S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5674
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 15, 2021
                                ___________
 
 Introduced  by Sen. BRISPORT -- read twice and ordered printed, and when
   printed to be committed to the Committee on Children and Families
 
 AN ACT to amend the social services law,  in  relation  to  differential
   response programs for child protection assessments or investigations

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 427-a of the social services  law,
 as  amended  by  chapter  45  of the laws of 2011, is amended to read as
 follows:
   1. [Any] EACH social services district [may] SHALL, upon the  authori-
 zation  of  the  office  of  children  and  family services, establish a
 program that implements differential responses to reports of child abuse
 and maltreatment. Such programs shall create  a  family  assessment  and
 services  track  as  an  alternative means of addressing certain matters
 otherwise investigated as allegations of  child  abuse  or  maltreatment
 pursuant  to  this  title. Notwithstanding any other provision of law to
 the contrary, the provisions of this section shall apply only  to  those
 cases  involving  allegations  of  [abuse  or]  maltreatment  in  family
 settings expressly included in the family assessment and services  track
 of  the  AUTHORIZED  differential  response  program[, and only in those
 social services districts authorized by the office of children and fami-
 ly services to implement a differential response  program].  Such  cases
 shall  not  be subject to the requirements otherwise applicable to cases
 reported to the statewide central register of child abuse and  maltreat-
 ment pursuant to this title, except as set forth in this section.
   §  2.    The  opening  paragraph and paragraph (a) of subdivision 2 of
 section 427-a of the social services law, as added by chapter 452 of the
 laws of 2007, are amended to read as follows:
   [Any] EACH social services  district  [interested  in  implementing  a
 differential response program] shall [apply] SUBMIT A PLAN to the office
 of children and family services ON OR BEFORE JANUARY FIRST, TWO THOUSAND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10412-01-1

 S. 5674                             2
 
 TWENTY-THREE  for [permission to participate] AUTHORIZATION TO OPERATE A
 PROGRAM PURSUANT TO SUBDIVISION ONE OF THIS  SECTION  PRIOR  TO  JANUARY
 FIRST,  TWO  THOUSAND  TWENTY-FOUR.  The criteria for [a social services
 district  to participate] AUTHORIZATION will be determined by the office
 of children and family services after consultation with the  office  for
 the  prevention  of  domestic  violence[,];  however the social services
 district's [application must include a] plan [setting] SHALL  SET  forth
 the following:
   (a)  in  conjunction  with  any additional requirements imposed by the
 office of children and family services and the provisions of this subdi-
 vision, the factors to be considered by the social services district  in
 determining  which cases will be addressed through the family assessment
 and services track and the size of the population to be the  subject  of
 the  differential  response  program  AND  THE PROTOCOLS THAT WILL BE IN
 PLACE TO REMOVE IMPLICIT BIAS FROM THE DECISION-MAKING PROCESS IN DETER-
 MINING WHICH CASES WILL BE SUBJECT TO THE DIFFERENTIAL RESPONSE;
   § 3. The opening paragraph of subdivision 3 of section  427-a  of  the
 social  services  law,  as  added by chapter 452 of the laws of 2007, is
 amended to read as follows:
   The criteria for determining which cases may be placed in the  assess-
 ment  track  shall  be  determined  by  the  local  department of social
 services, in conjunction with AND IN ACCORDANCE  WITH  REQUIREMENTS  SET
 FORTH  BY the office of children and family services and after consulta-
 tion with the office for the prevention of domestic violence.  Provided,
 however,  that  SUCH CRITERIA SHALL INCLUDE PROTOCOLS TO REMOVE IMPLICIT
 BIAS IN THE DECISION-MAKING PROCESS.  PROVIDED  FURTHER,  HOWEVER,  THAT
 reports including any of the following allegations shall not be included
 in the assessment track of a differential response program:
   §  4.  Subdivision  7  of section 427-a of the social services law, as
 added by chapter 452 of the laws of 2007, is amended to read as follows:
   7. The office of children and family services shall  post  [the]  EACH
 plan  [contained  in  any  application approved] for implementation of a
 differential response program on  the  office  of  children  and  family
 services website within sixty days of such approval.
   §  5.    This  act  shall take effect on the one hundred eightieth day
 after it shall have become a law. Effective immediately, the  office  of
 children  and  family services is authorized to adopt regulations neces-
 sary for the implementation of this act on or before its effective date.