NY Soc Serv L § 409-A (2021)
2021 New York Laws SOS - Social Services Article 6 - Children Title 4 - Preventive Services for Children and Their Families 409-A - Preventive Services; Provision by Social Services Officials.

§  409-a. Preventive services; provision by social services officials. 1.  (a) A social services official shall provide preventive services  to a  child  and his or her family, in accordance with the family's service plan as required by section four hundred nine-e of this chapter and  the social  services  district's  child  welfare services plan submitted and approved pursuant to section four hundred nine-d of this chapter, upon a finding by such official that (i) the child will be placed, returned  to or  continued  in foster care unless such services are provided and that it is reasonable to believe that by providing such  services  the  child will be able to remain with or be returned to his or her family, and for a  former  foster  care  youth  under  the  age  of  twenty-one  who was previously placed in the care and custody or custody and guardianship of the local commissioner of social services or  other  officer,  board  or department  authorized to receive children as public charges where it is reasonable to believe that by providing such services the former  foster care youth will avoid a return to foster care or * (ii) the child is the subject  of  a  petition under article seven of the family court act, or has been determined by the assessment service  established  pursuant  to section  two  hundred  forty-three-a  of  the  executive  law, or by the probation service where no such assessment service has been  designated, to  be  at  risk of being the subject of such a petition, and the social services official determines that the child is at risk of placement into foster care. Such finding shall be entered in the child's  uniform  case record  established  and  maintained  pursuant  to  section four hundred nine-f of this chapter. The commissioner shall promulgate regulations to assist social services officials in making determinations of eligibility for mandated preventive services pursuant to this subparagraph.   * NB Effective until June 30, 2022 * (ii) the child is the subject of a petition under article seven of the family court act, or has  been  determined  by  the  assessment  service established  pursuant  to  section  two  hundred  forty-three-a  of  the executive law, or by the probation  service  where  no  such  assessment service  has been designated, to be at risk of being the subject of such a petition, and the social services  official  determines  according  to standards  promulgated  pursuant to section three hundred ninety-eight-b of this chapter that the child is at risk of placement into foster care. Such finding shall  be  entered  in  the  child's  uniform  case  record established  and  maintained  pursuant to section four hundred nine-f of this chapter. The commissioner shall promulgate  regulations  to  assist social  services  officials  in making determinations of eligibility for mandated preventive services pursuant to clause (ii) of this paragraph.   * NB Effective June 30, 2022  (b) When a child and his family have received preventive services  for a period of six months pursuant to this subdivision, the social services official  shall continue to provide such services only upon making a new finding that the child will be placed or continued in foster care unless such services are provided and that it is reasonable to believe that  by providing  such  services,  the  child will be able to remain with or be returned to his family. Such new finding shall be entered in the child's uniform case record established and maintained pursuant to section  four hundred nine-f of this chapter.   2.  A  social  services  official  is authorized to provide preventive services to a child and his family to accomplish the purposes set  forth in section four hundred nine of this chapter, when such services are not required to be provided pursuant to subdivision one of this section.   3. * (a) A social services official is authorized to provide community preventive  services to communities likely to benefit from such services to accomplish the purposes set forth in section  four  hundred  nine  of  this  chapter.  Social  services  officials  may  apply to the office of children  and  family   services   for   waiver   of   eligibility   and administrative  requirements  for  preventive  services  to  be provided pursuant  to  this  subdivision.  Such  application shall include a plan setting forth the services to be provided, the persons or community that will receive the services and the estimated cost of such services.  Upon approval  of  the  application  by  the  office  of  children and family services, eligibility requirements established in statute or  regulation may  be  waived for those persons and communities identified in the plan as recipients of the services set forth in the plan. Where services  are administered  pursuant  to a plan approved by the office of children and family services, the office of children and family  services  may  waive the  requirements  of  section  four  hundred  nine-f  or  four  hundred forty-two of this article.   * NB Effective until June 30, 2022   * (a) A social services official is authorized  to  provide  community preventive  services to communities likely to benefit from such services to accomplish the purposes set forth in section  four  hundred  nine  of this  chapter. Social services officials may apply to the department for waiver of eligibility and  administrative  requirements  for  preventive services  to  be provided pursuant to this subdivision. Such application shall include a plan setting forth the  services  to  be  provided,  the persons  or  community  that will receive the services and the estimated cost  of  such  services.  Upon  approval  of  the  application  by  the department,   eligibility   requirements   established   in  statute  or regulation may be waived for those persons and communities identified in the plan as recipients of the services set  forth  in  the  plan.  Where services are administered pursuant to a plan approved by the department, the  department  may  waive  the  requirements  of  sections one hundred fifty-three-d  and  three  hundred  ninety-eight-b   of   this   chapter pertaining  to denial or reimbursement. Where such a waiver is approved, the department approval must specify standards whereby services provided will  be  subject  to  denial  of  reimbursement.  Where  services   are administered  pursuant  to  a  plan  approved  by  the  department,  the department may waive the requirements of section four hundred nine-f  or four hundred forty-two of this article.   * NB Effective June 30, 2022  (b) The department must inform social services districts of procedures governing  application  for  waivers  of  eligibility and administrative requirements and approval of waivers of eligibility  and  administrative requirements.  Where such waivers are granted, the department shall have the authority to establish  alternative  standards  to  be  followed  by social  services  officials  who  are granted waivers by the department. Upon approval  of  an  application  for  such  waivers,  the  department approval  must specify the requirements being waived and any alternative standards established.  (c) Community preventive services may be  provided  pursuant  to  this subdivision  through demonstration projects to the extent the department makes funds available for such projects.  (d) The department shall develop an  evaluation  plan  no  later  than April  first,  nineteen  hundred  eighty-eight,  for  community  service demonstration projects and, subject to the approval of the  director  of the  budget,  may  use  up  to  five  percent  of  the  amount  annually appropriated for project grants to conduct such evaluation  which  shall include  but  need not be limited to: an assessment of the effectiveness of various service delivery models in  creating  or  enhancing  linkages among  school, housing, health, and income support services available in the community; the  effectiveness  of  various  preventive  services  in  averting   family   disruption;  the  cost  effectiveness  of  providing community focused  preventive  services;  the  impact  of  this  service provision   on  requirements  for  more  intensive  mandated  preventive services;  and, the feasibility of replicating successful service models in other communities throughout the state.   4. Preventive services may be provided directly by the social services official or through purchase of service, in accordance with  regulations of the department.   5.  (a) Regulations of the department, promulgated pursuant to and not inconsistent  with  this  section,  shall  contain   program   standards including,   but  not  limited  to:  specification  of  services  to  be classified  as  preventive  services;  appropriate   circumstances   and conditions   for  the  provision  of  particular  services;  appropriate providers and recipients of such services; and time limits,  as  may  be appropriate,  for  the  provision of particular services. The department shall, subject to the approval of the director of the budget,  establish reimbursement or charge limitations for particular services or groups of services   to   be   provided.  The  department  shall  also  promulgate regulations to prevent  social  services  districts  from  overutilizing particular  forms  or  types  of  preventive  services  and to encourage districts to provide balanced preventive services programs based on  the identified needs of children and families residing in such districts.  (b)  The  program  standards  promulgated pursuant to this subdivision shall be developed with the participation of the child welfare standards advisory council established pursuant to section four hundred nine-h  of this  chapter  and  in consultation with public and voluntary authorized agencies, citizens' groups and concerned individuals and  organizations, including the state council on children and families.  (c)  Notwithstanding  any  other  provision  of  this section, where a social services official determines that a lack of adequate  housing  is the  primary factor preventing the discharge of a child or children from foster care including, but not limited to, children  with  the  goal  of discharge  to  independent living, preventive services shall include, in addition to any other payments  or  benefits  received  by  the  family, special  cash  grants  in  the  form  of  rent subsidies, including rent arrears, or any other assistance, sufficient to obtain adequate housing. Such rent subsidies or assistance shall not  exceed  the  sum  of  three hundred  dollars  per  month, shall not be provided for a period of more than three years, and shall be considered a special  grant.  Nothing  in this  paragraph  shall  be construed to limit the ability of those using such rent subsidy  to  live  with  roommates.  