§ 427-A — Differential response programs for child protection assessments or investigations

§ 427-a. Differential response programs for child protection\nassessments or investigations. 1. Any social services district may,\nupon the authorization of the office of children and family services,\nestablish a program that implements differential responses to reports of\nchild abuse and maltreatment. Such programs shall create a family\nassessment and services track as an alternative means of addressing\ncertain matters otherwise investigated as allegations of child abuse or\nmaltreatment pursuant to this title. Notwithstanding any other provision\nof law to the contrary, the provisions of this section shall apply only\nto those cases involving allegations of abuse or maltreatment in family\nsettings expressly included in the family assessment and services track\nof the differential response program, and only in those social services\ndistricts authorized by the office of children and family services to\nimplement a differential response program. Such cases shall not be\nsubject to the requirements otherwise applicable to cases reported to\nthe statewide central register of child abuse and maltreatment pursuant\nto this title, except as set forth in this section.\n 2. Any social services district interested in implementing a\ndifferential response program shall apply to the office of children and\nfamily services for permission to participate. The criteria for a social\nservices district to participate will be determined by the office of\nchildren and family services after consultation with the office for the\nprevention of domestic violence, however the social services district's\napplication must include a plan setting forth the following:\n (a) in conjunction with any additional requirements imposed by the\noffice of children and family services and the provisions of this\nsubdivision, the factors to be considered by the social services\ndistrict in determining which cases will be addressed through the family\nassessment and services track and the size of the population to be the\nsubject of the differential response program;\n (b) the types of services and interventions to be provided to families\nincluded in the family assessment and services track and a description\nof how the services will be offered;\n (c) a description of the process to be followed for planning and\nmonitoring the services provided under the family assessment and\nservices track;\n (d) a description of how the principles of family involvement and\nsupport consistent with maintaining the safety of the child will be\nimplemented in the family assessment and services track;\n (e) a description of how the differential response program will\nenhance the ability of the district to protect children, maintain the\nsafety of children and preserve families;\n (f) a description of how the district will reduce the involvement of\ngovernment agencies with families and maintain the safety of children\nthrough the use of community resources;\n (g) a description of the staff resources proposed to be used in the\nfamily assessment and services track, including the proposed staff\nworkloads and qualifications;\n (h) a description of the training that will be provided to district\nand any non-district staff to be used in the differential response\nprogram including, but not limited to, a description of the training\ninvolving maintaining the safety and well-being of children and any\ncross training planned for family assessment and investigative staff;\n (i) a description of the community resources that are proposed to be\nused in the family assessment and services track;\n (j) a description of any additional funding that may be utilized to\nenhance the differential response program; and\n (k) a description of the protocol to be followed for handling cases\nwhere domestic violence is present in order to maintain the safety of\nthe child through the family assessment and services track.\n 3. The criteria for determining which cases may be placed in the\nassessment track shall be determined by the local department of social\nservices, in conjunction with the office of children and family services\nand after consultation with the office for the prevention of domestic\nviolence. Provided, however, that reports including any of the following\nallegations shall not be included in the assessment track of a\ndifferential response program:\n (a) reports alleging that the subject committed or allowed to be\ncommitted an offense defined in article one hundred thirty of the penal\nlaw;\n (b) reports alleging that the subject allowed, permitted or encouraged\na child to engage in any act described in sections 230.25, 230.30 and\n230.32 of the penal law;\n (c) reports alleging that the subject committed any of the acts\ndescribed in section 255.25, 255.26 or 255.27 of the penal law;\n (d) reports alleging that the subject allowed a child to engage in\nacts or conduct described in article two hundred sixty-three of the\npenal law;\n (e) reports alleging that the subject committed assault in the first,\nsecond or third degree against a child;\n (f) reports alleging that the subject committed or attempted to commit\nmurder or manslaughter in the first or second degree;\n (g) reports alleging that the subject abandoned a child pursuant to\nsubdivision five of section three hundred eighty-four-b of this article;\n (h) reports alleging that the subject has subjected a child to severe\nor repeated abuse as those terms are defined in paragraphs (a) and (b)\nof subdivision eight of section three hundred eighty-four-b of this\narticle; and\n (i) reports alleging that the subject has neglected a child so as to\nsubstantially endanger the child's physical or mental health, including\na growth delay, which may be referred to as failure to thrive, that has\nbeen diagnosed by a physician and is due to parental neglect.