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 431 - Care and Protection of Children › Section 431.6 - Court ordered placement of children

Current through Register Vol. 46, No. 28, July 10, 2024
Where a court order exists pursuant to Social Services
			   Law, section
			   358-a or
			   384 or article 3, 7 or 10 of the Family
			   Court Act which gives the local commissioner of social services care and
			   custody or custody and guardianship of the child and foster care placement is
			   ordered, the placement of the child must always be in a licensed, certified or
			   approved foster home or other facility authorized by the department to provide
			   foster care. If the child is placed outside of New York State, placement must
			   be in a licensed, certified or approved foster home or other facility
			   authorized by the requisite state agency in the other state to provide foster
			   care.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 2 - Family and Children's Services › Part 431 - Care and Protection of Children › Section 431.7 - Standards for access to and disclosure of confidential HIV-related information

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Staff
			 of an authorized agency as defined by paragraphs (a) and (b) of section 371 (10)  of the Social
			 Services Law must comply with the following standards relating to access to and
			 disclosure of confidential HIV related information.
(1) Each authorized agency is responsible for
			 formulating a written management plan to ensure that required safeguards are
			 implemented and enforced to restrict the disclosure of confidential HIV related
			 information concerning children in its care. This management plan must be
			 available for review by the department and must include:
(i) procedures consistent with section 2782.6
			 of the Public Health Law to ensure that documents containing confidential HIV
			 related information are accessible only to an authorized employee or agent of
			 the authorized agency when disclosure is reasonably necessary for the
			 supervision, monitoring, administration or provision of services provided by
			 such agencies. For the purpose of this section, an authorized employee or agent
			 means an employee or agent who, in the ordinary course of business of the
			 authorized agency, has access to records relating to the care of, treatment of,
			 or provision of services to the person; and
(ii) measures to ensure that confidential HIV
			 related information stored electronically is protected from access by
			 unauthorized persons; and
(iii) a
			 plan for training agency staff regarding HIV infection, confidentiality of HIV
			 related information, and protection of persons at significant risk in
			 accordance with subdivision (c) of this section.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 2 - Family and Children's Services › Part 431 - Care and Protection of Children › Section 431.9 - Termination of parental rights by local social services agency

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as
			 required in subdivision (e) of this section, each social services official
			 must, at six months from removal and every six months thereafter, evaluate the
			 status of the relationship, of each child in direct or purchased foster care
			 with his/her natural family in order to determine whether the interests of the
			 child will be served through termination of the parent's legal rights to
			 guardianship and custody of the child. If it is determined that termination of
			 the rights of the parent(s) would be in the child's best interests, or if,
			 following a Family Court permanency hearing held under article 10-A of the
			 Family Court Act, there is a court order directing that a proceeding to
			 terminate parental rights be instituted, the social services official must take
			 appropriate steps to promptly initiate essential procedures to terminate
			 parental rights.
(b) In making a
			 determination to terminate parental rights in accordance with subdivision (a)
			 of this section, the social services official must consider:
(1) whether there are indications of parental
			 rejection of the child, which may include the failure of the parent(s) since
			 the child was removed or the most recent permanency hearing to:
(i) request visits with the child;
(ii) cooperate with the agency in planning
			 and arranging visits with the child, although physically and financially
			 able;
(iii) communicate with the
			 child regularly by phone or letter if there is physical or financial inability
			 to visit;
(iv) keep appointments to
			 visit child as arranged;
(v) keep
			 the agency informed as to his or her whereabouts;
(vi) keep appointments with agency staff
			 which may have been arranged to assist the parent with those problems which
			 affect the parent's ability to care for the child;
(vii) use community resources as arranged or
			 suggested by the agency, or ordered by the court, or other involved agencies to
			 resolve or correct the problems which impair parental ability to care for the
			 child;
(viii) demonstrate a
			 willingness and capacity to plan for the child's discharge, including taking
			 what steps are necessary to provide an adequate, safe and stable home and
			 parental care for the child within a reasonable period of 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 431 - Care and Protection of Children › Section 431.10 - Placement in foster family care of children who are siblings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Foster children
			 who are siblings or half-siblings must not be unnecessarily separated. The
			 social services district is responsible for ensuring that diligent efforts are
			 made to secure a foster family boarding home or agency boarding home which is
			 willing and able to accept the placement of the siblings together, unless
			 placement together is determined to be detrimental to the best interests of the
			 siblings. Such efforts must be documented in the case record in accordance with
			 section
			 428.6(b)(6),
			 428.10(d)(6)
			 or 428.11(b)(4)  of this Title.
(b)
			 A social services district may make a decision that minor siblings or
			 half-siblings should be separated only if placement together is determined to
			 be contrary to the health, safety or welfare of one or more of the children
			 after consultation with, or an evaluation by, other professional staff, such as
			 a licensed psychologist, psychiatrist, other physician, or certified social
			 worker. Factors to be considered in making a determination of whether siblings
			 or half-siblings should be placed together must include, but are not limited
			 to:
(1) the age differentiation of the
			 siblings;
(2) the health and
			 developmental differences among the siblings;
(3) the emotional relationship of the
			 siblings to each other;
(4) the
			 individual services needs;
(5) the
			 attachment of the individual siblings to separate families/locations;
			 and
(6) the continuity of
			 environment standards pursuant to section
			 430.11(c) 
			 of this Title.
The factors used by social services districts to
			   determine that siblings or half-siblings should be placed apart must be
			   documented in accordance with section
			   428.6,
			   428.10(d)(6)
			 or 428.11(b)(4)  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 431 - Care and Protection of Children › Section 431.11 - Rights of parents or guardians