The  provisions  of  this paragraph  shall  not be construed to limit such official's authority to provide other preventive services.  (e) (i) A social services official  is  authorized  to  establish  and operate,  or contract for the establishment and operation of, intensive, homebased, family preservation programs.  (ii) Notwithstanding any other provision  of  law,  reimbursement  for intensive,  homebased  family  preservation services shall be limited to those programs that reduce or avoid the need for foster care of children who are in imminent danger of  placement.  Such  programs  shall  employ caseworkers trained in family preservation techniques and who provide at least  half  of  their  direct  services  in  the  client's residence or temporary home, work with no more than four families at any given  time, provide  direct  therapeutic services for up to thirty days which may be extended up to an additional thirty days per family  and  are  available twenty-four  hours  a  day.  No  program  described herein shall receive reimbursement unless such program agrees to collect and provide  to  the department  information  necessary  to evaluate and assess the degree to  which such program results in lower costs to the  state  and  to  social services districts than those of foster care placement. Such information shall  be compiled in a manner that permits comparisons between families served by such programs and those families who meet eligibility criteria but who were not able to be served within available resources.  (f)  Notwithstanding  any  other  provision  of  law,  where  a social services official authorizes the provision of respite  care,  such  care shall  mean  the  temporary  care  and supervision of a child to relieve parents or other persons legally responsible for the care of such  child where   immediate  relief  is  needed  to  maintain  or  restore  family functioning.   6. In accordance with regulations of the department, where the child's family is able to pay all or part of the cost of such services, payments of such fees as may be reasonable or other third party reimbursement  as may  be  available  in  the  light  of  such  ability shall be required. Expenditures subject to reimbursement pursuant to section  four  hundred nine-b of this title shall be reduced by the sum of all fees received or to be received pursuant to this subdivision.   * 7.  Notwithstanding any other provision of this section, if a social services official determines that a lack of adequate housing is a factor that may cause the entry of a child or children into foster care and the family has at least  one  service  need  other  than  lack  of  adequate housing,  preventive  services  may  include,  in  addition to any other payments or benefits received by the family, special cash grants in  the form of rent subsidies, including rent arrears, or any other assistance, sufficient to obtain adequate housing. Such rent subsidies or assistance shall  not  exceed the sum of three hundred dollars per month, shall not be provided for a  period  of  more  than  three  years,  and  shall  be considered  a  special  grant.  Nothing  in  this  subdivision  shall be construed to limit the ability of those using such rent subsidy to  live with  roommates. The provisions of this paragraph shall not be construed to limit such official's authority to provide other preventive services.   * NB There are two sub 7's   * 7. Notwithstanding any other provision of law,  preventive  services information  governed by this section may be released by the department, social services district or other provider of preventive services  to  a person,  agency  or  organization  for  purposes of a bona fide research project. Identifying information shall not be made  available,  however, unless  it  is  absolutely  essential  to  the  research purpose and the department gives prior approval. Information released pursuant  to  this subdivision  shall  not be re-disclosed except as otherwise permitted by law and upon the approval of the department.   * NB There are 2 sub 7's   8. In contracting for the provision  of  preventive  services,  social services districts shall, to the extent feasible, place such services in areas  with  a  high  rate  of  child  abuse and neglect and foster care placements. Social services districts shall,  to  the  extent  feasible, consider  as  a  priority community-based organizations with a record of providing quality services to children and families in such communities.   9. (a) Notwithstanding any provision of law to the  contrary,  records relating to children pursuant to this section shall be made available to officers  and  employees  of  the  state  comptroller,  or  of  the city comptroller of the city of New York, or of the county officer designated by law or charter to perform the auditing function  in  any  county  not wholly  contained  within  a  city,  for  purposes  of a duly authorized performance audit, provided, however that such  comptroller  or  officer shall  have  certified  to the keeper of such records that he or she has instituted procedures developed in consultation with the  department  to  limit  access  to  client-identifiable  information to persons requiring such information for purposes of the audit, that such persons shall  not use  such  information  in  any way except for purposes of the audit and that   appropriate   controls   and  prohibitions  are  imposed  on  the dissemination of client-identifiable information obtained in the conduct of the audit. Information pertaining to the substance or content of  any psychological,  psychiatric,  therapeutic,  clinical or medical reports, evaluations or like materials or information pertaining to such child or the child's family shall not be made  available  to  such  officers  and employees  unless disclosure of such information is absolutely essential to the specific audit activity and the department  gives  prior  written approval.  (b) Any failure to maintain the confidentiality of client-identifiable information  shall  subject such comptroller or officer to denial of any further access to records until  such  time  as  the  audit  agency  has reviewed  its procedures concerning controls and prohibitions imposed on the dissemination of such information and has taken all  reasonable  and appropriate    steps   to   eliminate   such   lapses   in   maintaining confidentiality to the satisfaction of the  department.  The  department shall  establish  the  grounds for denial of access to records contained under  this  section  and  shall  recommend  as  necessary  a  plan   of remediation  to  the  audit  agency, except as provided in this section, nothing in this subdivision shall be construed as limiting the powers of such comptroller or officer to records which he is otherwise  authorized to  audit  or  obtain  under  any other applicable provision of law, any person given access to information  pursuant  to  this  subdivision  who released  data  or  information to persons or agencies not authorized to receive such information shall be guilty of a class A misdemeanor.   10. All sums received by the state under section 201 of Federal Public Law 105-89 shall be paid to the districts in proportion  to  the  amount earned by the district for federal adoption incentives and shall only be used  to provide preventive services to a child and his or her family as defined in paragraph  (a)  of  subdivision  five  of  this  section,  in addition  to  those  required  by  the maintenance of effort requirement contained in subdivision six of section  one  hundred  fifty-three-i  of this  chapter, except that up to thirty percent of such sums may be used to provide post-adoption services to children  or  families.  Preventive services  shall  include  substance abuse treatment services provided to pregnant women or a caretaker person in an  outpatient,  residential  or in-patient  setting.  Amounts  expended  by the state in accordance with this  section  shall  be  disregarded   in   determining   the   state's expenditures  for  purposes  of federal matching payments under sections four hundred twenty-three, four hundred  thirty-four  and  four  hundred seventy-four of this chapter.   * 11. (a) The office of children and family services shall collect the following data regarding preventive services, as defined in section four hundred nine of this title, and compile an annual report on such data by local social services district:  (i) the total number of children and families admitted to or receiving a new service authorization for preventive services during the preceding calendar year;  (ii)  the  total  annual  number of unduplicated children and families receiving one or more days of preventive services including how many new preventive cases were opened during the preceding calendar year  and  to the  extent  such  information  is  known and available after making all diligent efforts, the referral source for each new case;  (iii) the total number  of  children  and  families  whose  preventive services authorization was closed during the preceding calendar year;  (iv) a descriptive list of the services and their utilization rate, if practicable,  in  each  local  social  services  district  which utilize preventive service  funding  as  allowable  under  section  one  hundred fifty-three-k of this chapter;  (v)  a descriptive list and their utilization rate, if practicable, of other preventive services provided by a local social  services  district that does not utilize preventive service funding pursuant to section one hundred  fifty-three-k  of this chapter. For purposes of this paragraph, other preventive services shall include but not be  limited  to  primary preventive  services  which  may  be  funded  through community optional preventive services funding or home visiting funds;  (vi) the total number of children who entered foster care  during  the preceding  calendar  year  who  had  received preventive services at any point during the twelve-months prior to their entry  into  foster  care; and  (vii)  any  other  information  the commissioner may deem necessary to include in said report.  (b) The office of children  and  family  services  shall  submit  such report  to  the  governor,  the  speaker  of the assembly, the temporary president of the senate, the chairpersons of  the  assembly  and  senate children  and  families committees, the chairperson of the assembly ways and means committee and the chairperson of the senate finance  committee starting  no  later  than September first, two thousand twenty-one. Such report shall include data and information required by paragraph  (a)  of this  subdivision  for  the  preceding calendar year, to the extent such information is available. When practicable, such  information  shall  be disaggregated by age, sex, race and ethnicity.  (c)  The initial report shall include the aforementioned data from the preceding two calendar years.   * NB Repealed September 1, 2024