Enacts the "Westchester county dual track demonstration program"; provides for establishing a demonstration program implementing a dual track child protective program in Westchester county; provides that such program shall be supervised by the office of children and family services; provides for the appointment of an advisory council and for various evaluations of the program; requires reports thereon.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7508
SPONSOR: Pretlow TITLE OF BILL:
An act to amend the social services law, in relation to establishing a
demonstration program implementing the Westchester county dual track
child protective services system; and providing for the repeal of such
provisions upon expiration thereof
PURPOSE:
To establish a demonstration program to assess the feasibility of estab-
lishing a dual track childsprotective services program in Westchester
County with the two tracks 'being an assessment track and an investi-
gative track.
SUMMARY OF PROVISIONS:
Section one of this bill sets out a statement of legislative intent in
support of the need to authorize a demonstration program to assess the
feasibility of enhancing child protective services through the use of a
dual track approach.
Section two establishes the "Westchester County dual track demonstration
project" as the name Of this act.
Section three of this bill adds new section 423-a to the social services
law to authorize and direct the Office of Children and Family Services
(OCFS) ,to establish such a demonstration program in Westchester County.
Key provisions are as follows:
1. Westchester County Social services district shall be enabled to
assign complaints of alleged child abuse by the statewide central regis-
ter of child abuse to one of two tracks: an investigative track; or a
family assessment and services track designed to increase the likelihood
of increasing the delivery of comprehensive family support services to
children and families. The demonstration program shall be conducted for
the period commencing July first, two thousand five and shall end June
thirtieth, two thousand nine. The district shall establish a local advi-
sory counsel consisting of nine members that shall be appointed prior to
the commencement of the demonstration program. The advisory council
shall exist until June thirtieth, two thousand nine.
2. The commissioner of OCFS shall develop an application format to be
submitted by the County of Westchester. The commissioner of OCFS shall
also permit the district broad discretion in planning and implementing
its dual track demonstration program. The application format shall
contain a detailed description of, but not limited to: the dual track
system; procedures to be utilized; the types of protective, preventive,
and rehabilitative services and intervention; the training that will be
provided to district and any non-district staff; the community
resources; and any additional funding needed.
3. 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 the office of children and family services.
Reports which include allegations that would prevent them from being
included in the assessment track are listed in the bill.
4. Procedures that shall be followed for all cases included in the fami-
ly assessment and services track are outlined in the bill.
5. Expenditures made by the district with regard to the dual track
demonstration program shall be reimbursed in the same manner as expendi-
tures for child protective services investigations. The district-may
also seek private funds for the support of the demonstration project.
6. Provisions of section four hundred nine-e and four hundred nine-f of
this article shall not be applicable to the district with regard to the
demonstration program. Records that shall be included as part of the
family assessment and services track shall include those listed in the
bill. Section four provides the severability clause.
Section five provides that this act shall take effect immediately and
shall expire and be deemed repealed July 2, 2011.
JUSTIFICATION:
The dual track approach represents an attempt to reduce the incidence of
child abuse and maltreatment by providing assistance to families in a
non-adversarial context, thereby allowing local social service districts
to focus resources on those children whose health and safety is most at
risk. This proposal is based on research on CPS reform from other states
substantiating that an adversarial investigation is counterproductive to
parents; may waste CPS resources; may reduce the services received by
such families; and may lead to further neglect or abuse rather than
preventing it. Research indicates that such a reformed CPS system would
deliver enhanced child abuse and neglect prevention; timely, effective
responses to instances of abuse and neglect that ensure children's safe-
ty; and helpful timely family interventions that reduce occurrences of
child maltreatment.
New York takes great pride in its reputation as a bellwether state noted
for the enactment of bold and creative legislation which addresses
complex issues that an evolving society is called upon to resolve.
Realizing that this state's current system of child safety and family
support is failing, a new and innovative approach is urgently needed.
The dramatic increase in the number of mandatory and permitted reports
of child abuse and maltreatment made to the statewide central register,
and the manner in which such reports are investigated when founded or
indicated has strained the resources available to the state and local
social services districts. Such resources have increasingly been
directed to conduct investigations and corresponding assessments of
family need and to provide rehabilitative and family centered services
to children and their parents. Fully sixty-six percent of reports made
and investigated, were closed as unfounded, and forty percent of the
indicated cases were closed on the same day they were founded, according
to a recent statistical analysis.
