NY Soc Serv L § 409-E (2021)
2021 New York Laws SOS - Social Services Article 6 - Children Title 4-A - Child Welfare Services Planning and Administration 409-E - Family Service Plan.

§  409-e.  Family  service  plan. 1. With respect to each child who is identified by a local social services district as being  considered  for placement in foster care as defined in section one thousand eighty-seven of  the  family  court act by a social services district, such district, within thirty days from the date of such identification,  shall  perform an  assessment of the child and his or her family circumstances. Where a child has been removed from his or her home, within thirty days of  such removal  the  local social services district shall perform an assessment of the child  and  his  or  her  family  circumstances,  or  update  any assessment  performed  when  the child was considered for placement. Any assessment shall be in  accordance  with  such  uniform  procedures  and criteria  as  the  office  of  children  and  family  services  shall by regulation prescribe. Such assessment shall include the following:  (a) a statement of the specific immediate  problems  which  appear  to require some intervention by the social services officials;  (b) a description of the long term family relationships, an assessment of  trends  in  the  stability of the family unit, and of the likelihood that specific preventive services  will  increase  family  stabilization sufficiently  to  prevent  placement  or  to  reduce  the  duration of a necessary placement;  (c) an estimate  of  the  time  period  necessary  to  ameliorate  the conditions  leading  to  a  need for placement, and a description of any immediate actions that have been  taken  or  must  be  taken  during  or immediately after the conclusion of the assessment; and  (d)  where  placement  in  foster  care  is  determined necessary, the reasonable efforts made to prevent or eliminate the need  for  placement or  the  reason  such  efforts  were  not  made,  the  kind and level of placement and the reasons therefor, whether the  child  will  be  placed with  the  child's  siblings  and half-siblings and, if not, the reasons therefor and the arrangements made for contact between the siblings  and half-siblings,  identification  of  all available placement alternatives and the specific reasons why they were  rejected,  an  estimate  of  the anticipated  duration of placement, and plan for termination of services under  appropriate  circumstances,  with  specific  explanation  of  the reasons for such termination plan.   2.   Upon completion of any assessment provided for in subdivision one of this section, and not later than thirty days  after  placement  of  a child  in  foster  care pursuant to article three or seven of the family court act or not later than thirty days after a child  is  removed  from his  or  her home, the local social services district shall establish or update and maintain a  family  service  plan  based  on  the  assessment required  by subdivision one of this section. The plan shall be prepared in consultation with the child's parent or guardian, unless such  person is  unavailable or unwilling to participate, or such participation would be harmful to the child, and with the child if the child is ten years of age or older, and, where appropriate, with the  child's  siblings.  Such consultation  shall  be  done  in  person,  unless  such  a  meeting  is impracticable or would be harmful to the child. If it  is  impracticable to  hold  such  consultation  in  person,  such consultation may be done through  the  use  of  technology,  including  but   not   limited   to, videoconferencing  and  teleconference  technology.  If  the  parent  is incarcerated or residing in a residential drug treatment  facility,  the plan  shall reflect the special circumstances and needs of the child and the family. The plan shall include at least the following:  (a) time frames for periodic reassessment of the care and  maintenance needs of each child and the manner in which such reassessments are to be accomplished;  (b)  short  term,  intermediate and long range goals for the child and family and actions planned to meet the need of the child and family  and each goal;  (c)   identification   of   necessary  and  appropriate  services  and assistance to the child and members of the child's family. The  services so  identified  shall, before being included in the family service plan, be assessed to  determine  the  projected  effectiveness  of  such  plan including but not limited to the following considerations:  (i) the family's concurrence with the plan;  (ii)  the  ability  and  motivation  of the family to access services, including geographic accessibility;  (iii) the relatedness of the services to the family's  needs  and  its socio-economic and cultural circumstances; and  (iv)  other  factors  which  may impact upon the effectiveness of such plan.  The service plan shall also describe  the  availability  of  such services and the manner in which they are to be provided;  (d) any alternative plans for services where specific services are not available,  and  any  viable  options for services considered during the planning process;  (e)  where  placement  in  foster  care   is   determined   necessary, specification  of the reasons for such determination, the kind and level of placement, any available placement alternatives, an estimate  of  the anticipated  duration of placement, and plan for termination of services under appropriate circumstances.   3. The plan shall be reviewed and  revised,  in  accordance  with  the procedures  and  standards  in subdivision two of this section, at least within the first ninety days following the  date  the  child  was  first considered  for  placement  in  foster  care, and, if the child has been placed in foster care pursuant to article three or seven of  the  family court  act or removed from his or her home, within the first ninety days following the date of placement or removal. The plan  shall  be  further reviewed  and  revised  not later than one hundred twenty days from this initial review and at  least  every  six  months  thereafter;  provided, however,  that  if a sibling or half-sibling of the child has previously been considered for placement or removed from the home, the  plan  shall be  further  reviewed  and  revised  on the schedule established for the family based on the earliest  of  those  events.  Such  revisions  shall indicate  the  types,  dates  and sources of services that have actually been provided and an evaluation of the efficacy of  such  services,  and any  necessary  or desirable revisions in goals or planned services. The review and revision of the plan shall be prepared in  consultation  with the  child's  parent  or  guardian, unless such person is unavailable or unwilling to participate, or such participation would be harmful to  the child,  and  with  the  child if the child is ten years of age or older, and, where appropriate, with the  child's  siblings.  Such  consultation shall be done in person, unless such a meeting is impracticable or would be   harmful  to  the  child.  If  it  is  impracticable  to  hold  such consultation in person, such consultation may be done through the use of technology,  including  but  not  limited  to,   videoconferencing   and teleconference technology.   4. In accordance with regulations of the department, relevant portions of  the  assessment of the child and family circumstances, including but not limited to the material described in paragraph  (d)  of  subdivision one  of  this  section,  and a complete copy of the family service plan, established pursuant to subdivisions one and two, respectively, of  this section  shall  be  given to the child's parent or guardian, counsel for such parent or guardian, and the child's attorney, if  any,  within  ten days of preparation of any such plan.    5.  The  family  service plan developed in regard to a child in foster care pursuant to this section shall include the permanency plan provided to the court in accordance with the family court act and this chapter.   6. Nothing in this section shall require a social services district to complete an assessment or service plan for a child who is in the custody of  the office of children and family services, unless the child is also in the care and custody or custody and guardianship of the  commissioner of the social services district.