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 430.9 - Appropriate provision of mandated preventive services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For cases authorized for mandated
			 preventive services for the first time after April 1, 1982, the provision of
			 preventive services shall be considered mandated if one of the following
			 standards, as set forth in subdivision (c), (d), (e) or (g) of this section is
			 met: the standard for the provision of mandated preventive services to clients
			 at risk of placement; the standard for the provision of mandated preventive
			 services to clients at risk of replacement in foster care; the standard for the
			 provision of mandated preventive services to return children to their parents;
			 or the standard for recertification of mandated preventive services. For cases
			 receiving mandated preventive services before April 1, 1982, the standard for
			 recertification of mandated preventive services, as set forth in subdivision
			 (g) of this section, shall be met. In all other cases, the provision of
			 preventive services shall be considered nonmandated and the decision to provide
			 such services shall be made solely by the local social services
			 district.
(b) General requirements.
			 The appropriateness of the provision of mandated services shall be documented
			 on the forms prescribed by the department in Part 428 of this Title according
			 to the standards for documentation defined under the standards set forth in
			 subdivision (c), (d), (e) or (g) of this section. These include the standard
			 for the provision of mandated preventive services to clients at risk of
			 placement, the standard for the provision of mandated preventive services to
			 clients at risk of replacement in foster care, the standard for the provision
			 of mandated preventive services to return children to their parents, and the
			 standard for recertification of mandated preventive services. In the absence of
			 documentation in the uniform case record, the provision of such services shall
			 be deemed inappropriate.
(c)
			 Standard for the provision of mandated preventive services to clients at risk
			 of placement. The provision of preventive services shall be considered mandated
			 when such services are essential to improve family relationships and prevent
			 the placement of a child into foster care. The circumstances in which
			 preventive services shall be considered essential for these purposes are the
			 following:
(1) Health and safety of child.
(i) Circumstance. One or more children in the
			 family has been subjected by the parents or caretakers within the 12-month
			 period prior to the date of application for services to serious physical injury
			 by other than accidental means, or to the risk of serious physical injury by
			 other than accidental means, or to a serious impairment or risk of serious
			 impairment of their physical, mental or emotional condition as a result of the
			 failure of the parents or caretakers to exercise a minimum degree of care and
			 such action by the parents has resulted in a determination that an allegation
			 of abuse or maltreatment is indicated.
(ii) Documentation. The first uniform case
			 record form required after the date of authorization for preventive services
			 shall contain a description of instances within the 12 months immediately prior
			 to the date on which the program choice "Preventive" is chosen when the child
			 has been harmed emotionally or physically. The required uniform case record
			 form shall contain a description of the type of harm which has resulted or
			 shall indicate that, at the time of application for service, conditions existed
			 which placed the child or siblings in danger of serious emotional or physical
			 harm and contain a description of the type of physical or emotional harm which
			 would have been likely to result from these conditions. The record shall also
			 contain the date of indication.