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 433 - Abuse, Neglect and Significant Incidents Involving Vulnerable Persons › Section 433.7 - Incident management program

Current through Register Vol. 46, No. 28, July 10, 2024
Facilities or provider agencies shall establish policies
			   or practices that require the following:
(a) all reportable incidents are identified
			 and reported to the Vulnerable Persons' Central Register in accordance with all
			 applicable laws and regulations;
(b) all reportable incidents are promptly
			 investigated, if such investigation has been delegated to the facility or
			 provider agency for investigation;
(c) individual reportable incidents and
			 incident patterns and trends are reviewed to identify and implement
			 preventative and corrective actions, which may include, but are not limited to
			 staff retraining, appropriate disciplinary action allowed by law or contract,
			 or opportunities for improvement;
(d) information regarding individual
			 reportable incidents, incident patterns and trends, and patterns and trends in
			 reporting and responses to reportable incidents shall be shared consistent with
			 applicable law, with the Justice Center in the form and manner required by the
			 Justice Center or the Office of Children and Family Services 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 433 - Abuse, Neglect and Significant Incidents Involving Vulnerable Persons › Section 433.8 - Incident review committees

Current through Register Vol. 46, No. 28, July 10, 2024
Facilities or provider agencies shall establish an
			   incident review committees pursuant to section 490 (1)(f)  of the Social
			   Services Law.
(a) Such committee must
			 be composed of members of the governing body of the facility or provider agency
			 and other persons identified by the director of the facility or provider agency
			 including some members of the following: direct support staff, licensed health
			 care practitioners, service recipients and representatives of family, consumer
			 and other advocacy organizations, but not the director of the facility or
			 provider agency.
(b) Incident
			 review committee requirements may be waived by the Office of Children and
			 Family Services upon written application, based on size or the facility or
			 provider agency or other relevant factors. Waivers granted by the Office of
			 Children and Family Services shall be in accordance with rules and regulations
			 issued by the Justice Center.
(c)
			 An incident review committee shall meet regularly to:
(1) review the timeliness, thoroughness and
			 appropriateness of the facility or provider agency's response to reportable
			 incidents;
(2) recommend additional
			 opportunities for improvement to the director of the facility or provider
			 agency, if appropriate;
(3) review
			 incident trends and patterns concerning reportable incidents;
(4) make recommendations to the director of
			 the facility or provider agency to assist in reducing reportable incidents;
			 and
(5) the facility or provider
			 agency shall cooperate with the Justice Center or the Office of Children and
			 Family Services in all investigations and provide access to the facility
			 premises and all records.
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 433 - Abuse, Neglect and Significant Incidents Involving Vulnerable Persons › Section 433.9 - Records

Current through Register Vol. 46, No. 28, July 10, 2024
Records of facilities or provider agencies, as defined in
			   section 488 (4)  of the Social
			   Services Law, shall be made available for public inspection and copying when
			   such records relate to abuse and neglect of vulnerable persons to the same
			   extent that those records would be available from a state agency. Requests for
			   such records shall be made in writing to the Justice Center. Facilities or
			   provider agencies covered by this subdivision shall cooperate with the Justice
			   Center, including providing any requested records to the Justice
			   Center.
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 433 - Abuse, Neglect and Significant Incidents Involving Vulnerable Persons › Section 433.10 - Death reporting

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every
			 director, operator or other person in charge of a facility or provider agency
			 as defined in section 488  of the Social Services Law shall report
			 to the Justice Center:
(1) the death of a
			 vulnerable person, as defined in section 488  of the Social Services Law, who is
			 receiving services from the facility or provider agency;
(2) the death of a vulnerable person, as
			 defined in section 488  of the Social Services Law, who received
			 service from the facility or provider agency in the last 30 calendar days
			 preceding their death.
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 433 - Abuse, Neglect and Significant Incidents Involving Vulnerable Persons › Section 433.11 - Compliance

