S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3449--A
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 9, 2015
                                      ___________
       Introduced  by  Sen.  STEWART-COUSINS -- read twice and ordered printed,
         and when printed to be committed to the Committee on  Social  Services
         -- reported favorably from said committee and committed to the Commit-
         tee   on  Finance  --  committee  discharged,  bill  amended,  ordered
         reprinted as amended and recommitted to said committee
       AN ACT to amend the social services law, in relation to requiring  local
         social  services districts to obtain approval by the governing body of
         such district prior to applying to the office of children  and  family
         services to amend the consolidated services plan
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivisions 5, 6, 7, 8 and 9 of section 34-a of the social
    2  services law, subdivision 5 as added by chapter 681 of the laws of 1981,
    3  subdivision 6 as added by chapter 160 of the laws of 2004, paragraph (a)
    4  of subdivision 6 as amended by section 8 of part G of chapter 57 of  the
    5  laws of 2013, subdivision 7 as added by chapter 524 of the laws of 2005,
    6  subdivision  8  as added by chapter 543 of the laws of 2006 and subdivi-
    7  sion 9 as added by chapter 495 of the laws of 2014, are amended to  read
    8  as follows:
    9    5.  AMENDMENTS MADE TO THE MULTI-YEAR CONSOLIDATED SERVICES PLAN.  (A)
   10  A  LOCAL  SOCIAL SERVICES DISTRICT MAY PROPOSE AMENDMENTS TO THE PLAN AT
   11  ANY TIME. IF A LOCAL SOCIAL SERVICES DISTRICT PROPOSES AN  AMENDMENT  TO
   12  THE  CHILD  CARE  PORTION  OF  ITS  CHILD  AND FAMILY SERVICES PLAN THAT
   13  REDUCES ELIGIBILITY OR INCREASES THE FAMILY SHARE PERCENTAGE  FOR  CHILD
   14  CARE  SERVICES,  THE AMENDMENT SHALL BE PUBLISHED FOR PUBLIC COMMENT AND
   15  SHALL BE PRESENTED TO THE LOCAL ADVISORY BOARD FOR  APPROVAL,  PRIOR  TO
   16  SUBMISSION  TO THE OFFICE. IF AN AMENDMENT IS APPROVED BY THE OFFICE, IT
   17  BECOMES EFFECTIVE ON THE DATE SO DESIGNATED BY THE COMMISSIONER.
   18    (B) AFTER AN AMENDMENT IS APPROVED BY THE OFFICE  AND  IMPLEMENTED  BY
   19  THE  LOCAL SOCIAL SERVICES DISTRICT, THE DISTRICT SHALL SUPPLY THE CHIEF
   20  EXECUTIVE OFFICER, OR FOR LOCAL  SOCIAL  SERVICES  DISTRICTS  WITHOUT  A
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00269-05-5
       S. 3449--A                          2
    1  CHIEF  EXECUTIVE  OFFICER,  THE  LOCAL  LEGISLATIVE  BODY, WITH EVIDENCE
    2  SUPPORTING THE NEED FOR SUCH AMENDMENT.
    3    6.  The  commissioner shall promulgate regulations concerning the time
    4  by which:
    5    (a) each local social services district shall  submit  its  multi-year
    6  services plan and annual implementation report;
    7    (b)  the  commissioner  shall,  in writing, notify a local district of
    8  approval or disapproval of all or parts of  such  district's  multi-year
    9  services plan or annual implementation reports; and
   10    (c) each local social services district shall submit a revised version
   11  of  its  multi-year  services  plan  or annual implementation report, or
   12  parts thereof.
   13    [6.] 7. (a) Notwithstanding any other provision of law, the office  of
   14  children  and  family  services shall plan for the statewide implementa-
   15  tion, by the thirty-first day of December, two thousand  eight,  of  the
   16  use  by  counties  of a child and family services plan that combines the
   17  multi-year consolidated services plan required by this section  and  the
   18  comprehensive plan required by section four hundred twenty of the execu-
   19  tive law into a single plan.
