S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   348

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

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:

  Section  1.  Legislative  intent.  The  legislature  hereby  finds and
declares  that  the  challenge  facing  this  state's  child  protective
services program demands that a bold new approach be tested to determine
how  this  state can fulfill its obligations to protect and defend chil-
dren, provide for their health, safety and welfare, and also make neces-
sary services and assistance available to families in a less  confronta-
tional   and   intrusive  manner,  when  circumstances  so  warrant.  By
establishing a system in Westchester county, where complaints of alleged
child abuse and maltreatment are assigned to either an investigatory  or
a family assessment and services track, it is the intent of the legisla-
ture  to  study and review alternative methods of fulfilling those obli-
gations and, at the same time, initiate the  delivery  of  comprehensive
family rehabilitative services to children and families.
  S  2.  Short  title.  This  act shall be known and may be cited as the
"Westchester county dual track demonstration program".
  S 3. The social services law is amended by adding a new section  423-b
to read as follows:
  S 423-B. WESTCHESTER COUNTY DEMONSTRATION PROGRAM TO ASSESS THE FEASI-
BILITY  OF  ENHANCING  ALTERNATIVE CHILD PROTECTIVE SERVICES THROUGH THE
USE OF A DUAL TRACK APPROACH. 1. (A) THE OFFICE OF CHILDREN  AND  FAMILY
SERVICES  IS HEREBY AUTHORIZED AND DIRECTED TO ESTABLISH A DEMONSTRATION
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.
              

