§ 409-A — Preventive services; provision by social services officials

§ 409-a. Preventive services; provision by social services officials.\n1. (a) A social services official shall provide preventive services to\na child and his or her family, in accordance with the family's service\nplan as required by section four hundred nine-e of this chapter and the\nsocial services district's child welfare services plan submitted and\napproved pursuant to section four hundred nine-d of this chapter, upon a\nfinding by such official that (i) the child will be placed, returned to\nor continued in foster care unless such services are provided and that\nit is reasonable to believe that by providing such services the child\nwill be able to remain with or be returned to his or her family, and for\na former foster care youth under the age of twenty-one who was\npreviously placed in the care and custody or custody and guardianship of\nthe local commissioner of social services or other officer, board or\ndepartment authorized to receive children as public charges where it is\nreasonable to believe that by providing such services the former foster\ncare youth will avoid a return to foster care or * (ii) the child is the\nsubject of a petition under article seven of the family court act or by\nthe probation service, to be at risk of being the subject of such a\npetition, and the social services official determines that the child is\nat risk of placement into foster care or\n * NB Effective until June 30, 2027\n* (ii) the child is the subject of a petition under article seven of the\nfamily court act, or has been determined by the assessment service\nestablished pursuant to section two hundred forty-three-a of the\nexecutive law, or by the probation service where no such assessment\nservice has been designated, to be at risk of being the subject of such\na petition, and the social services official determines according to\nstandards promulgated pursuant to section three hundred ninety-eight-b\nof this chapter that the child is at risk of placement into foster care.\nSuch finding shall be entered in the child's uniform case record\nestablished and maintained pursuant to section four hundred nine-f of\nthis chapter. The commissioner shall promulgate regulations to assist\nsocial services officials in making determinations of eligibility for\nmandated preventive services pursuant to clause (ii) of this paragraph.\n * NB Effective June 30, 2027\n(iii) the child is under the age of twelve, the child does not fall\nunder the definition of a juvenile delinquent pursuant to subparagraph\n(iii) of paragraph (a) of subdivision one of section 301.2 of the family\ncourt act and but for their age, their behavior would bring them within\nthe jurisdiction of the family court pursuant to article three of the\nfamily court act, and the social services official determines that the\nchild is at risk of placement into foster care. Such finding shall be\nentered in the child's uniform case record established and maintained\npursuant to section four hundred nine-f of this article. The\ncommissioner shall promulgate regulations to assist social services\nofficials in making determinations of eligibility for mandated\npreventive services pursuant to this subparagraph.\n (b) When a child and his family have received preventive services for\na period of six months pursuant to this subdivision, the social services\nofficial shall continue to provide such services only upon making a new\nfinding that the child will be placed or continued in foster care unless\nsuch services are provided and that it is reasonable to believe that by\nproviding such services, the child will be able to remain with or be\nreturned to his family. Such new finding shall be entered in the child's\nuniform case record established and maintained pursuant to section four\nhundred nine-f of this chapter.\n 2. A social services official is authorized to provide preventive\nservices to a child and his family to accomplish the purposes set forth\nin section four hundred nine of this chapter, when such services are not\nrequired to be provided pursuant to subdivision one of this section.\n 3. * (a) A social services official is authorized to provide community\npreventive services to communities likely to benefit from such services\nto accomplish the purposes set forth in section four hundred nine of\nthis chapter. Social services officials may apply to the office of\nchildren and family services for waiver of eligibility and\nadministrative requirements for preventive services to be provided\npursuant to this subdivision. Such application shall include a plan\nsetting forth the services to be provided, the persons or community that\nwill receive the services and the estimated cost of such services. Upon\napproval of the application by the office of children and family\nservices, eligibility requirements established in statute or regulation\nmay be waived for those persons and communities identified in the plan\nas recipients of the services set forth in the plan. Where services are\nadministered pursuant to a plan approved by the office of children and\nfamily services, the office of children and family services may waive\nthe requirements of section four hundred nine-f or four hundred\nforty-two of this article.