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 2 - Family and Children's Services › Part 436 - Kinship Guardianship Assistance Program › Section 436.9 - Independent living services

Current through Register Vol. 46, No. 28, July 10, 2024
Any child who leaves foster care for guardianship with a
			   relative after attaining 16 years of age for whom kinship guardianship
			   assistance payments are being made under this Part is eligible:
(a) to receive those independent living
			 services that are made available by the social services district to foster
			 children pursuant to section 477 of the Federal Social Security Act;
			 and
(b) to apply for educational
			 and training vouchers made available pursuant to section 477 of the Federal
			 Social Security Act, which will be awarded based on the priorities established
			 by the office and the amount of funds made available there for.
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 436 - Kinship Guardianship Assistance Program › Section 436.10 - Fair hearings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
			 person aggrieved by the decision of a social services official not to make a
			 payment or payments for kinship guardianship assistance, non-recurring
			 guardianship expenses, the State's medical assistance program in accordance
			 with section
			 436.8 
			 of this Part or medical subsidy pursuant to title 10 of article 6 of the Social
			 Services Law or this Part, or to make such payment or payments in an inadequate
			 or inappropriate amount, or the failure by a social services official to
			 determine an application under this Part within 30 days after filing, or the
			 failure of a social services district to agree to a prospective successor
			 guardian being named in an agreement or to approve a prospective successor
			 guardian pursuant to section
			 436.5(a)(1) 
			 of this Part, or the decision of a social services district to terminate an
			 agreement pursuant to section
			 436.4(i) 
			 of this Part, may appeal to the office, which must review the case and give
			 such person an opportunity for a fair hearing thereon and render its decision
			 within 30 days of the completion of the fair hearing. All decisions of the
			 office are binding upon the social services district involved and must be
			 complied with by the social services official thereof.
(b) The only issues which may be raised in a
			 fair hearing under this section are:
(1)
			 whether the social services official has improperly denied an application for
			 payments under title 10 of article 6 of the Social Services Law or this
			 Part;
(2) whether the social
			 services official has improperly discontinued payments under this
			 Part;
(3) whether the social
			 services official has determined the amount of the payments made or to be made
			 in violation of the provisions of title 10 of article 6 of the Social Services
			 Law or this Part;
(4) whether the
			 social services official has failed to determine an application under this Part
			 within 30 days of receipt of a completed application;
(5) whether the social services official has
			 improperly denied an application to name a prospective successor guardian in
			 the original kinship guardianship assistance agreement for payments pursuant to
			 this Title or any amendments thereto;
(6) whether a social services official has
			 inappropriately failed to approve a prospective successor guardian;
			 or
(7) whether a social services
			 official has inappropriately terminated an agreement for payments under 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 2 - Family and Children's Services › Part 436 - Kinship Guardianship Assistance Program › Section 436.11 - Claiming

Current through Register Vol. 46, No. 28, July 10, 2024
Claims for reimbursement for payments of kinship
			   guardianship assistance and non-recurring guardianship expenses must be made by
			   each social services district in such form and manner and at such times and for
			   such periods as required by the office.
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 437 - Differential Response for Children Under 12 Years of Age › Section 437.1 - Legal Authority

