N.Y. Social Services Law § 421: Responsibility of the office

§ 421. Responsibility of the office. The office shall: 1. in

conjunction with local departments, both jointly and individually,

within the appropriation available, conduct a continuing publicity and

education program for local department staff, persons and officials

required to report including district attorneys, assistant district

attorneys, police officers, peace officers, investigators employed in

the office of a district attorney, and any other appropriate persons to

encourage the fullest degree of reporting of suspected child abuse or

maltreatment. Such program shall be developed and implemented in

coordination with those established pursuant to section 31.06 of the

mental hygiene law, section twenty-eight hundred five-n of the public

health law, section thirty-two hundred nine-a of the education law,

sections two hundred fourteen-a and eight hundred forty of the executive

law and article eleven of this chapter. The program shall include but

not be limited to responsibilities, obligations and powers under this

title and chapter as well as the diagnosis of child abuse and

maltreatment, the procedures of the child protective service, the family

court and other duly authorized agencies and the prevention, treatment

and remediation of abuse and maltreatment of children in residential

care.

2. (a) provide technical assistance to local social services

departments regarding case planning and provision of services and

performance of other responsibilities pursuant to this title. Such

assistance shall be provided on a regular, ongoing basis and shall also

be made available as needed, upon request of any such local department.

(b) issue guidelines to assist local social services departments in

evaluating and establishing investigative priorities for reports

describing situations or events which may pose a clear and present

danger to the life, health or safety of a child and which require

immediate, personal contact between the local child protective service

and the subject of the report, the subject's family, or any other

persons named in the report.

(c) issue guidelines to assist local child protective services in the

interpretation and assessment of reports of abuse and maltreatment made

to the statewide central register described in section four hundred

twenty-two of this article. Such guidelines shall include information,

standards and criteria for the identification of evidence of alleged

abuse and maltreatment as required to determine whether a report may be

indicated pursuant to this article. Provided further, the office of

children and family services shall update such guidelines, standards and

criteria issued to the local child protective services to include

protocols to reduce implicit bias in the decision-making processes,

strategies for identifying adverse childhood experiences as defined in

paragraph (c) of subdivision one of section twenty-d of this chapter,

guidelines to assist in recognizing signs of abuse or maltreatment while

interacting virtually, and guidance on identifying an abused or

maltreated child when such child is an individual with an intellectual

or developmental disability as defined in section 1.03 of the mental

hygiene law. The office may utilize existing programs or materials

established pursuant to section twenty-d of this chapter.

3. * promulgate regulations setting forth requirements for the

performance by local social services departments of the duties and

powers imposed and conferred upon them by the provisions of this title

and of article ten of the family court act. Such regulations shall

establish uniform requirements for the investigation of reports of child

abuse or maltreatment under this title. The department shall also issue

guidelines which shall set forth the circumstances or conditions under

which:

* NB Effective until December 12, 2026

* promulgate regulations setting forth requirements for the

performance by local social services departments of the duties and

powers imposed and conferred upon them by the provisions of this title

and of article ten of the family court act. Such regulations shall

establish uniform requirements for the investigation of reports of child

abuse or maltreatment under this title. The office of children and

family services shall also issue guidelines which shall set forth the

circumstances or conditions under which:

* NB Effective December 12, 2026

(a) personal contact shall be made with the child named in the report

and any other children in the same household, including interviewing

such child or children absent the subject of the report whenever

possible and appropriate;

(b) photographs of visible physical injuries or trauma of children who

may be the victims of abuse or maltreatment shall be taken or arranged

for;

(c) medical examination of a child who may be a victim of abuse or

maltreatment and documentation of findings of such examination, shall be

required.

* The department shall promulgate regulations to establish standards

for intervention, criteria for case closings, criteria for determining

whether or not to initiate a child protective proceeding, and criteria

for the formulation of treatment plans and for the delivery of child

protective services including specification of the services to be

classified as child protective services, which shall also apply to any

society for the prevention of cruelty to children which has entered into

a currently valid contract with a local department of social services to

investigate child abuse or maltreatment reports. The department shall

promulgate regulations establishing minimum standards and practices for

the delivery of child protective services in connection with monitoring

and supervising respondents and their families as ordered by a family

court pursuant to section ten hundred thirty-nine and paragraphs (i),

(iii), (iv) and (v) of subdivision (a) of section ten hundred fifty-two

of the family court act. Such regulations shall also require local child

protective services to comply with notification requirements of the

family court act in connection with such monitoring and supervisory

responsibilities.

* NB Effective until March 12, 2026

* The office of children and family services shall promulgate

regulations to establish training requirements for child protective

services workers consistent with subdivision five of this section,

standards for intervention, criteria for case closings, criteria for

determining whether or not to initiate a child protective proceeding,

and criteria for the formulation of treatment plans and for the delivery

of child protective services including specification of the services to

be classified as child protective services, which shall also apply to

any society for the prevention of cruelty to children which has entered

into a currently valid contract with a local department of social

services to investigate child abuse or maltreatment reports. The office

of children and family services shall promulgate regulations

establishing minimum standards and practices for the delivery of child

protective services in connection with monitoring and supervising

respondents and their families as ordered by a family court pursuant to

section ten hundred thirty-nine and paragraphs (i), (iii), (iv) and (v)

of subdivision (a) of section ten hundred fifty-two of the family court

act. Such regulations shall also require local child protective services

to comply with notification requirements of the family court act in

connection with such monitoring and supervisory responsibilities.

