New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 3 - Child-care Agencies › Part 444 - Host Family Homes › Subpart B - Rights of Parents and Required Information › Section 444.5 - Selection of Host Family Home Pursuant to Designation of "Person in Parental Relation"

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
			   child's parent must inform the Agency whether the child's parent agrees to have
			   the child cared for by a host family home identified by the Agency pursuant to
			   section 444.4  of this Part and selected by the child's parent pursuant to this
			   section.
(b) A child may not be
			   cared for in an approved host family home unless and until the child's parent
			   agrees to have the child cared for by the host family home offered to the
			   parent by the Agency and the child's parent has executed a designation of
			   "person in parental relation" in accordance with Title 15-A of Article 5 of the
			   General Obligations Law and the provisions of this Part naming the person(s)
			   authorized as a host family home as the child's caregiver.
(c) A designation of "person in parental
			   relation" may not be executed in accordance with this Part by a parent who is
			   the subject of an open investigation of a report of suspected child abuse or
			   maltreatment or of an open indicated case of child abuse or
			   maltreatment.
(d) The designation
			   of "person in parental relation" must be read to the child's parent by the
			   Agency in the preferred language of the child's parent, and the Agency must
			   answer any questions raised by the child's parent regarding the designation of
			   "person in parental relation".
(e)
			   The Agency must inform the child's parent in writing of the right to consult
			   with an attorney, other than an attorney employed by or otherwise affiliated
			   with the Agency, before execution of the designation of "person in parental
			   relation".
(f) The Agency must
			   provide the parent with a list of available free or low-cost legal services for
			   the parent and child.
(g) The
			   child's parent(s) and the agreed upon identified host family home must be
			   provided with a copy of the executed designation of "person in parental
			   relation".
(h) The designation of
			   "person in parental relation" must state the following subjects, terms and
			   conditions:
(1) Initial term of care shall
			   not exceed six (6) months, provided, however, that term of care pursuant to the
			   designation of "person in parental relation" may be extended for additional six
			   (6)-month periods upon the written consent of the child's parent and the host
			   family home and execution of an additional designation of "person in parental
			   relation",.
(2) Visitation and
			   contact rights of the child and the child's parent and other relative(s) while
			   the child is cared for in the host family home;
(3) Consents for medical care;
(4) Education of the child; and
(5) The right of the child's parent to
			   terminate the designation of "person in parental relation" at any time and for
			   the immediate return of the child to such parent.