Current through Register Vol. 46, No. 28, July 10, 2024
Parents or guardians of children placed voluntarily in
			   foster care pursuant to an instrument executed under section 384-a  of the Social Services Law have a
			   right to a hearing before the department on the following grounds:
(a) the failure of the authorized agency
			 which executed such an instrument to permit the parent or guardian to visit the
			 child while the child is receiving foster care; or
(b) the failure of an authorized agency which
			 executed such an instrument to provide to the foster child, parent or guardian
			 those preventive services and other supportive services authorized to be
			 provided pursuant to the State consolidated 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 431 - Care and Protection of Children › Section 431.13 - Summer camps to be used by commissioners of social services

Current through Register Vol. 46, No. 28, July 10, 2024
When commissioners of social services make provision for
			   the care of children and minors who are public charges pursuant to the
			   provision of section 398  of the Social Services Law, they must
			   make such provision in summer camps operated only by nonprofit organizations,
			   corporations or agencies having permits issued by the appropriate public health
			   officials in whose jurisdictions such camps are located.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 2 - Family and Children's Services › Part 431 - Care and Protection of Children › Section 431.14 - Termination or limitation of visitation rights by authorized agency

Current through Register Vol. 46, No. 28, July 10, 2024
When an authorized agency determines to terminate or
			   limit parental visiting rights between a parent or guardian and his child
			   voluntarily placed in foster care, the provisions of this section shall
			   govern.
(a) Except as otherwise
			 authorized herein, parental visitation shall not be terminated or limited by a
			 social services official having care and custody of the child, or by another
			 authorized agency acting on his behalf, except by court order in a proceeding
			 in which the parent or guardian was a party.
(b) Visitation is to continue until such a
			 court order is obtained, except in cases of imminent danger to the child's
			 life, health and safety.
(c) In
			 cases of imminent danger to the child's life, health and safety, the authorized
			 agency may terminate or limit visitation. On the same day visitation is
			 terminated or limited, the authorized agency shall notify a designated employee
			 of a city or county department of social services of such termination or
			 limitation. Upon termination or limitation of visitation, the authorized agency
			 shall commence a court action or, if an action is already before the court,
			 shall seek an order of the court as if the child had been taken into protective
			 custody pursuant to section 417  of the Social Services Law.
(d) Subdivisions (a)-(c) of this section do
			 not apply if the parent or guardian agrees in writing to the termination or
			 limitation of visiting, such agreement to be made in accordance with
			 subdivision 3 of section 384-a  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 431 - Care and Protection of Children › Section 431.15 - Information to families

Current through Register Vol. 46, No. 28, July 10, 2024
While the assessment is being prepared pursuant to Part
			   428 of this Title, for those children for whom a uniform case record is
			   required to be maintained pursuant to Part 428, each family of such children
			   shall be provided by the local social services district with:
(a) a full explanation of foster care
			 services and preventive services, including the respective obligations of
			 parents and agencies as well as the rights of parents and children to religious
			 protections as provided in section 373  of the Social Services Law;
(b) information about other child welfare
			 services or assistance which may be alternative to placement;
(c) assistance in applying for services for
			 which they are eligible, and ascertaining whether those services are being
			 provided;
(d) counseling;
			 and
(e) referral for and help in
			 obtaining assistance and services from other agencies and other units within
			 the local district.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 2 - Family and Children's Services › Part 431 - Care and Protection of Children › Section 431.17 - Care and custody of children placed in facilities operated or supervised by the Office of Mental Health or the Office of Mental Retardation and Developmental facilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Social
			 services districts shall retain responsibility for the care and custody of
			 children in foster care when such children are placed in facilities operated or
			 supervised by the Office of Mental Health or the Office for People With
			 Developmental Disabilities under the following circumstances:
(1) the care and custody of the child was
			 transferred to a social services official in a proceeding instituted pursuant
			 to article 3, 7, 10, 10-B or 10-C of The Family Court Act;
(2) the child has been surrendered to a
			 social services official for the purpose of adoption pursuant to the provisions
			 of section 383-C or
			 384  of the Social Services Law; or
(3) the guardianship and custody of a child
			 have been transferred to a social services official pursuant to section 384-b  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 431 - Care and Protection of Children › Section 431.18 - Care and protection of Indian children