Approximately eighty percent of all reported families who were investi-
gated received little, if any, family rehabilitative services. It is
time for this state, on a trial basis, to conduct assessments, in lieu
of full fledged investigations, when reports warrant a less serious
review. Resources which otherwise would be expended in the investigatory
process could then be redirected to the division of family rehabilita-
tive and other services in order to stabilize family situations and
assist families in need. The success that states such as Missouri have
experienced using a similar dual track approach is significant and
suggests that such a system should be replicated in New York. By imple-
menting the demonstration program, this state can stimulate a restruc-
turing of child protective services to more accurately address needs and
requirements.
LEGISLATIVE HISTORY:
A4541 01/03/24 referred to children and families
A4541 02/16/23 referred to children and families
2021-2022 A1599 referred to children and families
2019-2020 A4228 referred to children and families
2017/2018 A1796 referred to children and families
2013/2014 A4344 referred to social services
2011/2012 A2687 referred to social services
2009/2010 A4021 referred to social services
2004: Veto 297
01/07/15 referred to children and families
01/06/16 referred to children and families
FISCAL IMPLICATIONS:
Undetermined.
EFFECTIVE DATE:
Immediately, and shall expire and be deemed repealed July 2, 2026.
STATE OF NEW YORK
________________________________________________________________________
7508
2025-2026 Regular Sessions
IN ASSEMBLY
March 28, 2025
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Children and Families
AN ACT to amend the social services law, in relation to establishing a
demonstration program implementing the Westchester county dual track
child protective services system; and providing for the repeal of such
provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative intent. The legislature hereby finds and
2 declares that the challenge facing this state's child protective
3 services program demands that a bold new approach be tested to determine
4 how this state can fulfill its obligations to protect and defend chil-
5 dren, provide for their health, safety and welfare, and also make neces-
6 sary services and assistance available to families in a less confronta-
7 tional and intrusive manner, when circumstances so warrant. By
8 establishing a system in Westchester county, where complaints of alleged
9 child abuse and maltreatment are assigned to either an investigatory or
10 a family assessment and services track, it is the intent of the legisla-
11 ture to study and review alternative methods of fulfilling those obli-
12 gations and, at the same time, initiate the delivery of comprehensive
13 family rehabilitative services to children and families.
14 § 2. Short title. This act shall be known and may be cited as the
15 "Westchester county dual track demonstration program".
16 § 3. The social services law is amended by adding a new section 423-b
17 to read as follows:
18 § 423-b. Westchester county demonstration program to assess the feasi-
19 bility of enhancing alternative child protective services through the
20 use of a dual track approach. 1. (a) The office of children and family
21 services is hereby authorized and directed to establish a demonstration
22 program in Westchester county to address the feasibility of enhancing
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10706-01-5
A. 7508 2
1 alternative child protective services through the use of a dual track
2 approach.
3 (b) Participation in the demonstration program by the Westchester
4 county social services district (hereinafter in this section referred to
5 as the "district") shall enable the district to assign complaints of
6 alleged child abuse and maltreatment received by the statewide central
7 register of child abuse and maltreatment, to one of two tracks:
8 (1) the investigative track, which operates in compliance with the
9 other sections of this title; or
10 (2) the family assessment and services track, designed to increase
11 family participation in voluntary services to improve family functioning
12 and prevent repeat reports. Cases assigned to this track shall not be
13 subject to the requirements otherwise applicable to cases reported to
14 the statewide register of child abuse and maltreatment pursuant to this
15 title, except as set forth in this section.
16 (c) The demonstration program authorized by this section shall be
17 conducted for the period commencing January first, two thousand twenty-
18 six and ending December thirty-first, two thousand twenty-nine. The
19 advisory council established by this section shall exist until June
20 thirtieth, two thousand thirty.
21 (d) The district shall establish a local advisory council to assist it
22 in implementing the dual track demonstration program and providing broad
23 based input.
24 (1) The advisory council shall consist of nine members: six members to
25 be appointed by the county of Westchester; one member to be appointed by
26 the commissioner of the office of children and family services; one
27 member to be appointed by the temporary president of the senate; and one
28 member to be appointed by the speaker of the assembly. Members shall be
29 appointed based upon their professional expertise, knowledge and experi-
30 ence in the area of child protective services. The advisory council
31 shall be broadly representative of programs and services offered in
32 connection with the provision of child protective services, advocacy
33 groups and community members.
