(1)
Pursuant to section 34-a of the Social Services Law and Part
407 of this Title, each local social services district shall prepare and submit
to OCFS a multi-year consolidated services plan, hereinafter referred to as the
"plan," which shall include information on protective services for children,
provided directly or contracted for through purchase of services agreements.
The plan shall be updated through the preparation of annual implementation
reports, which shall be submitted to OCFS for approval.
(2) The child protective services component
of the plan shall include, but not be limited to, the following:
(i) input from consultation with law
enforcement agencies, the Family Court, and appropriate public or voluntary
agencies;
(ii) a summary of the
required public hearing, indicating the composition of the audience, the nature
of the testimony given, and the impact the public hearing had in the
development of the plan or annual implementation report. The summary shall
include documentation that notice of the public hearing was provided at least
15 days prior to the date of the hearing and that such notice specified the
time and place for the discussion of the child protective services component.
The summary should also include copies of newspaper clippings related to the
public hearings;
(iii) an
organizational chart of the child protective service, including the total
number of professional staff involved in the provision of such services, as
well as any anticipated or planned changes in the structure of the child
protective service;
(iv) a list of
services that would be necessary and appropriate to help fulfill the function
and responsibilities of the child protective service which are not available
through the district or the community;
(v) information concerning the financing of
local protective services for children, including the amount of money allocated
for purchasing services from other agencies and the amount of money allocated
by the local district for the direct provision of services;
(vi) the legal assurances set forth in
paragraph (3) of this subdivision;
(vii) a listing of the sworn police officials
of a city police department other than the police department of the City of New
York, or of a county, town or village police department or county sheriff's
department who have received permission from the local social services district
to receive records and reports of child abuse and maltreatment. Such permission
may be granted only for records and reports that have been assigned to the
investigative track and only when such officer certifies that the records and
reports are necessary in order to conduct a criminal investigation of the
subject of the report, and that such investigation is reasonably related to the
allegations contained in the report;
(viii) a summary of the understanding between
the local social services district and the district attorney's office, which
outlines the cooperative procedures to be followed by both parties in
investigating incidents of child abuse and maltreatment consistent with their
respective obligations for the investigation or prosecution of such incidents,
as required by law and in accordance with the responsibilities of the child
protective service as set forth in subdivision (b) of this section or a summary
of the reasons why such an understanding has not been developed in spite of a
good faith effort being made to do so; and
(ix) a description of the terms and
conditions to be set forth in any written agreement between the local district
and a provider or coordinator of services which authorizes redisclosure of
child protective services information including records, reports or other
information by such service provider or coordinator to other persons or
agencies providing services to the child and family.
(3) Legal assurances. Each local district
shall include in the child protective services component of its plan assurances
that the child protective service is implementing each duty and responsibility
assigned to it by title 6 of article 6 of the Social Services Law and this
Part. Such assurances shall include, but not be limited to, assurances:
(i) that a separate organizational unit
responsible for child protective services operates within the local district
according to the requirements specified in this section;
(ii) [Reserved]
(iii) that the State Central Register is kept
fully informed and up-to-date concerning the receipt and disposition of reports
by the entry of all appropriate reports and information into
CONNECTIONS;
(iv) that the
appropriate district attorney is immediately informed by telephone of any child
who has died as a result of suspected child abuse and/or maltreatment, and that
copies of all reports on such children are forwarded to the district attorney's
office;
(v) that the appropriate
medical examiner or coroner is informed if there is a reasonable cause to
suspect that a child has died as a result of suspected child abuse and/or
maltreatment;
(vi) that the
findings from the medical examiner or coroner are secured on any case where
there is reasonable cause to suspect that a child has died as a result of child
abuse or maltreatment;
(vii) that
telephone notice is provided and a copy of any or all reports of suspected
abuse or maltreatment that have been assigned to the investigative track are
forwarded immediately to the appropriate district attorney if a prior request
in writing for such notice and copies has been received by the child protective
service and provided that such request specifies the kinds of allegations
concerning which the district attorney requires such notice and copies and
provides a copy of the relevant provisions of law;
(viii) that a copy of any or all reports of
suspected abuse and/or maltreatment is forwarded to any appropriate duly
incorporated society for the prevention of cruelty to children or to any other
duly authorized child protective agency, if a prior written request for such
copies has been received from such society or agency by the child protective
service;
(ix) that the district
