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 430 - UTILIZATION REVIEW FOR FOSTER CARE AND PREVENTIVE SERVICES › Section 430.11 - Appropriateness of placement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
			 type and level of a foster care placement for a particular child shall be
			 considered appropriate for the purposes of this section if the standard for
			 continuity in the child's environment and the standards for appropriate level
			 of placement, as set forth in subdivisions (c) and (d) of this section, are
			 met.
(b) The requirements of this
			 section shall pertain to all children placed in foster care for whom a uniform
			 case record, as described in Part 428 of this Title, is required. The
			 appropriateness of a foster care placement shall be documented on the forms
			 prescribed by the department in Part 428, according to the standards for
			 documentation defined in the standard for continuity in the child's environment
			 and the standards for appropriate level of placement, as set forth in
			 subdivisions (c) and (d) of this section. In the absence of documentation in
			 the uniform case record, the placement shall be deemed inappropriate.
(c)
Continuity in the child's
			 environment.
(1)
(i) Standard. Whenever possible, a child
			 shall be placed in a foster care setting which permits the child to retain
			 contact with the persons, groups and institutions with which the child was
			 involved while living with his or her parents, or to which the child will be
			 discharged. It shall be deemed inappropriate to place a child in a setting
			 which conforms with this standard only if the child's service needs can only be
			 met in another available setting at the same or lesser level of care. The
			 initial placement of the child into foster care and all subsequent placements
			 must take into account the appropriateness of the child's existing educational
			 setting and the proximity of such setting to the child's placement location.
			 When it is in the best interest of the foster child to continue to be enrolled
			 in the same school in which the child is currently enrolled, the agency with
			 case management, case planning or casework responsibility for the foster child
			 must coordinate with applicable local school authorities to ensure that the
			 child remains in such school. When it is not in the best interests of the
			 foster child to continue to be enrolled in the same school in which the child
			 is currently enrolled, the agency with case management, case planning or
			 casework responsibility for the foster child must coordinate with applicable
			 local school authorities where the foster child is placed in order that the
			 foster child is provided with immediate and appropriate enrollment in a new
			 school; and the agency with case management, case planning or casework
			 responsibility for the foster child must coordinate with applicable local
			 school authorities where the foster child previously attended in order that all
			 of the applicable school records of the child are provided to the new
			 school.
(ii) Any Indian child who
			 is placed into foster care pursuant to the provisions of section 384, 384-a or
			 384-b  of the Social Services Law or
			 article 3, 7, 10, 10-B or 10-C of the Family Court Act shall be placed in the
			 least restrictive setting which most approximates a family and in which his or
			 her special needs, if any, may be met. Placement in accordance with the order
			 of preference set forth in subdivision (f) of section
			 431.18 
			 of this Title supersedes other continuity factors in the placement of an Indian
			 child. Any placement made pursuant to this subparagraph shall, in the absence
			 of good cause to the contrary, as defined in section
			 431.18(f)(2)
			 or (g)(2)  of this Title, be made according to
			 the preferences set forth in section
			 431.18(f) 
			 of this Title.