reglab/statecodes huggingface dataset:
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 446 - Designated Emergency Foster Family Boarding Home Care › Section 446.3 - Establishing a designated emergency foster family boarding home

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A designated
			 emergency foster family boarding home may be established directly by a public
			 authorized agency as defined in section
			 441.2(c) 
			 of this Title or by a voluntary authorized agency, as defined in section
			 441.2(d) 
			 of this Title, through a purchase of service contract with a public authorized
			 agency. A designated emergency foster family boarding home must be certified or
			 approved pursuant to Part 443 of this Title and must be designated exclusively
			 for emergency use by either a public or private authorized agency; provided,
			 however, that a designated emergency foster family boarding home may also be
			 approved and used as a respite care and services provider pursuant to Part 435
			 of this Title.
(b) In order for a
			 foster home to be designated exclusively for emergency use, the foster parent
			 must agree to participate in the foster parent training described in section
			 446.5 
			 of this Part.
(c) Except as
			 otherwise permitted by paragraph (1) of this subdivision, a designated
			 emergency foster family boarding home must be used exclusively to serve
			 children entering foster care on an emergency basis.
(1) Pursuant to section
			 443.3(o)(2) 
			 of this Title, an authorized agency may use a designated emergency foster
			 family boarding home for any foster care purpose other than emergency care of
			 children or an approved respite care and services provider when the agency
			 determines such use is necessary in order to place a child, is in the best
			 interests of the child, and is consistent with the health, safety and welfare
			 of other children receiving care in the home. A report on the use of the
			 designated emergency foster family boarding home for other than emergency
			 foster care placements or respite care and services must be made to the
			 appropriate regional office of the Office of Children and Family Services
			 within 15 days of the placement by the agency making the placement.
(2) If a child cannot be returned home within
			 60 days as planned, the emergency foster family home may continue to serve the
			 child as a non-emergency foster family home at a rate not to exceed 100 percent
			 of the maximum State aid rate.
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 446 - Designated Emergency Foster Family Boarding Home Care › Section 446.4 - Reimbursement for designated emergency foster family boarding home care

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The department
			 will reimburse a public authorized agency for payments made to foster family
			 parents who provide care in designated emergency homes at a rate which will not
			 exceed 200 percent of the maximum State aid rate for children receiving
			 nonemergency foster care services in that district for the first 60 days of a
			 child's placement in a designated emergency foster family boarding home. After
			 60 days, if the designated emergency foster family home continues to provide
			 care to the child because the child cannot be returned home, the department
			 will reimburse a public authorized agency at the standard State aid rate for
			 children receiving nonemergency foster care services in that district or at the
			 special or exceptional rate for children who qualify for such rates in
			 accordance with the provisions of Part 427 of this Title.
(b) Reimbursement by the department will be
			 available to a public authorized agency for beds which have been reserved in
			 designated emergency foster family boarding homes in accordance with the
			 provisions of section
			 609.5(d) 
			 of this Title.
(c) Private
			 authorized agencies which have established designated emergency foster care
			 homes will be reimbursed in accordance with the terms of the purchase of
			 service agreement which has been entered into with a social services
			 district.
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 446 - Designated Emergency Foster Family Boarding Home Care › Section 446.5 - Mandated training for foster parents providing care in designated emergency foster family boarding homes

Current through Register Vol. 46, No. 28, July 10, 2024
Authorized agencies supervising designated emergency
			   foster family boarding homes must provide foster parents in such homes with
			   training. The training must cover the areas of child development, child
			   discipline, communication, and family systems and must provide emergency foster
			   parents with basic crisis intervention and assessment skills. The training must
			   be provided as follows:
(a) fifteen
			 hours of training within four months after the foster home is designated
			 exclusively for emergency use; and
(b) a minimum of six hours of yearly
			 follow-up training which expands upon the areas covered during the initial
			 training.
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 446 - Designated Emergency Foster Family Boarding Home Care › Section 446.6 - Intake for designated emergency foster family boarding homes