commences or causes the appropriate society for the prevention of cruelty to
children to commence, within 24 hours after receiving a report of child abuse
and/or maltreatment, an appropriate investigation or, for approved social
service districts, a family assessment response to all reports of suspected
child abuse and/or maltreatment. Such investigation or response must meet the
requirements of paragraph (b)(3) of this section, or section
432.13
of this Part;
(x) that upon receipt
of a report of suspected abuse or maltreatment that is assigned to the
investigative track, and after seeing to the safety of the child or children
named in the report, but in no event later than seven days after the receipt of
the oral report, the local district delivers or mails to the subject(s) and
other persons named in the investigative track report, except children under
the age of 18 years, a written notification, in such form as required by OCFS,
informing them of the existence of the report and of the subject(s)' rights
with regard to amendment of information contained in the report; and, upon
receipt of a report that is assigned to the family assessment track, and after
seeing to the safety of the child or children named in the report, but in no
event later than seven days after the receipt of the report, the local district
delivers or mails to the parent(s), guardian(s), or other legally responsible
person(s) of any child named in the report a written notification, in such form
as required by OCFS, informing them of the existence of the report and of the
nature of family assessment response; except that, when a new report is
received that is consolidated into an open child protective services
investigation or family assessment response, the child protective service may
provide only verbal notification of the new report to all persons who were
notified of the open report unless such person requests written
notification;
(xi) that the local
district determines, within 60 days, whether a report assigned to the
investigative track is "indicated" or "unfounded" and, if "indicated," delivers
or mails to the subject(s) and other persons named in the report, except
children under the age of 18 years, a written notification, within seven days
of the determination, in such form as required by OCFS, informing the
subject(s) of their rights to request the commissioner to amend or, for any
report received by the State Central Register prior to February 12, 1996,
expunge the report and their right to request a fair hearing;
(xii) that upon receipt of written notice
from the State Central Register of any expungement or amendment of the record
of a report made pursuant to a subject's request or pursuant to a hearing, the
local district expunges from or amends as directed all records of the report,
and informs, for the same purposes, any other agency or person that received
such report or information;
(xiii)
that the local district shall take all appropriate measures to protect a
child's life and health including, when appropriate, taking or keeping a child
in protective custody without the consent of a parent or guardian, if there is
reasonable cause to believe that the circumstances or condition of the child
are such that continuing in his place of residence or in the care and custody
of the parent, guardian, custodian or other person responsible for the child's
care presents an imminent danger to the child's life or health;
(xiv) that upon being notified that a child
is retained in protective custody, the child protective service staff shall
commence a proceeding at the next regular weekday session of the appropriate
Family Court, or recommend to the court, at that time, that the child be
returned to his parents or guardian;
(xv) that, based upon the investigation and
evaluation, the local district offers appropriate services to any child
believed to be suffering from abuse or maltreatment and to the child's family,
or both, and, in offering these services, explains to the family that the child
protective service has no legal authority to compel the family to accept
services;
(xvi) that, in those
cases in which an appropriate offer of services is refused and the child
protective services determines that the best interests of the child require
court action, the local district initiates such action or makes a referral to
the appropriate district attorney, or both;
(xvii) that the local district assists the
Family Court or the Criminal Court during all stages of the court proceeding,
in accordance with the purposes of title 6 of article 6 of the Social Services
Law;
(xviii) that the local
district provides or arranges for, coordinates and monitors rehabilitative
services for children and their families on a voluntary basis or under a final
or intermediate order of the Family Court according to the standards set forth
in paragraphs (b)(1)-(6) of this section;
(xviv) that the local child protective
service receives, in accordance with title 6 of article 6 of the Social
Services Law and paragraph (b)(2) of this section, reports of suspected abuse
or maltreatment on a 24-hour, seven-day-a-week basis;
(xix) that, in local districts in which oral
reports are made initially to the local child protective service, all reports
are immediately upon receipt transmitted orally or electronically to the State
Central Register;
(xx) that the
local child protective service has sufficient staff, of sufficient
qualifications, to fulfill the purposes of title 6 of article 6 of the Social
Services Law, and that with respect to such staff the local child protective
service has complied with the background review, educational, experience and
training requirements of subdivision (d) of this section;
(xxi) that, when necessary, the commissioner
of a local district gives consent for medical, dental, health or hospital
services for any child who has been found by the Family Court to be an abused
or neglected child or has been taken into or kept in protective custody or
removed from the place where such child is residing or who has been placed in
