NY Soc Serv L § 34-A (2021)
2021 New York Laws SOS - Social Services Article 2 - Department and State Board of Social Welfare 34-A - Services Planning Requirements.

§  34-a.  Services  planning requirements. 1. (a) Each social services district  shall  prepare  a  multi-year   consolidated   services   plan encompassing  adult  services  and family and children's services, which shall include diversion services  provided  pursuant  to  section  seven hundred thirty-five of the family court act.  (b)  Commencing with the years following preparation of the multi-year consolidated services plan, each local district shall also  be  required to prepare an annual implementation report.   2. (a) The commissioner shall have authority to promulgate regulations specifying  the  contents  of  both the multi-year services plan and the annual implementation reports, provided however  that  such  regulations shall   not  be  inconsistent  with  the  standards  of  review  by  the commissioner of such plan and reports specified in subdivision  four  of this section.  (b)  The  regulations  promulgated  pursuant  to paragraph (a) of this subdivision  shall  require  the  multi-year  services  plan  and  where appropriate  the  annual implementation reports, to include a summary of the understanding between the local social  services  district  and  the district attorney's office, which outlines the cooperative procedures to be  followed  by  both parties in investigating incidents of child abuse and maltreatment, consistent with their respective obligations  for  the investigation or prosecution of such incidents, as otherwise required by law.   3. (a) There shall be a public hearing on the multi-year services plan or  each  annual  implementation  report. Commencing in nineteen hundred eighty-two, such public hearing shall be held only  after  fifteen  days notice  is  provided  in  a  newspaper of general circulation within the county. Such notice shall specifically identify the times of the  public hearing  in  which  the  child  protective  services  and other services components of the multi-year  services  plan  or  annual  implementation reports are to be considered.  (b) Commencing in nineteen hundred eighty-two, after such hearing, the multi-year  services  plan or the annual implementation reports shall be submitted for approval to the chief executive officer of the  county  or to  the  legislative  body  in  those counties without a chief executive officer. Full approval of the multi-year services plan or of the  annual implementation report by the chief executive officer or legislative body shall  be  required  before  submission  of  such  plan or report to the commissioner.  (c) Commencing in nineteen hundred eighty-two, the multi-year services plan or the annual implementation reports shall not be forwarded to  the commissioner  until  at  least fifteen days have passed from the date of the public hearing thereon.   4. (a) Except as provided in paragraph (b) of  this  subdivision,  the commissioner  shall  review  both  the  multi-year services plan and the annual implementation reports submitted by the social services district, using standards consistent with the provisions of sections  one  hundred thirty-one-1,  four hundred nine-d and four hundred twenty-three of this chapter, and shall notify such district, in writing, of approval of such plan or reports in whole or in part; provided,  however,  that  for  any portions not approved, the commissioner shall in writing to the district specify  the  portions not approved, the reasons for such determination, the actions required for resubmittal of  such  portions,  and  the  time period  of  resubmittal;  and  provided  further,  that disapproval of a portion of such plan or report shall  not  render  the  entire  plan  or report  invalid.  No  portion  of the multi-year services plan or of the annual implementation reports shall be  finally  disapproved  until  the district  has  had  at  least  one  opportunity  for  resubmittal.  Upon  resubmittal, or if no resubmittal is made within the time specified, the commissioner may grant further extensions to the district to allow it to resubmit  any  unapproved  portions,  or  may  finally  disapprove  such portions.  Any social services district aggrieved by a final disapproval of the commissioner under this section shall have the right  to  a  fair hearing  in  accordance with the appropriate provisions of this chapter. An adverse fair hearing decision shall be reviewable pursuant to article seventy-eight of the civil practice law and rules.  State  reimbursement may  be  withheld for all or a portion of a local district's activities, if the  multi-year  services  plan,  annual  implementation  report,  or portions of either are disapproved.  (b)  The  commissioner  of  the office of children and family services shall review and approve or disapprove the diversion services portion of the plan jointly with the  director  of  the  office  of  probation  and correctional  alternatives  or any other successor agency or entity. The requirements for the portion  of  the  plan  and  report  regarding  the provision  of  diversion  services  shall  be jointly established by the commissioner of the office of  children  and  family  services  and  the director of the office of probation and correctional alternatives or any other successor agency or entity. The multi-year services plan and where appropriate  the  annual  implementation  reports  shall be based upon a written understanding between the local social services district and the probation department which outlines the  cooperative  procedures  to  be followed  by  both  parties  regarding  diversion  services  pursuant to section seven hundred thirty-five of the family  court  act,  consistent with their respective obligations as otherwise required by law.   5.  The  commissioner shall promulgate regulations concerning the time by which:  (a) each local social services district shall  submit  its  multi-year services plan and annual implementation report;  (b)  the  commissioner  shall,  in writing, notify a local district of approval or disapproval of all or parts of  such  district's  multi-year services plan or annual implementation reports; and  (c) each local social services district shall submit a revised version of  its  multi-year  services  plan  or annual implementation report, or parts thereof.   