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A designated
			 emergency foster family boarding home supervised by a public authorized agency
			 must be available to accept eligible children 24 hours a day, 365 days a year.
			 However, upon written notice by the foster parents to the supervising agency,
			 and if agreed to in writing by such agency and upon good cause shown, an
			 exception to continuous operation of an emergency foster home may be granted if
			 the foster parents intend to be temporarily absent from the home or temporarily
			 unable to accept children for placement in the home.
(b) A voluntary authorized agency supervising
			 one or more designated emergency foster family boarding homes must have
			 24-hour-a-day, 365-day-a-year intake capacity or, in the alternative, have the
			 capacity to place eligible children immediately in designated emergency foster
			 family boarding homes when such children are referred to the agency by a social
			 services district after the district's normal business hours. The purchase of
			 service agreement between the local social services district and an authorized
			 agency which provides emergency foster care services after the district's
			 normal business hours must specify the hours during which referrals may be made
			 to the agency for emergency placement of children.
(c) A voluntary authorized agency supervising
			 a designated emergency foster family boarding home must accept any child who is
			 eligible under subdivision (d) of this section for emergency placements,
			 whenever such a child is referred by a social services district to the agency
			 pursuant to a purchase of service agreement.
(d) In order for a child to be eligible for
			 designated emergency foster family boarding home placement, a child must be at
			 immediate risk of harm or present an immediate risk of harm to others or
			 himself/herself if not immediately placed into foster care, and the reasons for
			 the placement must meet the necessity of placement standards contained in
			 section
			 430.10(c) 
			 of this Title. In addition, the initial assessment at the time of placement
			 must indicate that the crisis situation which requires the placement of the
			 child in a designated emergency foster family boarding home is expected to be
			 resolved within 60 days.
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 446 - Designated Emergency Foster Family Boarding Home Care › Section 446.7 - Services for children in designated emergency foster family boarding home care

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Case
			 planning.
(1) Case planning, as required by
			 Part 428 of this Title, must be provided for all children who enter care in
			 designated emergency foster family boarding homes. Such planning may be
			 provided by a local district or, through a purchase of service contract, by a
			 voluntary authorized agency supervising a designated emergency foster family
			 boarding home. Case planning must include providing or arranging for, and
			 coordinating and evaluating those services needed by a child and his/her family
			 to help a child in the designated emergency foster family boarding home to
			 return to his/her family.
(2)
			 Casework contacts between the case planner and the child and between the case
			 planner and the child's parents or guardians must meet the requirements of
			 section
			 423.4(h) 
			 and section
			 441.21(a)-(c) 
			 of this Title.
(3) The purchase of
			 service contract between a voluntary authorized agency providing designated
			 emergency foster family boarding home care and a social services district must
			 delineate case planning responsibilities, including provisions concerning who
			 has the responsibility for providing or arranging for mandated preventive
			 services during placement and as follow-up services and who has responsibility
			 for timely completion of the family assessment and service plan and other
			 requirements of Part 428 of this Title.
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 447 - Agency Boarding Homes › Section 447.1 - Conditions of operations of an agency boarding home program

Current through Register Vol. 46, No. 28, July 10, 2024
An authorized private child-caring agency, or a social
			   services official who has been authorized by the department to provide agency
			   boarding home care, may operate an agency boarding home program only after
			   obtaining an operating certificate for such program. An operating certificate
			   will be issued by the department only when the conditions of this Part and
			   Parts 476 and 477 of this Title are met.
(a) A professionally trained social worker, a
			 person with experience in child welfare, or a person holding a master's degree
			 in a related field who is in the employ of the agency shall supervise the
			 agency boarding home.
(b) The
			 person designated to supervise the program shall make the determination as to
			 the children to be placed in each agency boarding home, or such determination
			 may be made by an interdisciplinary team when it is the general practice of the
			 agency to use such services.
(c)
			 The agency or social services official must establish a procedure to obtain
			 background and other information, in accordance with this Part, on each
			 applicant for employment or to be a volunteer or consultant and to evaluate
			 each such applicant as to his/her personal, employment and experience
			 qualifications in accordance with the requirements of this Part.
(d) The agency or social services official
			 must establish a procedure to inquire of the department, in accordance with the
			 provisions of section
			 447.2(c) 
			 of this Part, whether certain persons who have or will have the potential for
			 regular and substantial contact with children being cared for in the agency
			 boarding home are the subjects of indicated reports of child abuse or
			 maltreatment on file with the Statewide Central Register of Child Abuse and
			 Maltreatment.
(e) The provisions of
			 this section shall apply to renewals as well as to the initiation of an agency
			 boarding home program.
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 447 - Agency Boarding Homes › Section 447.2 - Requirements for each agency boarding home

