S T A T E   O F   N E W   Y O R K
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                                  5746

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 14, 2011
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the social  services  law,  in  relation  to  access  to
  records  of  the  differential  response  program 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.  Paragraph  (c)  of  subdivision 4 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:
  (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] ASSESS-
MENT shall be commenced within  twenty-four  hours  of  receipt  of  the
report  and  completed  within  seven  days. Based on the initial safety
[check] ASSESSMENT, the district shall determine  if  the  report  shall
continue  under  the  family  assessment and services track. This safety
[check] ASSESSMENT 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.
  (i) Where the  social  services  district  determines,  based  on  the
initial  safety [check] ASSESSMENT, 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] ASSESSMENT and inform the  statewide  central
register  of child abuse and maltreatment that the report is part of the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11907-09-1
              

S. 5746                             2

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 paragraph (a) 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.  ACCESS TO REPORTS
ASSIGNED  TO,  AND  RECORDS  CREATED  UNDER  THE  FAMILY  ASSESSMENT AND
SERVICES TRACK AND INFORMATION CONCERNING SUCH REPORTS  AND  RECORDS  IS
GOVERNED BY PARAGRAPH (D) OF SUBDIVISION FIVE OF THIS SECTION.
  (ii)  Where  the  social  services  district  determines, based on the
initial safety [check] ASSESSMENT, 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] ASSESSMENT. Where the social services district makes the  deter-
mination  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  assess-
ment and services track.
  S  2.  Paragraph  (b)  of subdivision 5 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:
  (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]  ASSESSMENT,  the examination of the family's strengths,
concerns and needs, all services offered and accepted by the family, the
plan for supportive services for the family, all evaluations and assess-
ments of the family's progress, and all periodic risk assessments.
  S 3. Subdivision 5-a of section 422 of the  social  services  law,  as
added by chapter 452 of the laws of 2007, is amended to read as follows:
  5-a.  Upon  notification from a local social services district, that a
report is part of the family assessment and services track  pursuant  to
subparagraph  (i)  of  paragraph (c) of subdivision four of section four
hundred twenty-seven-a of this title, the central register shall  forth-
with  identify  the  report as an assessment track case and legally seal
such report.  ACCESS TO REPORTS ASSIGNED TO, AND RECORDS  CREATED  UNDER
THE FAMILY ASSESSMENT AND SERVICES TRACK AND INFORMATION CONCERNING SUCH
REPORTS  AND RECORDS IS GOVERNED BY PARAGRAPH (D) OF SUBDIVISION FIVE OF
SECTION FOUR HUNDRED TWENTY-SEVEN-A OF THIS TITLE.
  S 4. Paragraph (d) of subdivision 5 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:
  (d)  All  REPORTS ASSIGNED TO, AND records created [as part of] UNDER,
the family assessment and services track, INCLUDING BUT NOT  LIMITED  TO
REPORTS  MADE  OR  WRITTEN  AS WELL AS ANY OTHER INFORMATION OBTAINED OR
PHOTOGRAPHS TAKEN CONCERNING SUCH REPORTS OR RECORDS shall be  confiden-
tial and shall be made available only to:
  (I)  staff  of  the office of children and family services and persons
designated by the office of children and family services;
  (II) the social services district responsible for the  FAMILY  ASSESS-
MENT AND SERVICES TRACK case;
  (III)  community-based  agencies  that  have contracts with the social
services district to carry out activities for  the  district  under  the
family assessment and services track; [and]