   20    (b)  All  counties  shall implement a county child and family services
   21  plan prior to or by the two thousand eight plan year in accordance  with
   22  a  schedule  developed by the office of children and family services and
   23  shall continue to implement such a plan thereafter. With the approval of
   24  such office, a county may implement such a plan before the date required
   25  by such schedule.
   26    (c) The office of children and family services may waive any regulato-
   27  ry requirements relating to the content and timing of multi-year consol-
   28  idated services plans and annual implementation reports that may  impede
   29  the  ability of a county to implement a county child and family services
   30  plan.
   31    (d) Nothing in this subdivision shall be deemed to affect county plan-
   32  ning requirements under the mental hygiene law.
   33    [7.] 8. (a) From monies appropriated to the  office  of  children  and
   34  family  services  for the family and children's services foster care and
   35  adoption program, the office  shall  give  assistance  to  local  social
   36  services  districts to enable them to collect statistics and to describe
   37  the steps being taken regarding: the number of families needing  preven-
   38  tive services as provided for in title four of article six of this chap-
   39  ter  for  which  services  are  provided;  the effectiveness of specific
   40  preventive services in preventing unnecessary foster care placements and
   41  reducing the length of stay in foster care; the efforts made to  prevent
   42  unnecessary  placements;  the  use of the least restrictive settings and
   43  the proximity of foster care placements to the child's home; the use  of
   44  kinship  placements;  the  placement  of  siblings  with  one another at
   45  initial placement or as soon  thereafter  as  possible;  the  number  of
   46  transfers  of  children  in  foster  care placements and the reasons for
   47  those transfers; the number of families reunited in fulfillment  of  the
   48  child's  service goal plan and the length of placement prior to reunifi-
   49  cation; the number of children  prepared  for  independent  living;  the
   50  number  of  children with adoption as a service plan goal; the number of
   51  children freed for adoption and the  length  of  time  taken  to  secure
   52  terminations of parental rights; the number of children placed in pre-a-
   53  doptive  homes  and  the number of adoptions completed and the length of
   54  time taken to complete them.
   55    (b) Such data submitted to the office of children and family  services
   56  shall be aggregated and submitted with a narrative report on these chil-
       S. 3449--A                          3
    1  dren's  services,  to the governor and the majority leader of the senate
    2  and the speaker of the assembly on or before July  first,  two  thousand
    3  five and semiannually thereafter.
    4    [8.] 9. The commissioner of the office of children and family services
    5  shall,  in conjunction with the commissioner of education, develop model
    6  practices and procedures for local social services districts and  school
    7  districts  regarding  the  reporting  and  investigation  of educational
    8  neglect. Such model practices  and  procedures  shall  be  available  to
    9  social  services  districts  and school districts and shall be posted on
   10  the office of children and family services website and the state depart-
   11  ment of education website by September first, two thousand seven.   Each
   12  social  services  district  shall,  in  conjunction  with  local  school
   13  districts within its district, submit written  policies  and  procedures
   14  regarding  the  reporting of educational neglect by each school district
   15  within such social services district and  the  investigation  of  educa-
   16  tional  neglect  allegations by child protective services. Such policies
   17  and procedures shall be submitted to the office of children  and  family
   18  services  for review by January first, two thousand eight and the office
   19  shall approve or disapprove such local policies  and  procedures,  based
   20  upon  the model practices and procedures established in conjunction with
   21  the state department of education, within sixty days of submission.
   22    [9.] 10. (a) In order to allow families  time  to  properly  plan  for
   23  their  financial needs and for the safety, social and emotional needs of
   24  their children, in the event that a social services district proposes to
   25  amend its consolidated services plan, submits an annual plan update,  or
   26  takes  any other action that would lower the financial eligibility level
   27  for child care assistance so that  families  receiving  subsidies  would
   28  lose   eligibility  [therefore]  THEREFOR,  the  local  social  services
   29  district shall notify the office of children and family services of that
   30  fact at least sixty days before  the  effective  date  of  the  proposed
   31  change  in eligibility level. The office of children and family services
   32  shall post notice of the proposed change on the office's website  within
   33  five  days of receiving said notice, and within twenty days of receiving
   34  said notice shall notify all  licensed,  registered  and  legally-exempt
   35  child  care  providers  in  the  affected district, the state child care
   36  resource and referral agency, the local child care resource and referral
   37  agency, as well as all  certified  employee  organizations  representing
   38  licensed,  registered  and  legally-exempt  child  care providers in the
   39  affected district. Said notice may be made by e-mail or regular mail  in
   40  the  form of a letter or postcard, and shall inform the recipient of the
   41  date of the proposed change and a description of  the  proposed  change.