Current through Register Vol. 46, No. 28, July 10, 2024
All facilities or provider agencies shall comply with all
			   laws, regulations, rules and policies as prescribed by the Justice Center and
			   shall cooperate with all investigations and inquiries made by either the Office
			   of Children and Family Services or the Justice Center, including requests for
			   access to all facilities and programs and all facility or program
			   records.
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 434 - Child Protective Services Administrative Hearing Procedure › Section 434.1 - Scope

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this Part apply to the following
			   hearings:
(a) Hearings held pursuant
			 to section 422  of the Social Services Law to determine
			 by a fair preponderance of the evidence whether the record of a report
			 maintained in the State Central Register of Child Abuse and Maltreatment should
			 be amended or expunged and, if such report is indicated, whether the act or
			 acts of child abuse or maltreatment described in such report could be relevant
			 and reasonably related to the appropriateness of the subject to engage in child
			 care employment or to become an adoptive parent, a foster parent or a day care
			 provider.
(b) Hearings held
			 pursuant to section 424-a  of the Social Services Law to
			 determine whether the subject of a report of child abuse or maltreatment has
			 been shown by a fair preponderance of the evidence to have committed the act or
			 acts of child abuse or maltreatment giving rise to the indicated
			 report.
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 434 - Child Protective Services Administrative Hearing Procedure › Section 434.3 - Persons entitled to a hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
			 subject of a report of child abuse or maltreatment has a right to a hearing
			 pursuant to section 422  of the Social Services Law to determine
			 whether the record of the report in the Statewide Central Register of Child
			 Abuse and Maltreatment should be amended or, if the report was received by the
			 Statewide Central Register of Child Abuse and Maltreatment prior to February
			 12, 1996, amended or expunged on the grounds that it is inaccurate or is being
			 maintained in a manner inconsistent with title 6 of article 6 of the Social
			 Services Law. The burden of proof at such hearing is on the office, appropriate
			 local child protective service or the Commission on Quality of Care and
			 Advocacy for Persons with Disabilities, as the case may be. The issues at the
			 hearing are:
(1) whether the subject has been
			 shown by a fair preponderance of the evidence to have committed the act or acts
			 of child abuse or maltreatment giving rise to the indicated report, where it
			 has been determined at the administrative review that the act or acts of child
			 abuse or maltreatment giving rise to the indicated report would not be relevant
			 and reasonably related to the employment of the subject by provider agencies or
			 the approval or disapproval of applications which would be submitted by the
			 subject to licensing agencies; or
(2) whether the subject has been shown by a
			 fair preponderance of the evidence to have committed the act or acts of child
			 abuse or maltreatment giving rise to the indicated report and, if there is a
			 finding of a fair preponderance of the evidence, whether such act or acts are,
			 based on guidelines developed by the office, relevant and reasonably related to
			 the employment of the subject by provider agencies, or the approval or
			 disapproval of applications which would be submitted by the subject to
			 licensing agencies.
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 434 - Child Protective Services Administrative Hearing Procedure › Section 434.4 - Time and place of the hearing

Current through Register Vol. 46, No. 28, July 10, 2024
The hearing must be held at a time and place convenient
			   to the appellant as far as practicable, taking into account circumstances such
			   as the physical inability of the appellant to travel.
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 434 - Child Protective Services Administrative Hearing Procedure › Section 434.5 - Notice of the hearing

