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 2 - Family and Children's Services › Part 423 - Preventive Services Regulations › Section 423.4 - Service provision requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Preventive services shall be provided
			 according to the needs of the child and his family and according to this
			 section.
(b)
Length of
			 service.
(1) Preventive services
			 shall continue only if a new determination is made every six months after the
			 initial application for services that the child will be placed or continued in
			 foster care unless such services are provided and that it is reasonable to
			 believe that by providing such services, the child will be able to remain with
			 or be returned to his family. Documentation for compliance with this
			 subdivision shall be pursuant to section
			 430.9(g) 
			 of this Title, utilization review-standard for the recertification of mandated
			 preventive services.
(2)
(i) With the exception of housing services as
			 defined in section
			 423.2(b)(16) 
			 of this Part, the provision of mandated preventive services to children and
			 their families during a foster care placement may not be provided for more than
			 an average of three months for all children in care within each particular
			 social services district with a goal of return to parents or relatives and no
			 child in foster care may receive preventive services for more than a total of
			 24 months. Local social services districts that exceed the three-month average
			 must have that portion of expenditures in excess of the average reimbursed as
			 nonmandated preventive services.
(ii) Where housing services are provided in
			 the form of payment of rent or mortgage arrears, such arrears payment must be
			 made directly to the landlord or mortgage holder. The amount of such arrears
			 payment may not exceed $1,800, or the equivalent of six months of housing
			 services at the maximum amount of $300 a month, and in no case may exceed the
			 total amount owed. In cases where an arrears payment relates to a period
			 preceding the date of application for preventive services by more than six
			 months, the authorization period will begin six months preceding the date of
			 application. Where the arrears payment relates to a period preceding the
			 application by less than six months, the authorization date will be the date
			 arrears began to accrue.
(iii)
			 Payments for security deposits, finder's or broker's fees, household moving
			 expenses, exterminator fees, and/or essential repairs of conditions in rental
			 or client owned property which create a substantial health or safety risk, and
			 which are payable in the same month, may be issued in one month but the total
			 amount paid not exceed an amount equivalent to up to six months of housing
			 services at $300 a month, or $1,800. In such cases the authorization date will
			 be deemed to have commenced on a date six months prior to the date payments
			 were made. Each $300 increment of payment must be included in determining the
			 maximum 36 month eligibility period.
(iv) Whenever $100 or more of a housing
			 subsidy is sought for repairs to rental property, the participating landlord
			 must agree to rent the property to the family for a minimum one- year period
			 commencing on the date housing services are provided.
(v) In cases where adequate housing is
			 located, provided and, if necessary, renovated such that a child could be
			 discharged from care pursuant to this Part, the child must be discharged within
			 two months from the date such housing is made available. Discharge may occur on
			 a trial basis. Where adequate housing is made available and the child is not
			 discharged within the two month period, the reason for the child remaining in
			 care will be deemed to be due primarily to a factor other than housing and
			 housing services will be terminated.
(3) The provision of nonmandated prevention
			 services to children and their families during a foster care placement shall
			 continue only if a new determination is made every six months after the initial
			 application for services that the child will be continued in foster care unless
			 such services are provided and that it is reasonable to believe that by
			 providing such services, the child will be able to be returned to his
			 family.
(4) The provision of
			 housing services as defined in section
			 423.2(b)(16) 
			 of this Part as a preventive service must not exceed a period of 36 months
			 commencing on the date housing services were authorized and provided.
(5) The provision of intensive, home-based,
			 family preservation services must not exceed 30 days except as provided in
			 section
			 423.2(b)(17)(iii) 
			 of this Part.