   42  The notice shall also require that child care providers that receive the
   43  notice immediately post the notice in a place which is likely to be seen
   44  by the families who have children in the provider's care and that certi-
   45  fied employee organizations representing licensed, registered and legal-
   46  ly-exempt  child care providers in the affected district post the notice
   47  on their official website. This notice shall  not  be  considered  as  a
   48  substitute for any notice to parents which is required by law.
   49    (b)  In order to allow families time to properly plan for their finan-
   50  cial needs and for the safety, social and emotional needs of their chil-
   51  dren, in the event that a social services district proposes to amend its
   52  consolidated services plan or to  submit  an  annual  plan  update  that
   53  increases  the  parental co-payment multiplier for child care assistance
   54  so that families receiving subsidies would pay an  increased  percentage
   55  of  their  income  as a child care co-payment, the local social services
   56  district shall notify the office of children and family services of that
       S. 3449--A                          4
    1  fact at least sixty days before  the  effective  date  of  the  proposed
    2  change  in eligibility level. The office of children and family services
    3  shall post notice of the proposed change on the office's website  within
    4  five  days of receiving said notice, and within twenty days of receiving
    5  said notice shall notify all  licensed,  registered  and  legally-exempt
    6  child  care  providers  in  the  affected district, the state child care
    7  resource and referral agency, the local child care resource and referral
    8  agency, as well as all  certified  employee  organizations  representing
    9  licensed,  registered  and  legally-exempt  child  care providers in the
   10  affected district. Said notice may be made by e-mail or regular mail  in
   11  the  form of a letter or postcard, and shall inform the recipient of the
   12  date of the proposed change and a description of  the  proposed  change.
   13  The notice shall also require that child care providers that receive the
   14  notice immediately post the notice in a place which is likely to be seen
   15  by the families who have children in the provider's care and that certi-
   16  fied employee organizations representing licensed, registered and legal-
   17  ly-exempt  child care providers in the affected district post the notice
   18  on their official website. This notice shall  not  be  considered  as  a
   19  substitute for any notice to parents which is required by law.
   20    S  2.  Subdivision  6  of  section 34-a of the social services law, as
   21  added by chapter 160 of the laws of 2004, is amended to read as follows:
   22    [6.] 7. (a) Notwithstanding any other provision of law, the office  of
   23  children  and  family  services shall plan for the statewide implementa-
   24  tion, by the thirty-first day of December, two thousand  eight,  of  the
   25  use  by  counties  of a child and family services plan that combines the
   26  multi-year consolidated services plan required by this section  and  the
   27  county comprehensive plan required by section four hundred twenty of the
   28  executive law into a single plan.
   29    (b)  All  counties  shall implement a county child and family services
   30  plan prior to or by the two thousand eight plan year in accordance  with
   31  a  schedule  developed by the office of children and family services and
   32  shall continue to implement such a plan thereafter. With the approval of
   33  such office, a county may implement such a plan before the date required
   34  by such schedule.
   35    (c) The office of children and family services may waive any regulato-
   36  ry requirements relating to the content and timing of multi-year consol-
   37  idated services plans and annual implementation reports that may  impede
   38  the  ability of a county to implement a county child and family services
   39  plan.
   40    (d) Nothing in this subdivision shall be deemed to affect county plan-
   41  ning requirements under the mental hygiene law.