                                                           LBD05373-01-5

A. 348                              2

ALTERNATIVE  CHILD  PROTECTIVE  SERVICES THROUGH THE USE OF A DUAL TRACK
APPROACH.
  (B)  PARTICIPATION  IN  THE  DEMONSTRATION  PROGRAM BY THE WESTCHESTER
COUNTY SOCIAL SERVICES DISTRICT (HEREINAFTER IN THIS SECTION REFERRED TO
AS THE "DISTRICT") SHALL ENABLE THE DISTRICT  TO  ASSIGN  COMPLAINTS  OF
ALLEGED  CHILD  ABUSE AND MALTREATMENT RECEIVED BY THE STATEWIDE CENTRAL
REGISTER OF CHILD ABUSE AND MALTREATMENT, TO ONE OF TWO TRACKS:
  (1) THE INVESTIGATIVE TRACK, WHICH OPERATES  IN  COMPLIANCE  WITH  THE
OTHER SECTIONS OF THIS TITLE; OR
  (2)  THE  FAMILY  ASSESSMENT  AND SERVICES TRACK, DESIGNED TO INCREASE
FAMILY PARTICIPATION IN VOLUNTARY SERVICES TO IMPROVE FAMILY FUNCTIONING
AND PREVENT REPEAT REPORTS.  CASES ASSIGNED TO THIS TRACK SHALL  NOT  BE
SUBJECT  TO  THE  REQUIREMENTS OTHERWISE APPLICABLE TO CASES REPORTED TO
THE STATEWIDE REGISTER OF CHILD ABUSE AND MALTREATMENT PURSUANT TO  THIS
TITLE, EXCEPT AS SET FORTH IN THIS SECTION.
  (C)  THE  DEMONSTRATION  PROGRAM  AUTHORIZED  BY THIS SECTION SHALL BE
CONDUCTED FOR THE PERIOD COMMENCING JANUARY FIRST, TWO THOUSAND  SIXTEEN
AND  ENDING  DECEMBER THIRTY-FIRST, TWO THOUSAND NINETEEN.  THE ADVISORY
COUNCIL ESTABLISHED BY THIS SECTION SHALL EXIST  UNTIL  JUNE  THIRTIETH,
TWO THOUSAND TWENTY.
  (D) THE DISTRICT SHALL ESTABLISH A LOCAL ADVISORY COUNCIL TO ASSIST IT
IN IMPLEMENTING THE DUAL TRACK DEMONSTRATION PROGRAM AND PROVIDING BROAD
BASED INPUT.
  (1) THE ADVISORY COUNCIL SHALL CONSIST OF NINE MEMBERS: SIX MEMBERS TO
BE APPOINTED BY THE COUNTY OF WESTCHESTER; ONE MEMBER TO BE APPOINTED BY
THE  COMMISSIONER  OF  THE  OFFICE  OF CHILDREN AND FAMILY SERVICES; ONE
MEMBER TO BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE; AND ONE
MEMBER TO BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY. MEMBERS SHALL  BE
APPOINTED BASED UPON THEIR PROFESSIONAL EXPERTISE, KNOWLEDGE AND EXPERI-
ENCE  IN  THE  AREA  OF  CHILD PROTECTIVE SERVICES. THE ADVISORY COUNCIL
SHALL BE BROADLY REPRESENTATIVE OF  PROGRAMS  AND  SERVICES  OFFERED  IN
CONNECTION  WITH  THE  PROVISION  OF CHILD PROTECTIVE SERVICES, ADVOCACY
GROUPS AND COMMUNITY MEMBERS.
  (2) MEMBERS OF THE COUNCIL SHALL BE APPOINTED PRIOR TO  THE  COMMENCE-
MENT  OF  THE DEMONSTRATION PROGRAM. THE COUNCIL SHALL ADVISE AND ASSIST
THE COUNTY OF WESTCHESTER IN DEVELOPING PLANS, POLICIES  AND  PROCEDURES
RELATING  TO  THE  CONDUCT  OF  THE DUAL TRACK CHILD PROTECTIVE SERVICES
DEMONSTRATION PROGRAM AUTHORIZED IN  THIS  SECTION.  THE  COUNCIL  SHALL
UNDERTAKE  ITS  DUTIES  AS  SOON AS PRACTICABLE AFTER APPOINTMENT OF THE
MEMBERS SO AS TO ENSURE ITS EARLY INTERVENTION IN ASSESSING AND ADVISING
WITH RESPECT TO THE DEMONSTRATION PROGRAM. THE COUNCIL MAY CONSIDER  ANY
MATTER  RELATING TO IMPROVING THE DEMONSTRATION PROGRAM AND SHALL ADVISE
THE COUNTY OF WESTCHESTER AND THE OFFICE OF CHILDREN AND FAMILY SERVICES
ON SUCH MATTERS.
  2. (A) THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY  SERVICES
SHALL  DEVELOP  AN  APPLICATION  FORMAT TO BE SUBMITTED BY THE COUNTY OF
WESTCHESTER. THE COMMISSIONER OF  THE  OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES  SHALL  PERMIT  THE  DISTRICT  BROAD DISCRETION IN PLANNING AND
IMPLEMENTING ITS DUAL TRACK DEMONSTRATION PROGRAM.
  (B) IN ADDITION TO SUCH OTHER INFORMATION AS THE COMMISSIONER  OF  THE
OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES SHALL REQUIRE TO BE INCLUDED
WITHIN THE APPLICATION FORMAT, THE APPLICATION FORMAT SHALL CONTAIN  THE
FOLLOWING INFORMATION:
  (1)  IN  CONJUNCTION  WITH  THE OFFICE OF CHILDREN AND FAMILY SERVICES
REQUIREMENTS AND THE PROVISIONS OF  THIS  SECTION,  THE  FACTORS  TO  BE
CONSIDERED  BY  THE  SOCIAL SERVICES DISTRICT IN DETERMINING WHICH CASES