6. (a) Notwithstanding any other  provision  of  law,  the  office  of children   and   family   services   shall   plan   for   the  statewide implementation, by the thirty-first day of December, two thousand eight, of the use by counties of a child and family services plan that combines the multi-year consolidated services plan required by this  section  and the  comprehensive  plan  required by section four hundred twenty of the executive law into a single plan.  (b) All counties shall implement a county child  and  family  services plan  prior to or by the two thousand eight plan year in accordance with a schedule developed by the office of children and family  services  and shall continue to implement such a plan thereafter. With the approval of such office, a county may implement such a plan before the date required by such schedule.  (c)  The  office  of  children  and  family  services  may  waive  any regulatory requirements relating to the content and timing of multi-year consolidated services plans and annual implementation reports  that  may impede  the  ability  of a county to implement a county child and family services plan.  (d) Nothing in this subdivision  shall  be  deemed  to  affect  county planning requirements under the mental hygiene law.   7.  (a)  From monies appropriated to the office of children and family services for the family and children's services foster care and adoption  program, the office shall  give  assistance  to  local  social  services districts to enable them to collect statistics and to describe the steps being  taken  regarding:  the  number  of  families  needing  preventive services  as  provided  for in title four of article six of this chapter for  which  services  are  provided;  the  effectiveness   of   specific preventive services in preventing unnecessary foster care placements and reducing  the length of stay in foster care; the efforts made to prevent unnecessary placements; the use of the least  restrictive  settings  and the  proximity of foster care placements to the child's home; the use of kinship placements; the  placement  of  siblings  with  one  another  at initial  placement  or  as  soon  thereafter  as possible; the number of transfers of children in foster care  placements  and  the  reasons  for those  transfers;  the number of families reunited in fulfillment of the child's  service  goal  plan  and  the  length  of  placement  prior  to reunification;  the  number of children prepared for independent living; the number of children with adoption as a service plan goal; the  number of  children  freed  for adoption and the length of time taken to secure terminations of parental  rights;  the  number  of  children  placed  in pre-adoptive  homes and the number of adoptions completed and the length of time taken to complete them.  (b) Such data submitted to the office of children and family  services shall  be  aggregated  and  submitted  with  a narrative report on these children's services, to the governor and  the  majority  leader  of  the senate  and  the  speaker  of  the assembly on or before July first, two thousand five and semiannually thereafter.   8. The commissioner of the office  of  children  and  family  services shall,  in conjunction with the commissioner of education, develop model practices and procedures for local social services districts and  school districts  regarding  the  reporting  and  investigation  of educational neglect. Such model practices  and  procedures  shall  be  available  to social  services  districts  and school districts and shall be posted on the office of  children  and  family  services  website  and  the  state department  of education website by September first, two thousand seven. Each social services district shall, in conjunction  with  local  school districts  within  its  district, submit written policies and procedures regarding the reporting of educational neglect by each  school  district within   such   social   services  district  and  the  investigation  of educational neglect  allegations  by  child  protective  services.  Such policies and procedures shall be submitted to the office of children and family  services for review by January first, two thousand eight and the office shall approve or disapprove such local policies  and  procedures, based upon the model practices and procedures established in conjunction with the state department of education, within sixty days of submission.   9.  (a)  If  a  social  services district proposes an amendment to the child care portion of its child and family services  plan  that  reduces eligibility  or  increases  the  family  share percentage for child care services such district must: (i) no later than the first day the  public notice  appears  in  a  newspaper  pursuant to subdivision three of this section or  the  regulations  of  the  office  of  children  and  family services,  as  applicable,  prominently post on the district's website a notice of the proposed amendment describing the categories  of  families whose  cases will be impacted; and (ii) at the time the public notice is submitted  to  the  newspaper  for  publication   in   accordance   with subdivision  three  of  this section or the regulations of the office of children and family services, as applicable,  provide  a  copy  of  such notice to the office of children and family services.  (b)  If  a social services district implements its process for closing child care cases, as set forth in its approved child and family services  plan, due to the  district  determining  that  it  cannot  maintain  its current  caseload because all of the available funds are projected to be needed for open cases, the district must: (i) no later than the day  the social  services  district begins to send individual notices to impacted families in accordance with subdivision eight of  section  four  hundred ten-w  of  this chapter, prominently post a notice on their website that states that such district is implementing the child  care  case  closing process  set  forth  in  its approved child and family services plan and that describes the categories of families whose cases  will  be  closed; and  (ii)  immediately  provide  a  copy of such notice to the office of children and family services.  (c) The office of children and family services shall prominently  post notices  received  pursuant to paragraphs (a) or (b) of this subdivision on its website.