Current through Register Vol. 46, No. 28, July 10, 2024
This subpart is established pursuant to Chapter 810 of
			   the Laws of 2021, as amended by Chapter 38 of the Laws of 2022, which provides
			   that the Office of Children and Family Services shall promulgate regulations
			   regarding the differential response for children under 12 years of age who do
			   not fall under the definition of juvenile delinquent under section
			   301.2  of the Family Court Act, but
			   whose behavior would otherwise bring them under the jurisdiction of Article 3
			   of the Family Court Act.
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 437 - Differential Response for Children Under 12 Years of Age › Section 437.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Child
			 Welfare Services Plan means the district-wide plan, as required under 409-d of
			 the Social Services Law.
(b)
			 Differential Response Program means a program established under these
			 regulations for eligible children under 12 years of age.
(c) Eligible child means a child under 12
			 years of age, who does not fall under the definition of juvenile delinquent
			 pursuant to subparagraph (iii) of paragraph (a) of subdivision one of section
			 301.2  of the Family Court Act and
			 whose behavior, but for their age, would bring them within the jurisdiction of
			 the family court pursuant to Article 3 of the Family Court Act.
(d) Family shall include but not be limited
			 to biological relationships; relationships through marriage, partnership, or
			 adoption; caretakers of the child; siblings; adults with a positive
			 relationship to the child or child's family; caretakers of any siblings; or
			 other persons whom the eligible child or their family may consider to be
			 critical supports.
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 437 - Differential Response for Children Under 12 Years of Age › Section 437.3 - Program Requirement

Current through Register Vol. 46, No. 28, July 10, 2024
All local social services districts (districts) are
			   required to establish a differential response program for the eligible children
			   within the district. Services offered through the differential response program
			   are voluntary to the eligible child and their family. Details of the program
			   and the implementation plan must be reflected in the district child welfare
			   services plan.
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 437 - Differential Response for Children Under 12 Years of Age › Section 437.4 - Plan Requirement

Current through Register Vol. 46, No. 28, July 10, 2024
Districts must include details of their differential
			   response program for children under 12 years of age in their child welfare
			   services plan. Such information must include, but is not limited to the
			   following:
(a) A description of how
			 the differential responses will enhance the ability of the district to reduce
			 the likelihood of the eligible child's interactions with the juvenile justice
			 and child welfare systems in the future and ensure the safety and well-being of
			 the eligible children. Such description should also include how any family
			 needs and concerns will be supported.
(b) A description of how such differential
			 response addresses adverse impacts on marginalized communities.
(c) A description of the assessments that
			 shall be utilized to determine whether services are necessary and if necessary,
			 the least restrictive interventions that meet the needs of the eligible child
			 and their family. Such tools shall include, but not be limited to, assessment
			 of the eligible child's and their family's strengths, concrete needs, and
			 challenges. Such assessments should consider any individualized vulnerabilities
			 and be responsive to the child and their family's culture.
(d) A description of services and supports to
			 be provided to the eligible child and their family to include but not be
			 limited to preventive services, if eligible, in accordance with Social Services
			 Law Section 409-a and 18 NYCRR Part 423, and family support services programs
			 as defined in 458-m as required or available, and how the services will be
			 offered. Services offered through the differential response are voluntary and
			 must be identified as such in the plan.
(e) A description of the process to be
			 followed for how the district will plan and monitor the services provided under
			 the differential response.
(f) A
			 description of the training to be required for staff engaged in implementation
			 of the differential response. This includes training for district and relevant
			 non-district staff who will be working with eligible children and their
			 families. Such description shall include the training for law enforcement
			 within the district whose main responsibilities are juveniles, pursuant to
			 section 840  of the
			 Executive Law.
(g) A description of
			 any additional funding that shall be made available to enhance the differential
			 response.
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 437 - Differential Response for Children Under 12 Years of Age › Section 437.5 - Records, Retention and Confidentiality