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Personnel.
(1) Adequate
			 supervision must be provided for the children in the home. At a minimum, all
			 the following criteria must be met:
(i) The
			 number of adults employed in the home must be sufficient to provide adequate
			 supervision for each child residing in the home and must be proportional to the
			 total number of such children. At least two adults must be responsible for the
			 care of the children in the home and at least one adult must be present in the
			 home at all times when a child is in the home.
(ii) Relief persons must be available on a
			 regular basis.
(iii) Adequate staff
			 coverage must be provided in the case of any emergency.
(iv) Persons caring for the children must be
			 in good physical and mental health, and free from communicable disease.
			 Physical fitness must be shown by a certificate from a physician at the time of
			 initial employment and annually thereafter.
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 447 - Agency Boarding Homes › Section 447.3 - Exceptions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
			 department may grant an exception to compliance with one or more provisions of
			 section
			 447.2 
			 of this Part upon finding that compliance will result in undue hardship upon an
			 agency boarding home. The authorized agency applying for the exception must
			 demonstrate that, aside from the exception, the agency boarding home is in
			 substantial compliance with the provisions of section
			 447.2 
			 of this Part and that granting the exception will not create any hazardous
			 conditions which could impair the health or safety of the children. An agency
			 boarding home must comply with any alternative requirements the department may
			 consider necessary for the protection of the health or safety of the children.
			 All exceptions must be requested by the authorized agency in writing and
			 approved by the department in writing.
(b) The provisions of this Part that become
			 effective September 1, 1994 shall apply to those agency boarding homes
			 established on or after such date. If compliance with any of the provisions of
			 this Part that become effective September 1, 1994 creates an undue hardship for
			 any agency boarding home in operation prior to such date, the agency boarding
			 home must, within one year of such date, submit to the department a schedule
			 indicating when the agency boarding home will achieve compliance with such
			 provision. The compliance schedule is subject to approval by the department and
			 compliance with all provisions of this Part that become effective September 1,
			 1994 must be achieved within five years of such date.
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 447 - Agency Boarding Homes › Section 447.4 - Procedure for initiation of agency boarding home program

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Private child-caring agency.
An authorized private child-caring agency must notify the
			   department in writing of its intention to operate an agency boarding home
			   program and of its compliance with section
			   447.1 
			   of this Part. An authorized private child-caring agency which plans to
			   establish an agency boarding home within a municipality must notify the chief
			   executive officer of the municipality in writing of its intentions. Such notice
			   must include a description of the nature, size and the community support
			   requirements, if any, of the program. For purposes of this subdivision,
municipality
means an incorporated village, if the facility is
			   to be located therein; a town, if the facility is to be located therein and not
			   simultaneously within an incorporated village; or a city, except that in the
			   City of New York the community board with jurisdiction over the area in which
			   such agency boarding home is to be located is considered the
			   municipality.
(b)
Social services official.
The social services official who intends to operate an
			   agency boarding home program must apply in writing to the department for
			   authority to operate such program, stating the reasons, in accordance with
			   section 374-b  of the Social Services Law, why such
			   program is needed and setting forth a plan for compliance with section
			   447.1 
			   of this Part. A social services official who plans to establish an agency
			   boarding home within a municipality must notify the chief executive officer of
			   the municipality in writing of his or her intentions. Such notice must include
			   a description of the nature, size and the community support requirements, if
			   any, of the program. For purposes of this subdivision,
municipality
means an incorporated village, if the facility is
			   to be located therein; a town, if the facility is to be located therein and not
			   simultaneously within an incorporated village; or a city, except that in the
			   City of New York the community board with jurisdiction over the area in which
			   such agency boarding home is to be located is considered the
			   municipality.
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 447 - Agency Boarding Homes › Section 447.5 - Notice to the department of the opening of an agency boarding home; periodic reports