\n * NB Effective until June 30, 2027\n * (a) A social services official is authorized to provide community\npreventive services to communities likely to benefit from such services\nto accomplish the purposes set forth in section four hundred nine of\nthis chapter. Social services officials may apply to the department for\nwaiver of eligibility and administrative requirements for preventive\nservices to be provided pursuant to this subdivision. Such application\nshall include a plan setting forth the services to be provided, the\npersons or community that will receive the services and the estimated\ncost of such services. Upon approval of the application by the\ndepartment, eligibility requirements established in statute or\nregulation may be waived for those persons and communities identified in\nthe plan as recipients of the services set forth in the plan. Where\nservices are administered pursuant to a plan approved by the department,\nthe department may waive the requirements of sections one hundred\nfifty-three-d and three hundred ninety-eight-b of this chapter\npertaining to denial or reimbursement. Where such a waiver is approved,\nthe department approval must specify standards whereby services provided\nwill be subject to denial of reimbursement. Where services are\nadministered pursuant to a plan approved by the department, the\ndepartment may waive the requirements of section four hundred nine-f or\nfour hundred forty-two of this article.\n * NB Effective June 30, 2027\n (b) The department must inform social services districts of procedures\ngoverning application for waivers of eligibility and administrative\nrequirements and approval of waivers of eligibility and administrative\nrequirements. Where such waivers are granted, the department shall have\nthe authority to establish alternative standards to be followed by\nsocial services officials who are granted waivers by the department.\nUpon approval of an application for such waivers, the department\napproval must specify the requirements being waived and any alternative\nstandards established.\n (c) Community preventive services may be provided pursuant to this\nsubdivision through demonstration projects to the extent the department\nmakes funds available for such projects.\n (d) The department shall develop an evaluation plan no later than\nApril first, nineteen hundred eighty-eight, for community service\ndemonstration projects and, subject to the approval of the director of\nthe budget, may use up to five percent of the amount annually\nappropriated for project grants to conduct such evaluation which shall\ninclude but need not be limited to: an assessment of the effectiveness\nof various service delivery models in creating or enhancing linkages\namong school, housing, health, and income support services available in\nthe community; the effectiveness of various preventive services in\naverting family disruption; the cost effectiveness of providing\ncommunity focused preventive services; the impact of this service\nprovision on requirements for more intensive mandated preventive\nservices; and, the feasibility of replicating successful service models\nin other communities throughout the state.\n 4. Preventive services may be provided directly by the social services\nofficial or through purchase of service, in accordance with regulations\nof the department.\n 5. (a) Regulations of the department, promulgated pursuant to and not\ninconsistent with this section, shall contain program standards\nincluding, but not limited to: specification of services to be\nclassified as preventive services; appropriate circumstances and\nconditions for the provision of particular services; appropriate\nproviders and recipients of such services; and time limits, as may be\nappropriate, for the provision of particular services. The department\nshall, subject to the approval of the director of the budget, establish\nreimbursement or charge limitations for particular services or groups of\nservices to be provided. The department shall also promulgate\nregulations to prevent social services districts from overutilizing\nparticular forms or types of preventive services and to encourage\ndistricts to provide balanced preventive services programs based on the\nidentified needs of children and families residing in such districts.\n (b) The program standards promulgated pursuant to this subdivision\nshall be developed with the participation of the child welfare standards\nadvisory council established pursuant to section four hundred nine-h of\nthis chapter and in consultation with public and voluntary authorized\nagencies, citizens' groups and concerned individuals and organizations,\nincluding the state council on children and families.\n (c) Notwithstanding any other provision of this section, where a\nsocial services official determines that a lack of adequate housing is\nthe primary factor preventing the discharge of a child or children from\nfoster care including, but not limited to, children with the goal of\ndischarge to independent living, preventive services shall include, in\naddition to any other payments or benefits received by the family,\nspecial cash grants in the form of rent subsidies, including rent\narrears, or any other assistance, sufficient to obtain adequate housing.\nSuch rent subsidies or assistance shall not exceed the sum of seven\nhundred twenty-five dollars per month, shall not be provided for a\nperiod of more than three years, and shall be considered a special\ngrant. Nothing in this paragraph shall be construed to limit the ability\nof those using such rent subsidy to live with roommates. The provisions\nof this paragraph shall not be construed to limit such official's\nauthority to provide other preventive services.