NY Soc Serv L § 427-A (2021)
2021 New York Laws SOS - Social Services Article 6 - Children Title 6 - Child Protective Services 427-A - Differential Response Programs for Child Protection Assessments or Investigations.

§   427-a.   Differential   response  programs  for  child  protection assessments or investigations.   1. Any social  services  district  may, upon  the  authorization  of the office of children and family services, establish a program that implements 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 differential response  program.  Such  cases  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, except as set forth in this section.   2.   Any   social  services  district  interested  in  implementing  a differential response program shall apply to the office of children  and family services for permission to participate. 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 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 subdivision, 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;  (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 monitoring  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 workloads 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 reports including any of the following allegations  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;  (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.   4.  The  following procedures shall be followed for all cases included in the family assessment and services track:  (a) Reports taken at the statewide central register of child abuse and maltreatment  shall  be  transmitted  to  the  appropriate  local  child protective service.  (b) A social services district permitted by the office of children and family  services  to participate in the implementation of a differential response program shall, consistent with the criteria developed  pursuant to  subdivision  three of this section, identify those reports which are initially eligible to be included in the family assessment and  services track.  (c)  For those reports which are included in the family assessment and services track, the social services district shall not be subject to the requirements of this title concerning initial investigation  of  reports of  suspected abuse and maltreatment of children, including notification requirements. For reports assigned to the family assessment and services track, the social services district shall be  responsible  for  ensuring that  the children are safe in their homes. Such safety assessment shall be commenced within twenty-four hours  of  receipt  of  the  report  and completed within seven days. Based on the initial safety assessment, the district  shall  determine if the report shall continue under the family assessment and services track. This safety assessment must be documented in the manner specified by the office of children and  family  services.  Should the children be found to be safe in the home, the social services district  shall  then  identify service needs and family issues, if any, that should be addressed.  (i)  Where  the  social  services  district  determines,  based on the initial safety assessment, that the report is appropriate to be included in the  family  assessment  and  services  track,  the  social  services district shall document the reason for that determination in the initial safety  assessment  and  inform  the statewide central register of child abuse and maltreatment that the report is part of the family  assessment and services track and request that the records of the statewide central register of child abuse and maltreatment of such report be classified as an  assessment  track  case  and  be legally sealed. Such sealed reports shall be maintained at the statewide central register of child abuse and maltreatment for ten years after the report was made. Access to  reports assigned  to,  and  records  created  under  the  family  assessment and services track and information concerning such reports  and  records  is governed by paragraph (d) of subdivision five of this section.  (ii)  Where  the  social  services  district  determines, based on the initial safety assessment, to investigate the  report  as  a  report  of suspected  child  abuse  or  maltreatment,  the social services district shall document the reason  for  that  decision  in  the  initial  safety assessment.  Where  the social services district makes the determination to investigate the  report,  all  of  the  requirements  of  this  title concerning  investigations  of  reports  of  suspected  child  abuse and maltreatment shall apply, including the notification  requirements.  The report  shall  no  longer  be  eligible  to  be  included  in the family assessment and services track.  (d) Where the social services district has determined that a  case  is appropriate  to be included in the family assessment and services track, the district's activities shall include, at a minimum, the following:  (i) the provision of written notice to each parent, guardian or  other person  legally  responsible  for the child or children participating in the family assessment and services  track  explaining  that  it  is  the intent  of  the social services district to meet the needs of the family without  engaging   in   a   traditional   child   protective   services investigation.  