Current through Register Vol. 46, No. 28, July 10, 2024
At least 15 days prior to the opening of an agency
			   boarding home, the agency must submit to the department for review a report in
			   duplicate as to compliance with section
			   447.2 
			   of this Part. The report must include a diagram of the floor plan of the home,
			   showing the dimensions and use of each room, the capacity of each sleeping
			   room, and the locations of the following: toilet and bath fixtures; kitchen and
			   laundry equipment; heating equipment; fire and smoke detection and alarm
			   devices or systems; other fire protection equipment; and all means of egress.
			   Reports as to continued compliance may be required periodically by the
			   department.
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 447 - Agency Boarding Homes › Section 447.6 - Discontinuance

Current through Register Vol. 46, No. 28, July 10, 2024
The operation of an agency boarding home may not be
			   discontinued except upon service of written notice to the department at least
			   90 days in advance of the proposed discontinuance. Such notice must comply with
			   the requirements of section
			   476.2(d) 
			   of this Title.
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 447 - Agency Boarding Homes › Section 447.9 - Approved respite care and services provider

Current through Register Vol. 46, No. 28, July 10, 2024
Agency boarding homes may be approved as approved respite
			   care and services providers pursuant to Part 435 of this Title and when so
			   approved are subject to the applicable requirements of such
			   Part.
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 447 - Agency Boarding Homes › Section 447.10 - Certification for Specialized Programs to Serve Prenatal, Postpartum or Parenting Youth

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any facility
			 governed by this Part may apply to the Office of Children and Family Services
			 for certification for the program as a specialized program to serve prenatal,
			 postpartum or parenting youth. Such application shall be in writing and shall
			 be made in the time and manner as directed by the Office of Children and Family
			 Services.
(b) At minimum, such
			 application must:
(1) Demonstrate that the
			 facility is in compliance with requirements of this Part and, specifically, any
			 requirement contained within this Part that applies to parenting a youth, a
			 child of a parenting youth, or a parenting youth and child of a parenting youth
			 unit, as such terms are defined in section
			 427.2  of this Title.
(2) Demonstrate requisite Office of Children
			 and Family Services approval of manuals, policies and procedures for a
			 specialized program to serve pregnant, postpartum or parenting youth. Such
			 materials include but are not limited to:
(i)
			 Policy and policy manuals required by section
			 441.4  of this Title;
(ii) Policies and procedures specific to the
			 care and services that shall be provided to a parenting youth, a child of a
			 parenting youth, a parenting youth and a child of a parenting youth unit, as
			 such terms are defined in section
			 427.2  of this Title, and for youth
			 who are pregnant or postpartum, including but not limited to:
(a) Admission and intake
			 procedures;
(b) Training for staff
			 on topics related to the care and treatment of pregnant, postpartum or
			 parenting youth and the children of parenting youth, which may include, but not
			 be limited to:
(1) Child
			 development;
(2) Care for
			 postpartum youth;
(3) Youth and
			 family engagement;
(4) Safety risks
			 during pregnancy and for postpartum youth; and
(5) Safety risks for infants if the facility
			 will provide care to any child of a parenting youth that may be an
			 infant.
(c) Staffing
			 ratios
(d) Proposed model of
			 trauma-informed care;
(e) Promotion
			 of cultural awareness, and competency regarding race, culture, gender, sexual
			 orientation and socioeconomic factors;
(f) Community engagement;
(g) Case planning and permanency
			 services;
(h) Clinical and
			 behavioral health services;
(i)
			 Availability of medical services;
(j) Educational, vocational, training and
			 independent living services; and
(k) Specific services and programing tailored
			 to meet the needs of pregnant, postpartum, parenting youth or the children of
			 parenting youth; and
(3) Include any other information as may be
			 required by the Office of Children and Family
			 Services.
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 447 - Agency Boarding Homes › Section 447.11 - Waivers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any provision of
			 other Parts of this Title notwithstanding, a written waiver of one or more of
			 the non-statutory requirements of this of this Part may be issued by the Office
			 of Children and Family Services to an applicant for, or the holder of, a
			 license or an operating certificate from the Office of Children and Family
			 Services to operate a program or facility pursuant to this Part. Provided
			 however, that no program or facility may apply for a waiver for any
			 requirements for non-discrimination. A waiver pursuant to this section may be
			 issued at the time of application for a license or operating certificate to
			 become a program or facility pursuant to this Title. A program or facility
			 which applies for a waiver subsequent to the issuance of a license or operating
			 certificate, must operate in full compliance with the regulations at all times
			 prior to the issuance of a waiver.
(b) An applicant for, or holder of, a license
			 or certificate to operate a program or facility pursuant to this Part must
			 submit to the office, in writing, any request for a waiver pursuant to this
			 section. The Office of Children and Family Services may prescribe a form to be
			 used for waiver requests. The application for a waiver must include:
(1) The specific regulation or regulations
			 for which a waiver is sought;
(2)
			 The reason a waiver is necessary; and
(3) A description of what will be done to
			 achieve or maintain the intended purpose of the regulation or regulations for
			 which a waiver is sought and to protect the health, safety and welfare of the
			 youth in the program or facility.
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 448 - Group Homes › Section 448.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
When used in this Part, the terms set forth in this
			   section shall be interpreted in accordance with the following
			   definitions:
(a)
Child
shall mean a person who has not attained his 21st
			 birthday, and, except for a sibling or a child whose mother is placed in the
			 same facility, is at least five years of age.
(b)
Sibling
shall mean a
			 child who has a common parent with another child.
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 448 - Group Homes › Section 448.2 - Conditions of operation of a group home program