\n (e) (i) A social services official is authorized to establish and\noperate, or contract for the establishment and operation of, intensive,\nhomebased, family preservation programs.\n (ii) Notwithstanding any other provision of law, reimbursement for\nintensive, homebased family preservation services shall be limited to\nthose programs that reduce or avoid the need for foster care of children\nwho are in imminent danger of placement. Such programs shall employ\ncaseworkers trained in family preservation techniques and who provide at\nleast half of their direct services in the client's residence or\ntemporary home, work with no more than four families at any given time,\nprovide direct therapeutic services for up to thirty days which may be\nextended up to an additional thirty days per family and are available\ntwenty-four hours a day. No program described herein shall receive\nreimbursement unless such program agrees to collect and provide to the\ndepartment information necessary to evaluate and assess the degree to\nwhich such program results in lower costs to the state and to social\nservices districts than those of foster care placement. Such information\nshall be compiled in a manner that permits comparisons between families\nserved by such programs and those families who meet eligibility criteria\nbut who were not able to be served within available resources.\n (f) Notwithstanding any other provision of law, where a social\nservices official authorizes the provision of respite care, such care\nshall mean the temporary care and supervision of a child to relieve\nparents or other persons legally responsible for the care of such child\nwhere immediate relief is needed to maintain or restore family\nfunctioning.\n 6. In accordance with regulations of the department, where the child's\nfamily is able to pay all or part of the cost of such services, payments\nof such fees as may be reasonable or other third party reimbursement as\nmay be available in the light of such ability shall be required.\nExpenditures subject to reimbursement pursuant to section four hundred\nnine-b of this title shall be reduced by the sum of all fees received or\nto be received pursuant to this subdivision.\n * 7. Notwithstanding any other provision of this section, if a social\nservices official determines that a lack of adequate housing is a factor\nthat may cause the entry of a child or children into foster care and the\nfamily has at least one service need other than lack of adequate\nhousing, preventive services may include, in addition to any other\npayments or benefits received by the family, special cash grants in the\nform of rent subsidies, including rent arrears, or any other assistance,\nsufficient to obtain adequate housing. Such rent subsidies or assistance\nshall not exceed the sum of seven hundred twenty-five dollars per month,\nshall not be provided for a period of more than three years, and shall\nbe considered a special grant. Nothing in this subdivision shall be\nconstrued to limit the ability of those using such rent subsidy to live\nwith roommates. The provisions of this paragraph shall not be construed\nto limit such official's authority to provide other preventive services.\n * NB There are two sub 7's\n * 7. Notwithstanding any other provision of law, preventive services\ninformation governed by this section may be released by the department,\nsocial services district or other provider of preventive services to a\nperson, agency or organization for purposes of a bona fide research\nproject. Identifying information shall not be made available, however,\nunless it is absolutely essential to the research purpose and the\ndepartment gives prior approval. Information released pursuant to this\nsubdivision shall not be re-disclosed except as otherwise permitted by\nlaw and upon the approval of the department.\n * NB There are 2 sub 7's\n 8. In contracting for the provision of preventive services, social\nservices districts shall, to the extent feasible, place such services in\nareas with a high rate of child abuse and neglect and foster care\nplacements. Social services districts shall, to the extent feasible,\nconsider as a priority community-based organizations with a record of\nproviding quality services to children and families in such communities.\n 9. (a) Notwithstanding any provision of law to the contrary, records\nrelating to children pursuant to this section shall be made available to\nofficers and employees of the state comptroller, or of the city\ncomptroller of the city of New York, or of the county officer designated\nby law or charter to perform the auditing function in any county not\nwholly contained within a city, for purposes of a duly authorized\nperformance audit, provided, however that such comptroller or officer\nshall have certified to the keeper of such records that he or she has\ninstituted procedures developed in consultation with the department to\nlimit access to client-identifiable information to persons requiring\nsuch information for purposes of the audit, that such persons shall not\nuse such information in any way except for purposes of the audit and\nthat appropriate controls and prohibitions are imposed on the\ndissemination of client-identifiable information obtained in the conduct\nof the audit. Information pertaining to the substance or content of any\npsychological, psychiatric, therapeutic, clinical or medical reports,\nevaluations or like materials or information pertaining to such child or\nthe child's family shall not be made available to such officers and\nemployees unless disclosure of such information is absolutely essential\nto the specific audit activity and the department gives prior written\napproval.