Current through Register Vol. 46, No. 28, July 10, 2024
All hearings held pursuant to this Part will be scheduled
			   by means of a written notice issued to the appellant and his or her
			   representative, if known, by the department. The notice must include:
(a) the date, time and location of the
			 hearing and a statement informing the appellant of his or her right to a change
			 in the date and place of the hearing where necessary;
(b) a statement of the issues which will be
			 decided at the hearing;
(c) a
			 statement of the manner in which the hearing will be conducted;
(d) a statement of the right of the appellant
			 to be represented by an attorney or other representative;
(e) a statement of the right of the appellant
			 to present evidence on his or her behalf and to produce witnesses;
(f) a statement of the right of the appellant
			 to cross-examine witnesses;
(g) a
			 statement that a verbatim record of the hearing will be maintained;
(h) a statement of the method by which
			 adjournments may be requested and granted; and
(i) a statement of the right of the appellant
			 to review the documents maintained by the State Central Register of Child Abuse
			 and Maltreatment.
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 434 - Child Protective Services Administrative Hearing Procedure › Section 434.6 - Hearing officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
			 hearing must be conducted by an impartial hearing officer who is employed by
			 the department for that purpose and who has not been involved in any way with
			 the action in question. The hearing officer has all the powers conferred by law
			 and the regulations of the department to administer oaths, issue subpoenas,
			 require the attendance of witnesses and the production of books and records,
			 rule upon requests for adjournment, rule upon evidentiary matters and to
			 otherwise regulate the hearing, preserve requirements of due process and
			 effectuate the purpose and provisions of applicable law.
(b) A party to a hearing may make a request
			 to a hearing officer that the hearing officer remove himself or herself from
			 presiding at the hearing.
(1) The grounds for
			 removing a hearing officer are that such hearing officer has:
(i) previously dealt in any way with the
			 substance of the matter which is the subject of the hearing except in the
			 capacity of hearing officer; or
(ii) any interest in the matter, financial or
			 otherwise, direct or indirect, which will impair the independent judgment of
			 the hearing officer; or
(iii)
			 displayed bias or partiality to any party to the hearing.
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 434 - Child Protective Services Administrative Hearing Procedure › Section 434.7 - Persons who may be present at a hearing; authorization of representative

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The parties to
			 a hearing, their attorneys or representatives, their witnesses and any witness
			 called by the hearing officer may be present at the hearing. Other persons may
			 be admitted upon the hearing officer's discretion. Upon the hearing officer's
			 motion, or upon the motion of either party, potential witnesses may be excluded
			 from the hearing during the testimony of other witnesses.
(b) An individual representing the appellant
			 must have a written authorization signed by the appellant if the appellant is
			 not present.
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 434 - Child Protective Services Administrative Hearing Procedure › Section 434.8 - Conduct of the hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
			 hearing officer must preside at the hearing and must make all procedural
			 rulings. He or she may make an opening statement describing the nature of the
			 proceedings, the issues to be decided and the manner in which the hearing will
			 be conducted.
(b) The hearing
			 officer must exclude testimony or other evidence which is irrelevant or unduly
			 repetitious.
(c) All testimony must
			 be given under oath or affirmation unless the testimony is given by a young
			 child who is unable to understand the meaning of oath or affirmation.
(d) Each party is entitled to be represented
			 by an attorney or other representative of his or her choice, to have witnesses
			 give testimony and to otherwise have relevant and material evidence presented
			 on his or her behalf, to cross-examine opposing witnesses, to offer rebuttal
			 evidence and to examine any document or item offered into evidence.
(e) Technical rules of evidence followed in a
			 court of law will not apply but evidence introduced must be relevant and
			 material.
(f) Copies of the
			 documentary evidence which a social services official, the State Central
			 Register of Child Abuse and Maltreatment or the Commission on Quality of Care
			 for the Mentally Disabled plan to use at the hearing must be provided, if
			 requested, to the appellant or his or her representative who has appropriate
			 written authorization from the appellant for the examination, at a reasonable
			 time before the date of the hearing and at a place accessible to the appellant
			 or the appellant's representative.
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 434 - Child Protective Services Administrative Hearing Procedure › Section 434.9 - The record

