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 422 - Parental Support of Children Receiving Foster Care › Section 422.5 - Administration of referrals

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 Parents must be informed of their legal obligations to contribute toward the
			 costs of their children's foster care when applications for foster care are
			 made. Parents who are non-signatories to the applications for foster care must
			 be informed of this obligation within seven days after such parents are
			 notified of their children's placements. Such information must include a
			 description of the procedures for making referrals to the child support
			 enforcement unit of the social services district; a statement that the parents
			 may be legally responsible for the costs of public assistance and care paid on
			 behalf of their children; and a statement that court orders may be sought in
			 order to determine the amounts of the support obligations.
(b) Such information also must be provided to
			 parents of children in foster care when there is a change of circumstances
			 which requires referral of the parent or parents to the child support
			 enforcement unit of the social services district.
(c) In accordance with section
			 422.4  of
			 this Part, an assessment must be made of the appropriateness of referring each
			 parent of a child in foster care to the child support enforcement unit of the
			 social services district. Each parent must be evaluated individually for the
			 appropriateness of making a referral.
(d) Where it is determined that a referral to
			 the child support enforcement unit of the social services district is
			 appropriate the social services district must:
(1) obtain documentation required by this
			 subdivision from any available sources;
(2) provide necessary documentation to make
			 such referral in accordance with the procedures of the child support
			 enforcement unit of the social services district and transmit such information
			 to the child support enforcement unit of the social services district;
(i) such documentation must be provided in
			 the form and manner required by the department;
(ii) to the extent available, necessary
			 documentation includes but is not limited to the following concerning absent
			 parents, putative fathers and/or legally responsible relatives:
(a) name, address, sex, date of birth, and
			 social security number;
(b)
			 employer name and address;
(c)
			 medical insurance carrier and policy number;
(d) CIN number;
(e) whether paternity has been established by
			 acknowledgment or by court adjudication and, if a court adjudication of
			 paternity has been granted, the court where the order has been entered and the
			 date of the order of filiation;
(f)
			 if a court order for support is in effect, the court where the order has been
			 entered, the date of the order for support, the amount and payment frequency
			 and whether health care coverage is included in the order of support;
			 and
(g) date of
			 abandonment;
(iii)
			 necessary documentation includes but is not limited to the following concerning
			 children in foster care:
(a) name, sex, date
			 of birth and social security number;
(b) date of placement, placement address;
			 and
(c) case number, claiming
			 category and the name and telephone number of the foster care case
			 manager;
(3)
			 determine the costs of foster care for each foster child for whom a referral is
			 to be made in accordance with standards established by the department pursuant
			 to Part 427 of this Title and transmit this information as part of the referral
			 to the child support enforcement unit of the social services district. For the
			 purposes of this Part, the costs of foster care are:
(i) those costs associated with the care and
			 maintenance of the foster child which, at the time of placement or replacement,
			 are regular and recurring, or other expenses incurred by the child during the
			 course of placement, exclusive of medical and educational costs; and
(ii) those administrative costs associated
			 with a child's placement in a residential program operated or administered by a
			 voluntary authorized agency; or
(iii) those costs that are equivalent to the
			 amount of any adoption subsidy payment provided in accordance with section
			 421.24  of
			 this Title.
Nothing herein is intended to preclude the right of the
			   State and social services district to recover from the parents the costs of any
			   medical assistance paid on behalf of the child;
(4) redetermine the costs of foster care each
			 time a foster child's placement changes and transmit the fact of the changed
			 placement and any change to the costs of foster care to the child support
			 enforcement unit of the social services district;
(5) notify the child support enforcement unit
			 of the social services district when a child is discharged from foster
			 care;
(6) notify the child support
			 enforcement unit of the social services district of any change in the foster
			 child's status including, but not limited to, trial discharge, legal detention,
			 absent from foster care without consent, hospitalization, and that foster care
			 payments are no longer being made for the child;
(7) notify the child support enforcement unit
			 of the social services district when a foster child born out-of-wedlock is
			 surrendered for adoption, or when the adoption of a foster child is completed
			 after the termination of parental rights pursuant to section 384-b  of the Social Services Law or a
			 surrender pursuant to section 383-c or 384 of such law;
(8) respond to requests for information from
			 the child support enforcement unit of the social services district;
			 and
(9) forward any new or changed
			 information regarding a previous referral to the child support enforcement unit
			 of the social services district including changes to a foster child's costs of
			 care.