Current through Register Vol. 46, No. 28, July 10, 2024
Records created under a district's differential response
			   program shall
(a) include, at a
			 minimum, information regarding the reason(s) the child was referred to the
			 differential response program, documentation of all services offered and
			 accepted by the eligible child and their family, and all evaluations and
			 assessments of that child's progress; and
(b) be maintained for five (5) years after an
			 eligible child has been referred to the district or until the eligible child
			 reaches the age of 12, whichever is sooner. The district shall destroy
			 differential response program records when they reach the retention benchmark.
Records are confidential and shall not be disclosed
			   except as set forth in section 458-o (3)(c)  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 2 - Family and Children's Services › Part 439 - QUALIFIED RESIDENTIAL TREATMENT PROGRAMS › Section 439.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this Part shall apply whenever, on or
			   after September 29, 2021, a child in the care and custody or the custody and
			   guardianship of the commissioner of a local social services district or the
			   Office of Children and Family Services is:
(a) Placed into a qualified residential
			 treatment program, as such term is defined in section
			 441.2  of this Title on or after
			 September 29, 2021; or
(b) Where
			 placement of a child into a qualified residential treatment program is
			 contemplated and an assessment in accordance with section
			 439.2  of this Part and in
			 accordance with section 409-h  of the Social Services Law is initiated regarding
			 potential placement of a child into a qualified residential treatment program
			 on or after September 29, 2021.
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 439 - QUALIFIED RESIDENTIAL TREATMENT PROGRAMS › Section 439.2 - Required Assessment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Prior
			 to a child's placement in a qualified residential treatment program, as defined
			 in section
			 441.2  of this Title, but at least
			 within 30 days of the start of a placement in a qualified residential treatment
			 program of where the placement into the qualified residential treatment program
			 would occur on or after September 29, 2021, a qualified individual as defined
			 in section
			 441.2  of this Title shall complete
			 an assessment as to the appropriateness of such placement utilizing an
			 age-appropriate, evidence-based, validated, functional assessment tool approved
			 by the federal government for such purpose.
(b) Such assessment shall be in accordance
			 with section 409-h  of the Social Services Law and any applicable federal
			 requirements, and shall include, at minimum:
(1) An assessment of the strengths and needs
			 of the child;
(2) A determination
			 of the most effective and appropriate level of care for the child in the least
			 restrictive setting, including whether the needs of the child can be met with
			 family members or through placement in a foster family home, or a qualified
			 residential treatment program or a qualified residential treatment program
			 exception, as such terms are defined in section
			 441.2  of this Title, consistent
			 with the short-term and long-term goals for the child as specified in the
			 child's permanency plan. Such assessment shall be completed in conjunction with
			 the family and permanency team established pursuant to section
			 439.3  of this Part; and
(3) Develop a list of child-specific
			 short-and long-term mental and behavioral health goals.
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 439 - QUALIFIED RESIDENTIAL TREATMENT PROGRAMS › Section 439.3 - Family and Permanency Team

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If an
			 assessment is initiated pursuant to section
			 439.2  of this Part and in
			 accordance with section 409-h  of the Social Services Law, the social services
			 district shall assemble a family and permanency team for the child as such term
			 is defined in section
			 441.2  of this Title. The qualified
			 individual, as such term is defined in section
			 441.2  of this Title, that is
			 conducting the assessment required under section 409-h  of the Social Services
			 Law shall work in conjunction with the team while conducting and making the
			 assessment.
(b) The family and
			 permanency team shall consist of all appropriate biological family members,
			 relatives, and fictive kin of the child as well as, as appropriate,
			 professionals who are a resource to the family of the child, such as the
			 attorney for the child or the attorney for the parent, if applicable, and
			 teachers, medical or mental health providers who have treated the child, or
			 clergy. In the case of a child who has attained age 14, the family and
			 permanency team shall include the members of the permanency planning team for
			 the child that are selected by the child in accordance with
			 42 United States Code
			 section 675 and the state's approved Title
			 IV-E state plan.
(c) The social
			 services district shall document in the child's case plan those items as set
			 forth in section
			 428.5  of this Title pertaining to
			 the formation and preferences of the family and permanency team.
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 439 - QUALIFIED RESIDENTIAL TREATMENT PROGRAMS › Section 439.4 - Qualified Residential Treatment Program Requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
			 qualified residential treatment program as defined in section
			 441.2  of this Title shall meet all
			 applicable requirements contained within Parts 442, 447 and 448 of this Title,
			 as applicable, except:
(1) As expressly
			 stated within this section;
(2)
			 Where there is a conflict between the standards in this Part and standards set
			 forth elsewhere in this Title, in which case the standards set forth in this
			 Part shall apply; or
(3) When a
			 waiver or exception to the particular regulatory requirement is granted under
			 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 2 - Family and Children's Services › Part 439 - QUALIFIED RESIDENTIAL TREATMENT PROGRAMS › Section 439.5 - Long Stayers - Special Provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) As
			 used in this section the term "long stayer" shall mean any child who is placed
			 in a qualified residential treatment program as defined in section
			 441.2  of this Title, for:
(1) More than 12 consecutive months when the
			 child is age 13 or over; or
(2)
			 More than 18 nonconsecutive months when the child is age 13 or over;
			 or
(3) More than 6 consecutive or
			 nonconsecutive months when the child has not yet attained 13 years of
			 age.
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 439 - QUALIFIED RESIDENTIAL TREATMENT PROGRAMS › Section 439.6 - Aftercare