A. 348                              3

WILL BE ADDRESSED THROUGH THE FAMILY ASSESSMENT AND SERVICES TRACK,  THE
SIZE  OF THE POPULATION AND THE GEOGRAPHIC AREA TO BE THE SUBJECT OF THE
DEMONSTRATION PROGRAM;
  (2) THE TYPES OF SERVICES AND INTERVENTIONS TO BE PROVIDED TO FAMILIES
INCLUDED  IN  THE FAMILY ASSESSMENT AND SERVICES TRACK AND A DESCRIPTION
OF HOW THE SERVICES WILL BE OFFERED;
  (3) A DESCRIPTION OF THE PROCESS TO BE FOLLOWED FOR PLANNING AND MONI-
TORING THE SERVICES PROVIDED UNDER THE FAMILY  ASSESSMENT  AND  SERVICES
TRACK;
  (4)  A  DESCRIPTION  OF  HOW  THE PRINCIPLES OF FAMILY INVOLVEMENT AND
SUPPORT CONSISTENT WITH MAINTAINING THE SAFETY  OF  THE  CHILD  WILL  BE
IMPLEMENTED IN THE FAMILY ASSESSMENT AND SERVICES TRACK;
  (5)  A  DESCRIPTION OF HOW THE DUAL TRACK RESPONSE SYSTEM WILL ENHANCE
THE ABILITY OF THE DISTRICT TO PROTECT CHILDREN, MAINTAIN THE SAFETY  OF
CHILDREN AND PRESERVE FAMILIES;
  (6)  A  DESCRIPTION OF HOW THE DISTRICT WILL REDUCE THE INVOLVEMENT OF
GOVERNMENT AGENCIES WITH FAMILIES AND MAINTAIN THE  SAFETY  OF  CHILDREN
THROUGH THE USE OF COMMUNITY RESOURCES;
  (7)  A  DESCRIPTION  OF THE STAFF RESOURCES PROPOSED TO BE USED IN THE
FAMILY ASSESSMENT AND SERVICES TRACK, INCLUDING THE PROPOSED STAFF WORK-
LOADS AND QUALIFICATIONS;
  (8) A DESCRIPTION OF THE TRAINING THAT WILL BE  PROVIDED  TO  DISTRICT
AND  ANY  NON-DISTRICT  STAFF  TO  BE  USED IN THE DEMONSTRATION PROGRAM
INCLUDING, BUT NOT LIMITED TO, A DESCRIPTION OF THE  TRAINING  INVOLVING
MAINTAINING THE SAFETY AND WELL-BEING OF CHILDREN;
  (9)  A  DESCRIPTION OF THE COMMUNITY RESOURCES THAT ARE PROPOSED TO BE
USED IN THE FAMILY ASSESSMENT AND SERVICES TRACK; AND
  (10) A DESCRIPTION OF ANY ADDITIONAL FUNDING THAT MAY BE  UTILIZED  TO
ENHANCE THE DEMONSTRATION PROGRAM.
  3.  THE  CRITERIA  FOR  DETERMINING  WHICH  CASES MAY BE PLACED IN THE
ASSESSMENT TRACK UNDER THE DEMONSTRATION PROGRAM SHALL BE DETERMINED  BY
THE  LOCAL DEPARTMENT OF SOCIAL SERVICES, IN CONJUNCTION WITH THE OFFICE
OF CHILDREN AND FAMILY SERVICES. PROVIDED, HOWEVER, THAT REPORTS INCLUD-
ING ANY OF THE FOLLOWING ALLEGATIONS SHALL  NEVER  BE  INCLUDED  IN  THE
ASSESSMENT TRACK OF A DEMONSTRATION PROGRAM:
  (A)  REPORTS  ALLEGING  THAT  THE  SUBJECT  COMMITTED OR ALLOWED TO BE
COMMITTED AN OFFENSE DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE  PENAL
LAW;
  (B) REPORTS ALLEGING THAT THE SUBJECT ALLOWED, PERMITTED OR ENCOURAGED
A  CHILD  TO  ENGAGE IN ANY ACT DESCRIBED IN SECTIONS 230.25, 230.30 AND
230.32 OF THE PENAL LAW;
  (C) REPORTS ALLEGING THAT  THE  SUBJECT  COMMITTED  ANY  OF  THE  ACTS
DESCRIBED IN SECTION 255.25 OF THE PENAL LAW;
  (D)  REPORTS  ALLEGING  THAT  THE SUBJECT ALLOWED A CHILD TO ENGAGE IN
ACTS OR CONDUCT DESCRIBED IN ARTICLE  TWO  HUNDRED  SIXTY-THREE  OF  THE
PENAL LAW;
  (E)  REPORTS ALLEGING THAT THE SUBJECT COMMITTED ASSAULT IN THE FIRST,
SECOND OR THIRD DEGREE AGAINST A CHILD;
  (F) REPORTS ALLEGING THAT THE SUBJECT COMMITTED OR ATTEMPTED TO COMMIT
MURDER OR MANSLAUGHTER IN THE FIRST OR SECOND DEGREE;
  (G) REPORTS ALLEGING THAT THE SUBJECT ABANDONED A  CHILD  PURSUANT  TO
SUBDIVISION FIVE OF SECTION THREE HUNDRED EIGHTY-FOUR-B OF THIS ARTICLE;
  (H)  REPORTS ALLEGING THAT THE SUBJECT HAS SUBJECTED A CHILD TO SEVERE
OR REPEATED ABUSE AS THOSE TERMS ARE DEFINED IN PARAGRAPHS (A)  AND  (B)
OF  SUBDIVISION  EIGHT  OF  SECTION  THREE HUNDRED EIGHTY-FOUR-B OF THIS
ARTICLE; AND

