Bill Text: NY A04613 | 2015-2016 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Directs the office of children and family services to promulgate regulations establishing workload standards for child protective service employees.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-03-03 - enacting clause stricken [A04613 Detail]

Download: New_York-2015-A04613-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4613
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 4, 2015
                                      ___________
       Introduced  by M. of A. CLARK -- read once and referred to the Committee
         on Children and Families
       AN ACT to amend the social services law, in relation  to  directing  the
         office of children and family services to establish workload standards
         for child protective services workers
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  Section 20-a of the social services law, as added by chap-
    2  ter 107 of the laws of 1971, is amended to read as follows:
    3    S 20-a.  Local personnel; limitations on department's power.  Notwith-
    4  standing any inconsistent provision of  this  chapter,  the  board,  the
    5  commissioner  or  the  department, acting singly or in unison, shall not
    6  have the power, directly  or  indirectly  to  prescribe  the  number  of
    7  persons  to  be  employed  in any social services district providing the
    8  district complies with the minimum federal standards  relating  thereto;
    9  PROVIDED,  HOWEVER,  THAT THE PROVISIONS OF THIS SECTION SHALL NOT APPLY
   10  TO THE REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY SERVICES  ESTAB-
   11  LISHING WORKLOAD STANDARDS FOR CHILD PROTECTIVE SERVICES WORKERS PROMUL-
   12  GATED  PURSUANT  TO  PARAGRAPH  (C)  OF SUBDIVISION FOUR OF SECTION FOUR
   13  HUNDRED TWENTY-ONE OF THIS CHAPTER.
   14    S 2. Subdivision 4 of section  421  of  the  social  services  law  is
   15  amended by adding a new paragraph (c) to read as follows:
   16    (C)  PROMULGATE  REGULATIONS  RELATING TO WORKLOAD STANDARDS FOR CHILD
   17  PROTECTIVE SERVICES, WHICH SHALL BE NO MORE THAN  FIFTEEN  ACTIVE  CASES
   18  PER  MONTH  PER  FULL  TIME CHILD PROTECTIVE SERVICES WORKER. NOTHING IN
   19  THIS PARAGRAPH SHALL BE CONSTRUED TO FORBID THE OFFICE OF  CHILDREN  AND
   20  FAMILY  SERVICES  FROM  PROMULGATING REGULATIONS THAT REQUIRE AN AVERAGE
   21  WORKLOAD STANDARD OF LESS THAN FIFTEEN ACTIVE CASES PER MONTH  PER  FULL
   22  TIME CHILD PROTECTIVE SERVICES WORKER.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08570-01-5
       A. 4613                             2
    1    S  3.  Paragraph  (c)  of  subdivision  1 of section 423 of the social
    2  services law, as amended by chapter 83 of the laws of 1995,  is  amended
    3  to read as follows:
    4    (c)  The  child  protective  service  shall  have  a sufficient staff,
    5  SUBJECT TO THE PROVISIONS  OF  PARAGRAPH  (C)  OF  SUBDIVISION  FOUR  OF
    6  SECTION  FOUR HUNDRED TWENTY-ONE OF THIS TITLE, of sufficient qualifica-
    7  tions to fulfill the purposes of this title and be organized in  such  a
    8  way as to maximize the continuity of responsibility, care and service of
    9  individual  workers  toward  individual  children and families. A social
   10  services district shall have flexibility in assigning staff to the child
   11  protective service provided that each staff assigned to such service has
   12  the staff qualifications and has received the training required  by  the
   13  department  regulations  promulgated  pursuant  to subdivisions four and
   14  five of section four hundred twenty-one of this title.
   15    S 4. This act shall take effect on the  seven  hundred  thirtieth  day
   16  after it shall have become a law.