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The record
			 of the hearing, including the recommendations of the hearing officer, is
			 confidential, but the record may be examined by either party or their
			 representatives at a place accessible to them and at a reasonable
			 time.
(b) The record must include:
(1) all notices, intermediate rulings and all
			 records maintained in the State Central Register of Child Abuse and
			 Maltreatment;
(2) the transcript or
			 recording of the hearing and the exhibits received into evidence;
(3) matters officially noticed;
(4) questions and offers of proof, objections
			 thereto and rulings thereon;
(5)
			 proposed findings and exceptions, if any;
(6) any report rendered by the hearing
			 officer;
(7) any request for
			 disqualification of a hearing officer; and
(8) the hearing decision.
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 434 - Child Protective Services Administrative Hearing Procedure › Section 434.11 - Decision after the hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 Hearing decisions must be made and issued by the commissioner or by a member of
			 his or her staff who is designated by the commissioner to consider the record
			 of the hearing. The decision must be based exclusively on the record of the
			 hearing. The decision must be in writing and must describe the issues, recite
			 the relevant facts and the pertinent provisions of law and department
			 regulations, make appropriate findings, determine the issues, state reasons for
			 the determination, and when appropriate, direct specific action to be taken by
			 any of the parties to the hearing.
(b) For hearings held pursuant to section 424-a  of the Social Services Law, a copy
			 of the decision must be mailed to the appellant and his or her attorney or
			 other designated representative within 60 days after the record is
			 closed.
(c) For hearings held
			 pursuant to section 422  of the Social Services Law, a copy of
			 the decision must be mailed to the appellant and his or her attorney or other
			 designated representative within 90 days after the record is closed.
(d) The failure of the department to issue a
			 decision within the time period specified in subdivision (b) or (c) of this
			 section or to mail a copy of the decision to the appellant and/or his or her
			 attorney or other designated representative within such time period will not
			 result in the sealing or expungement of the report maintained in the State
			 Central Register of Child Abuse and Maltreatment.
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 435 - Respite Care and Services for Families and Foster Families › Section 435.1 - Scope

Current through Register Vol. 46, No. 28, July 10, 2024
This Part establishes standards for the authorization and
			   provision of respite care and services. These standards are applicable only to
			   respite care and services to be provided either as preventive services for
			   families or as foster care services for foster children and foster
			   families.
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 435 - Respite Care and Services for Families and Foster Families › Section 435.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) AIDS
			 means Acquired Immune Deficiency Syndrome.
(b)
Approved respite care and
			 services provider
means:
(1) a
			 person or persons certified or approved by a social services district or a
			 voluntary authorized agency in accordance with Part 443 of this Title to
			 provide foster family boarding home care and who has or have been approved by
			 the social services district or the voluntary authorized agency to provide
			 respite care and services; or
(2) a
			 person certified by a social services district or a voluntary authorized agency
			 to provide emergency foster family boarding home care who has been approved by
			 the social services district or the voluntary authorized agency to provide
			 respite care and services; or
(3)
			 an agency boarding home certified in accordance with Part 447 of this Title and
			 which has been approved by a social services district to provide respite care
			 and services; or
(4) a group home
			 certified in accordance with Part 448 of this Title and which has been approved
			 by a social services district to provide respite care and services;
			 or
(5) a group residence or an
			 institution as defined in Part 441 of this Title and certified in accordance
			 with Part 442 of this Title and which has been approved by a social services
			 district to provide respite care and services; provided, however, that a public
			 institution caring for more than 25 children may not be approved to provide
			 respite care and services for families; or
(6) any individual who has been approved by a
			 social services district or by a voluntary authorized agency or a preventive
			 services agency on behalf of the district to provide respite care and services
			 for families in accordance with the standards contained in section
			 435.6  of this Part; or
(7) a provider or program certified or
			 approved by the Office of Mental Health or the Office of Mental Retardation and
			 Developmental Disabilities to provide care for children when such provider or
			 program has been approved by a social services district to provide respite care
			 and services for families.
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 435 - Respite Care and Services for Families and Foster Families › Section 435.3 - Eligibility for respite care and services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
			 family is eligible for respite care and services when the family is otherwise
			 eligible for mandated preventive services pursuant to section
			 430.9  of this Title and immediate
			 relief is needed to maintain or restore family functioning. Conditions for
			 which respite care and services may be provided for families include, but are
			 not limited to, the following:
(1) a child
			 has special needs due to a high level of disturbed behavior, emotional
			 disturbance or physical or health needs, including, but not limited to, AIDS,
			 HIV infection or HIV-related illness, which has placed excessive or unusual
			 stress upon the parent(s) and/or family and temporary relief of this stress
			 will prevent the placement of the child in foster care and maintain or restore
			 family functioning; or
(2) a parent
			 has an acute relapse or occurrence of AIDS, HIV infection, HIV-related illness
			 or any other physical, mental, emotional or behavioral condition, which is
			 either causing stress in family relationships, impairing the parent's ability
			 to manage the family or is causing or will cause the parent to be absent from
			 the home in order to treat or otherwise resolve such condition and there is no
			 other parent or caretaker available to care for the child(ren) and temporary
			 care and supervision of the child(ren) of the parent will prevent the placement
			 of the child(ren) into foster care and maintain or restore family functioning;
			 or
(3) a parent is suddenly
			 hospitalized due to accident, injury or illness; or
(4) a child has been referred to the local
			 probation service or designated assessment service for PINS adjustment
			 services; or
(5) a parent is
			 participating in a substance abuse detoxification 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 435 - Respite Care and Services for Families and Foster Families › Section 435.4 - Provision of respite care and services