A. 348                              4

  (I) REPORTS ALLEGING THAT THE SUBJECT HAS NEGLECTED A CHILD SO  AS  TO
SUBSTANTIALLY  ENDANGER THE CHILD'S PHYSICAL OR MENTAL HEALTH, INCLUDING
A GROWTH DELAY, WHICH MAY BE REFERRED TO AS FAILURE TO THRIVE, THAT  HAS
BEEN DIAGNOSED BY A PHYSICIAN AND IS DUE TO PARENTAL NEGLECT.
  4.  THE  FOLLOWING PROCEDURES SHALL BE FOLLOWED FOR ALL CASES INCLUDED
IN THE FAMILY ASSESSMENT AND SERVICES TRACK:
  (A) REPORTS TAKEN AT THE STATEWIDE CENTRAL REGISTER OF CHILD ABUSE AND
MALTREATMENT SHALL BE TRANSMITTED TO THE DISTRICT.
  (B) THE DISTRICT SHALL, CONSISTENT WITH THE CRITERIA DEVELOPED  PURSU-
ANT  TO  SUBDIVISION THREE OF THIS SECTION, IDENTIFY THOSE REPORTS WHICH
ARE INITIALLY ELIGIBLE TO BE  INCLUDED  IN  THE  FAMILY  ASSESSMENT  AND
SERVICES TRACK.
  (C)  FOR THOSE REPORTS WHICH ARE INCLUDED IN THE FAMILY ASSESSMENT AND
SERVICES TRACK, THE SOCIAL SERVICES DISTRICT SHALL NOT BE SUBJECT TO THE
REQUIREMENTS OF THIS TITLE CONCERNING INITIAL INVESTIGATION  OF  REPORTS
OF  SUSPECTED ABUSE AND MALTREATMENT OF CHILDREN, INCLUDING NOTIFICATION
REQUIREMENTS.   FOR  REPORTS  ASSIGNED  TO  THE  FAMILY  ASSESSMENT  AND
SERVICES  TRACK,  THE  SOCIAL SERVICES DISTRICT SHALL BE RESPONSIBLE FOR
ENSURING THAT THE CHILDREN ARE SAFE IN THEIR HOMES.  SUCH  SAFETY  CHECK
SHALL BE COMMENCED WITHIN TWENTY-FOUR HOURS OF RECEIPT OF THE REPORT AND
COMPLETED  WITHIN  SEVEN  DAYS.   BASED ON THE INITIAL SAFETY CHECK, THE
DISTRICT SHALL DETERMINE IF THE REPORT SHALL CONTINUE UNDER  THE  DEMON-
STRATION  PROGRAM.  THIS  SAFETY  CHECK MUST BE DOCUMENTED IN THE MANNER
SPECIFIED BY THE OFFICE OF CHILDREN AND FAMILY  SERVICES.    SHOULD  THE
CHILDREN  BE  FOUND TO BE SAFE IN THE HOME, THE SOCIAL SERVICES DISTRICT
SHALL THEN IDENTIFY SERVICE NEEDS AND FAMILY ISSUES, IF ANY, THAT SHOULD
BE ADDRESSED.
  (1) WHERE THE  SOCIAL  SERVICES  DISTRICT  DETERMINES,  BASED  ON  THE
INITIAL  SAFETY  CHECK, THAT THE REPORT IS APPROPRIATE TO BE INCLUDED IN