34 (2) Members of the council shall be appointed prior to the commence-
35 ment of the demonstration program. The council shall advise and assist
36 the county of Westchester in developing plans, policies and procedures
37 relating to the conduct of the dual track child protective services
38 demonstration program authorized in this section. The council shall
39 undertake its duties as soon as practicable after appointment of the
40 members so as to ensure its early intervention in assessing and advising
41 with respect to the demonstration program. The council may consider any
42 matter relating to improving the demonstration program and shall advise
43 the county of Westchester and the office of children and family services
44 on such matters.
45 2. (a) The commissioner of the office of children and family services
46 shall develop an application format to be submitted by the county of
47 Westchester. The commissioner of the office of children and family
48 services shall permit the district broad discretion in planning and
49 implementing its dual track demonstration program.
50 (b) In addition to such other information as the commissioner of the
51 office of children and family services shall require to be included
52 within the application format, the application format shall contain the
53 following information:
54 (1) in conjunction with the office of children and family services
55 requirements and the provisions of this section, the factors to be
56 considered by the social services district in determining which cases
A. 7508 3
1 will be addressed through the family assessment and services track, the
2 size of the population and the geographic area to be the subject of the
3 demonstration program;
4 (2) the types of services and interventions to be provided to families
5 included in the family assessment and services track and a description
6 of how the services will be offered;
7 (3) a description of the process to be followed for planning and moni-
8 toring the services provided under the family assessment and services
9 track;
10 (4) a description of how the principles of family involvement and
11 support consistent with maintaining the safety of the child will be
12 implemented in the family assessment and services track;
13 (5) a description of how the dual track response system will enhance
14 the ability of the district to protect children, maintain the safety of
15 children and preserve families;
16 (6) a description of how the district will reduce the involvement of
17 government agencies with families and maintain the safety of children
18 through the use of community resources;
19 (7) a description of the staff resources proposed to be used in the
20 family assessment and services track, including the proposed staff work-
21 loads and qualifications;
22 (8) a description of the training that will be provided to district
23 and any non-district staff to be used in the demonstration program
24 including, but not limited to, a description of the training involving
25 maintaining the safety and well-being of children;
26 (9) a description of the community resources that are proposed to be
27 used in the family assessment and services track; and
28 (10) a description of any additional funding that may be utilized to
29 enhance the demonstration program.
30 3. The criteria for determining which cases may be placed in the
31 assessment track under the demonstration program shall be determined by
32 the local department of social services, in conjunction with the office
33 of children and family services. Provided, however, that reports includ-
34 ing any of the following allegations shall never be included in the
35 assessment track of a demonstration program:
36 (a) reports alleging that the subject committed or allowed to be
37 committed an offense defined in article one hundred thirty of the penal
38 law;
39 (b) reports alleging that the subject allowed, permitted or encouraged
40 a child to engage in any act described in sections 230.25, 230.30 and
41 230.32 of the penal law;
42 (c) reports alleging that the subject committed any of the acts
43 described in section 255.25 of the penal law;
44 (d) reports alleging that the subject allowed a child to engage in
45 acts or conduct described in article two hundred sixty-three of the
46 penal law;
47 (e) reports alleging that the subject committed assault in the first,
48 second or third degree against a child;
49 (f) reports alleging that the subject committed or attempted to commit
50 murder or manslaughter in the first or second degree;
51 (g) reports alleging that the subject abandoned a child pursuant to
52 subdivision five of section three hundred eighty-four-b of this article;
53 (h) reports alleging that the subject has subjected a child to severe
54 or repeated abuse as those terms are defined in paragraphs (a) and (b)
55 of subdivision eight of section three hundred eighty-four-b of this
56 article; and
A. 7508 4
1 (i) reports alleging that the subject has neglected a child so as to
2 substantially endanger the child's physical or mental health, including
3 a growth delay, which may be referred to as failure to thrive, that has
4 been diagnosed by a physician and is due to parental neglect.
5 4. The following procedures shall be followed for all cases included
6 in the family assessment and services track:
7 (a) Reports taken at the statewide central register of child abuse and
8 maltreatment shall be transmitted to the district.
9 (b) The district shall, consistent with the criteria developed pursu-
10 ant to subdivision three of this section, identify those reports which
11 are initially eligible to be included in the family assessment and
12 services track.