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Youth
			 who are stepped down to a placement in a foster family-home or discharged from
			 foster care from a qualified residential treatment program must be offered, at
			 minimum, six months of aftercare services as such term is defined in section
			 441.2  of this Title by the agency
			 that provided the qualified residential treatment services.
(b) Qualified residential treatment programs
			 shall:
(1) Begin planning discharge and
			 aftercare services for every child entering their qualified residential
			 treatment program within 72 hours of the child's entry into that residential
			 program and incorporate such planning into the child's discharge planning
			 activities required pursuant to section
			 439.4  of this Part;
(2) Utilize the support team plan developed
			 in accordance with section
			 441.22  of this Title to identify
			 the goals and objectives that will guide the discharge and aftercare
			 plan;
(3) Provide or contract for
			 the provisions services identified by the support team and aftercare plan for
			 at least six months.
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 439 - QUALIFIED RESIDENTIAL TREATMENT PROGRAMS › Section 439.7 - Certification for Qualified Residential Treatment Programs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
			 authorized agency may apply to the Office of Children and Family Services for
			 certification for the program as a qualified residential treatment program.
			 Such application must 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 program is in
			 compliance with requirements of this Part and, specifically, any requirement
			 that may apply to a qualified residential treatment program through application
			 of Parts 441 or 442 of this Title.
(2) Demonstrate that the program has obtained
			 approval from the Office of Children and Family Services for the requisite
			 manuals, policies and procedures for certification as a qualified residential
			 treatment program, including, but not necessarily limited to:
(i) Policy and policy manuals required by
			 section 441.4  of this Title;
(ii) Appropriate policies and procedures
			 specific to the care and services that must be provided to children anticipated
			 to be placed in the qualified residential treatment program and their families
			 as may be required by this Part or a policy or administrative directive of the
			 Office of Children and Family Services.
(3) 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 2 - Family and Children's Services › Part 439 - QUALIFIED RESIDENTIAL TREATMENT PROGRAMS › Section 439.8 - 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 Title may be issued be the
			 Office of Children and Family Services to an applicant for, or the holder of,
			 an operating certificate from the Office of Children and Family Services to
			 operate a qualified residential treatment program under this Part. Provided
			 however, that no program may apply for a waiver for any requirements regarding
			 non-discrimination. A waiver pursuant to this section may be issued at the time
			 of application for an operating certificate to become a qualified residential
			 treatment program or subsequent to the issuance of an operating certificate to
			 operate a qualified residential treatment program. A program which applies for
			 a waiver subsequent to the issuance of an operating to be a qualified
			 residential treatment program, 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
			 certificate to operate a qualified residential treatment program must submit to
			 the Office of Children and Family Services, 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.
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 440 - PROGRAMS FOR YOUTH WHO HAVE BEEN OR ARE AT-RISK OF SEX TRAFFICKING › Section 440.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to establish the
			   requirements to operate a program that provides high-quality residential care
			   and supportive services to children and youth aged 10 and older who have been
			   found to be, or are at risk of becoming, survivors of sex trafficking.
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 440 - PROGRAMS FOR YOUTH WHO HAVE BEEN OR ARE AT-RISK OF SEX TRAFFICKING › Section 440.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Approval to operate a facility
means a written operating
			 certificate issued by the Office to an authorized agency to operate a group
			 home, agency boarding home or institution facility in accordance with all
			 applicable regulations.
(b)
Culture
includes but is not limited to the practices of people
			 in the facility that promote healing, connection and participation in
			 self-growth of youth and families.
(c)
Facility
is defined as
			 the building and grounds of a group home, agency boarding home or institution,
			 as those terms are defined in section
			 441.2  of this Title, that has been
			 approved by the Office pursuant to Parts 476 or 477 of this Title.
(d)
Justice Center
means the
			 New York State Justice Center for the Protection of People With Special
			 Needs.
(e)
Office
means the Office of Children and Family Services.
(f)
Permanency resources
is
			 defined as an individual or individuals who are willing and available to care
			 for the youth upon discharge.
(g)
Positive youth development
is defined as an intentional,
			 prosocial approach that engages youth within their communities, schools,
			 organizations, peer groups, and families in a manner that is productive and
			 constructive; recognizes, utilizes, and enhances young people's strengths; and
			 promotes positive outcomes for young people by providing opportunities,
			 fostering positive relationships and furnishing the support needed to build on
			 their leadership strengths.
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 440 - PROGRAMS FOR YOUTH WHO HAVE BEEN OR ARE AT-RISK OF SEX TRAFFICKING › Section 440.3 - Approval

