§ 421 — Responsibility of the office

New York § 421

• Jurisdiction: New York
• Law SOS: Social Services
• Title 6: Child Protective Services
• Art. 6: Children

Text

§ 421. Responsibility of the office. The office shall: 1. in\nconjunction with local departments, both jointly and individually,\nwithin the appropriation available, conduct a continuing publicity and\neducation program for local department staff, persons and officials\nrequired to report including district attorneys, assistant district\nattorneys, police officers, peace officers, investigators employed in\nthe office of a district attorney, and any other appropriate persons to\nencourage the fullest degree of reporting of suspected child abuse or\nmaltreatment. Such program shall be developed and implemented in\ncoordination with those established pursuant to section 31.06 of the\nmental hygiene law, section twenty-eight hundred five-n of the public\nhealth law, section thirty-two hundred nine-a of the education law,\nsections two hundred fourteen-a and eight hundred forty of the executive\nlaw and article eleven of this chapter. The program shall include but\nnot be limited to responsibilities, obligations and powers under this\ntitle and chapter as well as the diagnosis of child abuse and\nmaltreatment, the procedures of the child protective service, the family\ncourt and other duly authorized agencies and the prevention, treatment\nand remediation of abuse and maltreatment of children in residential\ncare.\n 2. (a) provide technical assistance to local social services\ndepartments regarding case planning and provision of services and\nperformance of other responsibilities pursuant to this title. Such\nassistance shall be provided on a regular, ongoing basis and shall also\nbe made available as needed, upon request of any such local department.\n (b) issue guidelines to assist local social services departments in\nevaluating and establishing investigative priorities for reports\ndescribing situations or events which may pose a clear and present\ndanger to the life, health or safety of a child and which require\nimmediate, personal contact between the local child protective service\nand the subject of the report, the subject's family, or any other\npersons named in the report.\n (c) issue guidelines to assist local child protective services in the\ninterpretation and assessment of reports of abuse and maltreatment made\nto the statewide central register described in section four hundred\ntwenty-two of this article. Such guidelines shall include information,\nstandards and criteria for the identification of evidence of alleged\nabuse and maltreatment as required to determine whether a report may be\nindicated pursuant to this article. Provided further, the office of\nchildren and family services shall update such guidelines, standards and\ncriteria issued to the local child protective services to include\nprotocols to reduce implicit bias in the decision-making processes,\nstrategies for identifying adverse childhood experiences as defined in\nparagraph (c) of subdivision one of section twenty-d of this chapter,\nguidelines to assist in recognizing signs of abuse or maltreatment while\ninteracting virtually, and guidance on identifying an abused or\nmaltreated child when such child is an individual with an intellectual\nor developmental disability as defined in section 1.03 of the mental\nhygiene law. The office may utilize existing programs or materials\nestablished pursuant to section twenty-d of this chapter.\n 3. * promulgate regulations setting forth requirements for the\nperformance by local social services departments of the duties and\npowers imposed and conferred upon them by the provisions of this title\nand of article ten of the family court act. Such regulations shall\nestablish uniform requirements for the investigation of reports of child\nabuse or maltreatment under this title. The department shall also issue\nguidelines which shall set forth the circumstances or conditions under\nwhich:\n * NB Effective until March 12, 2026\n * promulgate regulations setting forth requirements for the\nperformance by local social services departments of the duties and\npowers imposed and conferred upon them by the provisions of this title\nand of article ten of the family court act. Such regulations shall\nestablish uniform requirements for the investigation of reports of child\nabuse or maltreatment under this title. The office of children and\nfamily services shall also issue guidelines which shall set forth the\ncircumstances or conditions under which:\n * NB Effective March 12, 2026\n (a) personal contact shall be made with the child named in the report\nand any other children in the same household, including interviewing\nsuch child or children absent the subject of the report whenever\npossible and appropriate;\n (b) photographs of visible physical injuries or trauma of children who\nmay be the victims of abuse or maltreatment shall be taken or arranged\nfor;\n (c) medical examination of a child who may be a victim of abuse or\nmaltreatment and documentation of findings of such examination, shall be\nrequired.