\n 4. The following procedures shall be followed for all cases included\nin the family assessment and services track:\n (a) Reports taken at the statewide central register of child abuse and\nmaltreatment shall be transmitted to the appropriate local child\nprotective service.\n (b) A social services district permitted by the office of children and\nfamily services to participate in the implementation of a differential\nresponse program shall, consistent with the criteria developed pursuant\nto subdivision three of this section, identify those reports which are\ninitially eligible to be included in the family assessment and services\ntrack.\n (c) For those reports which are included in the family assessment and\nservices track, the social services district shall not be subject to the\nrequirements of this title concerning initial investigation of reports\nof suspected abuse and maltreatment of children, including notification\nrequirements. For reports assigned to the family assessment and services\ntrack, the social services district shall be responsible for ensuring\nthat the children are safe in their homes. Such safety assessment shall\nbe commenced within twenty-four hours of receipt of the report and\ncompleted within seven days. Based on the initial safety assessment, the\ndistrict shall determine if the report shall continue under the family\nassessment and services track. This safety assessment must be documented\nin the manner specified by the office of children and family services.\nShould the children be found to be safe in the home, the social services\ndistrict shall then identify service needs and family issues, if any,\nthat should be addressed.\n (i) Where the social services district determines, based on the\ninitial safety assessment, that the report is appropriate to be included\nin the family assessment and services track, the social services\ndistrict shall document the reason for that determination in the initial\nsafety assessment and inform the statewide central register of child\nabuse and maltreatment that the report is part of the family assessment\nand services track and request that the records of the statewide central\nregister of child abuse and maltreatment of such report be classified as\nan assessment track case and be legally sealed. Such sealed reports\nshall be maintained at the statewide central register of child abuse and\nmaltreatment for ten years after the report was made. Access to reports\nassigned to, and records created under the family assessment and\nservices track and information concerning such reports and records is\ngoverned by paragraph (d) of subdivision five of this section.\n (ii) Where the social services district determines, based on the\ninitial safety assessment, to investigate the report as a report of\nsuspected child abuse or maltreatment, the social services district\nshall document the reason for that decision in the initial safety\nassessment. Where the social services district makes the determination\nto investigate the report, all of the requirements of this title\nconcerning investigations of reports of suspected child abuse and\nmaltreatment shall apply, including the notification requirements. The\nreport shall no longer be eligible to be included in the family\nassessment and services track.\n (d) Where the social services district has determined that a case is\nappropriate to be included in the family assessment and services track,\nthe district's activities shall include, at a minimum, the following:\n (i) the provision of written notice to each parent, guardian or other\nperson legally responsible for the child or children participating in\nthe family assessment and services track explaining that it is the\nintent of the social services district to meet the needs of the family\nwithout engaging in a traditional child protective services\ninvestigation. The notice shall also explain that the workers assisting\nthe family in the family assessment and services track are mandated\nreporters who are required to report suspected child abuse or\nmaltreatment and that those workers are required to report new\ninformation that they receive in their work with the family if that\ninformation gives them reasonable cause to suspect that a child in the\nfamily is an abused or maltreated child;\n (ii) an examination, with the family, of the family's strengths,\nconcerns and needs;\n (iii) where appropriate, an offer of assistance which shall include\ncase management that is supportive of family stabilization;\n (iv) the planning and provision of services responsive to the service\nneeds of the family; and\n (v) an on-going joint evaluation and assessment of the family's\nprogress including ongoing, periodic assessments of risk to the child.