N.Y. Social Services Law § 458-o: Differential response programs for children under twelve

§ 458-o. Differential response programs for children under twelve. 1.

Each local social services district, upon the approval of the office of

children and family services, shall establish a program that implements

differential responses to provide services to children under twelve

years of age, who do not fall under the definition of juvenile

delinquent pursuant to subparagraph (iii) of paragraph (a) of

subdivision one of section 301.2 of the family court act and whose

behavior, but for their age, would bring them within the jurisdiction of

the family court pursuant to article three of the family court act. Such

programs shall establish and utilize appropriate assessments and

services for youth, in order to help reduce future interaction with the

juvenile justice and/or child welfare systems. Such assessments shall be

used to determine what, if any, services are needed, and such services

shall utilize the least restrictive intervention protocols available.

Notwithstanding any other provision of law to the contrary, the

provisions of this section shall apply only to those cases involving

children under twelve years of age, who do not fall under the definition

of juvenile delinquent pursuant to subparagraph (iii) of paragraph (a)

of subdivision one of section 301.2 of the family court act and whose

behavior, but for their age, would bring them within the jurisdiction of

the family court pursuant to article three of the family court act.

2. To establish a differential response program, each local social

services district, as part of their district-wide child welfare services

plan, as defined in section four hundred nine-d of this article, shall

include a plan to serve the youth described in subdivision one of this

section while utilizing certain criteria to be promulgated in regulation

by the office of children and family services including but not limited

to the following:

(a) the types of assessment to determine whether services are

necessary, services and interventions to be provided to children and

families included in the differential response program for such children

and a description of how the services will be offered. Such services

shall include, but not be limited to, those services set forth in

section four hundred nine-a of this article and section four hundred

fifty-eight-m of this article;

(b) a description of the process to be followed for planning and

monitoring the services provided under the differential responses;

(c) a description of how the differential response program will

enhance the ability of the district to reduce future interactions with

the juvenile justice and child welfare systems, ensure the safety and

well-being of such children, and ways to ensure such program addresses

adverse impacts on minority communities;

(d) a description of the training that will be provided to district

and any non-district staff to be used in the differential response

program including, but not limited to, a description of the training set

forth in section eight hundred forty of the executive law for police

officers whose main responsibilities are juveniles and the laws

pertaining thereto; and

(e) a description of any additional funding that may be utilized to

enhance the differential response program.

3. (a) All records created as part of the differential response

program for children described in subdivision one of this section shall

include, but not be limited to, the initial and any subsequent reasons

why a differential response is recommended for a child, documentation of

all services offered and accepted by such child and their family, the

plan for supportive services for the child and their family, and all

evaluations and assessments of the child's progress.

(b) Records created under the differential response program for the

children described in subdivision one of this section shall be

maintained for five years after a child is referred to a local social

services district for intervention as described in this section or until

the child reaches the age of twelve, whichever is sooner.

(c) All reports assigned to, and records created under, the

differential response program, including but not limited to reports made

or written as well as any other information obtained or photographs

taken concerning such reports or records shall be confidential, shall be

made available only to an entity listed below which has been involved in

the particular youth's service delivery, and shall not be redisclosed,

except as authorized pursuant to subparagraph (vi) of this paragraph,

utilizing non-identifying aggregated information. Such entities shall

include:

(i) staff of the office of children and family services and persons

designated by the office of children and family services;

(ii) the social services district responsible for the differential

response program for children described in subdivision one of this

section;

(iii) a community-based agency that has a contract with the social

services district to carry out activities for the district under the

differential response program;

(iv) a provider of services under the differential response program;

(v) the child, or to their parent or legal guardian, and the attorney

for the child; and

(vi) the office of children and family services and social services

districts for the sole purpose of preparing the report required pursuant

to subdivision five of this section.

4. Expenditures by a social services district pursuant to this section

shall be reimbursable from the annual appropriations available for

social services district expenditures for child welfare services which

shall include, but not be limited to, preventive services provided

pursuant to section four hundred nine-a of this article, funding for

family support services programs as set forth in section four hundred

fifty-eight-n of this article and supervision and treatment services for

juveniles program as set forth in section five hundred twenty-nine-b of

the executive law. Nothing shall preclude a social services district

from seeking private funds for support of their differential response

programs.

5. The office of children and family services shall report on the

differential response programs established pursuant to this section,

including the local social services district's efforts to reduce future

interactions with the juvenile justice and child welfare systems, how

the local social services districts are ensuring the safety and

well-being of such children, and how the program is addressing adverse

impacts on minority communities, on an annual basis beginning one year

from the start of every local social services district's differential

response program.