the custody of such commissioner, pursuant to section 417 of the Social Services Law or section 1022, 1024 or 1027 of the Family Court Act;
(xxii) that the local district conducts
continuing publicity and education programs for local department staff, persons
required to report cases of suspected abuse and maltreatment, and any other
appropriate persons, to encourage the fullest degree of reporting of suspected
child abuse or maltreatment, and that such educational programs include, but
are not limited to, subjects relating to the responsibilities, obligations and
powers imposed by title 6 of article 6 of the Social Services Law, as well as
the diagnosis of child abuse and maltreatment and the procedures of the child
protective services, the Family Court and other duly authorized
agencies;
(xxiv) that the local
district shall, when notified by a physician, take custody of any child treated
by such physician, whether or not additional medical treatment is required, if
such physician has reasonable cause to believe that the circumstances or
condition of the child are such that the continuation of the child in his place
of residence or in the care and custody of the parent, guardian, custodian, or
other person responsible for the child's care presents an imminent danger to
the child's life or health;
(xxv)
that the local district must, when notified by the person in charge of any
hospital or similar institution that such person has retained custody of a
child because such person has reasonable cause to believe that the
circumstances or conditions of the child are such that continuing in his/her
place of residence or in the care and custody of the child's parent, guardian,
custodian or other person responsible for the child's care presents an imminent
danger to the child's life or health, immediately commence an investigation,
and, if no further medical treatment is necessary, take all necessary measures
to protect the child's life and health, including, where appropriate, taking
custody of the child;
(xxvi) that
the local district has made a good faith effort to develop a written
understanding between the local district and the district attorney's office
which specifies the cooperative procedures to be followed by both parties in
investigating incidents of child abuse and maltreatment consistent with the
respective obligations for the investigation or prosecution of such incidents
as otherwise required by law, and in accordance with the responsibilities of
the child protective service as set forth in subdivision (b) of this
section;
(xxvii) that the local
district makes current procedural manuals and service directories available to
employees of the district's child protective service, service providers and
professionals involved in the prevention of child abuse and maltreatment;
and
(xxviii) that upon receipt of
written notice from the State Central Register that a report received by the
State Central Register on or after February 12, 1996 has been "unfounded," the
local district immediately seals the report and updates, as appropriate,
information regarding such report in other records of the district and informs,
for the same purposes, any other agency or person that received such report or
any information about such report, or for any report received by the State
Central Register prior to February 12, 1996, expunges the report and informs,
for the same purposes, any other agency or person that received such report or
information about such report. Legally sealed unfounded reports may be made
available only to:
(a) OCFS for the purpose
of supervising a social services district;
(b) OCFS and local or regional fatality
review team members for the purpose of preparing a fatality report pursuant to
section 20 or
422-b of the Social Services
Law;
(c) a local child protective
service, the OCFS, all members of a local or regional multidisciplinary
investigative team established pursuant to section 423 (6) of the Social
Services Law, or the Justice Center for the Protection of People with Special
Needs, when investigating a subsequent report of suspected abuse or
maltreatment involving a subject of the unfounded report, a child named in the
unfounded report, or a child's sibling named in the unfounded report;
(d) the subject of the report; and
(e) a district attorney, an assistant
district attorney, an investigator employed in the office of a district
attorney; or a sworn officer of the Division of State Police, or of a city,
county, town or village police department or of a county sheriff's office when
such official verifies that the report is necessary to conduct an active
investigation or prosecution of a violation of subdivision 4 of section 240.50 of the Penal Law. Information from
a legally sealed unfounded report that is relevant to the investigation of the
current report may be made a part of a subsequent report involving a subject of
the unfounded report, a child named in the unfounded report or a child's
sibling named in the unfounded report. Information from the legally sealed
unfounded report that is not made part of the subsequent report remains legally
sealed;
(xxix) that,
upon receiving a written request from the State Central Register for all
records, reports or other information maintained by the local child protective
service pertaining to an indicated report of child abuse and maltreatment, the
local child protective services provides such reports, records or information
to the State Central Register within no more than 20 calendar days of receiving
the request;
(xxx) that, for those
local districts approved for family assessment response, when a report received
by the State Central Register has been assigned to the family assessment
response track, the local district immediately seals the report and updates, as
appropriate, information regarding such report in records maintained by the
district and informs the State Central Register, any other agency or person
that received such report or any information about such report that the report
is legally sealed, in accordance with Social Services Law 427-a(4)(c)(i).
