§ 458-O — Differential response programs for children under twelve

§ 458-o. Differential response programs for children under twelve. 1.\nEach local social services district, upon the approval of the office of\nchildren and family services, shall establish a program that implements\ndifferential responses to provide services to children under twelve\nyears of age, who do not fall under the definition of juvenile\ndelinquent pursuant to subparagraph (iii) of paragraph (a) of\nsubdivision one of section 301.2 of the family court act and whose\nbehavior, but for their age, would bring them within the jurisdiction of\nthe family court pursuant to article three of the family court act. Such\nprograms shall establish and utilize appropriate assessments and\nservices for youth, in order to help reduce future interaction with the\njuvenile justice and/or child welfare systems. Such assessments shall be\nused to determine what, if any, services are needed, and such services\nshall utilize the least restrictive intervention protocols available.\nNotwithstanding any other provision of law to the contrary, the\nprovisions of this section shall apply only to those cases involving\nchildren under twelve years of age, who do not fall under the definition\nof juvenile delinquent pursuant to subparagraph (iii) of paragraph (a)\nof subdivision one of section 301.2 of the family court act and whose\nbehavior, but for their age, would bring them within the jurisdiction of\nthe family court pursuant to article three of the family court act.\n 2. To establish a differential response program, each local social\nservices district, as part of their district-wide child welfare services\nplan, as defined in section four hundred nine-d of this article, shall\ninclude a plan to serve the youth described in subdivision one of this\nsection while utilizing certain criteria to be promulgated in regulation\nby the office of children and family services including but not limited\nto the following:\n (a) the types of assessment to determine whether services are\nnecessary, services and interventions to be provided to children and\nfamilies included in the differential response program for such children\nand a description of how the services will be offered. Such services\nshall include, but not be limited to, those services set forth in\nsection four hundred nine-a of this article and section four hundred\nfifty-eight-m of this article;\n (b) a description of the process to be followed for planning and\nmonitoring the services provided under the differential responses;\n (c) a description of how the differential response program will\nenhance the ability of the district to reduce future interactions with\nthe juvenile justice and child welfare systems, ensure the safety and\nwell-being of such children, and ways to ensure such program addresses\nadverse impacts on minority communities;\n (d) 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 set\nforth in section eight hundred forty of the executive law for police\nofficers whose main responsibilities are juveniles and the laws\npertaining thereto; and\n (e) a description of any additional funding that may be utilized to\nenhance the differential response program.\n 3. (a) All records created as part of the differential response\nprogram for children described in subdivision one of this section shall\ninclude, but not be limited to, the initial and any subsequent reasons\nwhy a differential response is recommended for a child, documentation of\nall services offered and accepted by such child and their family, the\nplan for supportive services for the child and their family, and all\nevaluations and assessments of the child's progress.\n (b) Records created under the differential response program for the\nchildren described in subdivision one of this section shall be\nmaintained for five years after a child is referred to a local social\nservices district for intervention as described in this section or until\nthe child reaches the age of twelve, whichever is sooner.\n (c) All reports assigned to, and records created under, the\ndifferential response program, 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, shall be\nmade available only to an entity listed below which has been involved in\nthe particular youth's service delivery, and shall not be redisclosed,\nexcept as authorized pursuant to subparagraph (vi) of this paragraph,\nutilizing non-identifying aggregated information. Such entities shall\ninclude:\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 differential\nresponse program for children described in subdivision one of this\nsection;\n (iii) a community-based agency that has a contract with the social\nservices district to carry out activities for the district under the\ndifferential response program;\n (iv) a provider of services under the differential response program;\n (v) the child, or to their parent or legal guardian, and the attorney\nfor the child; and\n (vi) the office of children and family services and social services\ndistricts for the sole purpose of preparing the report required pursuant\nto subdivision five of this section.\n 4. 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, funding for\nfamily support services programs as set forth in section four hundred\nfifty-eight-n of this article and supervision and treatment services for\njuveniles program as set forth in section five hundred twenty-nine-b of\nthe executive law. Nothing shall preclude a social services district\nfrom seeking private funds for support of their differential response\nprograms.\n 5. The office of children and family services shall report on the\ndifferential response programs established pursuant to this section,\nincluding the local social services district's efforts to reduce future\ninteractions with the juvenile justice and child welfare systems, how\nthe local social services districts are ensuring the safety and\nwell-being of such children, and how the program is addressing adverse\nimpacts on minority communities, on an annual basis beginning one year\nfrom the start of every local social services district's differential\nresponse program.\n