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 431 - Care and Protection of Children › Section 431.8 - Procedures in cases of children absent without consent from foster care placement

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Definition.
For purposes of this Part,
a child absent without
			   consent
is a child who has been placed by an authorized agency in
			   foster care in a certified foster boarding home, an approved relative foster
			   home, or a licensed foster care facility, and who runs away or is otherwise
			   absent without the consent of the person(s) or facility in whose care the child
			   has been placed.
(b)
Reporting requirements.
(1) The
			 name of a foster child who is absent without consent from a foster care
			 placement must be reported no later than 24 hours from the time the absence
			 occurs by the foster parent or staff of an agency boarding home, group home, or
			 institution to the authorized agency responsible for supervising the placement
			 of the child.
(2) If the authorized
			 agency receiving the report is a voluntary agency, that agency must also report
			 the child's absence within 24 hours of such absence to the social services
			 district which has custody of the child.
(3)
(i) An
			 authorized agency receiving a report of a child in foster care's absence
			 without consent must report the absence to the local law enforcement agency and
			 to the National Center for Missing and Exploited Children immediately, and in
			 no case later than 24 hours after receiving notice of such absence.
(ii) In addition to the requirement set forth
			 in subparagraph (i) of this paragraph, a social services official must report
			 to law enforcement and to the National Center for Missing and Exploited
			 Children immediately, and in no case later than 24 hours of receiving
			 information that following categories of children are missing or abducted:
(a) a child of a family for which the social
			 services district has an open child protective services or open preventive
			 services case;
(b) a child or youth
			 who is receiving federally funded independent living services;
(c) a child under the supervision of the
			 social services district pursuant to a court order; or
(d) a youth over whom the social services
			 district has supervision responsibilities in accordance with section
			 430.12(f)(4)(i) 
			 (
b
) of this Title.
(iii) An authorized agency receiving
			 information that a child in foster care or a child as referenced in clauses
			 (
a
)-(
d
) of subparagraph (ii) of this
			 paragraph has been identified as being a sex trafficking victim, as defined by
			 applicable Federal law, must immediately, and in no case later than 24 hours
			 after receiving such information, report such child to law
			 enforcement.
(4) An
			 authorized agency receiving a report of a child's absence without consent must
			 report the absence to the child's biological parents within 24 hours of such
			 absence unless the parents' parental rights have been terminated, the parents
			 have surrendered the child for adoption, or the parents cannot be
			 located.
(5) Where the family court
			 has approved the foster care placement, the local social services commissioner
			 in whose custody the foster child has been placed, or a designated
			 representative, must provide written notice to the family court which approved
			 the petition for foster care of the child's absence without consent within 48
			 hours of the reported absence.
(6)
			 A report of a child's absence without consent must be reported to the Child
			 Care Review Service no later than seven calendar days of the absence, and must
			 be documented in the uniform case record within 30 days of such
			 report.