The following is a summary of specific changes made to subchapter C of Chapter II of Title 18:

Section 404.1 is amended to permit providing services in a family assessment response without an application.

Part 428 is amended to require entering progress notes into the case record for cases addressed with family assessment response, paralleling the requirement to enter progress notes for child protective service investigations.

Section 432.1 is amended to update agency names, change terminology from “day services program” to “school-age child care program,” add family assessment response as a category of rehabilitative service, and to add family assessment response as one of the activities considered to be protective services for children. Also, some existing definitions are amended, both to comply with the implementation of family assessment response and to update some definitions, and new definitions are added regarding family assessment response. Amended definitions are:

• Caseload

• Legally sealed unfounded report (changed to legally sealed report, to include all family assessment response reports.

New definitions are:

• Family assessment response

• Family assessment response track

• Investigative track

• Family Led Assessment Guide (FLAG)

• Wraparound funding

• OCFS (changes terminology of “the department” and “the Office” to OCFS throughout the section)

• State Central Register (changes several forms of reference to the Statewide Central Register of Child Abuse and Maltreatment to this terminology throughout the section)

• CONNECTIONS (establishes the use of this name for the electronic data base used for several child welfare services.)

Subdivisions 432.2(b)-(d) are amended to:

• assign sole responsibility for family assessment response to the child protective service;

• require that a family assessment response be initiated within 24 hours of receipt of a report, as is required for an investigation;

• require that, when searching a family’s prior history of abuse or maltreatment, searches of legally sealed reports also include reports for family assessment response;

• delete references to child protective investigations being conducted by a society for the prevention of cruelty to children;

• change references to a “local register” to reflect that the entry of information into CONNECTIONS meets the statutory requirements to maintain a local register;

• limit certain requirements regarding the performance of risk assessments to cases assigned to the investigative track

• delete a list of specific elements that must be considered in performing risk assessments, substituting a statement that risk assessments must be performed as specified by OCFS

• include family assessment response in a paragraph regarding intra- and inter-agency agreements

Subparagraph 432.2(e)(5)(ii) is amended to implement Chapter 525 of the Laws of 2006 regarding training and qualifications of child protective service staff. To comply with sections 421(4) and (5) of the Social Services Law, the amended regulations require that all child protective services workers complete at least six hours of OCFS-approved in-service training every year, starting in the second year of their employment. They require supervisors of protective services, within three months of employment as a supervisor, to complete an OCFS-approved course in the fundamentals of supervising and managing child protective practice, to complete child protective services core training if they have not already done so, and to participate in annual in-service training specifically focused on child protective supervisors. Social services districts must document the training. The regulations additionally establish minimum qualifications for child protective supervisory staff, requiring a baccalaureate or equivalent degree and a minimum of two years of experience in child welfare services.

Subparagraphs 432.2(e)(5)(iv-vii) are repealed, removing regulations regarding enhanced reimbursement pursuant to section 153-g(1)(b) of the Social Services Law, reflecting that there is no longer enhanced reimbursement.

Paragraph 432.2(e)(6) is amended to remove language specifying the amount and manner of payment of the fee when an applicant for employment requests a search of the records of the Statewide Central register of Child Abuse and Maltreatment, replacing it with language allowing OCFS to specify the amount and manner of payment.

Subparagraph 432.2(f)(2)9(vii) is amended to limit the provision of records to law enforcement and the district attorney to those records associated with cases assigned to the investigative track, to comply with section 427-a of the Social Services Law.

Subparagraph 432.2(f)(3)(ii) is amended by removing from the list of agencies that can receive information from legally sealed unfounded reports references to the Commission on Quality of Care and the Department of Mental Hygiene and adding the Justice Center for the Protection of People with Special Needs.

Subdivision 432.2(f) is further amended to exclude reports assigned to the family assessment response track from existing requirements to provide notifications of the existence of a report and of the determination of an investigation.

A new subparagraph 432.2(f)(3)(xxx) is added, stipulating that records for cases assigned to family assessment response are legally sealed and specifying the circumstances in which information from those records can be made available and to whom they can be made available.

