Bill Text: NY A07332 | 2021-2022 | General Assembly | Introduced

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

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Bill Title: Establishes standards for caseloads for child protective services workers; requires the state to pay for one hundred percent of the costs associated with compliance of such caseload standard; makes related provisions.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2022-01-05 - referred to ways and means [A07332 Detail]

Download: New_York-2021-A07332-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7332

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                       May 5, 2021
                                       ___________

        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 caseload stand-
          ards 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    § 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 caseload standards for child protective services workers promul-
    12  gated  pursuant  to  paragraph  (a)  of subdivision nine of section four
    13  hundred twenty-one of this chapter.
    14    § 2. Paragraph (a) of subdivision 1 of section  153-k  of  the  social
    15  services law, as added by section 15 of part C of chapter 83 of the laws
    16  of 2002, is amended to read as follows:
    17    (a)  Expenditures  made by social services districts for child protec-
    18  tive services, preventive services provided, as applicable, to  eligible
    19  children  and  families  of  children  who are in and out of foster care
    20  placement, independent living services, aftercare services, and adoption
    21  administration and  services  other  than  adoption  subsidies  provided
    22  pursuant  to  article  six  of  this  chapter and the regulations of the
    23  department of family assistance shall, if  approved  by  the  office  of
    24  children  and  family  services,  be subject to sixty-five percent state
    25  reimbursement exclusive of any federal funds  made  available  for  such

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10909-02-1
        A. 7332                             2

     1  purposes,  in accordance with the directives of the department of family
     2  assistance and subject to the approval of the director  of  the  budget.
     3  Provided  however,  for  requirements  prescribed in subdivision nine of
     4  section four hundred twenty-one of this chapter, such expenditures shall
     5  be  subject  to  one  hundred percent state reimbursement, provided that
     6  local social services districts continue to  maintain  current  expendi-
     7  tures related to child protective services at a level equal to or great-
     8  er than expenditures for such activities during the fiscal year prior to
     9  the effective date of a chapter of the laws of two thousand twenty which
    10  amended this paragraph.
    11    § 3. Section 421 of the social services law is amended by adding a new
    12  subdivision 9 to read as follows:
    13    9.  promulgate  regulations in consultation with local social services
    14  districts, relating to caseload standards for child protective  services
    15  workers. Such standards shall include, but not be limited to:  (a) limi-
    16  tations  on  the number of investigations which can be assigned to child
    17  protective services workers, provided however, to  the  extent  possible
    18  and  within  amounts  appropriated  therefore,  no more than two initial
    19  investigations per week may be assigned per full time  equivalent  child
    20  protective  services  worker; and (b) guidance as it relates to how such
    21  investigations are assigned, taking into consideration the child protec-
    22  tive services worker current caseload, as well as the complexity of  the
    23  particular investigation, if known. Nothing in this subdivision shall be
    24  construed  to prohibit the office from prescribing local social services
    25  districts from establishing caseload standards that are less  than  what
    26  is required in this subdivision.
    27    §  4.  Paragraph  (c)  of  subdivision  1 of section 423 of the social
    28  services law, as amended by chapter 83 of the laws of 1995,  is  amended
    29  to read as follows:
    30    (c)  The  child  protective  service shall have a sufficient staff, in
    31  accordance with the provisions  of  subdivision  nine  of  section  four
    32  hundred  twenty-one  of  this  title,  of  sufficient  qualifications to
    33  fulfill the purposes of this title and be organized in such a way as  to
    34  maximize  the continuity of responsibility, care and service of individ-
    35  ual workers toward individual children and families. A  social  services
    36  district  shall have flexibility in assigning staff to the child protec-
    37  tive service provided that each staff assigned to such service  has  the
    38  staff  qualifications  and  has  received  the  training required by the
    39  department regulations promulgated pursuant  to  subdivisions  four  and
    40  five of section four hundred twenty-one of this title.
    41    §  5.  Section  426  of the social services law, as amended by section
    42  11-a of part D of chapter 501 of the laws of 2012, is amended to read as
    43  follows:
    44    § 426. Annual reports. The commissioner shall prepare for inclusion in
    45  the annual report required by subdivision (d) of  section  seventeen  of
    46  this  chapter to be filed with the governor and the legislature prior to
    47  December fifteenth of each year, a report on the operations of the state
    48  central register of child abuse and maltreatment and the  various  local
    49  child  protective  services. The report shall include a full statistical
    50  analysis of the reports made to the central  register  together  with  a
    51  report  on  the  implementation  of this title, his or her evaluation of
    52  services offered under this chapter and his or her  recommendations  for
    53  additional  legislation  to  fulfill  the  purposes  of this title. Such
    54  report shall indicate the number of child abuse and maltreatment reports
    55  and cases received by the statewide central register of child abuse  and
    56  maltreatment  by each district in the preceding year, the number of such
        A. 7332                             3

     1  cases determined to have been indicated and the  number  of  such  cases
     2  determined  to  be unfounded by each district in the preceding year, the
     3  number of such cases which have not been indicated or  unfounded  within
     4  the  time  period  required by subdivision seven of section four hundred
     5  twenty-four of this [article] title by each district  in  the  preceding
     6  year [and]. Such report shall also include a monthly accounting by local
     7  social  services  districts,  of  the  total  number of child protective
     8  services workers [assigned to  the  child  protective  service  in  each
     9  district in] with an indication of how many hold a supervisory position,
    10  as  well  as  the  average  number  of active cases per child protective
    11  services worker, with an indication of how  many  were  in  the  initial
    12  investigation  stage  at  the time the information was collected for the
    13  preceding year. Such report  shall  include,  among  other  information,
    14  available  demographic  information and available information concerning
    15  the racial and ethnic characteristics of the family members and  persons
    16  served  by  the  differential  response program pursuant to section four
    17  hundred twenty-seven-a of [the social services law] this title, as  well
    18  as  available  information  concerning  the racial and ethnic character-
    19  istics of the family members and persons serviced under the  traditional
    20  child  protective  services  program,  in  each  local  social  services
    21  district in the state.
    22    § 6. This act shall take effect immediately; provided however sections
    23  one, two, three and four of this act shall  take  effect  on  the  seven
    24  hundred  thirtieth  day  after  it  shall  have  become a law; provided,
    25  further, however that the amendments to  section  153-k  of  the  social
    26  services law made by section two of this act shall not affect the repeal
    27  of such section and shall be deemed repealed therewith.