Legally sealed family assessment response reports shall be made available only
to:
(a) the social services district
responsible for the family assessment response track case;
(b) the child protective services staff of a
social services district that receives a subsequent report of suspected child
abuse and maltreatment involving the same subject or the same child or children
named in the family assessment response report. When the subsequent report has
been assigned to the investigative track and the family assessment response
report, record, or information is relevant to the investigation of the
subsequent report of suspected child abuse and maltreatment, such relevant
information may be used by the child protective services for its investigation
and may be included in the record of the investigation of the subsequent report
and used in a related family court action. Information from the family
assessment response case that is included in the record of the subsequent
report shall then be subject to all laws and regulations regarding
confidentiality that apply to the record of the subsequent
investigation;
(c) staff of OCFS
and persons designated by OCFS, which shall include:
(1) local or regional child fatality review
team members, provided that the child fatality review team is preparing a
fatality report pursuant to section 20 or
422-b of the Social Services
Law;
(2) all members of a local or
regional multidisciplinary investigative team established pursuant to section 423 (6) of the Social
Services Law, when investigating a subsequent report of suspected child abuse
or maltreatment involving a member of a family that was part of a family
assessment response, provided that only the information from the family
assessment response record that is relevant to the subsequent report be entered
into the record of the subsequent report, which is to be provided to the
multidisciplinary review team or agency; and
(3) citizen review panels, provided that any
information obtained shall not be re-disclosed and shall only be used for the
purposes set forth in section 371-b of the Social Services
Law;
(d) 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.
The report must be submitted to the court for inspection and such directions as
may be necessary to protect confidentiality, including but not limited to
redaction of portions of the record, and to determine any further limits on
re-disclosure;
(e) community-based
agencies that have contracts with the social services district to carry out
activities for the district under the family assessment response
track;
(f) providers of services
under the family assessment response track; and
(g) the subject of the report;
(xxxi) that the local district
authorizes a provider or coordinator of services to which it has referred a
child reported to the State Central Register to redisclose child protective
services information, including records, reports or other information, to other
persons or agencies providing services to the child and the family only if the
district has a written agreement with the provider or coordinator of services,
which includes the specific agencies and categories of individuals to whom
redisclosure by the provider or coordinator of services is authorized and which
has been reviewed and approved by OCFS; and
(xxxii) that nothing in article 27-F of the
Public Health Law limits a social services official's or agency's
responsibility or authority to report, investigate, or redisclose information
necessary for the provision or monitoring of child protective
services.
(4)
Documentation file. Each local district must maintain program information, in
the form of a documentation file, which must describe the operations of local
child protective services and which provides evidence as to the methods by
which the local district adheres to the legal assurances set forth in paragraph
(3) of this subdivision, in a format determined by OCFS. Such documentation
file must be made available to OCFS upon request.
(5) Procedures for review and approval of the
plan and annual implementation report. The procedures for the review and
approval of the plan and the annual implementation report shall be consistent
with the procedures cited in Part 407 of this Title.