Senate Bill S10122

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10122
 
                             I N  S E N A T E
 
                              April 30, 2026
                                ___________
 
 Introduced  by Sen. BRISPORT -- 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 requiring social
   services districts to develop family assessment and services tracks to
   address certain types of cases
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions  1,  2  and 3 of section 427-a of the social
 services law, as added by chapter 452 of the laws of 2007  and  subdivi-
 sion  1  as amended by chapter 45 of the laws of 2011, are amended and a
 new subdivision 3-a is added to read as follows:
   1. [Any] EXCEPT  AS  PROVIDED  FOR  IN  SUBDIVISION  THREE-A  OF  THIS
 SECTION, ANY social services district may, upon the authorization of the
 office  of children and family services, establish a program that imple-
 ments 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 differential
 response program, and only in those social services districts authorized
 by the office of children and family services to implement  a  differen-
 tial  response  program. Such cases shall not be subject to the require-
 ments otherwise applicable to cases reported to  the  statewide  central
 register  of child abuse and maltreatment pursuant to this title, except
 as set forth in this section.
   2. Any social services district interested in implementing a differen-
 tial response program shall apply to the office of children  and  family
 services for permission to participate, EXCEPT AS PROVIDED FOR IN SUBDI-
 VISION  THREE-A  OF  THIS  SECTION.   The criteria for a social services
 district to participate will be determined by the office of children and
 family services after consultation with the office for the prevention of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15261-01-6
 S. 10122                            2
 
 domestic violence, however the social  services  district's  application
 must include a plan setting 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, PROVIDED, HOWEVER THAT CASES MEETING
 THE REQUIREMENTS OF PARAGRAPH (A) OF SUBDIVISION THREE-A OF THIS SECTION
 SHALL BE ADDRESSED THROUGH THE  FAMILY  ASSESSMENT  AND  SERVICES  TRACK
 DEVELOPED PURSUANT TO SUCH PARAGRAPH;
   (b) 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;
   (c) a description of the process to be followed for planning and moni-
 toring the services provided under the family  assessment  and  services
 track;
   (d)  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;
   (e)  a  description  of  how  the  differential  response program will
 enhance the ability of the district to protect  children,  maintain  the
 safety of children and preserve families;
   (f)  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;
   (g)  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;
   (h) a description of the training that will be  provided  to  district
 and  any  non-district  staff  to  be  used in the differential response
 program including, but not limited to, a  description  of  the  training
 involving  maintaining  the  safety  and  well-being of children and any
 cross training planned for family assessment and investigative staff;
   (i) a description of the community resources that are proposed  to  be
 used in the family assessment and services track;
   (j)  a  description  of any additional funding that may be utilized to
 enhance the differential response program; and
   (k) a description of the protocol to be followed  for  handling  cases
 where  domestic  violence  is present in order to maintain the safety of
 the child through the family assessment and services track.
   3. The criteria for determining which  cases  may  be  placed  in  the
 assessment  track  shall be determined by the local department of social
 services, in conjunction with the office of children and family services
 and after consultation with the office for the  prevention  of  domestic
 violence,  PROVIDED,  HOWEVER,  THAT  CASES  MEETING THE REQUIREMENTS OF
 PARAGRAPH (A) OF SUBDIVISION THREE-A OF THIS SECTION SHALL BE SUBJECT TO
 THE FAMILY ASSESSMENT AND SERVICES  TRACK  DEVELOPED  PURSUANT  TO  SUCH
 PARAGRAPH. Provided, FURTHER, however, that reports including any of the
 following  allegations,  EXCEPT  FOR  CASES  MEETING THE REQUIREMENTS OF
 PARAGRAPH (A) OF SUBDIVISION THREE-A  OF  THIS  SECTION,  shall  not  be
 included in the assessment track of a differential response 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;
 S. 10122                            3
 
   (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, 255.26 or 255.27 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
   (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.
   3-A. (A) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS ONE,  TWO  AND
 THREE  OF  THIS  SECTION,  EVERY SOCIAL SERVICES DISTRICT SHALL CREATE A
 FAMILY ASSESSMENT AND SERVICES TRACK WHICH  SHALL  BE  USED  TO  ADDRESS
 CASES WHERE:
   (I)  THERE  IS  A  PRIOR  HISTORY  OF  MULTIPLE  LIKELY  MALICIOUS AND
 UNFOUNDED COMPLAINTS AGAINST THE RESPONDENT;
   (II) THERE IS NO ACTUAL HISTORY OF  FOUNDED  COMPLAINTS  OF  ABUSE  OR
 MALTREATMENT AGAINST THE RESPONDENT WITHIN THE PRECEDING FOUR YEARS; AND
   (III)  THE  INITIAL INVESTIGATION INTO THE NEW COMPLAINT YIELDS NO NEW
 INFORMATION WHICH COULD INDICATE THE  POSSIBILITY  OF  ACTUAL  ABUSE  OR
 MALTREATMENT.
   (B)  CASES  MEETING THE REQUIREMENTS OF PARAGRAPH (A) OF THIS SUBDIVI-
 SION SHALL BE ADDRESSED THROUGH THE FAMILY ASSESSMENT AND SERVICES TRACK
 DEVELOPED PURSUANT TO SUCH PARAGRAPH AND SHALL NOT  BE  SUBJECT  TO  THE
 REQUIREMENTS  OTHERWISE  APPLICABLE  TO  CASES REPORTED TO THE STATEWIDE
 CENTRAL REGISTER OF CHILD ABUSE AND MALTREATMENT PURSUANT TO THIS TITLE.
   (C) THE FAMILY ASSESSMENT AND SERVICES  TRACK  DEVELOPED  PURSUANT  TO
 PARAGRAPH  (A) OF THIS SUBDIVISION SHALL BE SUBJECT TO THE PROVISIONS OF
 SUBDIVISIONS FOUR AND FIVE OF THIS SECTION.
   (D) THE DEVELOPMENT OF A  FAMILY  ASSESSMENT  AND  SERVICES  TRACK  TO
 ADDRESS CASES MEETING THE REQUIREMENTS OF PARAGRAPH (A) OF THIS SUBDIVI-
 SION SHALL NOT BE SUBJECT TO THE AUTHORIZATION OF THE OFFICE OF CHILDREN
 AND  FAMILY  SERVICES PURSUANT TO THE PROVISIONS OF SUBDIVISIONS TWO AND
 THREE OF THIS SECTION. THE DEVELOPMENT OF  SUCH  FAMILY  ASSESSMENT  AND
 SERVICES TRACKS BY SOCIAL SERVICES DISTRICTS SHALL BE REQUIRED FOR CASES
 MEETING  THE REQUIREMENTS OF PARAGRAPH (A) OF THIS SUBDIVISION AND SHALL
 NOT REQUIRE OR BE  SUBJECT  TO  AN  APPLICATION  BY  A  SOCIAL  SERVICES
 DISTRICT TO THE OFFICE OF CHILDREN AND FAMILY SERVICES.
   § 2. This act shall take effect immediately.