THE FAMILY ASSESSMENT AND SERVICES TRACK, THE SOCIAL  SERVICES  DISTRICT
SHALL  DOCUMENT  THE REASON FOR THAT DETERMINATION IN THE INITIAL SAFETY
CHECK AND INFORM THE STATEWIDE  CENTRAL  REGISTER  OF  CHILD  ABUSE  AND
MALTREATMENT  THAT  THE  REPORT  IS  PART  OF  THE FAMILY ASSESSMENT AND
SERVICES TRACK AND REQUEST THAT THE RECORDS  OF  THE  STATEWIDE  CENTRAL
REGISTER OF CHILD ABUSE AND MALTREATMENT OF SUCH REPORT BE CLASSIFIED AS
AN  ASSESSMENT  TRACK  CASE AND BE LEGALLY SEALED IN ACCORDANCE WITH THE
PROVISIONS OF SUBDIVISION FIVE OF SECTION  FOUR  HUNDRED  TWENTY-TWO  OF
THIS  TITLE.    SUCH SEALED REPORTS SHALL BE MAINTAINED AT THE STATEWIDE
CENTRAL REGISTER OF CHILD ABUSE AND MALTREATMENT FOR TEN YEARS AFTER THE
REPORT WAS MADE.
  (2) WHERE THE  SOCIAL  SERVICES  DISTRICT  DETERMINES,  BASED  ON  THE
INITIAL SAFETY CHECK, TO INVESTIGATE THE REPORT AS A REPORT OF SUSPECTED
CHILD ABUSE OR MALTREATMENT, THE SOCIAL SERVICES DISTRICT SHALL DOCUMENT
THE  REASON  FOR  THAT  DECISION  IN THE INITIAL SAFETY CHECK. WHERE THE
SOCIAL SERVICES DISTRICT MAKES  THE  DETERMINATION  TO  INVESTIGATE  THE
REPORT,  ALL OF THE REQUIREMENTS OF THIS TITLE CONCERNING INVESTIGATIONS
OF REPORTS OF  SUSPECTED  CHILD  ABUSE  AND  MALTREATMENT  SHALL  APPLY,
INCLUDING  THE  NOTIFICATION REQUIREMENTS. THE REPORT SHALL NO LONGER BE
ELIGIBLE TO BE INCLUDED IN THE FAMILY ASSESSMENT AND SERVICES TRACK.
  (D) WHERE THE SOCIAL SERVICES DISTRICT HAS DETERMINED THAT A  CASE  IS
APPROPRIATE  TO BE INCLUDED IN THE FAMILY ASSESSMENT AND SERVICES TRACK,
THE DISTRICT'S ACTIVITIES SHALL INCLUDE, AT A MINIMUM, THE FOLLOWING:
  (1) THE PROVISION OF WRITTEN NOTICE TO EACH PARENT, GUARDIAN OR  OTHER
PERSON  LEGALLY  RESPONSIBLE  FOR THE CHILD OR CHILDREN PARTICIPATING IN
THE FAMILY ASSESSMENT AND SERVICES  TRACK  EXPLAINING  THAT  IT  IS  THE
INTENT  OF  THE SOCIAL SERVICES DISTRICT TO MEET THE NEEDS OF THE FAMILY