* NB Effective March 12, 2026

4. (a) after consultation with the local child protective services,

promulgate regulations relating to staff qualifications for

non-supervisory child protective services workers, prescribing any

baccalaureate or equivalent college degree and/or relevant human service

experience as requirements. Such requirements shall not apply to persons

currently employed by such child protective services who were hired

before January first, nineteen hundred eighty-six.

(b) after consultation with the local child protective services,

promulgate regulations relating to staff qualifications for those

assigned to be supervisors of child protective services, prescribing any

baccalaureate or equivalent college degree and/or relevant human

services experience as requirements. Provided, however, that such

regulations shall at a minimum provide that those assigned to be

supervisors of child protective services have either a baccalaureate

degree or three years of relevant work experience in a human services

field. Such requirements shall not apply to persons currently assigned

to be a child protective services supervisor who were hired before

December first, two thousand six.

5. (a) directly or through the purchase of services, implement,

subject to the amounts appropriated therefor, an ongoing, statewide

training program for employees of the department and of each local

department of social services employed in the provision and supervision

of child protective services or in other activities required in

accordance with the provisions of this title.

* (b) promulgate regulations setting forth training requirements which

shall specify, among other things, that all persons hired by a child

protective service on or after April first, nineteen hundred eighty-six

shall have satisfactorily completed a course approved by the department

within the first three months of employment, in the fundamentals of

child protection, provided, however, that on or after April first, two

thousand twenty-five, such course may be satisfactorily completed

through distance learning methods which evince that all participants are

in attendance for the duration of the course and are able to ask

questions of the instructor. Each county shall be authorized to adopt a

local law, ordinance or resolution to provide for a local department of

social services to fulfill the training requirement established by this

paragraph through a distance learning method, excluding the annual in

service training requirement. Such course shall include at least basic

training in the principles and techniques of investigations, including

relationships with other investigative bodies, legal issues in child

protection, and methods of remediation, diagnosis, treatment and

prevention. Such regulations shall also specify that all persons

employed by a child protective service on or after December first, two

thousand six shall satisfactorily complete six hours of annual in

service training, beginning in their second year of employment. Such

annual in service training shall include, but is not limited to, review

of the protocols for identification and investigation of child abuse and

maltreatment, any developments in legal, treatment and prevention issues

in child protection, and review and analysis of field experiences of

child protective services workers.

* NB Effective until December 12, 2026

* (b) promulgate regulations setting forth training requirements which

shall specify, among other things, that all persons hired by a child

protective service on or after April first, nineteen hundred eighty-six

shall have satisfactorily completed a course approved by the office of

children and family services within the first three months of

employment, in the fundamentals of child protection, provided, however,

that on or after April first, two thousand twenty-five, such course may

be satisfactorily completed through distance learning methods which

evince that all participants are in attendance for the duration of the

course and are able to ask questions of the instructor. Each county

shall be authorized to adopt a local law, ordinance or resolution to

provide for a local department of social services to fulfill the

training requirement established by this paragraph through a distance

learning method, excluding the annual in service training requirement.

Such course shall include at least basic training in the principles and

techniques of investigations, including relationships with other

investigative bodies, legal issues in child protection, and methods of

remediation, diagnosis, treatment and prevention. Such regulations shall

also specify that all persons employed by a child protective service on

or after December first, two thousand six shall satisfactorily complete

six hours of annual in service training, beginning in their second year

of employment. Such annual in service training shall include, but is not

limited to, review of the protocols for identification and investigation

of child abuse and maltreatment, any developments in legal, treatment

and prevention issues in child protection, and review and analysis of

field experiences of child protective services workers.

* NB Effective December 12, 2026

(c) require all persons assigned to be a supervisor by a child

protective service on or after April first, nineteen hundred eighty-six,

shall have satisfactorily completed, within the first three months of

employment as a supervisor or within three months of the effective date

of this paragraph, whichever shall occur first, a course in the

fundamentals of child protection developed by the office of children and

family services. Such training course shall, among other things,

strengthen and expand current training procedures for child protective

service supervisors; provide the skills, knowledge and standards to

practice effective case planning and case management; provide

comprehensive assessment tools needed in critical decision making;

require participation in the existing next generation training required

by child protective service caseworkers; strengthen recognition and

response to safety and risk indicators; improve skills to promote

consistent implementation of training and practice; provide the

necessary tools and assistance to build the ability to coach and monitor

child protective service caseworkers and model effective investigation

practice; increase cultural competency and sensitivity; and establish an

annual in service training program specifically focused on child

protective service supervisors.

(d) withhold reimbursement, otherwise payable to social services

districts, for the salaries of employees of child protective services

who do not comply with the background review, educational, experience or

training requirements of this title.

* (e) promulgate regulations setting forth training requirements for

child protective services workers assigned to a multidisciplinary

investigative team established pursuant to subdivision six of section

four hundred twenty-three of this title, which shall include appropriate

techniques for investigating reports of sexual abuse and requirements

for ongoing training.

* NB Effective December 12, 2026

6. promulgate regulations which require social services districts to

make local procedural manuals and service directories available to

employees of a child protective service, service providers and other

professionals involved in the prevention of child abuse and

maltreatment.

* 7. take all reasonable and necessary actions to assure that the

local departments of social services are kept apprised on a current

basis of the laws, regulations and policies of the department concerning

child abuse and maltreatment.

* NB Effective until December 12, 2026

* 7. take all reasonable and necessary actions to assure that the

local departments of social services are kept apprised on a current

basis of the laws, regulations and policies of the office of children

and family services concerning child abuse and maltreatment.

* NB Effective December 12, 2026

8. monitor and supervise the performance of the local departments of

social services.