2012 New York Consolidated Laws
SOS - Social Services
Article 2 - (5 - 40) 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 county 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.