Current through Register Vol. 46, No. 28, July 10, 2024
An authorized agency shall operate a group home program
			   only after obtaining an operating certificate for such program. An operating
			   certificate will be issued by the department only when the conditions of this
			   Part and Parts 476 and 477 of this Title are met.
(a) A professionally trained social worker, a
			 person with experience in child welfare, or a person holding a master's degree
			 in a related field who is in the employ of the agency shall supervise the group
			 home program.
(b) The determination
			 as to the children to be placed in each group home shall be made by the person
			 designated to supervise the program or by an interdisciplinary team, when it is
			 the general practice of the agency to use such services.
(c) The agency must establish a procedure to
			 obtain background and other information on each applicant for employment or to
			 be a volunteer in the group home and to evaluate each such applicant as to
			 his/her personal, employment and experiential qualifications in accordance with
			 the requirements of this Part.
(d)
			 The agency must inquire, in accordance with the provisions of section
			 448.3(c) 
			 of this Part, whether certain persons who may have regular and substantial
			 contact with children being cared for by the group home are the subjects of
			 indicated reports of child abuse or maltreatment on file with the Statewide
			 Central Register of Child Abuse and Maltreatment or are found on the Register
			 of Substantiated Category One Cases of Abuse or Neglect (staff exclusion list)
			 maintained by Vulerable Persons' Central Register (VPCR), as required by
			 section 495  of the Social Services Law.
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 448 - Group Homes › Section 448.3 - Requirements for each group home

