(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;
(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.