The notice shall also explain that the workers assisting the family in the family assessment  and  services  track  are  mandated reporters   who   are  required  to  report  suspected  child  abuse  or maltreatment  and  that  those  workers  are  required  to  report   new information  that  they  receive  in  their work with the family if that information gives them reasonable cause to suspect that a child  in  the family is an abused or maltreated child;  (ii)  an  examination,  with  the  family,  of the family's strengths, concerns and needs;  (iii) where appropriate, an offer of assistance  which  shall  include case management that is supportive of family stabilization;  (iv)  the planning and provision of services responsive to the service needs of the family; and  (v) an on-going  joint  evaluation  and  assessment  of  the  family's progress including ongoing, periodic assessments of risk to the child.  (e)  After  the  social  services  district  has  received a report of suspected maltreatment and  determined  that  the  report  is  initially eligible  to  be  included  in the family assessment and services track, pursuant to paragraph (b) of this subdivision, the activities  described in  paragraphs  (c)  and (d) of this subdivision may be performed by the social services district directly or through any other method  currently utilized  by social services districts to obtain preventive services for children and families. If a community-based agency determines,  pursuant  to subparagraph (ii) of paragraph (c) of this subdivision, that a report must be investigated as a case of suspected child abuse or maltreatment, the community-based agency shall so inform the social services district, which  shall then become responsible for conducting the child protective services investigation in  accordance  with  the  requirements  of  this title.  (f) A report selected for inclusion in the demonstration project shall cease  to  be  eligible for inclusion in the demonstration project if at any  time  in  the  course  of  providing  services  the   district   or community-based agency finds that:  (i) there is evidence of child abuse, including sexual abuse; or  (ii)  the  parent  or parents refuse to cooperate with the district or community-based agency in developing or implementing a plan  to  address the family problems or issues and there is evidence of maltreatment of a child.  (g)  Where  the  district  finds  or  is  advised by a community-based agency, subsequent to the completion of the  initial  safety  assessment and  after  the  report  is legally sealed, that the report is no longer eligible  for  inclusion  in  the  demonstration  project  pursuant   to paragraph  (f)  of  this  subdivision,  the  district  shall contact the statewide central register of child abuse and maltreatment  and  make  a new  report of suspected child abuse or maltreatment pursuant to section four hundred thirteen of this title.  (h) Where a report has been included  in  the  family  assessment  and services  track  and a subsequent report involving the family is made to the statewide central register of child abuse and maltreatment, and such subsequent report is not eligible for inclusion in the family assessment and services track, the local child protective services,  in  conducting its  investigation,  shall  work  cooperatively  with  any  district  or community-based agency staff that are already working with the family to minimize to the extent practicable the  chance  that  existing  services being  provided  to  the family will be disrupted and to maximize to the extent practicable the  coordination  of  the  existing  services  being provided  to  the  family  with  any  new services to be provided to the family.   5. (a) Cases included in the  family  assessment  and  services  track shall  not be subject to the requirements of section four hundred nine-e or four hundred nine-f of this article.  (b) All records created as part of the family assessment and  services track shall include, but not be limited to, documentation of the initial safety  assessment,  the examination of the family's strengths, concerns and needs, all services offered and accepted by the family, the plan for supportive services for the family, all evaluations and  assessments  of the family's progress, and all periodic risk assessments.  (c)  Records  created  under  the family assessment and services track shall be maintained for ten years after the report initiating  the  case at the statewide central register was made.  (d)  All  reports  assigned  to, and records created under, the family assessment and services track, including but not limited to reports made or written as well as any  other  information  obtained  or  photographs taken concerning such reports or records shall be confidential and shall be made available only to:  (i)  staff  of  the office of children and family services and persons designated by the office of children and family services;  (ii)  the  social  services  district  responsible  for   the   family assessment and services track case;  (iii)  community-based  agencies  that  have contracts with the social services district to carry out activities for  the  district  under  the family assessment and services track;  (iv)  providers  of  services under the family assessment and services track;  (v) any social services district investigating a subsequent report  of abuse  or  maltreatment  involving the same subject or the same child or children named in the report;  (vi) a court, but only while the family is receiving services provided under the family assessment and services track and only  pursuant  to  a court order or judicial subpoena, issued after notice and an opportunity for  the subject of the report and all parties to the present proceeding to be heard, based on a judicial finding that such reports, records, and any information concerning such reports and records, are  necessary  for the  determination  of  an issue before the court. Such reports, records and information to be disclosed pursuant to a judicial subpoena shall be submitted to the court for inspection and for such directions as may  be necessary  to  protect  confidentiality,  including  but  not limited to redaction of portions of the reports, records, and  information  and  to determine  any  further  limits  on  redisclosure  in  addition  to  the limitations provided for in this title. A court shall not have access to the sealed family assessment and  services  reports,  records,  and  any information concerning such reports and records, after the conclusion of services provided under the family assessment and services track; and  (vii)  the subject of the report included in the records of the family assessment and services track.  (e)  Persons  given  access  to  sealed  reports,  records,  and   any information  concerning  such reports and records, pursuant to paragraph (d) of this subdivision shall not redisclose such reports,  records  and information except as follows:  (i)  the  office  of  children and family services and social services districts may disclose aggregate, non-client identifiable information;  (ii) social services districts,  community-based  agencies  that  have contracts  with  a  social services district to carry out activities for the district  under  the  family  assessment  and  services  track,  and providers  of  services  under the family assessment and services track, may exchange such  reports,  records  and  information  concerning  such reports  and  records  as necessary to carry out activities and services related to the same person or persons addressed  in  the  records  of  a family assessment and services track case;  (iii)  the  child protective service of a social services district may unseal a report, record  and  information  concerning  such  report  and record  of  a case under the family assessment and services track in the event such report, record or information is  relevant  to  a  subsequent report  of  suspected child abuse or maltreatment. Information from such an unsealed report or record that is relevant to the  subsequent  report of  suspected  child  abuse  and  maltreatment  may be used by the child protective service for purposes of investigation and family court action concerning the subsequent report and may be included in  the  record  of the  investigation  of  the  subsequent  report.  If the social services district initiates a proceeding under article ten of  the  family  court act in connection with such a subsequent report of suspected child abuse and  maltreatment  and there is information in the report or record of a previous case under the family assessment and  services  track  that  is relevant  to  the proceeding, the social services district shall include such information in the record of the investigation  of  the  subsequent report  of  suspected  child  abuse  or maltreatment and shall make that information available to the family court and the other parties for  use  in such proceeding provided, however, that the information included from the  previous  case under the family assessment and services track shall then be subject to all laws and  regulations  regarding  confidentiality that  apply to the record of the investigation of such subsequent report of suspected child abuse or maltreatment. The family court may  consider the  information  from the previous case under the family assessment and services track that  is  relevant  to  such  proceeding  in  making  any determinations in the proceeding; and  (iv)  a subject of the report may, at his or her discretion, present a report, records and information concerning such report and records  from the  family  assessment and services track case, in whole or in part, in any proceeding under article ten of the family court act  in  which  the subject is a respondent. A subject of the report also may, at his or her discretion,  present  a  report, records and information concerning such report and records from the family assessment  and  services  track,  in whole  or  in  part,  in  any  proceeding  involving  the custody of, or visitation with  the  subject's  children,  or  in  any  other  relevant proceeding.  In making any determination in such a proceeding, the court may consider any portion of the  family  assessment  and  service  track report,  records  and any information concerning such report and records presented by  the  subject  of  the  report  that  is  relevant  to  the proceeding.  Nothing in this subparagraph, however, shall be interpreted to authorize a court to  order  the  subject  to  produce  such  report, records  or  information concerning such report and records, in whole or in part.   6. Expenditures by a social services district pursuant to this section shall be reimbursable  from  the  annual  appropriations  available  for social  services  district expenditures for child welfare services which shall include, but not  be  limited  to,  preventive  services  provided pursuant   to  section  four  hundred  nine-a  of  this  article,  child protective  services,  independent  living  services   and   any   other appropriation  made  specifically to support these differential response programs. Nothing shall preclude a social services district from seeking private funds for support of their differential response programs.   7. The office of children and family  services  shall  post  the  plan contained   in   any   application  approved  for  implementation  of  a differential response program on  the  office  of  children  and  family services website within sixty days of such approval.   8.  The  office  of  children  and family services shall report on the differential response programs established pursuant to this  section  as part  of  the  annual  report  required pursuant to section four hundred twenty-six of this title.