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 Respite care and services may be provided by:
(1) providing temporary care for a child or
			 foster child outside of his or her home or foster home in order to allow the
			 parent(s), foster parent(s) and/or remaining family members an opportunity to
			 recover family functioning without the stress of having a child or foster child
			 present in the home; or
(2)
			 providing temporary care in the home or foster home for a child or foster child
			 when the parent(s) or foster parent(s) will be absent from the home, in order
			 to maintain family functioning pending the return of the parent(s) or foster
			 parent(s) to the home or foster home.
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 435 - Respite Care and Services for Families and Foster Families › Section 435.5 - Length of service

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 Respite care and services for families may be provided as needed which may
			 include periods of less than 24 hours. Respite care and services for foster
			 families and foster children must be provided for periods of at least 24
			 hours.
(b) Respite care and
			 services for foster families may be provided for up to a maximum of 30
			 consecutive days at a time, per child.
(c) Respite care and services for families
			 may be provided for up to a maximum of seven weeks per child, per year, except
			 that where a parent is participating in a substance use disorder treatment
			 program or there are extraordinary circumstances that warrant an additional
			 respite stay as approved by the social services district.
(d) Repealed
(e) Repealed
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 435 - Respite Care and Services for Families and Foster Families › Section 435.7 - Training

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 Individual providers approved pursuant to section
			 435.6 
			 of this Part must receive training in the areas of child development, behavior
			 management, communication, need for respite care and services and basic crisis
			 intervention techniques.
(b)
			 Approved respite care and services providers who care for children or foster
			 children with AIDS, HIV infection or HIV related illness must have experience
			 caring for such children or must receive training relating to the nature and
			 history of AIDS, HIV infection and HIV-related illness, the needs of children
			 who have AIDS, HIV infection or HIV-related illness, and procedures for the
			 care of such children either prior to or at the same time as the provider cares
			 for such children. This subdivision applies to all approved respite care and
			 services providers as defined in section
			 435.2(b) 
			 of this Part, including staff of such providers where 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 435 - Respite Care and Services for Families and Foster Families › Section 435.9 - Casework contacts

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
			 social services district or the voluntary agency supervising an approved
			 respite care and services provider must maintain weekly contact with the
			 approved respite care and services provider whenever children or foster
			 children are receiving respite care and services from the provider. Contact
			 with the respite care and services provider may take place in the home or other
			 place where the provider is providing such service or may be made by
			 telephone.
(b) Casework contacts
			 appropriate for the provision of preventive services or foster care services to
			 any children and families in receipt of such services must also be maintained
			 in accordance with the provisions of sections
			 423.4(c)(1)(ii) 
			 (
d
)(
1
) and 441.21 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 2 - Family and Children's Services › Part 435 - Respite Care and Services for Families and Foster Families › Section 435.11 - Reimbursement and claiming

