by Gene Doyle, LMSW

Governor Mario Cuomo's Executive Order No. 131 requires state agency to file reports on their administrative adjudication plans every two years. These biennial reports must set forth "the steps taken by the agency to comply with this Order . . . [and] include statistics on Article 78 proceedings brought against the agency, including the outcome of such proceedings and the reasons for any reversal or modification of an agency determination." 9 NYCRR § 4.131[V].

New York State Department of Social Services (NYSDSS)

NYSDSS published its biennial reports in the New York State Register as follows:

• December 23, 1992 (covering the period from July 1, 1990 through June 30, 1992)
• December 21, 1994 (covering the period from July 1, 1992 through June 30, 1994)
• January 8, 1997 (covering the period from July 1, 1994 through June 30, 1996)

As a result of New York State's 1997 welfare reform, NYSDSS was succeeded by the Office of Temporary and Disability Assistance (OTDA) and the Office of Children and Family Services (OCFS), which together comprise the New York State Department of Family Assistance (DFA). Consequently, both OTDA and OCFS have provided separate biennial reports.

OTDA

OTDA has published its biennial reports in the New York State Register as follows:

• January 13, 1999 (covering the period from January 1, 1996 through December 28, 1998)
• December 20, 2000 (covering the period from December 29, 1998 through November 30, 2000)
• January 8, 2003 (covering the period from December 1, 2000 through November 30, 2002)
• December 29, 2004 (covering the period from December 1, 2002 through November 30, 2004)
• January 3, 2007 (covering the period from December 1, 2004 through November 30, 2006)
• No biennial report for the period from December 1, 2006 through November 30, 2008 was published in the New York State Register but the report was obtained directly from OTDA.
• January 12, 2011 (covering the period from December 1, 2008 through November 30, 2010)
• January 30, 2013 (covering the period from December 1, 2010 through November 30, 2012)
• January 14, 2015 (covering the period from December 1, 2012 through November 30, 2014)
• January 18, 2017 (covering the period from December 1, 2014 through November 30, 2016)
• January 9, 2019 (covering the period from December 1, 2016 through November 30, 2018)

The biennial report for the period from December 1, 2006 through November 30, 2008 was obtained by a request under the Freedom of Information Law (FOIL) to OTDA.

OCFS

OCFS has published its biennial reports in the New York State Register as follows:

• February 26, 2003 (covering the period from January 1, 2001 through December 25, 2002)
• April 20, 2005 (covering the period from January 1, 2003 through December 31, 2004)
• January 17, 2007 (covering the period from January 1, 2005 through December 31, 2006)
• August 5, 2015 (covering the periods of January 1, 2007 through December 31, 2008, January 1, 2009 through December 31, 2010, January 1, 2011 through December 31, 2012, and January 1, 2013 through December 31, 2014)

OCFS has no record of producing any biennial reports for the years 1996 through 2000.

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