2012 New York Consolidated Laws
SOS - Social Services
Article 6 - CHILDREN
Title 6 - (411 - 428) 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.