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) When respite care and services are
			 provided for families who meet the standards for the emergency assistance to
			 needy families with children program contained in Part 372 of this Title, the
			 respite care and services must be provided under such program and must comply
			 with the provisions of section
			 423.4(k) 
			 of this Title.
(2) When a family is
			 eligible for medical assistance pursuant to Part 360 of this Title and the need
			 for respite care and services meets the medical care standards contained in
			 Part 505 of this Title, the provision of respite care and services as a medical
			 care service must be explored and, where appropriate, provided as medical
			 assistance.
(3) When respite care
			 and services are to be provided to families who do not meet the standards for
			 either emergency assistance to needy families with children or medical
			 assistance, such respite care and services for families may be provided as
			 preventive services pursuant to the provisions and standards contained in Part
			 423 of this Title.
(4) Except when
			 such care and services are provided as emergency assistance to needy families
			 with children or as medical assistance, reimbursement by the State to social
			 services districts for the provision of respite care and services to families
			 will be made in accordance with the reimbursement procedures for the family and
			 children's services block grant. Claims for such reimbursement must be made as
			 mandated preventive 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 435 - Respite Care and Services for Families and Foster Families › Section 435.13 - Renumbered

Current through Register Vol. 46, No. 28, July 10, 2024
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 435 - Respite Care and Services for Families and Foster Families › Section 435.14 - Renumbered

Current through Register Vol. 46, No. 28, July 10, 2024
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 436.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purpose of this Part, the following definitions
			   apply:
(a)
Applicable board
			 rate
means an amount equal to the monthly payment that has been made
			 by a social services official, in accordance with section 398-a  of the Social Services Law and other
			 provisions of the Social Services Law, for the care and maintenance of the
			 child, while such child was boarded out in the certified or approved foster
			 family boarding home with the prospective relative guardian. Such rate shall
			 reflect annual changes in room and board rates and clothing replacement
			 allowances
(b)
Child
means a person under 21 years of age whose custody, care
			 and custody, or custody and guardianship have been committed to a social
			 services official prior to such person's 18th birthday pursuant to section 358-a, 384, 384-a or
			 384-b  of the Social Services Law or
			 article 3, 7, 10 or 10-C of the Family Court Act.
(c)
Office
means the New
			 York State Office of Children and Family Services.
(d) Prospective relative guardian means a
			 person who has been caring for the child as a fully certified or approved
			 foster parent for at least six consecutive months prior to applying for kinship
			 guardianship assistance payments, and who:
(1) is related to the child through blood,
			 marriage or adoption; or
(2) is
			 related to a half-sibling of the child through blood, marriage or adoption, and
			 where such person or persons is or are also the prospective or appointed
			 relative guardian or guardians of such half-sibling; or
(3) is an adult with a positive relationship
			 with the child, including, but not limited to, a step-parent, godparent,
			 neighbor or family friend.
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 436.2 - Application for kinship guardianship assistance payments

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In addition to the notification provided
			 pursuant to sections
			 430.11(c)(4)
			 and
			 443.2(e) 
			 of this Title, a social services official must provide information upon request
			 to a prospective relative guardian on the availability of and standards of
			 eligibility for the kinship guardianship assistance and for non-recurring
			 guardianship expenses programs. Upon request, the social services official must
			 provide the prospective relative guardian with an application for kinship
			 guardianship assistance and the non-recurring guardianship expenses programs.
			 Such application must be in a form as prescribed by the office.
(b) A prospective relative guardian who has
			 been caring for an eligible foster child for at least six consecutive months
			 and who intends to seek guardianship or permanent guardianship of the child may
			 apply to the social services official who has custody, care and custody, or
			 guardianship and custody of the child to receive guardianship assistance and
			 non- recurring guardianship expense payments on behalf of the child, provided,
			 however, such application may not be submitted for a child who has been placed
			 into foster care pursuant to article 10 or 10-C of the Family Court Act unless
			 both the fact finding held in accordance with section 1051 or 1095  of the
			 Family Court Act and the first permanency hearing held in accordance with
			 section 1089 (a)  of the Family Court Act for the child have been completed or
			 for all other children in foster care, the first permanency hearing for the
			 child has been completed.
(c)
			 Applications may only be accepted prior to issuance of letters of guardianship
			 of the child to the relative guardian pursuant to the provisions of the Family
			 Court Act or the Surrogate's Court Procedure Act.
(d) Within 30 days of the receipt of a
			 completed kinship guardianship assistance and non-recurring guardianship
			 payment application, the social services official must make a determination
			 whether to approve or disapprove the application in accordance with the
			 standards set forth in this Part.
(e) If the decision by the social services
			 official is to disapprove the application, the social services official must
			 provide the prospective relative guardian(s) with written notice of the
			 disapproval, the basis for the disapproval and the right to an administrative
			 hearing in accordance with the standards set forth in section
			 436.10 
			 of this 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 2 - Family and Children's Services › Part 436 - Kinship Guardianship Assistance Program › Section 436.3 - Eligibility for kinship guardian assistance payments

