S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3873
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2021
                                ___________
 
 Introduced  by M. of A. BURKE -- read once and referred to the Committee
   on Children and Families
 
 AN ACT to amend the social services law, in relation to caseload  stand-
   ards for preventative services caseworkers
 
   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 CASELOAD  STANDARDS  FOR  PREVENTATIVE  CASE  PLANNING  SERVICES
 PROMULGATED  PURSUANT  TO SUBDIVISION NINE OF SECTION FOUR HUNDRED TWEN-
 TY-ONE OF THIS CHAPTER.
   § 2. Paragraph (a) of subdivision 1 of section  153-k  of  the  social
 services law, as added by section 15 of part C of chapter 83 of the laws
 of 2002, is amended to read as follows:
   (a)  Expenditures  made by social services districts for child protec-
 tive services, preventive services provided, as applicable, to  eligible
 children  and  families  of  children  who are in and out of foster care
 placement, independent living services, aftercare services, and adoption
 administration and  services  other  than  adoption  subsidies  provided
 pursuant  to  article  six  of  this  chapter and the regulations of the
 department of family assistance shall, if  approved  by  the  office  of
 children  and  family  services,  be subject to sixty-five percent state
 reimbursement exclusive of any federal funds  made  available  for  such
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07492-01-1

 A. 3873                             2
 
 purposes,  in accordance with the directives of the department of family
 assistance and subject to the approval of the director  of  the  budget.
 PROVIDED  HOWEVER,  FOR  REQUIREMENTS  PRESCRIBED IN SUBDIVISION NINE OF
 SECTION FOUR HUNDRED TWENTY-ONE OF THIS CHAPTER, SUCH EXPENDITURES SHALL
 BE  SUBJECT  TO  ONE  HUNDRED PERCENT STATE REIMBURSEMENT, PROVIDED THAT
 LOCAL  SOCIAL  SERVICES  DISTRICTS  CONTINUE  TO  MAINTAIN  EXPENDITURES
 RELATED  TO  PREVENTATIVE  CASE PLANNING SERVICES AT A LEVEL EQUAL TO OR
 GREATER THAN EXPENDITURES FOR SUCH ACTIVITY DURING THE FISCAL YEAR IMME-
 DIATELY PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF THE  LAWS  OF  TWO
 THOUSAND TWENTY-ONE WHICH AMENDED THIS PARAGRAPH.
   § 3. Section 421 of the social services law is amended by adding a new
 subdivision 9 to read as follows:
   9.  PROMULGATE  REGULATIONS IN CONSULTATION WITH LOCAL SOCIAL SERVICES
 DISTRICTS, RELATING TO CASELOAD STANDARDS FOR PREVENTATIVE CASE PLANNING
 SERVICES. SUCH STANDARDS SHALL BE NO MORE THAN TWELVE FAMILIES PER FULL-
 TIME PREVENTATIVE CASE PLANNING SERVICES CASEWORKER PER MONTH.   NOTHING
 IN  THIS  SUBDIVISION  SHALL  BE  CONSTRUED  TO PROHIBIT THE OFFICE FROM
 PRESCRIBING LOCAL SOCIAL SERVICES DISTRICTS FROM  ESTABLISHING  CASELOAD
 GUIDELINES THAT ARE LESS THAN WHAT IS REQUIRED IN THIS SUBDIVISION.
   § 4. This act shall take effect two years after it shall have become a
 law;  provided,  however  that  the  amendments  to section 153-k of the
 social services law made by section two of this act shall not affect the
 repeal of such section and shall be deemed repealed therewith.