13 (c) For those reports which are included in the family assessment and
14 services track, the social services district shall not be subject to the
15 requirements of this title concerning initial investigation of reports
16 of suspected abuse and maltreatment of children, including notification
17 requirements. For reports assigned to the family assessment and
18 services track, the social services district shall be responsible for
19 ensuring that the children are safe in their homes. Such safety check
20 shall be commenced within twenty-four hours of receipt of the report and
21 completed within seven days. Based on the initial safety check, the
22 district shall determine if the report shall continue under the demon-
23 stration program. This safety check must be documented in the manner
24 specified by the office of children and family services. Should the
25 children be found to be safe in the home, the social services district
26 shall then identify service needs and family issues, if any, that should
27 be addressed.
28 (1) Where the social services district determines, based on the
29 initial safety check, that the report is appropriate to be included in
30 the family assessment and services track, the social services district
31 shall document the reason for that determination in the initial safety
32 check and inform the statewide central register of child abuse and
33 maltreatment that the report is part of the family assessment and
34 services track and request that the records of the statewide central
35 register of child abuse and maltreatment of such report be classified as
36 an assessment track case and be legally sealed in accordance with the
37 provisions of subdivision five of section four hundred twenty-two of
38 this title. Such sealed reports shall be maintained at the statewide
39 central register of child abuse and maltreatment for ten years after the
40 report was made.
41 (2) Where the social services district determines, based on the
42 initial safety check, to investigate the report as a report of suspected
43 child abuse or maltreatment, the social services district shall document
44 the reason for that decision in the initial safety check. Where the
45 social services district makes the determination to investigate the
46 report, all of the requirements of this title concerning investigations
47 of reports of suspected child abuse and maltreatment shall apply,
48 including the notification requirements. The report shall no longer be
49 eligible to be included in the family assessment and services track.
50 (d) Where the social services district has determined that a case is
51 appropriate to be included in the family assessment and services track,
52 the district's activities shall include, at a minimum, the following:
53 (1) the provision of written notice to each parent, guardian or other
54 person legally responsible for the child or children participating in
55 the family assessment and services track explaining that it is the
56 intent of the social services district to meet the needs of the family
A. 7508 5
1 without engaging in a traditional child protective services investi-
2 gation. The notice shall also explain that the workers assisting the
3 family in the family assessment and services track are mandated repor-
4 ters who are required to report suspected child abuse or maltreatment
5 and that those workers may be required to report new information that
6 they receive in their work with the family if that information gives
7 them reasonable cause to suspect that a child in the family is an abused
8 or maltreated child;
9 (2) an examination, with the family, of the family's strengths,
10 concerns and needs;
11 (3) where appropriate, an offer of assistance which shall include case
12 management that is supportive of family stabilization;
13 (4) the planning and provision of services responsive to the service
14 needs of the family; and
15 (5) an on-going joint evaluation and assessment of the family's
16 progress.
17 (e) After the social services district has received a report of
18 suspected maltreatment and determined that the report is initially
19 eligible to be included in the family assessment and services track,
20 pursuant to paragraph (b) of this subdivision, the activities described
21 in paragraphs (c) and (d) of this subdivision may be performed by the
22 social services district directly or through any other method currently
23 utilized by social services districts to obtain preventive services for
24 children and families. If a community-based agency determines, pursuant
25 to subparagraph two of paragraph (c) of this subdivision, that a report
26 must be investigated as a case of suspected child abuse or maltreatment,
27 the community-based agency shall so inform the social services district,
28 which shall then become responsible for conducting the child protective
29 services investigation in accordance with the requirements of this
30 title.
31 (f) A report selected for inclusion in the family assessment and
32 services track shall cease to be eligible for inclusion in such track if
33 at any time in the course of providing services the district or communi-
34 ty-based agency finds that:
35 (1) there is evidence of any of the acts listed in paragraphs (a)
36 through (i) of subdivision three of this section; or
37 (2) the parent or parents refuse to cooperate with the district or
38 community-based agency in developing or implementing a plan to address
39 the family problems or issues and a worker assisting the family in the
40 family assessment and services track has reasonable cause to suspect
41 that a child in the family is an abused or maltreated child.