Section 432.3 is amended to reflect that entering information into CONNECTIONS is the primary method of communications between the child protective service and the SCR. The requirement for child protective services to provide requested records to the SCR within 20 working days is changed to 20 calendar days. A new requirement, reflecting current practice, is added to submit 24 hour and 30 day fatality reports following a child fatality.

Section 432.12 is amended to exclude family assessment response reports from existing requirements regarding the information to be provided to a mandated reporter who requests the findings of an investigation of a report made by the mandated reporter and establishes standards for the provision of information when requested by a mandated reporter for reports that have been assigned to the family assessment report track.

A new section 432.13 is added to Part 432 to provide standards for the implementation of a family assessment response program in a manner that, to the extent possible, is guided by the values of the family assessment response approach. The major provisions of the implementing regulations are as follows:

Subdivision 432.13(a) provides a general description of family assessment response. It describes the responsibilities involved in conducting a family assessment response and stipulates that reports assigned to family assessment response are not subject to the requirements of a child protective service described elsewhere in the regulations, except as specified in those regulations and in sections 422, 426, and 427-a of the Social Services Law.

Subdivision 432.13(b) requires that OCFS approve the application of any social services district wishing to implement family assessment response before it can implement the program. OCFS may revoke its approval if the district does not comply with requirements established by law, these regulations or by OCFS, but only after having consulted with the district to assist them resolve compliance issues. Such district may submit a new application, after resolving the compliance issues. The decision to apply to implement family assessment response is voluntary and optional; a district with a family assessment response program may terminate its program at any time. Such a district may re-apply at any time.

This subdivision requires a district to determine the scope and size of its family assessment response program, to determine the criteria it will use to screen which reports are eligible for the family assessment track, and to develop a written protocol that will guide its practices for determining the most appropriate assignment of reports.

Subdivision 432.13(c) specifies procedures and activities that must be conducted or are recommended before confirming the assignment of a report to the family assessment response track. These include intake procedures and initial track assignment, followed by notification to and provision of information about family assessment response to the family, completion of an initial safety assessment, in which children must be found to be safe in their homes, review of records, and the agreement by the family to assign the report to family assessment response and to cooperate in the response. It describes the procedures for changing from family assessment response to an investigation once the assignment has been confirmed.

Subdivision 432.13(d) establishes procedures for the completion of the initial safety assessment, including the requirement that it be initiated within 24 hours and completed within seven days. Ongoing assessment of safety is required throughout the family assessment response.

Subdivision 432.13(e) specifies how to conduct a family assessment response. It describes activities to be performed as part of a family assessment response, including providing specific information to families eligible to participate in a family assessment response, practicing family engagement, completing a Family Led Assessment Guide, providing on-going risk assessment, focusing on solutions to the family’s needs, offering needed services, providing wraparound goods and services, and notifying the family when its case is closed. These rules also establish standards for when a family assessment response case should be closed, and require bi-weekly casework contacts and specific documentation when a case remains open longer than 90 days.

This subdivision establishes minimum standards for documenting reports assigned to the family assessment response track. It also specifies circumstances that would require a child protective service to end the provision of a family assessment response and initiate an investigation, and establish the procedures for doing that.

Subdivision 432.13(f) establishes rules for the administration and organization of family assessment response programs. It establishes minimum staffing requirements, including minimum education and training requirements. Staff must be trained in child protective services. They must complete training in family assessment response, as determined by OCFS.

This subdivision requires local districts applying to commence or expand implementation of family assessment response to plan for their organization, staffing, and case assignment process and, where any workers may be assigned to both family assessment responses and investigations, plan measures to maintain the integrity of both approaches. Upon the request of OCFS, districts must provide these plans in written format.

This subdivision requires local districts to comply with any requirements for quality assurance that are established by OCFS.

This subdivision establishes that a local district may, with the approval of OCFS, contract with community-based organizations for the provision of certain activities conducted as part of a family assessment response, and specifies certain features that must be part of any such contract.

Subdivision 432.13(g) specifies that family assessment response records are legally sealed and describes the circumstances under which information from those records can be accessed and by whom as well as the restrictions on re-disclosure of such information, in order to comply with Chapter 377 of the Laws of 2011.

1. Statutory authority:

Section 20(3)(d) of the Social Services Law (SSL) authorizes the Office of Children and Family Services (OCFS) to establish rules, regulations and policies to carry out its powers and duties under the SSL.