A. 348                              5

WITHOUT ENGAGING IN A TRADITIONAL  CHILD  PROTECTIVE  SERVICES  INVESTI-
GATION.  THE  NOTICE  SHALL  ALSO EXPLAIN THAT THE WORKERS ASSISTING THE
FAMILY IN THE FAMILY ASSESSMENT AND SERVICES TRACK ARE  MANDATED  REPOR-
TERS  WHO  ARE  REQUIRED TO REPORT SUSPECTED CHILD ABUSE OR MALTREATMENT
AND THAT THOSE WORKERS MAY BE REQUIRED TO REPORT  NEW  INFORMATION  THAT
THEY  RECEIVE  IN  THEIR  WORK WITH THE FAMILY IF THAT INFORMATION GIVES
THEM REASONABLE CAUSE TO SUSPECT THAT A CHILD IN THE FAMILY IS AN ABUSED
OR MALTREATED CHILD;
  (2) AN EXAMINATION,  WITH  THE  FAMILY,  OF  THE  FAMILY'S  STRENGTHS,
CONCERNS AND NEEDS;
  (3) WHERE APPROPRIATE, AN OFFER OF ASSISTANCE WHICH SHALL INCLUDE CASE
MANAGEMENT THAT IS SUPPORTIVE OF FAMILY STABILIZATION;
  (4)  THE  PLANNING AND PROVISION OF SERVICES RESPONSIVE TO THE SERVICE
NEEDS OF THE FAMILY; AND
  (5) AN ON-GOING  JOINT  EVALUATION  AND  ASSESSMENT  OF  THE  FAMILY'S
PROGRESS.
  (E)  AFTER  THE  SOCIAL  SERVICES  DISTRICT  HAS  RECEIVED A REPORT OF
SUSPECTED MALTREATMENT AND  DETERMINED  THAT  THE  REPORT  IS  INITIALLY
ELIGIBLE  TO  BE  INCLUDED  IN THE FAMILY ASSESSMENT AND SERVICES TRACK,
PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION, THE ACTIVITIES  DESCRIBED
IN  PARAGRAPHS  (C)  AND (D) OF THIS SUBDIVISION MAY BE PERFORMED BY THE
SOCIAL SERVICES DISTRICT DIRECTLY OR THROUGH ANY OTHER METHOD  CURRENTLY
UTILIZED  BY SOCIAL SERVICES DISTRICTS TO OBTAIN PREVENTIVE SERVICES FOR
CHILDREN AND FAMILIES.  IF A COMMUNITY-BASED AGENCY DETERMINES, PURSUANT
TO SUBPARAGRAPH TWO OF PARAGRAPH (C) OF THIS SUBDIVISION, THAT A  REPORT
MUST BE INVESTIGATED AS A CASE OF SUSPECTED CHILD ABUSE OR MALTREATMENT,
THE COMMUNITY-BASED AGENCY SHALL SO INFORM THE SOCIAL SERVICES DISTRICT,
WHICH  SHALL THEN BECOME RESPONSIBLE FOR CONDUCTING THE CHILD PROTECTIVE
SERVICES INVESTIGATION IN  ACCORDANCE  WITH  THE  REQUIREMENTS  OF  THIS
TITLE.
  (F)  A  REPORT  SELECTED  FOR  INCLUSION  IN THE FAMILY ASSESSMENT AND
SERVICES TRACK SHALL CEASE TO BE ELIGIBLE FOR INCLUSION IN SUCH TRACK IF
AT ANY TIME IN THE COURSE OF PROVIDING SERVICES THE DISTRICT OR COMMUNI-
TY-BASED AGENCY FINDS THAT:
  (1) THERE IS EVIDENCE OF ANY OF THE  ACTS  LISTED  IN  PARAGRAPHS  (A)
THROUGH (I) OF SUBDIVISION THREE OF THIS SECTION; OR
  (2)  THE  PARENT  OR  PARENTS REFUSE TO COOPERATE WITH THE DISTRICT OR
COMMUNITY-BASED AGENCY IN DEVELOPING OR IMPLEMENTING A PLAN  TO  ADDRESS
THE  FAMILY  PROBLEMS OR ISSUES AND A WORKER ASSISTING THE FAMILY IN THE
FAMILY ASSESSMENT AND SERVICES TRACK HAS  REASONABLE  CAUSE  TO  SUSPECT
THAT A CHILD IN THE FAMILY IS AN ABUSED OR MALTREATED CHILD.
  (G)  WHERE THE DISTRICT FINDS OR IS ADVISED BY A COMMUNITY-BASED AGEN-
CY, SUBSEQUENT TO THE COMPLETION OF THE INITIAL SAFETY CHECK,  THAT  THE
REPORT  IS  NOT  APPROPRIATE  TO  CONTINUE  IN THE FAMILY ASSESSMENT AND
SERVICES TRACK PURSUANT  TO  PARAGRAPH  (F)  OF  THIS  SUBDIVISION,  THE
DISTRICT SHALL CONTACT THE STATEWIDE CENTRAL REGISTER OF CHILD ABUSE AND
MALTREATMENT AND MAKE A NEW REPORT OF SUSPECTED CHILD ABUSE OR MALTREAT-
MENT.
  (H)  IN ANY CASE WHERE A REPORT HAS BEEN ASSIGNED TO THE INVESTIGATORY
TRACK, BUT AFTER SUCH INITIAL  ASSIGNMENT  THE  DISTRICT  OR  A  SERVICE
PROVIDER  DETERMINES  THAT BECAUSE OF ANY INFORMATION IT RECEIVES DURING
THE INVESTIGATION, OR DURING THE PROVISION OF CARE  AND  SERVICES,  THAT
SUCH  REPORT  SHOULD  BE REMOVED AND PLACED IN THE FAMILY ASSESSMENT AND
SERVICES TRACK, THE DISTRICT  SHALL  SO  NOTIFY  THE  STATEWIDE  CENTRAL
REGISTER OF CHILD ABUSE AND MALTREATMENT THAT IT IS NOW CONSIDERING SUCH
REPORT  AS  PART  OF  THE  FAMILY  ASSESSMENT AND SERVICES TRACK, AND IS

