New York Social Services Code § 423

Child protective service responsibilities and organization; purchase of service and reimbursement of cost; local plan
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§ 423. Child protective service responsibilities and organization;\npurchase of service and reimbursement of cost; local plan. 1. (a) Every\nlocal department of social services shall establish a "child protective\nservice" within such department. The child protective service shall\nperform those functions assigned by this title to it and only such\nothers that would further the purposes of this title. Local social\nservices departments shall distribute the laws, regulations and policies\nof the department pursuant to section four hundred twenty-one of this\narticle to any society for the prevention of cruelty to children which\nhas entered into a currently valid contract with a local department of\nsocial services.\n  (b) Every local department of social services shall provide to the\nchild protective service information available to the local department\nwhich is relevant to the investigation of a report of child abuse or\nmaltreatment or to the provision of protective services, where the\nconfidentiality of such information is not expressly protected by law.\n  (c) The child protective service shall have a sufficient staff of\nsufficient qualifications to fulfill the purposes of this title and be\norganized in such a way as to maximize the continuity of responsibility,\ncare and service of individual workers toward individual children and\nfamilies. A social services district shall have flexibility in assigning\nstaff to the child protective service provided that each staff assigned\nto such service has the staff qualifications and has received the\ntraining required by the department regulations promulgated pursuant to\nsubdivisions four and five of section four hundred twenty-one of this\ntitle.\n  (d) Consistent with appropriate collective bargaining agreements and\napplicable provisions of the civil service law, every child protective\nservice shall establish a procedure to review and evaluate the\nbackgrounds of and information supplied by all applicants for\nemployment. Such procedures shall include but not be limited to the\nfollowing requirements: that the applicant set forth his or her\nemployment history, provide personal and employment references and\nrelevant experiential and educational information, and sign a sworn\nstatement indicating whether the applicant, to the best of his or her\nknowledge, has ever been convicted of a crime in this state or any other\njurisdiction.\n  (e) For purposes of this title, a child protective service shall\ninclude an Indian tribe that has entered into an agreement with the\ndepartment pursuant to section thirty-nine of this chapter to provide\nchild protective services to Indians residing upon the tribe's\nreservation in the state. Notwithstanding any other provision of law,\nfor the purposes of this title, a social services district or a local\ndepartment of social services shall include an Indian tribe that has\nentered into an agreement with the department pursuant to section\nthirty-nine of this chapter to provide child protective services. Such\nIndian tribe shall only be considered a child protective service while\nsuch an agreement is in effect.\n  2. Any other provision of law notwithstanding, but consistent with\nsubdivision (1) of this section, the child protective service, based\nupon the local plan of services as provided in subdivision (3) of this\nsection, may purchase and utilize the services of any appropriate public\nor voluntary agency including a society for the prevention of cruelty to\nchildren. When services are purchased by the local department pursuant\nto this section and title, they shall be reimbursed by the state to the\nlocality in the same manner and to the same extent as if the services\nwere provided directly by the local department.\n  3. (a) Each social services district shall prepare and submit to the\ncommissioner, after consultation with local law enforcement agencies,\nthe family court and appropriate public or voluntary agencies including\

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