S T A T E   O F   N E W   Y O R K
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                                 4613--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2015
                               ___________

Introduced  by M. of A. CLARK -- read once and referred to the Committee
  on Children  and  Families  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to  amend the social services law, in relation to directing the
  office of children and family services to establish workload standards
  for child protective services workers

  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:
  S 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 WORKLOAD STANDARDS FOR CHILD PROTECTIVE SERVICES WORKERS PROMUL-
GATED PURSUANT TO PARAGRAPH (C) OF  SUBDIVISION  FOUR  OF  SECTION  FOUR
HUNDRED TWENTY-ONE OF THIS CHAPTER.
  S  2.  Subdivision  4  of  section  421  of the social services law is
amended by adding a new paragraph (c) to read as follows:
  (C) PROMULGATE REGULATIONS RELATING TO WORKLOAD  STANDARDS  FOR  CHILD
PROTECTIVE  SERVICES,  WHICH  SHALL BE NO MORE THAN FIFTEEN ACTIVE CASES
PER MONTH PER FULL TIME CHILD PROTECTIVE  SERVICES  WORKER.  NOTHING  IN
THIS PARAGRAPH SHALL BE CONSTRUED TO FORBID THE OFFICE FROM PROMULGATING
REGULATIONS  THAT  REQUIRE  AN  AVERAGE  WORKLOAD  STANDARD OF LESS THAN
FIFTEEN ACTIVE CASES PER MONTH PER FULL TIME CHILD  PROTECTIVE  SERVICES
WORKER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08570-02-5

              

A. 4613--A                          2

  S  3.  Paragraph  (c)  of  subdivision  1 of section 423 of the social
services law, as amended by chapter 83 of the laws of 1995,  is  amended
to read as follows:
  (c)  The  child  protective  service  shall  have  a sufficient staff,
SUBJECT TO THE PROVISIONS  OF  PARAGRAPH  (C)  OF  SUBDIVISION  FOUR  OF
SECTION  FOUR HUNDRED TWENTY-ONE OF THIS TITLE, of sufficient qualifica-
tions to fulfill the purposes of this title and be organized in  such  a
way as to maximize the continuity of responsibility, care and service of
individual  workers  toward  individual  children and families. A social
services district shall have flexibility in assigning staff to the child
protective service provided that each staff assigned to such service has
the staff qualifications and has received the training required  by  the
department  regulations  promulgated  pursuant  to subdivisions four and
five of section four hundred twenty-one of this title.
  S 4. This act shall take effect on the  seven  hundred  thirtieth  day
after it shall have become a law.