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MAKING A REPORT TO SUCH REGISTER AS IF SUCH REPORT WERE INITIALLY TO  BE
INCLUDED IN THE FAMILY ASSESSMENT AND SERVICES TRACK.
  (I)  WHERE  A  REPORT  HAS  BEEN INCLUDED IN THE FAMILY ASSESSMENT AND
SERVICES TRACK AND A SUBSEQUENT REPORT INVOLVING THE FAMILY IS  MADE  TO
THE STATEWIDE CENTRAL REGISTER OF CHILD ABUSE AND MALTREATMENT, AND SUCH
SUBSEQUENT REPORT IS NOT ELIGIBLE FOR INCLUSION IN THE FAMILY ASSESSMENT
AND  SERVICES  TRACK, THE LOCAL CHILD PROTECTIVE SERVICES, IN CONDUCTING
ITS INVESTIGATION, SHALL WORK COOPERATIVELY WITH ANY DISTRICT OR  COMMU-
NITY-BASED  AGENCY  STAFF  THAT  ARE  ALREADY WORKING WITH THE FAMILY TO
MINIMIZE TO THE EXTENT PRACTICABLE THE  CHANCE  THAT  EXISTING  SERVICES
BEING  PROVIDED  TO  THE FAMILY WILL BE DISRUPTED AND TO MAXIMIZE TO THE
EXTENT PRACTICABLE THE  COORDINATION  OF  THE  EXISTING  SERVICES  BEING
PROVIDED TO THE FAMILY WITH ANY NEW SERVICES TO BE PROVIDED TO THE FAMI-
LY.
  (J)  THE  DISTRICT  SHALL INCLUDE IN THE TRAINING OF EMPLOYEES CHARGED
WITH MAKING ANY OF THE REFERRALS TO, AND INVESTIGATIONS  OR  ASSESSMENTS
IN  EITHER  OF  THE  TWO  TRACKS TECHNIQUES TO IDENTIFY INSTANCES WHERE,
ALTHOUGH REPORTS WERE INITIALLY ASSIGNED TO THE  FAMILY  ASSESSMENT  AND
SERVICES TRACK SUBSEQUENT INFORMATION DERIVED FROM SUCH ASSESSMENT RAIS-
ES  THE  POSSIBILITY  THAT UNLAWFUL OR OTHER INAPPROPRIATE ACTIVITIES OR
BEHAVIOR MAY BE PRESENT AND WOULD WARRANT REFERRAL TO THE  INVESTIGATORY
TRACK  AND  INSTANCES WHERE, ALTHOUGH REPORTS WERE INITIALLY ASSIGNED TO
THE INVESTIGATORY TRACK, SUBSEQUENT INFORMATION DERIVED FROM SUCH INVES-
TIGATION WARRANTS A LESS INTRUSIVE AND MORE SERVICE ORIENTED APPROACH.
  (K) ANY RECORD OR REPORT OR OTHER  DOCUMENTATION  MADE  IN  CONNECTION
WITH  THE  CONDUCT  OR  OPERATION  OF THE FAMILY ASSESSMENT AND SERVICES
TRACK BY THE DISTRICT SHALL BE DEEMED  CONFIDENTIAL  AND  SHALL  NOT  BE
DISCLOSED,  EXCEPT  TO  THE  OFFICE OF CHILDREN AND FAMILY SERVICES, THE
DISTRICT, ANY PROVIDER OF  SERVICES  ACTING  BY  OR  ON  BEHALF  OF  THE
DISTRICT  AND  ANY  SOCIAL  SERVICES DISTRICT INVESTIGATING A SUBSEQUENT
REPORT OF ABUSE OR MALTREATMENT INVOLVING THE SAME SUBJECT OR  THE  SAME
CHILD  OR  CHILDREN NAMED IN THE REPORT INITIATING THE FAMILY ASSESSMENT
AND SERVICES TRACK CASE.  NOTHING  CONTAINED  IN  THIS  PARAGRAPH  SHALL
PROHIBIT  THE  OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES  OR THE LOCAL