Section 34(3)(f) of the SSL requires the OCFS Commissioner to establish regulations for the administration of public assistance and care within the State.

Section 427-a(1) of the SSL authorizes social services districts, upon approval from OCFS, to establish programs that implement a differential response to reports of child abuse and maltreatment. Section 427-a(2) of the SSL states that the criteria for a social services district to participate in differential response (called family assessment response) will be determined by OCFS. Section 427-a requires that the criteria used by a social services district for determining which cases to place in a family assessment response track be developed in conjunction with OCFS.

Section 421(4) of the SSL, as amended by Chapter 525 of the Laws of 2006 requires OCFS, after consultation with local departments of social services, to promulgate regulations relating to qualifications for newly hired child protective services supervisors that meet at least minimum standards established in Chapter 525. Section 421(5) of the SSL directs OCFS to implement training programs for people employed in child protective services and to set training requirements for all people hired by a child protective service. Chapter 525 of the Laws of 2006 amended Section 421(5) to add new training requirements for child protective services supervisors and new annual in-service training requirements for both child protective services supervisors and caseworkers.

Chapter 501 of the Laws of 2012 changes certain provisions of Section 490 of the SSL that contain procedures and responsibilities of taking and addressing certain reports alleging child abuse or maltreatment.

2. Legislative objectives:

Chapter 452 of the Laws of 2007 created family assessment response as a temporary program in which social services districts, other than New York City, were authorized to apply to OCFS to provide a differential response to reports of child abuse and maltreatment. Chapter 45 of the Laws of 2011 made the program permanent and expanded eligibility to New York City. Chapter 377 of the Laws of 2011 establishes standards regarding the confidentiality of FAR records. The proposed regulations are necessary to further the objectives of the Legislature by establishing new rules necessary to implement these laws.

The proposed regulations also amend existing regulations, as necessary, to: 1)conform with the legislation authorizing family assessment response, 2) include family assessment response as a permissible activity of a child protective service, 3)specify instances in which existing regulations that apply to investigatory responses will also apply to family assessment response, and 4) exclude family assessment response from certain existing requirements where they conflict with the statutory requirements found in Sections 422, 426, and 427-a of the SSL.

The proposed regulations implement Chapter 525 of the Laws of 2006, which requires OCFS to promulgate staff qualifications and set training requirements for employees of child protective services programs that are in compliance with that Chapter. They also make changes to comply with the provisions of Chapter 501 of the Laws of 2012 regarding the role of the Justice Center for the Protection of People with Special Needs.

The proposed regulations also remove obsolete rules for programs that no longer exist and update terminology, such as changes of the names of various agencies, including OCFS.

3. Needs and benefits:

The availability of family assessment response provides an alternative option to a social services district for addressing the underlying needs of families who become involved in the child welfare system as a result of a report of alleged child abuse or maltreatment. It provides child protective services units with greater flexibility to tailor responses to reports of alleged child maltreatment to the specific needs of each family. In a family assessment response approach there is no determination of blame for possible maltreatment, which can enhance the ability of child protective service workers to gain the trust of families they are working with and focus on the arrangement of goods and services necessary to help stabilize the family and enhance the safety of children. Families that become involved in the child welfare system, who may feel threatened and respond negatively to a traditional child protective investigation they view as trying to find them ”guilty” of abusing or maltreating their children, can be offered an alternative in which they are treated as partners in a quest to reduce risk to their children. Because this approach is new to many social services districts in the state and is very different from that used in an investigative approach to reports of child abuse and maltreatment, the proposed regulations are necessary to provide guidance to social services districts.

The proposed regulations are also needed to amend current regulations to include family assessment response as a child protective service. The amended rules indicate, as needed, where existing rules apply to family assessment response and where they apply only to reports assigned to the investigative track.

An additional benefit of the proposed regulations is that they provide increased flexibility for OCFS to make changes in certain child protective procedures as circumstances warrant. For example, they remove the specification of the elements that must be included in a risk assessment profile, which will allow OCFS to make changes in the risk assessment profile in the future, if warranted; they also remove the regulatory restriction on the means of payment for searches of the statewide register of child abuse and maltreatment, which will permit the possible future use of credit card payments or other payment methods. The proposed regulations also remove rules for enhanced funding for child protective services, which no longer exists, and change terminology and procedures to reflect changed circumstances, such as the conversion from reliance on paper records to the use of electronic communication of information.