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
			 authorized agency shall apply to the Office in writing for an operating
			 certificate to operate a group home, agency boarding home or institution as a
			 facility in which this program type operates, in a form and manner as required
			 by the Office.
(1) At minimum, such
			 application shall:
(i) Demonstrate that the
			 facility is in compliance with requirements of this Part and, specifically, any
			 requirement that may apply to a program for youth who have been or are at-risk
			 of sex trafficking through application of Part 441 of this Title and that the
			 program will serve no more than 12 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 2 - Family and Children's Services › Part 440 - PROGRAMS FOR YOUTH WHO HAVE BEEN OR ARE AT-RISK OF SEX TRAFFICKING › Section 440.4 - General Requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 Programs shall have a physical environment, culture and programming to support
			 the healing of youth who have experienced significant sexual trauma.
(b) Physical Plant. In addition to all
			 physical plant requirements set forth in Parts 442, 447 and 448 as applicable,
			 facilities shall additionally maintain a physical environment that is home-like
			 and welcoming.
(1) Furnishings shall be
			 maintained in good and clean condition, and be durable without being
			 institutional in nature, materials and design.
(2) The facility should apply standards of
			 design and materials that are trauma-responsive as required by the Office. Such
			 standards include efforts to minimize noise, and the use of color and light to
			 promote healing and calming responses.
(3) Single occupancy bedrooms should be made
			 available to each youth. Youth may opt to share a bedroom with one other youth
			 in a bedroom that meets all requirements with Parts 442, 447 and Part 448 as
			 applicable.
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 440 - PROGRAMS FOR YOUTH WHO HAVE BEEN OR ARE AT-RISK OF SEX TRAFFICKING › Section 440.6 - 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 Title may be issued be the
			 Office to an applicant for, or the holder of, an operating certificate from the
			 Office to operate a program for youth who have been or are at-risk of sex
			 trafficking under this Part. Provided however, that no program may apply for a
			 waiver for any requirements regarding non-discrimination. A waiver pursuant to
			 this section may be issued at the time of application for an operating
			 certificate to become a program for youth who have been or are at-risk of sex
			 trafficking or subsequent to the issuance of an operating certificate to
			 program for youth who have been or are at-risk of sex trafficking. A program
			 which applies for a waiver subsequent to the issuance of an operating to be a
			 program for youth who have been or are at-risk of sex trafficking, 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 certificate to operate a program for youth who have been or are
			 at-risk of sex trafficking 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.
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 441 - General › Section 441.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this Article, except as may be
			   otherwise limited, shall apply, in appropriate part or parts, to all child-care
			   agencies, facilities and programs, public and private, subject to visitation,
			   inspection and supervision 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 441 - General › Section 441.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Article:
(a)
Child
or
youth
means a person who meets all of the following criteria:
(1) Age.
(i) the child or youth is under the age of 18
			 years; or
(ii) is between the ages
			 of 18 and 21 years and entered foster care before his or her 18th birthday, and
			 has consented to remain in foster care past his or her 18th birthday or
			 re-entered foster care in accordance with article 10-B of the Family Court Act;
			 or
(iii) is under 24 years of age
			 and entered foster care pursuant to a delinquency adjudication in accordance
			 with article 3 of the Family Court Act which occurred on or after October 1,
			 2018 for a child who was 16 years of age at the time of the offense or on or
			 after October 1, 2019 for a child who was 17 years of age at the time of the
			 offense.
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 441 - General › Section 441.3 - Voluntary authorized agencies; general terms and conditions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Governing board.
(1) The legally
			 constituted board of directors or other governing board of an agency shall
			 manage the affairs of such agency in accordance with applicable provisions of
			 law, rules of the State Department of Social Services, the agency's certificate
			 of incorporation and duly adopted bylaws. In the event an agency operates more
			 than one institution, the governing board shall appoint a separate advisory
			 body for each institution operated by such agency, except group
			 residences.
(2) No member of the
			 governing board of an agency or any of its advisory bodies may be an employee
			 of the agency, except that the chief executive officer may serve on such board
			 or any of its advisory bodies as a nonvoting member.
(3) No member of the governing board of an
			 agency or any of its advisory bodies may engage, directly or indirectly, in any
			 business or activity which is in substantial conflict with the proper discharge
			 of his duties as a member of such governing board or advisory body.
(4) The governing board shall:
(i) appoint a chief executive officer, by
			 whatever title designated, who shall be responsible to the governing board for
			 the proper administration of the agency;
(ii) make or cause to be made, receive and
			 preserve such records and reports as may be required;
(iii) meet as often as may be necessary, at
			 least four times a year, to assure the proper operation of the agency and to
			 assure the proper care of children for whom such agency is
			 responsible;
(iv) maintain and
			 keep, at the main office of the agency, minutes of each of its
			 meetings;
(v) make periodic reviews
			 at least once a year of the agency's written policies on intake for all of its
			 programs and review its services and programs to determine whether they meet
			 the needs of the children in its care or would meet the needs of children
			 awaiting such care and record such reviews in the minutes;
(vi) review the agency's certificate of
			 incorporation or other organic charter and bylaws at least once every five
			 years to determine whether they properly reflect the current or proposed
			 functioning of the agency, and to make amendments accordingly and record such
			 review in the minutes;
(vii)
			 develop and maintain a program of orientation and training for all new members
			 of such board.
(5) The
			 bylaws of an agency shall provide for the appointment of such standing
			 committees as may be appropriate and prescribe their functions and
			 responsibilities.
(6) The governing
			 board or committee thereof shall visit each institution operated by such
			 agency, at least annually.
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 441 - General › Section 441.4 - Policy and policy manuals