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) the
			 child has been in foster care for at least six consecutive months in the home
			 of the prospective relative guardian, as defined in section
			 436.1  of
			 this Part; and
(2) the child being
			 returned home or adopted are not appropriate permanency options for the child;
			 and
(3) the child demonstrates a
			 strong attachment to the prospective relative guardian and the prospective
			 relative guardian has a strong commitment to caring permanently for the child;
			 and
(4) that age appropriate
			 consultation has been held with the child, provided, however, with respect to a
			 child who has attained 14 years of age, that the child has been consulted
			 regarding the kinship guardianship arrangement, and with respect to a child who
			 has attained 18 years of age, that the child has consented to the kinship
			 guardianship arrangement; and
(5)
(i) if the child has been placed into foster
			 care pursuant to article 10 or 10-C of the Family Court Act, that both the fact
			 finding hearing pursuant to section 1051 or 1095  of the Family Court Act and
			 the first permanency hearing pursuant to section 1089 (A)(2)  of the Family Court
			 Act have been completed; or
(ii)
			 for all other children in foster care, that the first permanency hearing has
			 been completed.
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 436.4 - Kinship guardianship assistance and non-recurring guardianship expenses agreement

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 Payments for kinship guardianship assistance and non-recurring guardianship
			 expenses must be made pursuant to a written agreement between the social
			 services official and the prospective relative guardian.
(b) The written agreement must specify, at a
			 minimum:
(1) the amount of, and manner in
			 which, each kinship guardianship assistance payment will be provided under the
			 agreement;
(2) the manner in which
			 the payment may be adjusted periodically, in consultation with the relative
			 guardian, based on the circumstances of the relative guardian and the needs of
			 the child;
(3) the availability of
			 independent living services in accordance with section
			 436.9 
			 of this Part;
(4) the additional
			 services and assistance that the child and the relative guardian will be
			 eligible for under this agreement, which are limited to the additional services
			 and assistance set forth in title 10 of article 6 of this Social Services Law
			 and this Part and the procedures by which the relative guardian may apply for
			 additional services, as needed;
(5)
			 the requirement by the relative guardians to notify the social services
			 official of any changes in circumstances that would impact continued
			 eligibility for kinship guardianship assistance;
(6) the medical coverage available to a child
			 in a kinship guardianship assistance arrangement;
(7) that the social services official will
			 pay the total cost of non-recurring expenses associated with obtaining legal
			 guardianship of the child, to the extent the total cost does not exceed $2,000
			 in accordance with section 458-c  of the Social Services Law and
			 section
			 436.7 
			 of this Part; and
(8) that the
			 agreement will remain in effect regardless of the state of residence of the
			 relative guardian at any time.
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 436.6 - Annual notification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
			 social services official, on an annual basis, must remind the relative guardian
			 or the successor guardian of the relative guardian's or successor guardian's
			 obligation to support the child and to notify the social services official if
			 the relative guardian or the successor guardian is no longer providing any
			 support or is no longer legally responsible for the support of the child. Where
			 the child is school age under the laws of the state in which the child resides,
			 such notification must include a requirement that the relative guardian or the
			 successor guardian must certify and provide satisfactory documentation to the
			 district that the child is a full-time elementary or secondary student or has
			 completed secondary education. For the purposes of this section,
an
			 elementary or secondary school student
means a child who is:
(1) enrolled, or in the process of enrolling,
			 in a school which provides elementary or secondary education, in accordance
			 with the laws where the school is located;
(2) instructed in elementary or secondary
			 education at home, in accordance with the laws in which the child's home is
			 located;
(3) in an independent
			 study elementary or secondary education program, in accordance with the laws in
			 which the child's education program is located, which is administered by the
			 local school or school district; or
(4) incapable of attending school on a
			 full-time basis due to the child's medical condition, which incapacity is
			 supported by annual information submitted by the relative guardian or the
			 successor guardian as part of this certification.
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 436.7 - Payments for non-recurring guardianship expenses