\n * The department shall promulgate regulations to establish standards\nfor intervention, criteria for case closings, criteria for determining\nwhether or not to initiate a child protective proceeding, and criteria\nfor the formulation of treatment plans and for the delivery of child\nprotective services including specification of the services to be\nclassified as child protective services, which shall also apply to any\nsociety for the prevention of cruelty to children which has entered into\na currently valid contract with a local department of social services to\ninvestigate child abuse or maltreatment reports. The department shall\npromulgate regulations establishing minimum standards and practices for\nthe delivery of child protective services in connection with monitoring\nand supervising respondents and their families as ordered by a family\ncourt pursuant to section ten hundred thirty-nine and paragraphs (i),\n(iii), (iv) and (v) of subdivision (a) of section ten hundred fifty-two\nof the family court act. Such regulations shall also require local child\nprotective services to comply with notification requirements of the\nfamily court act in connection with such monitoring and supervisory\nresponsibilities.\n * NB Effective until March 12, 2026\n *The office of children and family services shall promulgate\nregulations to establish standards for the development of a training\ncurriculum for child protective services workers which teaches\nappropriate investigatory techniques for reports of sexual abuse and\nmandates on-going training for child protective services workers,\nstandards for intervention, criteria for case closings, criteria for\ndetermining whether or not to initiate a child protective proceeding,\nand criteria for the formulation of treatment plans and for the delivery\nof child protective services including specification of the services to\nbe classified as child protective services, which shall also apply to\nany society for the prevention of cruelty to children which has entered\ninto a currently valid contract with a local department of social\nservices to investigate child abuse or maltreatment reports. The office\nof children and family services shall promulgate regulations\nestablishing minimum standards and practices for the delivery of child\nprotective services in connection with monitoring and supervising\nrespondents and their families as ordered by a family court pursuant to\nsection ten hundred thirty-nine and paragraphs (i), (iii), (iv) and (v)\nof subdivision (a) of section ten hundred fifty-two of the family court\nact. Such regulations shall also require local child protective services\nto comply with notification requirements of the family court act in\nconnection with such monitoring and supervisory responsibilities.\n * NB Effective March 12, 2026\n 4. (a) after consultation with the local child protective services,\npromulgate regulations relating to staff qualifications for\nnon-supervisory child protective services workers, prescribing any\nbaccalaureate or equivalent college degree and/or relevant human service\nexperience as requirements. Such requirements shall not apply to persons\ncurrently employed by such child protective services who were hired\nbefore January first, nineteen hundred eighty-six.\n (b) after consultation with the local child protective services,\npromulgate regulations relating to staff qualifications for those\nassigned to be supervisors of child protective services, prescribing any\nbaccalaureate or equivalent college degree and/or relevant human\nservices experience as requirements. Provided, however, that such\nregulations shall at a minimum provide that those assigned to be\nsupervisors of child protective services have either a baccalaureate\ndegree or three years of relevant work experience in a human services\nfield. Such requirements shall not apply to persons currently assigned\nto be a child protective services supervisor who were hired before\nDecember first, two thousand six.\n 5. (a) directly or through the purchase of services, implement,\nsubject to the amounts appropriated therefor, an ongoing, statewide\ntraining program for employees of the department and of each local\ndepartment of social services employed in the provision and supervision\nof child protective services or in other activities required in\naccordance with the provisions of this title.\n * (b) promulgate regulations setting forth training requirements which\nshall specify, among other things, that all persons hired by a child\nprotective service on or after April first, nineteen hundred eighty-six\nshall have satisfactorily completed a course approved by the department\nwithin the first three months of employment, in the fundamentals of\nchild protection, provided, however, that on or after April first, two\nthousand twenty-five, such course may be satisfactorily completed\nthrough distance learning methods which evince that all participants are\nin attendance for the duration of the course and are able to ask\nquestions of the instructor. Each county shall be authorized to adopt a\nlocal law, ordinance or resolution to provide for a local department of\nsocial services to fulfill the training requirement established by this\nparagraph through a distance learning method, excluding the annual in\nservice training requirement. Such course shall include