Objective

To assess the extent of implementation of the three recommendations included in our initial audit report, Oversight of Child Protective Services (Report 2021-S-17).

About the Program

The New York State Child Protective Services Act of 1973 was established to encourage more complete reporting of child abuse and maltreatment, provide for the swift and competent investigation of such reports, protect children from further abuse or maltreatment, and provide rehabilitative services. OCFS is responsible for overseeing the locally administered child welfare system, including 58 local departments of social services (LDSSs) as well as the voluntary agencies that contract with LDSSs to provide child welfare services.

OCFS receives suspected incidences of child abuse and maltreatment through the Statewide Central Register of Child Abuse and Maltreatment (SCR) via phone calls, fax, and electronic submissions (hereafter, suspected incidences of child abuse and maltreatment received by the SCR are referred to as “calls”). The SCR, established by New York Social Services Law, is available 24 hours a day, 7 days a week, 365 days a year and received approximately 313,000 calls in 2023. If a call is received and OCFS staff determine there is reasonable cause to suspect that a child (i.e., under the age of 18) has been impaired or is in imminent danger of impairment because of the failure of a parent or person legally responsible to exercise a minimum degree of care, OCFS will create an intake report if it is within the jurisdiction of the State and sufficient demographics (e.g., name, address) are provided to initiate an investigation. Calls with concerns that do not contain those elements result in a non-report. In such instances, the caller must be provided with a clear explanation of why the intake is not being registered as a report and given the option to receive a supervisory consultation. Examples of circumstances that would result in a non-report include those related to children age 18 or older and children residing outside of New York State. Calls received through the SCR that OCFS staff determine meet the threshold for a report are sent to the respective LDSS through CONNECTIONS – the computerized system of record used for recording child welfare information in the State.

In certain instances, reports of abuse or maltreatment involve the death of a child. OCFS is required by law to conduct a review and issue a summary report within 6 months of the death of the child. To improve practices within LDSSs, OCFS implemented a Program Quality Improvement (PQI) process in January 2020. The process involves case reviews by a dedicated team to improve consistency. Once a review of the LDSS is completed, OCFS issues a report to the LDSS, which includes any findings. If needed, OCFS will put in place and monitor a program improvement plan.

The objective of our initial audit, issued January 2023, was to determine whether OCFS effectively oversees LDSSs’ investigation of reports of alleged child abuse or maltreatment, and ensures compliance with relevant laws, regulations, and procedures to promote the safety and well-being of affected children and families. The audit covered the period from January 2018 through November 2021, with subsequent information related to our sampled cases through September 2022. The audit found that OCFS could make improvements to child fatality and PQI reviews. The prevalence of certain issues across multiple LDSSs indicated problems that should be addressed statewide rather than on a case-by-case basis; however, officials had not yet developed a plan on how to do so. Further, closure codes for non-report calls could more accurately reflect the nature of closure and why the call did not result in a report. Additionally, the length of time OCFS maintained call recordings from the SCR may have limited its ability to retroactively investigate whether non-report calls were properly handled. Several investigations in our sample lacked evidence to support the completion of all required steps.

Key Findings

OCFS has made some progress in addressing the problems identified in our initial audit report. Of the initial report’s three audit recommendations, one has been fully implemented and two have been partially implemented.

Key Recommendation

Officials are requested, but not required, to provide information about any actions planned to address the unresolved issues discussed in this follow-up within 30 days of the report’s issuance.