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Program.
A community-based program shall be provided for the
			   children.
(b)
Personnel.
Adequate supervision shall be provided for the children
			   in each group home. Persons caring for children shall be sufficient in number
			   for the children under care, and shall be selected on the basis of good moral
			   character, interest in and an ability to care for children. Except on school
			   days, when the following child-care staff-to-children ratios may be exceeded
			   during the period between the waking of the children in a group home and the
			   period when such children leave for school or vocational training, there shall
			   be:
(1) The following minimum
			 child-care staff-to-children ratios in effect during waking hours when children
			 are under the care of such staff:
(i) each
			 group home serving nine or fewer children must be staffed by at least one
			 child-care worker; and
(ii) each
			 group home serving 10 to 12 children must be staffed by at least two child-care
			 workers.
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 448 - Group Homes › Section 448.4 - Enforcement; exceptions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
			 department may grant an exception to compliance with one or more provisions of
			 section
			 448.3 
			 of this Part upon finding that compliance will result in undue hardship on a
			 group home. The authorized agency applying for the exception must demonstrate
			 that, aside from the exception, the group home is in substantial compliance
			 with the provisions of section
			 448.3 
			 of this Part and that granting the exception will not create any hazardous
			 conditions which could impair the health or safety of the children. The group
			 home must comply with any alternative requirements the department may consider
			 necessary for the protection of the health or safety of the children. All
			 exceptions must be requested by the authorized agency in writing and approved
			 by the department in writing.
(b)
			 The provisions of this Part that become effective September 1, 1994 shall apply
			 to those group homes established on or after such date. If compliance with any
			 of the provisions of this Part that become effective September 1, 1994 creates
			 an undue hardship for any group home in operation prior to such date, the group
			 home must, within one year of such date, submit to the department a schedule
			 indicating when the group home will achieve compliance with such provision. The
			 compliance schedule is subject to approval by the department and compliance
			 with all provisions that become effective September 1, 1994 must be achieved
			 within five years of such date.
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 448 - Group Homes › Section 448.7 - Discontinuance

Current through Register Vol. 46, No. 28, July 10, 2024
The operation of a group home may not be discontinued
			   except upon service of written notice to the department at least 90 days in
			   advance of the proposed discontinuance. Such notice must comply with the
			   requirements of section
			   476.2(d) 
			   of this Title.
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 448 - Group Homes › Section 448.9 - Recreation

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 Leisure activities and planned recreation will be provided, including sports
			 and cultural activities.
(b)
(1) At least one designated staff member who
			 has a valid water safety instructor's certificate from the American Red Cross,
			 or from an equivalent certifying organization, will be responsible for the
			 general operation of a swimming pool or bathing beach operated by the group
			 home.
(2) Children participating in
			 swimming pool or bathing beach activities will at all times be supervised by a
			 public or private lifeguard or at least one individual who has a valid
			 certificate of advanced lifesaving or of Water Safety Instructor from the
			 American Red Cross, or its equivalent from another certifying
			 organization.
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 448 - Group Homes › Section 448.10 - Approved respite care and services provider

Current through Register Vol. 46, No. 28, July 10, 2024
Group homes may be approved as approved respite care and
			   services providers pursuant to Part 435 of this Title and when so approved are
			   subject to all applicable requirements of such Part.
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 448 - Group Homes › Section 448.11 - Certification for Specialized Programs to Serve Prenatal, Postpartum or Parenting Youth