\n (e) After the social services district has received a report of\nsuspected maltreatment and determined that the report is initially\neligible to be included in the family assessment and services track,\npursuant to paragraph (b) of this subdivision, the activities described\nin paragraphs (c) and (d) of this subdivision may be performed by the\nsocial services district directly or through any other method currently\nutilized by social services districts to obtain preventive services for\nchildren and families. If a community-based agency determines, pursuant\nto subparagraph (ii) of paragraph (c) of this subdivision, that a report\nmust be investigated as a case of suspected child abuse or maltreatment,\nthe community-based agency shall so inform the social services district,\nwhich shall then become responsible for conducting the child protective\nservices investigation in accordance with the requirements of this\ntitle.\n (f) A report selected for inclusion in the demonstration project shall\ncease to be eligible for inclusion in the demonstration project if at\nany time in the course of providing services the district or\ncommunity-based agency finds that:\n (i) there is evidence of child abuse, including sexual abuse; or\n (ii) the parent or parents refuse to cooperate with the district or\ncommunity-based agency in developing or implementing a plan to address\nthe family problems or issues and there is evidence of maltreatment of a\nchild.\n (g) Where the district finds or is advised by a community-based\nagency, subsequent to the completion of the initial safety assessment\nand after the report is legally sealed, that the report is no longer\neligible for inclusion in the demonstration project pursuant to\nparagraph (f) of this subdivision, the district shall contact the\nstatewide central register of child abuse and maltreatment and make a\nnew report of suspected child abuse or maltreatment pursuant to section\nfour hundred thirteen of this title.\n (h) Where a report has been included in the family assessment and\nservices track and a subsequent report involving the family is made to\nthe statewide central register of child abuse and maltreatment, and such\nsubsequent report is not eligible for inclusion in the family assessment\nand services track, the local child protective services, in conducting\nits investigation, shall work cooperatively with any district or\ncommunity-based agency staff that are already working with the family to\nminimize to the extent practicable the chance that existing services\nbeing provided to the family will be disrupted and to maximize to the\nextent practicable the coordination of the existing services being\nprovided to the family with any new services to be provided to the\nfamily.\n 5. (a) Cases included in the family assessment and services track\nshall not be subject to the requirements of section four hundred nine-e\nor four hundred nine-f of this article.\n (b) All records created as part of the family assessment and services\ntrack shall include, but not be limited to, documentation of the initial\nsafety assessment, the examination of the family's strengths, concerns\nand needs, all services offered and accepted by the family, the plan for\nsupportive services for the family, all evaluations and assessments of\nthe family's progress, and all periodic risk assessments.\n (c) Records created under the family assessment and services track\nshall be maintained for ten years after the report initiating the case\nat the statewide central register was made.\n (d) All reports assigned to, and records created under, the family\nassessment and services track, including but not limited to reports made\nor written as well as any other information obtained or photographs\ntaken concerning such reports or records shall be confidential and shall\nbe made available only to:\n (i) staff of the office of children and family services and persons\ndesignated by the office of children and family services;\n (ii) the social services district responsible for the family\nassessment and services track case;\n (iii) community-based agencies that have contracts with the social\nservices district to carry out activities for the district under the\nfamily assessment and services track;\n (iv) providers of services under the family assessment and services\ntrack;\n (v) any social services district investigating a subsequent report of\nabuse or maltreatment involving the same subject or the same child or\nchildren named in the report;\n (vi) a court, but only while the family is receiving services provided\nunder the family assessment and services track and only pursuant to a\ncourt order or judicial subpoena, issued after notice and an opportunity\nfor the subject of the report and all parties to the present proceeding\nto be heard, based on a judicial finding that such reports, records, and\nany information concerning such reports and records, are necessary for\nthe determination of an issue before the court. Such reports, records\nand information to be disclosed pursuant to a judicial subpoena shall be\nsubmitted to the court for inspection and for such directions as may be\nnecessary to protect confidentiality, including but not limited to\nredaction of portions of the reports, records, and information and to\ndetermine any further limits on redisclosure in addition to the\nlimitations provided for in this title. A court shall not have access to\nthe sealed family assessment and services reports, records, and any\ninformation concerning such reports and records, after the conclusion of\nservices provided under the family assessment and services track; and\n (vii) the subject of the report included in the records of the family\nassessment and services track.