\n (b) Any failure to maintain the confidentiality of client-identifiable\ninformation shall subject such comptroller or officer to denial of any\nfurther access to records until such time as the audit agency has\nreviewed its procedures concerning controls and prohibitions imposed on\nthe dissemination of such information and has taken all reasonable and\nappropriate steps to eliminate such lapses in maintaining\nconfidentiality to the satisfaction of the department. The department\nshall establish the grounds for denial of access to records contained\nunder this section and shall recommend as necessary a plan of\nremediation to the audit agency, except as provided in this section,\nnothing in this subdivision shall be construed as limiting the powers of\nsuch comptroller or officer to records which he is otherwise authorized\nto audit or obtain under any other applicable provision of law, any\nperson given access to information pursuant to this subdivision who\nreleased data or information to persons or agencies not authorized to\nreceive such information shall be guilty of a class A misdemeanor.\n 10. All sums received by the state under section 201 of Federal Public\nLaw 105-89 shall be paid to the districts in proportion to the amount\nearned by the district for federal adoption incentives and shall only be\nused to provide preventive services to a child and his or her family as\ndefined in paragraph (a) of subdivision five of this section, in\naddition to those required by the maintenance of effort requirement\ncontained in subdivision six of section one hundred fifty-three-i of\nthis chapter, except that up to thirty percent of such sums may be used\nto provide post-adoption services to children or families. Preventive\nservices shall include substance abuse treatment services provided to\npregnant women or a caretaker person in an outpatient, residential or\nin-patient setting. Amounts expended by the state in accordance with\nthis section shall be disregarded in determining the state's\nexpenditures for purposes of federal matching payments under sections\nfour hundred twenty-three, four hundred thirty-four and four hundred\nseventy-four of this chapter.\n * 11. (a) The office of children and family services shall collect the\nfollowing data regarding preventive services, as defined in section four\nhundred nine of this title, and compile an annual report on such data by\nlocal social services district:\n (i) the total number of children and families admitted to or receiving\na new service authorization for preventive services during the preceding\ncalendar year;\n (ii) the total annual number of unduplicated children and families\nreceiving one or more days of preventive services including how many new\npreventive cases were opened during the preceding calendar year and to\nthe extent such information is known and available after making all\ndiligent efforts, the referral source for each new case;\n (iii) the total number of children and families whose preventive\nservices authorization was closed during the preceding calendar year;\n (iv) a descriptive list of the services and their utilization rate, if\npracticable, in each local social services district which utilize\npreventive service funding as allowable under section one hundred\nfifty-three-k of this chapter;\n (v) a descriptive list and their utilization rate, if practicable, of\nother preventive services provided by a local social services district\nthat does not utilize preventive service funding pursuant to section one\nhundred fifty-three-k of this chapter. For purposes of this paragraph,\nother preventive services shall include but not be limited to primary\npreventive services which may be funded through community optional\npreventive services funding or home visiting funds;\n (vi) the total number of children who entered foster care during the\npreceding calendar year who had received preventive services at any\npoint during the twelve-months prior to their entry into foster care;\nand\n (vii) any other information the commissioner may deem necessary to\ninclude in said report.\n (b) The office of children and family services shall submit such\nreport to the governor, the speaker of the assembly, the temporary\npresident of the senate, the chairpersons of the assembly and senate\nchildren and families committees, the chairperson of the assembly ways\nand means committee and the chairperson of the senate finance committee\nstarting no later than September first, two thousand twenty-one. Such\nreport shall include data and information required by paragraph (a) of\nthis subdivision for the preceding calendar year, to the extent such\ninformation is available. When practicable, such information shall be\ndisaggregated by age, sex, race and ethnicity.\n (c) The initial report shall include the aforementioned data from the\npreceding two calendar years.\n * NB Repealed September 1, 2027\n