S T A T E   O F   N E W   Y O R K
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                                   3146
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2017
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Social Services
 
 AN ACT to amend the social services law, in relation  to  directing  the
   office of children and family services to establish workload standards
   for child protective services workers

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Section 20-a of the social services law, as added by chap-
 ter 107 of the laws of 1971, is amended to read as follows:
   § 20-a.  Local personnel; limitations on department's power.  Notwith-
 standing any inconsistent provision of  this  chapter,  the  board,  the
 commissioner  or  the  department, acting singly or in unison, shall not
 have the power, directly  or  indirectly  to  prescribe  the  number  of
 persons  to  be  employed  in any social services district providing the
 district complies with the minimum federal standards  relating  thereto;
 PROVIDED,  HOWEVER,  THAT THE PROVISIONS OF THIS SECTION SHALL NOT APPLY
 TO THE REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY SERVICES  ESTAB-
 LISHING WORKLOAD STANDARDS FOR CHILD PROTECTIVE SERVICES WORKERS PROMUL-
 GATED  PURSUANT  TO  PARAGRAPH  (C)  OF SUBDIVISION FOUR OF SECTION FOUR
 HUNDRED TWENTY-ONE OF THIS CHAPTER.
   § 2. Subdivision 4 of section  421  of  the  social  services  law  is
 amended by adding a new paragraph (c) to read as follows:
   (C)  PROMULGATE  REGULATIONS  RELATING TO WORKLOAD STANDARDS FOR CHILD
 PROTECTIVE SERVICES, WHICH SHALL BE NO MORE THAN  FIFTEEN  ACTIVE  CASES
 PER  MONTH  PER  FULL  TIME CHILD PROTECTIVE SERVICES WORKER. NOTHING IN
 THIS PARAGRAPH SHALL BE CONSTRUED TO FORBID THE OFFICE FROM PROMULGATING
 REGULATIONS THAT REQUIRE AN  AVERAGE  WORKLOAD  STANDARD  OF  LESS  THAN
 FIFTEEN  ACTIVE  CASES PER MONTH PER FULL TIME CHILD PROTECTIVE SERVICES
 WORKER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08587-01-7

              

 S. 3146                             2
 
   § 3. Paragraph (c) of subdivision 1  of  section  423  of  the  social
 services  law,  as amended by chapter 83 of the laws of 1995, is amended
 to read as follows:
   (c)  The  child  protective  service  shall  have  a sufficient staff,
 SUBJECT TO THE PROVISIONS  OF  PARAGRAPH  (C)  OF  SUBDIVISION  FOUR  OF
 SECTION  FOUR HUNDRED TWENTY-ONE OF THIS TITLE, of sufficient qualifica-
 tions to fulfill the purposes of this title and be organized in  such  a
 way as to maximize the continuity of responsibility, care and service of
 individual  workers  toward  individual  children and families. A social
 services district shall have flexibility in assigning staff to the child
 protective service provided that each staff assigned to such service has
 the staff qualifications and has received the training required  by  the
 department  regulations  promulgated  pursuant  to subdivisions four and
 five of section four hundred twenty-one of this title.
   § 4. This act shall take effect on the  seven  hundred  thirtieth  day
 after it shall have become a law.