at least basic\ntraining in the principles and techniques of investigations, including\nrelationships with other investigative bodies, legal issues in child\nprotection, and methods of remediation, diagnosis, treatment and\nprevention. Such regulations shall also specify that all persons\nemployed by a child protective service on or after December first, two\nthousand six shall satisfactorily complete six hours of annual in\nservice training, beginning in their second year of employment. Such\nannual in service training shall include, but is not limited to, review\nof the protocols for identification and investigation of child abuse and\nmaltreatment, any developments in legal, treatment and prevention issues\nin child protection, and review and analysis of field experiences of\nchild protective services workers.\n * NB Effective until March 12, 2026\n * (b) promulgate regulations setting forth training requirements which\nshall specify, among other things, that all persons hired by a child\nprotective service on or after April first, nineteen hundred eighty-six\nshall have satisfactorily completed a course approved by the office of\nchildren and family services within the first three months of\nemployment, in the fundamentals of child protection, provided, however,\nthat on or after April first, two thousand twenty-five, such course may\nbe satisfactorily completed through distance learning methods which\nevince that all participants are in attendance for the duration of the\ncourse and are able to ask questions of the instructor. Each county\nshall be authorized to adopt a local law, ordinance or resolution to\nprovide for a local department of social services to fulfill the\ntraining requirement established by this paragraph through a distance\nlearning method, excluding the annual in service training requirement.\nSuch course shall include at least basic training in the principles and\ntechniques of investigations, including relationships with other\ninvestigative bodies, legal issues in child protection, and methods of\nremediation, diagnosis, treatment and prevention. Such regulations shall\nalso specify that all persons employed by a child protective service on\nor after December first, two thousand six shall satisfactorily complete\nsix hours of annual in service training, beginning in their second year\nof employment. Such annual in service training shall include, but is not\nlimited to, review of the protocols for identification and investigation\nof child abuse and maltreatment, any developments in legal, treatment\nand prevention issues in child protection, and review and analysis of\nfield experiences of child protective services workers.\n * NB Effective March 12, 2026\n (c) require all persons assigned to be a supervisor by a child\nprotective service on or after April first, nineteen hundred eighty-six,\nshall have satisfactorily completed, within the first three months of\nemployment as a supervisor or within three months of the effective date\nof this paragraph, whichever shall occur first, a course in the\nfundamentals of child protection developed by the office of children and\nfamily services. Such training course shall, among other things,\nstrengthen and expand current training procedures for child protective\nservice supervisors; provide the skills, knowledge and standards to\npractice effective case planning and case management; provide\ncomprehensive assessment tools needed in critical decision making;\nrequire participation in the existing next generation training required\nby child protective service caseworkers; strengthen recognition and\nresponse to safety and risk indicators; improve skills to promote\nconsistent implementation of training and practice; provide the\nnecessary tools and assistance to build the ability to coach and monitor\nchild protective service caseworkers and model effective investigation\npractice; increase cultural competency and sensitivity; and establish an\nannual in service training program specifically focused on child\nprotective service supervisors.\n (d) withhold reimbursement, otherwise payable to social services\ndistricts, for the salaries of employees of child protective services\nwho do not comply with the background review, educational, experience or\ntraining requirements of this title.\n 6. promulgate regulations which require social services districts to\nmake local procedural manuals and service directories available to\nemployees of a child protective service, service providers and other\nprofessionals involved in the prevention of child abuse and\nmaltreatment.\n * 7. take all reasonable and necessary actions to assure that the\nlocal departments of social services are kept apprised on a current\nbasis of the laws, regulations and policies of the department concerning\nchild abuse and maltreatment.\n * NB Effective until March 12, 2026\n * 7. take all reasonable and necessary actions to assure that the\nlocal departments of social services are kept apprised on a current\nbasis of the laws, regulations and policies of the office of children\nand family services concerning child abuse and maltreatment.\n * NB Effective March 12, 2026\n 8. monitor and supervise the performance of the local departments of\nsocial services.\n