42 (g) Where the district finds or is advised by a community-based agen-
43 cy, subsequent to the completion of the initial safety check, that the
44 report is not appropriate to continue in the family assessment and
45 services track pursuant to paragraph (f) of this subdivision, the
46 district shall contact the statewide central register of child abuse and
47 maltreatment and make a new report of suspected child abuse or maltreat-
48 ment.
49 (h) In any case where a report has been assigned to the investigatory
50 track, but after such initial assignment the district or a service
51 provider determines that because of any information it receives during
52 the investigation, or during the provision of care and services, that
53 such report should be removed and placed in the family assessment and
54 services track, the district shall so notify the statewide central
55 register of child abuse and maltreatment that it is now considering such
56 report as part of the family assessment and services track, and is
A. 7508 6
1 making a report to such register as if such report were initially to be
2 included in the family assessment and services track.
3 (i) Where a report has been included in the family assessment and
4 services track and a subsequent report involving the family is made to
5 the statewide central register of child abuse and maltreatment, and such
6 subsequent report is not eligible for inclusion in the family assessment
7 and services track, the local child protective services, in conducting
8 its investigation, shall work cooperatively with any district or commu-
9 nity-based agency staff that are already working with the family to
10 minimize to the extent practicable the chance that existing services
11 being provided to the family will be disrupted and to maximize to the
12 extent practicable the coordination of the existing services being
13 provided to the family with any new services to be provided to the fami-
14 ly.
15 (j) The district shall include in the training of employees charged
16 with making any of the referrals to, and investigations or assessments
17 in either of the two tracks techniques to identify instances where,
18 although reports were initially assigned to the family assessment and
19 services track subsequent information derived from such assessment rais-
20 es the possibility that unlawful or other inappropriate activities or
21 behavior may be present and would warrant referral to the investigatory
22 track and instances where, although reports were initially assigned to
23 the investigatory track, subsequent information derived from such inves-
24 tigation warrants a less intrusive and more service oriented approach.
25 (k) Any record or report or other documentation made in connection
26 with the conduct or operation of the family assessment and services
27 track by the district shall be deemed confidential and shall not be
28 disclosed, except to the office of children and family services, the
29 district, any provider of services acting by or on behalf of the
30 district and any social services district investigating a subsequent
31 report of abuse or maltreatment involving the same subject or the same
32 child or children named in the report initiating the family assessment
33 and services track case. Nothing contained in this paragraph shall
34 prohibit the office of children and family services or the local
35 district from publishing a statistical analysis or other report or
36 documentation, with identifying information removed, summarizing the
37 effectiveness of the dual track system created in this section.
38 (l) No person or provider of services shall suffer any liability where
39 such person or provider reasonably concludes, based on the results of
40 investigation or information gathered in providing services, that such a
41 referral from one track to another may be required by law.
42 5. Any expenditure made by the district in complying with and carrying
43 out the provisions of this section shall be subject to reimbursement by
44 the state in the same manner as expenditures for child protective
45 services investigations and may be supported by such other funding
46 sources as are appropriate including, but not limited to, preventive
47 services provided pursuant to section four hundred nine-a of this arti-
48 cle and independent living services. Nothing shall preclude the district
49 from seeking private funds for the support of the demonstration program.
50 6. (a) In conducting the demonstration program, the provisions of
51 sections four hundred nine-e and four hundred nine-f of this article
52 shall not be applicable to the district.
53 (b) All records created as part of the family assessment and services
54 track shall include, but not be limited to, documentation of the initial
55 safety check, the examination of the family's strengths, concerns and
56 needs, all services offered and accepted by the family, the plan for
A. 7508 7
1 supportive services for the family, and all evaluations and assessments
2 of the family's progress.
3 (c) Records created under the family assessment and services track
4 shall be maintained for ten years after the date of the initial report
5 to the statewide register of child abuse and maltreatment.
6 § 4. Severability clause. If any clause, sentence, paragraph, subdivi-
7 sion, section or part of this act shall be adjudged by any court of
8 competent jurisdiction to be invalid, such judgment shall not affect,
9 impair or invalidate the remainder thereof, but shall be confined in its
10 operation to the clause, sentence, paragraph, subdivision, section or
11 part thereof directly involved in the controversy in which such judgment
12 shall have been rendered. It is hereby declared to be the intent of the
13 legislature that this act would have been enacted even if such invalid
14 provisions had not been included herein.
15 § 5. This act shall take effect immediately and shall expire and be
16 deemed repealed July 2, 2030.