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Definitions.
For purposes of this section, the following definitions
			   shall apply:
(1)
Indian
			 child
means any unmarried person:
(i) who either (
a
) is under
			 the age of 18 years, or (
b
) is between the ages of 18 and 21
			 years, is in foster care, and is a student attending a school, college or
			 university or regularly attending a course of vocational or technical training
			 designed to fit him or her for gainful employment or lacks the skills or
			 ability to live independently; and
(ii) who either (
a
) is a
			 member of an Indian tribe, or (
b
) is eligible for membership
			 in an Indian tribe, or (
c
) is the biological child of a member
			 of an Indian tribe who resides on or is domiciled within the reservation of
			 such tribe.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 2 - Family and Children's Services › Part 431 - Care and Protection of Children › Section 431.19 - Conditional release of youth placed pursuant to a delinquency adjudication

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 Pursuant to section 398 (3-a) and
			 404  of the Social Services Law, a youth
			 placed pursuant to a delinquency adjudication under article 3 of the Family
			 Court Act with a local social services district may be conditionally released
			 from a facility or program to aftercare if:
(1) it is consistent with the needs and best
			 interests of the youth;
(2)
			 suitable care and supervision can be provided; and
(3) there is a reasonable probability the
			 youth can be conditionally released without endangering public
			 safety.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 2 - Family and Children's Services › Part 431 - Care and Protection of Children › Section 431.20 - Interruption of placement time

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 Pursuant to section 398 (3-a)(b)  of the Social
			 Services Law, if a youth placed pursuant to a delinquency adjudication pursuant
			 to article 3 of the Family Court Act with a local social services district is
			 absent from placement without consent, such absence shall interrupt the
			 calculation of time for their placement. For purposes of this section, a youth
			 placed pursuant to a delinquency adjudication is absent without consent when
			 such youth runs away or is otherwise absent without the consent of the
			 person(s) or facility in whose care the youth has been placed.
(b) The calculation of the youth's placement
			 time on the delinquency shall remain tolled until such youth returns or is
			 returned or the youth's delinquency adjudication case is disposed of pursuant
			 to section
			 431.8(f) 
			 of this Part.
(c) If the youth
			 placed pursuant to a delinquency adjudication spent any time in custody between
			 the date of absence and the date placement resumes, then such time shall be
			 credited against placement if:
(1) the
			 custody was due to an arrest or surrender based upon the absence; or
(2) the custody arose from an arrest or
			 surrender on another charge that did not culminate in a conviction,
			 adjudication or adjustment.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 2 - Family and Children's Services › Part 431 - Care and Protection of Children › Section 431.21 - Placement calculation for youth placed pursuant to a delinquency adjudication

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When a
			 youth is placed pursuant to a delinquency adjudication pursuant to article 3 of
			 the Family Court Act with a local social services district, the commissioner or
			 an authorized representative shall calculate the length of placement,
			 consistent with the family court order initially placing the juvenile
			 delinquent. Such calculation shall include a credit for time spent in
			 detention, unless the family court denies all or part of such credit pursuant
			 to section
			 353.3(5)
			 or 353.5(5)(a)(i) of the Family Court Act.
(b) In the event a youth placed pursuant to a
			 delinquency adjudication is absent without consent, pursuant to section
			 431.8 
			 of this Part, the placement shall be interrupted and tolled by the absence,
			 consistent with the provision of section 431.20  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 432 - Child Abuse And Maltreatment › Section 432.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For purposes of this Part, the following definitions
			   shall apply:
(a)
Abused
			 child
means a child, less than 18 years of age, whose parent or other
			 person legally responsible for his care:
(1)
			 inflicts or allows to be inflicted upon such child physical injury by other
			 than accidental means which causes or creates a substantial risk of death, or
			 serious or protracted disfigurement, or protracted impairment of physical or
			 emotional health or protracted loss or impairment of the function of any bodily
			 organ; or
(2) creates or allows to
			 be created a substantial risk of physical injury to such child by other than
			 accidental means which would be likely to cause death or serious or protracted
			 disfigurement, or protracted impairment of physical or emotional health or
			 protracted loss or impairment of the function of any bodily organ; or
(3) commits, or allows to be committed, a sex
			 offense against such child, as defined in the Penal Law allows, permits or
			 encourages such child to engage in any act described in sections 230.00, 230.25, 230.30 and
			 230.32  of the Penal Law; commits any of
			 the acts described in section 255.25  of the Penal Law; or allows such
			 child to engage in acts or conduct described in article 263 of the Penal Law;
			 provided, however, that the corroboration requirements contained in the Penal
			 Law and the age requirement for the application of article 263 of such law
			 shall not apply to proceedings under article 10 of the Family Court Act (child
			 protective proceedings).
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 432 - Child Abuse And Maltreatment › Section 432.2 - Child protective service: responsibilities and organization