S. 5746                             3

  (IV)  providers  of  services under the family assessment and services
track; [and]
  (V)  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;
  (VI) A COURT, BUT ONLY WHILE THE FAMILY IS RECEIVING SERVICES PROVIDED
UNDER  THE  FAMILY  ASSESSMENT AND SERVICES TRACK AND ONLY PURSUANT TO A
COURT ORDER OR JUDICIAL SUBPOENA, ISSUED AFTER NOTICE AND AN OPPORTUNITY
FOR THE SUBJECT OF THE REPORT AND ALL PARTIES TO THE PRESENT  PROCEEDING
TO BE HEARD, BASED ON A JUDICIAL FINDING THAT SUCH REPORTS, RECORDS, AND
ANY  INFORMATION  CONCERNING SUCH REPORTS AND RECORDS, ARE NECESSARY FOR
THE DETERMINATION OF AN ISSUE BEFORE THE COURT.   SUCH REPORTS,  RECORDS
AND INFORMATION TO BE DISCLOSED PURSUANT TO A JUDICIAL SUBPOENA SHALL BE
SUBMITTED  TO THE COURT FOR INSPECTION AND FOR SUCH DIRECTIONS AS MAY BE
NECESSARY TO PROTECT  CONFIDENTIALITY,  INCLUDING  BUT  NOT  LIMITED  TO
REDACTION  OF  PORTIONS  OF THE REPORTS, RECORDS, AND INFORMATION AND TO
DETERMINE ANY FURTHER LIMITS ON REDISCLOSURE IN ADDITION TO THE  LIMITA-
TIONS  PROVIDED  FOR IN THIS TITLE. A COURT SHALL NOT HAVE ACCESS TO THE
SEALED FAMILY ASSESSMENT AND SERVICES REPORTS, RECORDS, AND ANY INFORMA-
TION CONCERNING SUCH  REPORTS  AND  RECORDS,  AFTER  THE  CONCLUSION  OF
SERVICES PROVIDED UNDER THE FAMILY ASSESSMENT AND SERVICES TRACK; AND
  (VII)  THE SUBJECT OF THE REPORT INCLUDED IN THE RECORDS OF THE FAMILY
ASSESSMENT AND SERVICES TRACK.
  S 5. Subdivision 5 of section 427-a of  the  social  services  law  is
amended by adding a new paragraph (e) to read as follows:
  (E)  PERSONS GIVEN ACCESS TO SEALED REPORTS, RECORDS, AND ANY INFORMA-
TION CONCERNING SUCH REPORTS AND RECORDS, PURSUANT TO PARAGRAPH  (D)  OF
THIS SUBDIVISION SHALL NOT REDISCLOSE SUCH REPORTS, RECORDS AND INFORMA-
TION EXCEPT AS FOLLOWS:
  (I)  THE  OFFICE  OF  CHILDREN AND FAMILY SERVICES AND SOCIAL SERVICES
DISTRICTS MAY DISCLOSE AGGREGATE, NON-CLIENT IDENTIFIABLE INFORMATION;
  (II) SOCIAL SERVICES DISTRICTS,  COMMUNITY-BASED  AGENCIES  THAT  HAVE
CONTRACTS  WITH  A  SOCIAL SERVICES DISTRICT TO CARRY OUT ACTIVITIES FOR
THE DISTRICT UNDER THE FAMILY ASSESSMENT AND SERVICES TRACK, AND PROVID-
ERS OF SERVICES UNDER THE FAMILY  ASSESSMENT  AND  SERVICES  TRACK,  MAY
EXCHANGE  SUCH  REPORTS, RECORDS AND INFORMATION CONCERNING SUCH REPORTS
AND RECORDS AS NECESSARY TO CARRY OUT ACTIVITIES AND SERVICES RELATED TO
THE SAME PERSON OR PERSONS ADDRESSED IN THE RECORDS OF A FAMILY  ASSESS-
MENT AND SERVICES TRACK CASE;
  (III)  THE  CHILD PROTECTIVE SERVICE OF A SOCIAL SERVICES DISTRICT MAY
UNSEAL A REPORT, RECORD  AND  INFORMATION  CONCERNING  SUCH  REPORT  AND
RECORD  OF  A CASE UNDER THE FAMILY ASSESSMENT AND SERVICES TRACK IN THE
EVENT SUCH REPORT, RECORD OR INFORMATION IS  RELEVANT  TO  A  SUBSEQUENT
REPORT  OF  SUSPECTED CHILD ABUSE OR MALTREATMENT. INFORMATION FROM SUCH
AN UNSEALED REPORT OR RECORD THAT IS RELEVANT TO THE  SUBSEQUENT  REPORT
OF  SUSPECTED  CHILD  ABUSE  AND  MALTREATMENT  MAY BE USED BY THE CHILD
PROTECTIVE SERVICE FOR PURPOSES OF INVESTIGATION AND FAMILY COURT ACTION
CONCERNING THE SUBSEQUENT REPORT AND MAY BE INCLUDED IN  THE  RECORD  OF
THE  INVESTIGATION  OF  THE  SUBSEQUENT  REPORT.  IF THE SOCIAL SERVICES
DISTRICT INITIATES A PROCEEDING UNDER ARTICLE TEN OF  THE  FAMILY  COURT
ACT IN CONNECTION WITH SUCH A SUBSEQUENT REPORT OF SUSPECTED CHILD ABUSE
AND  MALTREATMENT  AND THERE IS INFORMATION IN THE REPORT OR RECORD OF A
PREVIOUS CASE UNDER THE FAMILY ASSESSMENT AND  SERVICES  TRACK  THAT  IS
RELEVANT  TO  THE PROCEEDING, THE SOCIAL SERVICES DISTRICT SHALL INCLUDE
SUCH INFORMATION IN THE RECORD OF THE INVESTIGATION  OF  THE  SUBSEQUENT
REPORT  OF  SUSPECTED  CHILD  ABUSE  OR MALTREATMENT AND SHALL MAKE THAT