The proposed regulations will also benefit New York’s children and families by establishing qualifications and training requirements for child protective services supervisors and caseworkers that will assist them in carrying out their duties with a higher level of expertise. Current regulations, requiring a child protective service supervisor to have either a baccalaureate degree or one year of relevant experience in child welfare services, are inadequate and no longer meet statutory requirements established by Chapter 525 of the Laws of 2006. The proposed regulations increase the minimum qualifications, so that newly hired child protective service supervisors will have the knowledge and tools necessary to succeed in their responsibilities to protect the safety of children.

The proposed regulations also implement statutory changes that require in-service training for child protective services caseworkers and supervisors, which will help them in addressing the important and complex problems they encounter in their daily work. The regulations also implement the statutory requirement for most current and all newly hired child protective services supervisors to successfully complete a course regarding the effective supervision of child protective casework, which will help them develop the skills and knowledge necessary to effectively direct case management and to coach and monitor caseworkers.

The proposed regulations address the new role of the Justice Center for the Protection of People with Special Needs, which will enhance the protection of vulnerable persons in New York.

4. Costs:

All changes included in these proposed regulations are already fully implemented in existing practice by OCFS and local social services districts. These practices are currently supported by existing funding levels. As a result, it is anticipated that these proposed regulations will carry no additional state or local fiscal impact.

5. Local government mandates:

The proposed regulations for the implementation of family assessment response will apply only to those counties that voluntarily choose to implement that approach and are approved by OCFS. Those districts that choose to implement a family assessment response approach will be required to adhere to procedures and work activities that are commensurate with, although in some respects different than, those that are currently required for addressing reports of alleged child abuse or maltreatment with an investigation.

The proposed regulations include the requirements for the training of child protective services staff that were established by the enactment of Chapter 525 of the Laws of 2006. Child protective services staff are required to attend at least six hours of in-service training annually. All new and most current child protective services supervisors are required to attend a one-time training, if they have not already done so. This has already been implemented; the training spans one to two weeks, depending on the supervisor’s previous training. In addition, in accordance with the results of a survey of local districts, the regulations require new child protective services supervisory staff to have, at a minimum, a baccalaureate degree and two years of relevant work experience in child welfare services. Currently, almost all local districts have established qualifications as rigorous as these new standards; a few districts may have to change their minimum qualifications to meet these standards.

6. Paperwork:

No new paperwork is required by the proposed regulations other than keeping a record of the additional training classes attended by child protective services caseworkers and supervisors.

7. Duplication:

The proposed regulations do not duplicate any existing federal or state requirements.

8. Alternatives:

With respect to the proposed regulations for the implementation of family assessment response, there were no significant alternatives to be considered because the regulations are necessary to provide rules and guidance to implement the requirements created by law in Sections 422, 426, and 427-a of the Social Services Law. The proposed regulations are based on the experiences of OCFS, the 28 social services districts that had implemented family assessment response at the time that these regulations have been submitted, and the experiences of other states that have implemented dual response programs in the last several years. Many of the procedures required in the proposed regulations parallel those required for an investigative response to reports of suspected child abuse and maltreatment, but conform to the alternative approach established in SSL Section 427-a.

With respect to the proposed regulations for the training of child protective services supervisors and caseworkers, new training requirements are promulgated by Chapter 525 of the Laws of 2006 amending sections 421(4) and (5) of the SSL; therefore no alternatives could be considered.

With respect to the proposed regulations for the minimum qualifications for child protective services supervisors, these standards were chosen after conducting a survey of social services districts across New York State and are consistent with the recommendations made by all districts that responded, except one, and reflect current practice in most districts. The alternative of using the statutory minimum standard was determined to be insufficient, in light of the recommendations made by the social services districts.

9. Federal standards:

There are no federal standards regarding the issues addressed in the proposed regulations.

10. Compliance schedule:

All regulations will go into effect immediately.