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
			 child-care agency and facility operated by such agency will maintain, and keep
			 current and available, a manual or manuals which clearly state the policies of
			 such agency with respect to its programs including policies on agency
			 continuous quality improvement, admission criteria and procedures, psychiatric
			 and medical care, social services, treatment of youth of all sexual
			 orientations, genders, gender identities and expression, child care, education,
			 religious observance, religious instruction and training, discharge criteria
			 and procedures, discipline and restraint, appropriate custodial conduct,
			 children's rights, use of de-escalation rooms, shelter, clothing, youth's
			 personal property, diet, work and recreation, plant maintenance, fire,
			 sanitation and safety, and any other policy or procedure that is subject to
			 approval of the Office in accordance with any provision contained within this
			 Title.
(b) A separate manual will
			 be maintained by such residential care facility on personnel policies and
			 practices, including a clear delineation of areas of responsibility and
			 delegations of authority. Such manual will contain the following
			 employee/supervisory activities and will describe how each activity set forth
			 below will be implemented.
(1) Supervisors
			 will be responsible for:
(i) orienting
			 employees;
(ii) monitoring employee
			 performance and employee evaluation;
(iii) directly observing staff interaction
			 with children;
(iv) meeting with
			 their employees on a regular basis to discuss the employee's job performance;
			 and
(v) informing employees that
			 use of alcohol or illegal drugs while on duty or the provision of any alcohol
			 or illegal drugs to child(ren) will constitute inappropriate custodial conduct
			 and will constitute grounds for dismissal.
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 441 - General › Section 441.5 - Age requirements for care