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any facility
			 governed by this Part may apply to the Office of Children and Family Services
			 for certification for the program as a specialized program to serve prenatal,
			 postpartum or parenting youth. Such application shall be in writing and shall
			 be made in the time and manner as directed by the Office of Children and Family
			 Services.
(b) At minimum, such
			 application must:
(1) Demonstrate that the
			 facility is in compliance with requirements of this Part and, specifically, any
			 requirement contained within this Part that applies to parenting a youth, a
			 child of a parenting youth, or a parenting youth and child of a parenting youth
			 unit, as such terms are defined in section
			 427.2  of this Title.
(2) Demonstrate requisite Office of Children
			 and Family Services approval of manuals, policies and procedures for a
			 specialized program to serve pregnant, postpartum or parenting youth. Such
			 materials include but are not limited to:
(i)
			 Policy and policy manuals required by section
			 441.4  of this Title;
(ii) Policies and procedures specific to the
			 care and services that shall be provided to a parenting youth, a child of a
			 parenting youth, a parenting youth and a child of a parenting youth unit, as
			 such terms are defined in section
			 427.2  of this Title, and for youth
			 who are pregnant or postpartum, including but not limited to:
(a) Admission and intake
			 procedures;
(b) Training for staff
			 on topics related to the care and treatment of pregnant, postpartum or
			 parenting youth and the children of parenting youth, which may include, but not
			 be limited to:
(1) Child
			 development;
(2) Care for
			 postpartum youth;
(3) Youth and
			 family engagement;
(4) Safety risks
			 during pregnancy and for postpartum youth; and
(5) Safety risks for infants if the facility
			 will provide care to any child of a parenting youth that may be an infant;
			 and
(c) Staffing
			 ratios;
(d) Proposed model of
			 trauma-informed care;
(e) Promotion
			 of cultural awareness, and competency regarding race, culture, gender, sexual
			 orientation and socioeconomic factors;
(f) Community engagement;
(g) Case planning and permanency
			 services;
(h) Clinical and
			 behavioral health services;
(i)
			 Availability of medical services;
(j) Educational, vocational, training and
			 independent living services; and
(k) Specific services and programing tailored
			 to meet the needs of pregnant, postpartum, parenting youth or the children of
			 parenting youth; and
(3) Include any other information as may be
			 required by the Office of Children and Family
			 Services.
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 448 - Group Homes › Section 448.12 - Waivers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any provision of
			 other Parts of this Title notwithstanding, a written waiver of one or more of
			 the non-statutory requirements of this of this Part may be issued be the Office
			 to an applicant for, or the holder of, a license or an operating certificate
			 from the Office to operate a program or facility pursuant to this Part.
			 Provided however, that no program or facility may apply for a waiver regarding
			 any requirements regarding non-discrimination. The waiver pursuant to this
			 section may be issued at the time of application for a license or operating
			 certificate to become a program or facility pursuant to this Title. A program
			 or facility which applies for a waiver subsequent to the issuance of a license
			 or operating certificate, must operate in full compliance with the regulations
			 at all times prior to the issuance of a waiver.
(b) An applicant for, or holder of, a license
			 or certificate to operate a program or facility pursuant to this Part must
			 submit to the office, in writing, any request for a waiver pursuant to this
			 section. The Office may prescribe a form to be used for waiver requests. The
			 application for a waiver must include:
(1)
			 The specific regulation or regulations for which a waiver is sought;
(2) The reason a waiver is necessary;
			 and
(3) A description of what will
			 be done to achieve or maintain the intended purpose of the regulation or
			 regulations for which a waiver is sought and to protect the health, safety and
			 welfare of the youth in the program or facility.
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 449 - Supervised Independent Living Programs › Section 449.2 - Conditions for application and approval of a supervised setting program

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
			 authorized agency may not operate a supervised setting program until it
			 receives the written approval of OCFS.
(b) An authorized agency desiring to operate
			 a supervised setting program must apply to OCFS for authorization to operate
			 such a program in a manner as required by OCFS. Such application must include:
(1) a description of the need for the program
			 and a list of the social services districts interested in using the program,
			 ;
(2) a description of the services
			 that will be provided, including a plan setting forth how the services will be
			 provided;
(3) the population to be
			 served;
(4) proposed staffing,
			 including the proposed staff to youth ratio for the program and the procedures
			 for obtaining background checks on prospective employees, volunteers or
			 consultants;
(5) a description of
			 how settings will be located and approved or certified;
(6) a certification that all supervised
			 settings will be operated in compliance with this Part; and
(7) any other information required by
			 OCFS.
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 449 - Supervised Independent Living Programs › Section 449.4 - Requirements for each supervised setting

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Personnel.
(1) Each authorized
			 agency operating a supervised setting program must establish a procedure to
			 review and evaluate the backgrounds of and information supplied by all
			 applicants for employee, volunteer or consultant positions in the supervised
			 setting program. This procedure must take into account any appropriate
			 collective bargaining agreement(s), and in the case of a supervised independent
			 living program operated by a social services official, must also comply with
			 applicable provisions of the Civil Service Law. As part of this procedure, each
			 employee, volunteer, or consultant applicant must submit all of the following
			 information:
(i) a statement or summary of
			 the applicant's employment history, including, but not limited to, any relevant
			 child-caring experience, any experience working with transition age youth with
			 histories of trauma, incarceration, homelessness or foster care, and any of the
			 applicant's own lived experience in foster care that they wish to voluntarily
			 disclose on such statement;
(ii)
			 the names, addresses and, where available, telephone numbers of references who
			 can verify the applicant's employment history, work record and
			 qualifications;
(iii) the names,
			 addresses and telephone numbers of at least three personal references, other
			 than relatives, who can attest to the applicant's character, habits, reputation
			 and personal qualifications; and
(iv) a sworn statement by the applicant
			 indicating whether, to the best of such applicant's knowledge, the applicant
			 has ever been convicted of a crime in New York State or any other
			 jurisdiction.
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 449 - Supervised Independent Living Programs › Section 449.5 - Notification of municipality