Local districts that have already implemented family assessment response have been adhering to the procedures described in the proposed regulations, in accordance with the current legislation or OCFS policy. Proposed changes regarding training of child protective staff were implemented after the associated legislation was passed in 2006; OCFS already provides the required training.

1. Effect of rule:

The 58 social services districts (districts) of New York State will be affected by the proposed regulations. Only those social services districts that choose to implement family assessment response will be affected by the new section 432.13 of the proposed regulations, which promulgates rules and guidelines for family assessment response. The decision about whether to implement family assessment response is voluntary on the part of each social services district, and a district that has opted to implement family assessment response may at any time decide to cease implementing that approach. The regulations, in accordance with Section 427-a of the SSL, offer social services districts that choose to implement family assessment response the option of contracting with community based businesses to conduct some, but not all, of their family assessment response activities, with the approval of OCFS. A few social services districts currently contract with small businesses to perform some of their family assessment response activities; others may choose to do so in the future.

The new Section 432.13 of the proposed regulations, which provides rules and guidelines to assist districts to effectively implement family assessment response, requires districts that choose to implement this alternative response to reorganize their child protective service units, develop written protocols, provide time for formal and informal training in family assessment response, and meet with community stakeholders to inform them about family assessment response. The regulations require those districts, when receiving a report alleging child abuse or maltreatment which they assign to a family assessment response, to engage in actions that parallel those of traditional child protective investigations but, in some aspects, differ from the procedures for investigations. The regulations require initial safety assessments and ongoing assessments of safety and risk, documentation of work, intensive contact with client families, assisting families to obtain, to the extent practicable, goods and services they believe will stabilize the family thereby reducing future risk for children, and ongoing assessment of the effectiveness of their procedures.

The amended regulations in section 432.2(e)(5) bring current rules into compliance with Chapter 525 of the Laws of 2006. The proposed rules increase the minimum qualifications for all newly hired child protective services supervisors, which may have a minimal impact on the future ability of districts to hire child protective services supervisors; however, most jurisdictions have locally-imposed minimum qualifications for child protective supervisors that are equal to or more rigorous than those in the proposed regulations.

Other proposed rule changes will have no effect on current practices or requirements for local governments.

The proposed regulations will have no impact on small businesses other than those community-based businesses that voluntarily contract to perform any of the family assessment response activities that social services districts are permitted to contract out; such businesses must adhere to these regulations. Staff in such organizations who will work in family assessment response and do not have training in child protective services must obtain such training as well as training in family assessment response. All such training is provided by and paid for by OCFS.

2. Compliance requirements:

Social services districts that choose to implement family assessment response programs will be required to adhere to the requirements found in the new section 432.13 of the proposed regulations, which implements SSL Sections 422, 426, and 427-a. The proposed family assessment response regulations generally parallel the requirements that apply to traditional child protective services investigations of reports alleging abuse and maltreatment, but differ from existing requirements, as necessary, in order to provide an alternative response to reports of alleged child abuse and maltreatment. The proposed regulations require those districts using the family assessment response to develop criteria for assigning reports to family assessment response and a protocol for applying the criteria. The regulations require them to submit an application/plan to OCFS for its approval; districts that submit such an application will have to devote time and staff to planning and writing. Participating social services districts may need to reorganize their child protective service units to accommodate one or more units that will provide family assessment response. Staff who will be engaged in family assessment response must obtain a few days of additional training. Similar to the procedures that occur when a child protective service addresses a report alleging child abuse or maltreatment with an investigation, participating districts must ensure that their child protective service conducts an initial safety assessment, provides information to the family about the report of child abuse or maltreatment in which they are named and about family assessment response, and complies with reporting procedures, which are slightly different for family assessment response than they are for traditional child protective investigations.

To comply with Chapter 525 of the Laws of 2006, the proposed regulations contain new requirements regarding training and qualifications that apply to all child protective services. The new rules require all child protective services staff, including supervisors and caseworkers, to attend six hours of in-service training annually. Current child protective services supervisors who have not already done so and all newly hired child protective services supervisors will be required to attend a one-time training of one to two weeks specifically tailored for such supervisors. Newly hired child protective services supervisors will be required to have a baccalaureate degree and a minimum of two years of relevant work experience in child welfare services.

3. Professional services:

The proposed regulations do not create the need for any additional professional services to be provided by small business or local governments. No additional staff will be required.

