Senate Bill S4078

                             
                     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.