Current through Register Vol. 46, No. 28, July 10, 2024
An authorized agency which plans to establish a
			   supervised independent living unit within a municipality must notify the chief
			   executive officer of the municipality in writing of its intentions. Such notice
			   must include a description of the nature, size and the community support
			   requirements, if any, of the unit. For purposes of this subdivision,
			   "municipality" means an incorporated village, if the supervised independent
			   living unit is to be located therein; a town, if the supervised independent
			   living unit is to be located therein and not simultaneously within an
			   incorporated village; or a city, except that in the City of New York, the
			   community board with jurisdiction over the area in which such authorized agency
			   is to be located is considered the municipality.
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 449 - Supervised Independent Living Programs › Section 449.6 - Required documentation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
			 authorized agency operating a supervised independent living program must retain
			 the following information for each supervised independent living unit: a floor
			 plan of the unit showing the dimensions and use of each room, including the
			 capacity of each sleeping room; the locations of toilet and bath fixtures,
			 kitchen and laundry equipment, heating equipment, fire and smoke detection and
			 alarm devices or systems, other fire protection equipment; and the location of
			 all means of egress. OCFS may periodically require reports as to continued
			 compliance and any other inspection reports or documentation required by this
			 Part.
(b) An authorized agency
			 operating a supervised setting program must maintain a record of each youth
			 received for care, showing the name, date of birth and religious faith of the
			 youth; the supervised setting to which the youth is assigned; and other
			 information pertinent for identification and supervision of the
			 youth.
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 449 - Supervised Independent Living Programs › Section 449.8 - Discontinuance

Current through Register Vol. 46, No. 28, July 10, 2024
An authorized agency may not discontinue the operation of
			   a supervised setting program except upon service of written notice to OCFS at
			   least 90 days in advance of the proposed discontinuance. Such notice must
			   comply with the requirements of section
			   476.2(d)  of this
			   Title.
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 450 - Limited Secure Facilities for Youth in the Custody of Social Services Districts › Section 450.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this Part shall apply to the operation
			   by any local social services district of an Office of Children and Family
			   Services' approved juvenile justice close to home initiative for juvenile
			   delinquents placed in limited secure settings and to any facility or program
			   approved by such office as part of the initiative to provide residential care
			   in a limited secure setting to applicable youth adjudicated as juvenile
			   delinquents placed with such social services district.
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 450 - Limited Secure Facilities for Youth in the Custody of Social Services Districts › Section 450.2 - Definitions as used in this Part

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Youth
means a youth
			 adjudicated as a juvenile delinquent pursuant to article 3 of the Family Court
			 Act and placed with the commissioner of a social services district operating an
			 approved juvenile justice services close to home initiative for juvenile
			 delinquents placed in limited secure settings.
(b)
Limited secure facility
or
facility
means an institution, group residence, group home
			 or agency boarding home, as those terms are defined in section
			 441.2  of
			 this Title, that has been approved by the Office of Children and Family
			 Services pursuant to section
			 450.3  of this
			 Part to provide residential care to youth adjudicated as juvenile delinquents
			 pursuant to article 3 of the Family Court Act and placed with the commissioner
			 of a social services district operating an approved juvenile justice services
			 close to home initiative for juvenile delinquents placed in limited secure
			 settings.
(c)
Office
means the Office of Children and Family
			 Services.
(d)
Approval to
			 operate a limited secure facility
means a written operating
			 certificate issued by the office to an authorized agency to operate an
			 institution, group residence, group home or agency boarding home as a limited
			 secure facility.
(e)
Justice Center
means the Justice Center for the Protection of
			 People with Special Needs.