S. 5746                             4

INFORMATION AVAILABLE TO THE FAMILY COURT AND THE OTHER PARTIES FOR  USE
IN SUCH PROCEEDING PROVIDED, HOWEVER, THAT THE INFORMATION INCLUDED FROM
THE  PREVIOUS  CASE UNDER THE FAMILY ASSESSMENT AND SERVICES TRACK SHALL
THEN  BE  SUBJECT  TO ALL LAWS AND REGULATIONS REGARDING CONFIDENTIALITY
THAT APPLY TO THE RECORD OF THE INVESTIGATION OF SUCH SUBSEQUENT  REPORT
OF  SUSPECTED CHILD ABUSE OR MALTREATMENT. THE FAMILY COURT MAY CONSIDER
THE INFORMATION FROM THE PREVIOUS CASE UNDER THE FAMILY  ASSESSMENT  AND
SERVICES  TRACK THAT IS RELEVANT TO SUCH PROCEEDING IN MAKING ANY DETER-
MINATIONS IN THE PROCEEDING; AND
  (IV) A SUBJECT OF THE REPORT MAY, AT HIS OR HER DISCRETION, PRESENT  A
REPORT,  RECORDS AND INFORMATION CONCERNING SUCH REPORT AND RECORDS FROM
THE FAMILY ASSESSMENT AND SERVICES TRACK CASE, IN WHOLE OR IN  PART,  IN
ANY  PROCEEDING  UNDER  ARTICLE TEN OF THE FAMILY COURT ACT IN WHICH THE
SUBJECT IS A RESPONDENT. A SUBJECT OF THE REPORT ALSO MAY, AT HIS OR HER
DISCRETION, PRESENT A REPORT, RECORDS AND  INFORMATION  CONCERNING  SUCH
REPORT  AND  RECORDS  FROM  THE FAMILY ASSESSMENT AND SERVICES TRACK, IN
WHOLE OR IN PART, IN ANY PROCEEDING INVOLVING THE CUSTODY OF, OR VISITA-
TION WITH THE SUBJECT'S CHILDREN, OR IN ANY OTHER  RELEVANT  PROCEEDING.
IN MAKING ANY DETERMINATION IN SUCH A PROCEEDING, THE COURT MAY CONSIDER
ANY  PORTION  OF THE FAMILY ASSESSMENT AND SERVICE TRACK REPORT, RECORDS
AND ANY INFORMATION CONCERNING SUCH REPORT AND RECORDS PRESENTED BY  THE
SUBJECT  OF  THE  REPORT THAT IS RELEVANT TO THE PROCEEDING.  NOTHING IN
THIS SUBPARAGRAPH, HOWEVER, SHALL BE INTERPRETED TO AUTHORIZE A COURT TO
ORDER THE  SUBJECT  TO  PRODUCE  SUCH  REPORT,  RECORDS  OR  INFORMATION
CONCERNING SUCH REPORT AND RECORDS, IN WHOLE OR IN PART.
  S 6. Section 426 of the social services law, as amended by chapter 676
of the laws of 1985, is amended to read as follows:
  S 426. Annual reports. The commissioner shall prepare for inclusion in
the  annual  report  required by subdivision (d) of section seventeen of
this chapter to be filed with the governor and the legislature prior  to
December fifteenth of each year, a report on the operations of the state
central  register  of child abuse and maltreatment and the various local
child protective services.  The report shall include a full  statistical
analysis  of  the  reports  made to the central register together with a
report on the implementation of this title, his evaluation  of  services
offered under this chapter and his recommendations for additional legis-
lation to fulfill the purposes of this title. Such report shall indicate
the number of child abuse and maltreatment reports and cases received by
the  statewide  central register of child abuse and maltreatment by each
district in the preceding year, the number of such cases  determined  to
have  been  indicated  and  the  number  of  such cases determined to be
unfounded by each district in the preceding year,  the  number  of  such
cases  which have not been indicated or unfounded within the time period
required by subdivision seven of section  four  hundred  twenty-four  of
this  chapter  by  each district in the preceding year and the number of
workers assigned to the child protective service in each district in the
preceding year. SUCH REPORT  SHALL  INCLUDE,  AMONG  OTHER  INFORMATION,
AVAILABLE  DEMOGRAPHIC  INFORMATION AND AVAILABLE INFORMATION CONCERNING
THE RACIAL AND ETHNIC CHARACTERISTICS OF THE FAMILY MEMBERS AND  PERSONS
SERVED  BY  THE  DIFFERENTIAL  RESPONSE PROGRAM PURSUANT TO SECTION FOUR
HUNDRED TWENTY-SEVEN-A OF THE SOCIAL SERVICES LAW, AS WELL AS  AVAILABLE
INFORMATION  CONCERNING  THE  RACIAL  AND  ETHNIC CHARACTERISTICS OF THE
FAMILY MEMBERS AND PERSONS SERVICED UNDER THE TRADITIONAL CHILD  PROTEC-
TIVE  SERVICES  PROGRAM,  IN  EACH LOCAL SOCIAL SERVICES DISTRICT IN THE
STATE. The report shall also contain data on the protection of  children
in  residential  care  from  abuse  and  maltreatment, including reports

S. 5746                             5

received, results of investigations by types of facilities and programs,
types of corrective action taken, as well as  efforts undertaken by  the
department, the division for youth and the state education department to
provide  training  pursuant  to  standards  established  by section four
hundred sixty-two of this chapter, section five hundred one of the exec-
utive law and sections forty-four  hundred  three,  forty-three  hundred
fourteen,  forty-three  hundred fifty-eight and forty-two hundred twelve
of the education law.
  S 7. This act shall take effect immediately; provided that section six
of this act shall take effect January 1, 2014.