   42    S 3. The social services law is amended by adding a new  section  34-b
   43  to read as follows:
   44    S  34-B. LOCAL ADVISORY BOARDS. 1. EACH LOCAL SOCIAL SERVICES DISTRICT
   45  SHALL ESTABLISH A LOCAL ADVISORY BOARD THAT WILL ASSIST THE COMMISSIONER
   46  IN THE CREATION OF THE MULTI-YEAR CONSOLIDATED SERVICES PLAN, AS WELL AS
   47  APPROVE ANY AMENDMENTS PROPOSED PURSUANT TO SUBDIVISION FIVE OF  SECTION
   48  THIRTY-FOUR-A  OF  THE  SOCIAL SERVICES LAW. EXCEPT WHEN AN AMENDMENT IS
   49  PROPOSED, THE LOCAL ADVISORY BOARD SHALL  BE  INVOLVED  IN  AN  ADVISORY
   50  CAPACITY ONLY, IN POLICY DEVELOPMENT, PROGRAM PLANNING AND PROGRAM EVAL-
   51  UATION CARRIED ON BY THE SOCIAL SERVICES DISTRICT WITH RESPECT TO PUBLIC
   52  ASSISTANCE, MEDICAL ASSISTANCE AND SERVICES.
   53    2.  (A)  FOR  LOCAL  SOCIAL  SERVICES DISTRICTS WITH A CHIEF EXECUTIVE
   54  OFFICER THE LOCAL ADVISORY BOARD SHALL CONSIST  OF  NINE  MEMBERS,  FOUR
   55  MEMBERS  SHALL  BE  APPOINTED  BY  THE  LOCAL  LEGISLATIVE BODY AND FIVE
   56  MEMBERS SHALL BE APPOINTED BY  THE  CHIEF  EXECUTIVE  OFFICER  UPON  THE
       S. 3449--A                          5
    1  RECOMMENDATION  OF THE COMMISSIONER OF SOCIAL SERVICES. FOR LOCAL SOCIAL
    2  SERVICES DISTRICTS WITHOUT A CHIEF EXECUTIVE OFFICER, THE LOCAL ADVISORY
    3  BOARD SHALL CONSIST OF FIFTEEN MEMBERS, FIVE MEMBERS SHALL BE  APPOINTED
    4  BY  THE COMMISSIONER OF THE LOCAL SOCIAL SERVICES DISTRICT, FIVE MEMBERS
    5  SHALL BE APPOINTED BY THE MAJORITY OF THE  LOCAL  LEGISLATIVE  BODY  AND
    6  FIVE SHALL BE APPOINTED BY THE MINORITY OF THE LOCAL LEGISLATIVE BODY.
    7    (B) THE LOCAL ADVISORY BOARD SHALL BE COMPOSED OF THE FOLLOWING CLASS-
    8  ES OF PERSONS:
    9    (1)  RECIPIENTS  OF PUBLIC ASSISTANCE (INCLUDING SSI AND FOOD STAMPS),
   10  MEDICAL  ASSISTANCE  AND  CHILD  CARE  SERVICES--AT  LEAST   TWENTY-FIVE
   11  PERCENT;
   12    (2)  PROVIDERS  OF  SOCIAL  SERVICES, MEDICAL SERVICES AND DOMICILIARY
   13  CARE (OTHER THAN EMPLOYEES OF THE STATE OR LOCAL DEPARTMENTS  OF  SOCIAL
   14  SERVICES); AND
   15    (3) MEMBERS OF THE GENERAL PUBLIC (INCLUDING BUT NOT LIMITED TO REPRE-
   16  SENTATIVES  OF  PROFESSIONAL SOCIAL WORK ASSOCIATIONS, SCHOOLS OF SOCIAL
   17  WORK, LABOR ORGANIZATIONS, PUBLIC  INTEREST  GROUPS,  CLIENT  ADVOCATES,
   18  COMMUNITY ORGANIZATIONS AND THE BUSINESS AND FINANCIAL COMMUNITY).
   19    S  4.  This act shall take effect immediately; provided, however, that
   20  the amendments to paragraph (a) of subdivision 6 of section 34-a of  the
   21  social  services law made by section one of this act shall be subject to
   22  the expiration and reversion of such paragraph when upon such  date  the
   23  provisions of section two of this act shall take effect.