Current through Register Vol. 46, No. 28, July 10, 2024
An authorized agency may admit into any program of care a
			   child actually or apparently under the age of 18, and may continue to care for
			   such child until the age of 21.
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 441 - General › Section 441.6 - Solicitation of funds

Current through Register Vol. 46, No. 28, July 10, 2024
No child care agency shall require or permit any child in
			   its care to solicit funds for the agency or any of its programs, or permit any
			   such child to be identified by name in any solicitation
			   literature.
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 441 - General › Section 441.7 - Records and reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
			 authorized agencies must:
(1) maintain
			 current case records for each child in its care, in accordance with the
			 requirements of section 372  of the Social Services Law. The records
			 must be conveniently indexed and retained in accordance with the requirements
			 set forth in section
			 428.10(a)(5) 
			 of this Title. The records must also include the intake study; the plan of
			 service; plan for discharge and aftercare, where applicable; the care and
			 services provided, including social, psychiatric and psychological services,
			 social history of the child and the child's family; certification of birth;
			 medical and surgical consent from parent or guardian; record of school
			 placement; reports from other agencies; all pertinent correspondence; and
			 periodic progress reports which must consist of social information,
			 psychological or psychiatric reports, if applicable, medical and dental
			 reports, reports from staff, and aftercare reports. The requirements of this
			 paragraph must not be construed to require agencies to maintain duplicate
			 records for those maintained by them pursuant to Part 428 of this
			 Subchapter.
(2) maintain a record
			 from which an accurate roll call of all children in care may be readily made;
			 and
(3) maintain a record of the
			 names, addresses and dates of visit of every person visiting any child in care;
			 such names and addresses must be recorded at the time of each visit.
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 441 - General › Section 441.8 - Abuse or neglect of children