4. Compliance costs:

All changes included in these proposed regulations are already fully implemented in existing practice by OCFS and local social services districts. These practices are currently supported by existing funding levels. As a result, it is anticipated that these proposed regulations will carry no additional state or local fiscal impact.

5. Economic and technological feasibility:

The proposed regulations will not impose any additional economic or technological burdens on local governments or small businesses.

6. Minimizing adverse impact:

OCFS provides ongoing technical assistance and all training required to implement family assessment response. OCFS conducts regular agency-wide monthly telephone conference meetings with social services district family assessment response staff, designates regional office staff who are available to provide technical assistance to each participating local district, and ensures that central and regional office staff are accessible to answer any questions or address any issues about family assessment response that may arise. OCFS provides numerous resource materials to assist districts in implementing family assessment response and provides periodic coaching and quality review sessions to support the family assessment response work of social services districts. In order to reduce the local districts’ costs for time and travel, all required family assessment response training is paid for by OCFS and is provided online, on-site, or to the extent practicable, in close proximity to wherever the staff receiving the training is located. OCFS is implementing a major restructuring of CONNECTIONS, its electronic record-keeping system for child welfare, which will facilitate record keeping for family assessment response, and will provide all necessary associated training when those changes are put into effect. OCFS maintains internal and external family assessment response web pages that are easily accessible to child welfare staff to provide information about family assessment response; they allow child protective staff to access sample documents, tools, and a variety of information to assist in the implementation of family assessment response. OCFS periodically organizes statewide symposiums on family assessment response that social services districts are invited to participate in.

OCFS provides the training that meets the statutory and regulatory requirements for the training that all child protective supervisors must successfully complete, and also provides many training classes that can be used to fulfill the requirement for all child protective services workers and supervisors to complete six hours of annual in-service training. OCFS pays for travel costs associated with its training whenever local district staff must travel significant distances to obtain the training. OCFS has also increased the availability of online training in order to make training accessible to districts while minimizing the time and transportation costs necessary for training employees.

7. Small business and local government participation:

OCFS has consulted extensively with local social services districts about the proposed regulations. OCFS staff meets regularly with the staff of social services districts that are implementing or considering implementing family assessment response to discuss all aspects of their practice, and the agency maintains an ongoing dialogue with local districts to discuss any issues, questions or concerns that may arise regarding this alternative approach. In the past several months, OCFS has provided all counties with drafts of the proposed regulations and provided each district with an opportunity to submit questions and comments and participate in an in-depth discussion of the proposed regulations. As a result of those discussions, OCFS has taken the local districts concerns into consideration and made several revisions to the proposed regulations.

Following the enactment of Chapter 525 in 2006, OCFS consulted with all local district child protective services in the state regarding the section of the proposed regulations describing the minimum qualifications for supervisors in child protective services. The proposed regulations reflect the consensus of opinion of those local districts that expressed an opinion.

1. Types and estimated numbers of rural areas:

The proposed regulations will apply to all social services districts in the state, including those that are in rural areas. Regarding the new section 18 NYCRR 432.13 in the proposed regulations, the decision about whether to implement a family assessment response program is voluntary on the part of each county; therefore, the total number of rural counties that will be affected by those sections of the proposed regulations providing rules for family assessment response is unknown.

Section 432.13 of the proposed regulations promulgates rules and guidelines to assist districts to effectively implement family assessment response. These regulations require districts that choose to implement this alternative response to reorganize their child protective service units, develop written protocols, provide time for formal and informal training, and meet with community stakeholders. The regulations also require actions that parallel those of traditional child protective investigations but, in some aspects, differ from the investigation procedures. The proposed regulations require initial safety assessments and ongoing assessments of safety and risk, documentation of work, intensive contact with client families, as needed, and ongoing assessment of the effectiveness of family assessment response procedures.

The amended regulations in section 432.2(e)(5), which raise the qualifications for all newly hired child protective services supervisors, may have a minimal impact on the future ability of districts, including those in rural areas, to hire child protective services supervisors; however, most jurisdictions, including in rural areas, have locally-imposed minimum qualifications for child protective supervisors that are equal to or more rigorous than those in the proposed regulations. Other changes in this section bring current rules regarding training requirements for child protective service workers into compliance with existing statutory requirements and will not affect rural areas.