\n (e) Persons given access to sealed reports, records, and any\ninformation concerning such reports and records, pursuant to paragraph\n(d) of this subdivision shall not redisclose such reports, records and\ninformation except as follows:\n (i) the office of children and family services and social services\ndistricts may disclose aggregate, non-client identifiable information;\n (ii) social services districts, community-based agencies that have\ncontracts with a social services district to carry out activities for\nthe district under the family assessment and services track, and\nproviders of services under the family assessment and services track,\nmay exchange such reports, records and information concerning such\nreports and records as necessary to carry out activities and services\nrelated to the same person or persons addressed in the records of a\nfamily assessment and services track case;\n (iii) the child protective service of a social services district may\nunseal a report, record and information concerning such report and\nrecord of a case under the family assessment and services track in the\nevent such report, record or information is relevant to a subsequent\nreport of suspected child abuse or maltreatment. Information from such\nan unsealed report or record that is relevant to the subsequent report\nof suspected child abuse and maltreatment may be used by the child\nprotective service for purposes of investigation and family court action\nconcerning the subsequent report and may be included in the record of\nthe investigation of the subsequent report. If the social services\ndistrict initiates a proceeding under article ten of the family court\nact in connection with such a subsequent report of suspected child abuse\nand maltreatment and there is information in the report or record of a\nprevious case under the family assessment and services track that is\nrelevant to the proceeding, the social services district shall include\nsuch information in the record of the investigation of the subsequent\nreport of suspected child abuse or maltreatment and shall make that\ninformation available to the family court and the other parties for use\nin such proceeding provided, however, that the information included from\nthe previous case under the family assessment and services track shall\nthen be subject to all laws and regulations regarding confidentiality\nthat apply to the record of the investigation of such subsequent report\nof suspected child abuse or maltreatment. The family court may consider\nthe information from the previous case under the family assessment and\nservices track that is relevant to such proceeding in making any\ndeterminations in the proceeding; and\n (iv) a subject of the report may, at his or her discretion, present a\nreport, records and information concerning such report and records from\nthe family assessment and services track case, in whole or in part, in\nany proceeding under article ten of the family court act in which the\nsubject is a respondent. A subject of the report also may, at his or her\ndiscretion, present a report, records and information concerning such\nreport and records from the family assessment and services track, in\nwhole or in part, in any proceeding involving the custody of, or\nvisitation with the subject's children, or in any other relevant\nproceeding. In making any determination in such a proceeding, the court\nmay consider any portion of the family assessment and service track\nreport, records and any information concerning such report and records\npresented by the subject of the report that is relevant to the\nproceeding. Nothing in this subparagraph, however, shall be interpreted\nto authorize a court to order the subject to produce such report,\nrecords or information concerning such report and records, in whole or\nin part.\n 6. Expenditures by a social services district pursuant to this section\nshall be reimbursable from the annual appropriations available for\nsocial services district expenditures for child welfare services which\nshall include, but not be limited to, preventive services provided\npursuant to section four hundred nine-a of this article, child\nprotective services, independent living services and any other\nappropriation made specifically to support these differential response\nprograms. Nothing shall preclude a social services district from seeking\nprivate funds for support of their differential response programs.\n 7. The office of children and family services shall post the plan\ncontained in any application approved for implementation of a\ndifferential response program on the office of children and family\nservices website within sixty days of such approval.\n 8. The office of children and family services shall report on the\ndifferential response programs established pursuant to this section as\npart of the annual report required pursuant to section four hundred\ntwenty-six of this title.\n