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A social services official must make
			 payments for non-recurring guardianship expenses incurred by or on behalf of
			 the relative guardian or guardians or the successor guardian or guardians who
			 have been approved by the social services official to receive kinship guardians
			 hip assistance payments, when such expenses are incurred in connection with
			 assuming the guardianship of a foster child. The agreement for payment of non-
			 recurring guardianship expenses must be reflected in the written agreement set
			 forth in section
			 436.4 
			 of this Part. In accordance with subdivision (b) of this section, the payments
			 must be made by the social services official either to the relative guardian or
			 guardians or the successor guardian or guardians directly or to an attorney on
			 behalf of the relative guardian or guardians or the successor guardian or
			 guardians for the allowable amount of non-recurring guardianship expenses
			 incurred in connection with obtaining such guardianship.
(b) The amount of the payments made pursuant
			 to this section may not exceed $2,000 for each foster child for whom the
			 [relatives] relative guardian or guardians or the successor guardian or
			 guardians seek guardian- ship or permanent guardianship and may be available
			 only for those expenses that are determined to be eligible for reimbursement by
			 the social services official in accordance with this section.
(c) Payments for non-recurring guardianship
			 expenses made by a social services official pursuant to this section must be
			 treated as administrative expenditures under title IV-E of the Federal Social
			 Security Act.
(d) As used in this
			 section, non-recurring guardianship expenses mean reasonable and necessary
			 fees, court costs, attorney fees, and other expenses which are directly related
			 to obtaining legal guardianship of an eligible child and which are not incurred
			 in violation of Federal law or the laws of this State or any other
			 state.
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 436.8 - Medical assistance/medical subsidy

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
			 child with respect to whom federally reimbursable kinship guardianship
			 assistance payments are made under this Part is eligible for medical assistance
			 under title XIX of the Federal Social Security Act.
(b) In addition, a social services official
			 must make payments for the cost of care, services and supplies payable under
			 the State's program of medical assistance for needy persons provided to any
			 child for whom kinship guardianship assistance payments are being made under
			 title 10 of article 6 of the Social Services Law and this Part who is not
			 eligible for medical assistance under subdivision (a) of this section and for
			 whom the relative or successor guardian is unable to obtain medical coverage
			 through any other available means, regardless of whether the child otherwise
			 qualifies for medical assistance for needy persons. Payments pursuant to this
			 subdivision may be made only with respect to the cost of care, services, and
			 supplies which are not otherwise covered or subject to payment or reimbursement
			 by insurance, medical assistance or other sources. Payments made pursuant to
			 this subdivision may only be made if the relative or successor guardian applies
			 to obtain such medical coverage for the child from all available sources,
			 unless the social services official determines that the relative guardian has
			 good cause for not applying for such coverage, which include that appropriate
			 coverage is not available or affordable.
(c) An application for payments under this
			 section must be made prior to the issuance of letters of guardianship for the
			 child. An approval of an application for payments under this section is not
			 subject to annual review by the social services official, and such approval
			 remains in effect for as long as kinship guardianship assistance payments are
			 being made under this Part for the child. Applications for such payments shall
			 be accepted prior to the issuance of letters of guardianship of the child, and
			 approval thereof may be granted contingent upon such issuance.