Section 4 of the bill amends subdivision 7 of section 427-a of the
social services law to reflect the requirements for differential
response programs.

Section 5 of the bill sets forth the effective date.

 
JUSTIFICATION:

This bill would require each local services district (LSSD) to establish
a program that implements differential responses to reports of child
maltreatment. Differential response programs are designed to allow the
LSSD to work collaboratively with a family to address allegations in
cases where there are no showings of immediate or impending danger to
the safety of the child or family. Programs such as these further allow
child protection services to focus on the more serious cases in which
abuse and neglect have been confirmed, while also recognizing that vari-
ations in families' needs and strengths require different approaches.
Current law allows LSSDs, at their discretion, to submit a plan to the
Office of Children and Family Services (OCFS) for authorization of a
differential response program.  This bill would remove the discretion
and require each LSSD to implement such a plan that includes protocols
for removing implicit bias from the decision-making process.

 
PRIOR LEGISLATIVE HISTORY:

2021-22: S5674

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take on the hundred eightieth day after it shall become
law.

2023-S4078 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4078
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2023
                                ___________
 
 Introduced by Sens. BRISPORT, SALAZAR -- read twice and ordered printed,
   and  when  printed  to  be  committed 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05035-01-3

 S. 4078                             2
 
 of children and family services ON OR BEFORE JANUARY FIRST, TWO THOUSAND
 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.

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Senate Bill S4078

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Sponsored By

Jabari Brisport