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
			 abuse or neglect of a child, either as an incident of discipline or otherwise,
			 is absolutely prohibited. Acts of abuse or neglect for children in the care of
			 residential programs are defined by section 488.1(a)-(h)  of the Social Services
			 Law.
(b) All child care agencies
			 shall prohibit the abuse or neglect of any children in their care, shall not
			 tolerate or in any manner condone an act of abuse or neglect by any staff
			 member or by any other person under their control, and shall vigorously and
			 strictly enforce policies against abuse and neglect.
(c) Reports of abuse, neglect, and
			 significant incidents as defined in section 488  of the Social Services Law and Part 433
			 of this Title must be made to the Vulnerable Persons' Central Register as
			 established in section 492  of the Social Services Law. Persons who
			 must make reports in accordance with this Title and the provisions of section 491  of the Social Services Law include any
			 director, operator, employee or volunteer of a facility or provider agency and
			 any consultant or employee or volunteer of a corporation, partnership,
			 organization or governmental entity which provides goods or services to a
			 facility or provider agency pursuant to contract or other arrangement that
			 permits such person to have regular and substantial contact with individuals
			 who are cared for by the facility or provider agency.
(d) Volunteers and employees of all child
			 care agencies and facilities who have child-caring responsibilities will report
			 any suspected incidents of child abuse or maltreatment concerning a family, a
			 foster family boarding home or a day care to the Statewide Central Register of
			 Child Abuse and Maltreatment or cause such a report to be made when such
			 volunteers and employees have reasonable cause to suspect that a child coming
			 before them in their professional or official capacity is an abused or
			 maltreated child. Whenever such person is required to report to the Statewide
			 central Register of Child Abuse and Maltreatment pursuant to this subdivision,
			 he/she will immediately notify the person in charge of the agency or facility
			 or that person's designee of the alleged abuse or maltreatment of a
			 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 441 - General › Section 441.9 - Discipline

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 Deprivation of meals, snacks, mail or visits by family, as methods of
			 discipline are prohibited.
(b) Room
			 isolation, as a method of discipline, is prohibited.
(c) Corporal punishment is
			 prohibited.
(d) Solitary
			 confinement is prohibited.
(e)
			 Discipline shall be prescribed, administered and supervised only by adults.
			 Such responsibilities shall never be delegated to children.
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 441 - General › Section 441.10 - Work experiences for children

Current through Register Vol. 46, No. 28, July 10, 2024
(a) As
			 part of its services an agency shall provide work experiences which have value
			 by encouraging positive attitudes in children toward work and toward
			 themselves. The particular work experience shall be individualized and related
			 to an evaluation of the child's needs, and shall be appropriate to the child's
			 age, physical strength and readiness to do the task.
(b) Children shall be encouraged to take
			 pride in their group living unit by performing daily tasks.
(c) Major work experiences made available for
			 pay either directly by the agency or through a community resource shall also be
			 encouraged. Within these and other work assignments shall be training
			 components and direct supervision designed to stimulate the child's interest
			 and to offer opportunities for development of skills of benefit to the
			 children. In addition, there shall be constant concern for the rights of the
			 child and the child shall participate in decisions regarding work
			 assignments.
(d) All work shall be
			 performed under the supervision of responsible adults. Work experience shall
			 not supersede academic education, clinical intervention, religious observance,
			 family contact, recreation, community or other activities within the agency's
			 normal program format. All work shall be done in accordance with applicable
			 labor laws.
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 441 - General › Section 441.11 - Religion

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
			 child care agency shall be responsible for the religious and moral welfare of
			 every child in its care and shall include in its policy manual a positive
			 policy on matters pertaining to religious observance, instruction and
			 training.
(b) Provision shall be
			 made for each child to attend services conducted in his own religious faith and
			 to receive instruction in such faith, unless the parents or surviving parent or
			 legal guardian expressly request otherwise in writing.
(c) In accordance with the provisions of
			 section 373  of the Social Services Law, a child
			 cared for in a family home, agency boarding home or group home shall, when
			 practicable, be under the care and supervision of persons of the same religious
			 faith; other than for temporary or emergency care or under exceptional
			 circumstances, no child shall be boarded by or with persons not of the same
			 religious faith as the child, or placed in an agency boarding home in which the
			 persons caring for the child are not of the same religious faith as the child,
			 but in any case the religious faith of the child must be preserved and
			 protected; if cared for in a voluntary institution, such institution shall,
			 when practicable, be operated by a voluntary authorized agency under the
			 control of persons of the same religious faith as such child. Voluntary
			 authorized agencies that care for children of different religious faiths shall
			 make provision for the protection of the religious faith of each child as
			 required in subdivisions (a) and (b) of this section.
(d) The religion of a child in care shall not
			 be changed, except on the written request of his parents or surviving parent or
			 legal guardian.