Other proposed rule changes that update child protective services regulations will have no effect on current practices or requirements in rural areas.

2. Reporting, recordkeeping and other compliance requirements; and professional services:

Only those social services districts that voluntarily choose to implement family assessment response programs will be required to comply with the procedures in the regulations found in the new Section 432.13. The proposed requirements for family assessment response generally parallel the requirements that apply to traditional child protective services investigations of reports alleging abuse and maltreatment, but differ from existing requirements in several respects so as to provide for an alternative response to reports of alleged abuse and maltreatment, as describe in sections 422, 426, and 427-a of the SSL. The proposed regulations require districts that choose to use family assessment response to develop criteria for assigning reports to family assessment response and a protocol for applying the criteria. These districts must submit an application/plan to OCFS for its approval, which requires them to devote staff and time for planning. Participating social services districts must reorganize their child protective service units to accommodate one or more units that will provide family assessment response. These districts must also provide staff time for formal and informal training in family assessment response. When a local district offers family assessment response, it will be required to provide information to the family about the report of child abuse or maltreatment in which they are named, paralleling information currently provided to families in CPS investigations, and also about family assessment response. The proposed regulations do not contain additional reporting requirements for family assessment response, but the reporting procedures are slightly different than those used in traditional child protective investigations.

To comply with an amendment to Section 421(5) of the Social Services Law enacted in Chapter 525 of the Laws of 2006, the proposed regulations require all child protective services staff, including supervisors and caseworkers, to attend six hours of in-service training annually. As also required by Chapter 525, current child protective services supervisors who have not already done so and all newly hired supervisors are required to attend a one-time training, of one to two weeks, designed for these supervisors. OCFS provides training that fulfills these requirements, but the local district is responsible for any travel expenses incurred. In addition, the proposed regulations establish new qualification standards, as per Chapter 525 of the Laws of 2006, for newly hired child protective services supervisors. They will be required to have a baccalaureate degree and a minimum of two years of relevant work experience in child welfare services.

Other proposed changes in the regulations are technical in nature and require no new requirements or changes in current practices.

These regulations add no requirements for additional professional services in rural areas.

3. Costs:

All changes included in these proposed regulations are already fully implemented in existing practice by OCFS and local social services districts. These practices are currently supported by existing funding levels. As a result, it is anticipated that these proposed regulations will carry no additional state or local fiscal impact.

4. Minimizing adverse impact:

The proposed regulations are not expected to result in any adverse impacts on rural areas. The implementation of family assessment response by any rural county is optional and voluntary. Rural social services districts that implement family assessment response will have increased flexibility in how they address reports alleging child maltreatment; districts will be able to tailor their response to the individual circumstances of each family, providing the response that is most likely to help the family, provide safety for their children, and minimize the likelihood of future reports of alleged abuse or maltreatment for those families.

It is possible, but not likely, that the increase in qualifications for child protective services supervisors promulgated in these regulations could make it slightly more difficult to find qualified individuals for these positions in rural areas, but children in those areas will benefit from the new requirement. Most rural areas already use standards equal to or more rigorous than those in the proposed regulations. The provisions in the proposed regulations requiring increased training for child protective services workers and supervisors are consistent with and reflect existing law; they should improve the overall quality of casework practice and increase the support that caseworkers receive from their supervisors.

All training required by these regulations is paid for by OCFS and is provided online, on-site, or as close as possible to the agency whose staff is receiving the training, in an effort to reduce travel by staff in rural counties.

5. Rural area participation:

All county departments of social services, including those in all rural areas, were consulted regarding the proposed rules for implementing family assessment response, the changes in qualifications for child protective supervisors, and all other changes proposed. OCFS twice provided drafts of the proposed regulations to all social services districts for their review, and revised the proposed regulations after each review in response to comments received. OCFS also surveyed every social services district regarding their own minimum qualifications for persons hired as child protective services supervisors and what they believed should be the new minimum qualifications statewide.

A full job impact statement has not been prepared for the proposed regulations. The proposed regulations would not result in the loss of any jobs and the regulations will not have a substantially adverse impact on jobs or employment opportunities.