Relates to additional state payment assistance; provides that where there is no agreement in effect for federal administration of additional state payments the commissioner of the office of temporary and disability assistance is responsible for providing assistance to applicants for or recipients of such payments as it relates to applying for, modifying or maintaining such benefits.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A619
SPONSOR: Hevesi TITLE OF BILL:
An act to amend the social services law, in relation to differential
response programs for child protection assessments or investigations
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill amends subdivision 1 of section 427-a of the
social services law to require the implementation of differential
response programs regarding reports of child abuse and maltreatment.
Section 2 of the bill amends subdivision 2 of section 427-a of the
social services law to set forth certain requirements regarding such
differential response programs, including requirements to remove implic-
it biases.
Section 3 of the bill amends subdivision 3 of section 427-a of the
social services law to add language regarding the removal of implicit
biases.
Section 4 of the bill amends subdivision 7 of section 427-a of the
social services law to reflect the requirements for differential
response programs.
Section 5 of the bill sets forth the effective date.
JUSTIFICATION:
This bill would require each local services district (LSSD) to establish
a program that implements differential responses to reports of child
maltreatment. Differential response programs are designed to allow the
LSSD to work collaboratively with a family to address allegations in
cases where there are no showings of immediate or impending danger to
the safety of the child or family. Programs such as these further allow
child protection services to focus on the more serious cases in which
abuse and neglect have been confirmed, while also recognizing that vari-
ations in families' needs and strengths require different approaches.
Current law allows LSSDs, at their discretion, to submit a plan to the
Office of Children and Family Services (OCFS) for authorization of a
differential response program. This bill would remove the discretion and
require each LSSD to implement such a plan that includes protocols for
removing implicit bias from the decision-making process.
PRIOR LEGISLATIVE HISTORY:
2023-2024: A. 2445 - Referred to Children and Families
S. 4078/Brisport - Referred to Finance
2021-2022: A.7067 - Referred to Children and Families
S.5674/Brisport - Referred to Children and Families
FISCAL IMPLICATIONS:
To be determined
EFFECTIVE DATE:
This act shall take on the hundred eightieth day after it shall become
law.
STATE OF NEW YORK
________________________________________________________________________
619
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
Introduced by M. of A. HEVESI -- read once and referred 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:
1 Section 1. Subdivision 1 of section 427-a of the social services law,
2 as amended by chapter 45 of the laws of 2011, is amended to read as
3 follows:
4 1. [Any] Each social services district [may] shall, upon the authori-
5 zation of the office of children and family services, establish a
6 program that implements differential responses to reports of child abuse
7 and maltreatment. Such programs shall create a family assessment and
8 services track as an alternative means of addressing certain matters
9 otherwise investigated as allegations of child abuse or maltreatment
10 pursuant to this title. Notwithstanding any other provision of law to
11 the contrary, the provisions of this section shall apply only to those
12 cases involving allegations of [abuse or] maltreatment in family
13 settings expressly included in the family assessment and services track
14 of the authorized differential response program[, and only in those
15 social services districts authorized by the office of children and fami-
16 ly services to implement a differential response program]. Such cases
17 shall not be subject to the requirements otherwise applicable to cases
18 reported to the statewide central register of child abuse and maltreat-
19 ment pursuant to this title, except as set forth in this section.
20 § 2. The opening paragraph and paragraph (a) of subdivision 2 of
21 section 427-a of the social services law, as added by chapter 452 of the
22 laws of 2007, are amended to read as follows:
23 [Any] Each social services district [interested in implementing a
24 differential response program] shall [apply] submit a plan to the office
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01353-01-5
A. 619 2
1 of children and family services on or before January first, two thousand
2 twenty-seven for [permission to participate] authorization to operate a
3 program pursuant to subdivision one of this section prior to January
4 first, two thousand twenty-eight. The criteria for [a social services
5 district to participate] authorization will be determined by the office
6 of children and family services after consultation with the office for
7 the prevention of domestic violence[,]; however the social services
8 district's [application must include a] plan [setting] shall set forth
9 the following:
10 (a) in conjunction with any additional requirements imposed by the
11 office of children and family services and the provisions of this subdi-
12 vision, the factors to be considered by the social services district in
13 determining which cases will be addressed through the family assessment
14 and services track and the size of the population to be the subject of
15 the differential response program and the protocols that will be in
16 place to remove implicit bias from the decision-making process in deter-
17 mining which cases will be subject to the differential response;
18 § 3. The opening paragraph of subdivision 3 of section 427-a of the
19 social services law, as added by chapter 452 of the laws of 2007, is
20 amended to read as follows:
21 The criteria for determining which cases may be placed in the assess-
22 ment track shall be determined by the local department of social
23 services, in conjunction with and in accordance with requirements set
24 forth by the office of children and family services and after consulta-
25 tion with the office for the prevention of domestic violence. Provided,
26 however, that such criteria shall include protocols to remove implicit
27 bias in the decision-making process. Provided further, however, that
28 reports including any of the following allegations shall not be included
29 in the assessment track of a differential response program:
30 § 4. Subdivision 7 of section 427-a of the social services law, as
31 added by chapter 452 of the laws of 2007, is amended to read as follows:
32 7. The office of children and family services shall post [the] each
33 plan [contained in any application approved] for implementation of a
34 differential response program on the office of children and family
35 services website within sixty days of such approval.
36 § 5. This act shall take effect on the one hundred eightieth day after
37 it shall have become a law. Effective immediately, the addition, amend-
38 ment and/or repeal of any rule or regulation necessary for the implemen-
39 tation of this act on its effective date are authorized to be made and
40 completed on or before such effective date.