DISTRICT FROM PUBLISHING A  STATISTICAL  ANALYSIS  OR  OTHER  REPORT  OR
DOCUMENTATION,  WITH  IDENTIFYING  INFORMATION  REMOVED, SUMMARIZING THE
EFFECTIVENESS OF THE DUAL TRACK SYSTEM CREATED IN THIS SECTION.
  (L) NO PERSON OR PROVIDER OF SERVICES SHALL SUFFER ANY LIABILITY WHERE
SUCH PERSON OR PROVIDER REASONABLY CONCLUDES, BASED ON  THE  RESULTS  OF
INVESTIGATION OR INFORMATION GATHERED IN PROVIDING SERVICES, THAT SUCH A
REFERRAL FROM ONE TRACK TO ANOTHER MAY BE REQUIRED BY LAW.
  5. ANY EXPENDITURE MADE BY THE DISTRICT IN COMPLYING WITH AND CARRYING
OUT  THE PROVISIONS OF THIS SECTION SHALL BE SUBJECT TO REIMBURSEMENT BY
THE STATE IN THE  SAME  MANNER  AS  EXPENDITURES  FOR  CHILD  PROTECTIVE
SERVICES  INVESTIGATIONS  AND  MAY  BE  SUPPORTED  BY SUCH OTHER FUNDING
SOURCES AS ARE APPROPRIATE INCLUDING, BUT  NOT  LIMITED  TO,  PREVENTIVE
SERVICES  PROVIDED PURSUANT TO SECTION FOUR HUNDRED NINE-A OF THIS ARTI-
CLE AND INDEPENDENT LIVING SERVICES. NOTHING SHALL PRECLUDE THE DISTRICT
FROM SEEKING PRIVATE FUNDS FOR THE SUPPORT OF THE DEMONSTRATION PROGRAM.
  6.  (A) IN CONDUCTING THE DEMONSTRATION  PROGRAM,  THE  PROVISIONS  OF
SECTIONS  FOUR  HUNDRED  NINE-E  AND FOUR HUNDRED NINE-F OF THIS ARTICLE
SHALL NOT BE APPLICABLE TO THE DISTRICT.
  (B) ALL RECORDS CREATED AS PART OF THE FAMILY ASSESSMENT AND  SERVICES
TRACK SHALL INCLUDE, BUT NOT BE LIMITED TO, DOCUMENTATION OF THE INITIAL
SAFETY  CHECK,  THE  EXAMINATION OF THE FAMILY'S STRENGTHS, CONCERNS AND
NEEDS, ALL SERVICES OFFERED AND ACCEPTED BY THE  FAMILY,  THE  PLAN  FOR

A. 348                              7

SUPPORTIVE  SERVICES FOR THE FAMILY, AND ALL EVALUATIONS AND ASSESSMENTS
OF THE FAMILY'S PROGRESS.
  (C)  RECORDS  CREATED  UNDER  THE FAMILY ASSESSMENT AND SERVICES TRACK
SHALL BE MAINTAINED FOR TEN YEARS AFTER THE DATE OF THE  INITIAL  REPORT
TO THE STATEWIDE REGISTER OF CHILD ABUSE AND MALTREATMENT.
  S 4. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair or invalidate the remainder thereof, but shall be confined in its
operation  to  the  clause, sentence, paragraph, subdivision, section or
part thereof directly involved in the controversy in which such judgment
shall have been rendered. It is hereby declared to be the intent of  the
legislature  that  this act would have been enacted even if such invalid
provisions had not been included herein.
  S 5. This act shall take effect immediately and shall  expire  and  be
deemed repealed July 2, 2020.