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
General.
(1) The local commissioner of each social
			 services district shall establish a child protective service within such
			 district which shall operate as a single organizational unit. The child
			 protective service shall perform those functions assigned to it by title 6 of
			 article 6 of the Social Services Law. No other responsibilities may be assumed
			 by the child protective service, except that the child protective service may
			 provide for, arrange for and coordinate services to children named in a child
			 abuse and/or maltreatment report and their families prior to a determination as
			 to whether some credible evidence exists as to the alleged abuse or
			 maltreatment.
(2) The child
			 protective service shall have a sufficient number of staff with adequate
			 qualifications to fulfill the purpose of title 6 of article 6 of the Social
			 Services Law and shall be organized in such a way as to maximize the continuity
			 of responsibility, care and service of individual workers towards children and
			 families.
(3) Every social services
			 district must provide to the child protective service information available to
			 such district that is relevant to the investigation of a report of child abuse
			 or maltreatment or to the family assessment response to such a report, except
			 where the confidentiality of such information is expressly protected by
			 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 432 - Child Abuse And Maltreatment › Section 432.3 - Child protective service: duties concerning reports of abuse or maltreatment

Current through Register Vol. 46, No. 28, July 10, 2024
Such duties shall include the following:
(a)
Reporting.
(1) Receipt of, in accordance with this Part,
			 with the approved child protective services component of a district's
			 consolidated services plan, and title 6 of article 6 of the Social Services
			 Law, on a 24-hour, seven-day-a-week basis, all reports of suspected abuse or
			 maltreatment; or
(2) Insurance
			 that, if a local reporting system is to be developed and submitted for
			 approval, it fulfill the following requirements:
(i) all reports must immediately upon receipt
			 be transmitted orally or electronically to the State Central
			 Register;
(ii) there must be a
			 single telephone number available 24 hours a day, seven days a week, and the
			 availability of this number must be highly publicized in each social services
			 district;
(iii) the child
			 protective service must be capable of receiving reports from all reporting
			 sources and immediately responding to or causing an appropriate immediate
			 response to be made when necessary according to the provisions of sections
			 432.2(b)(2)
			 and
			 432.13 
			 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 432 - Child Abuse And Maltreatment › Section 432.4 - Education and training

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
			 commissioner of social services in each social services district must conduct a
			 continuing publicity and education program for local district staff, persons
			 required to report and any other appropriate persons, to encourage the fullest
			 degree of reporting of suspected child abuse or maltreatment and to develop
			 public support for the prevention of child abuse and maltreatment. The program
			 must include, but not be limited to, responsibilities, obligations and powers
			 under this Title, as well as the diagnosis of child abuse and maltreatment and
			 the procedures of the child protective service, the Family Court and other duly
			 authorized agencies.
(b) In the
			 furtherance of its responsibilities under subdivision (a) of this section, each
			 social services district must make current procedural manuals and service
			 directories available to employees of the district's child protective service,
			 service providers and professionals involved in the prevention 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 432 - Child Abuse And Maltreatment › Section 432.5 - Obligations of persons required to report

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The commissioner of social services in
			 each social services district is authorized to reimburse any person or official
			 required to report cases of suspected child abuse or maltreatment for expenses
			 incurred in the taking of or causing of photographs to be taken of the areas of
			 trauma visible on a child who is the subject of a report, or, if medically
			 indicated, for a radiological examination of a child.
(b) The commissioner of social services in
			 each social services district shall insure that any photographs or X-ray
			 results taken as a result of the report be sent to the child protective service
			 at the time the written report is sent, or as soon thereafter as
			 possible.
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 432 - Child Abuse And Maltreatment › Section 432.6 - Requirements for written notification

Current through Register Vol. 46, No. 28, July 10, 2024
Written notification to the subject(s) or other persons
			   named in a report of suspected child abuse or maltreatment assigned to the
			   investigative track shall be in accordance with language required by
			   OCFS.
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 432 - Child Abuse And Maltreatment › Section 432.7 - Access to reports

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner of social services in each social
			   services district shall insure that any reports made, as well as any other
			   information obtained, reports written or photographs taken concerning such
			   reports, be confidential and shall only be made available to those persons
			   defined under title 6 of article 6 of the Social Services Law, because any
			   person who willfully permits and any person who encourages the release of any
			   data and information contained in the local or statewide register to persons or
			   agencies not permitted by title 6 of article 6 of the Social Services Law shall
			   be guilty of a class A misdemeanor.
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 432 - Child Abuse And Maltreatment › Section 432.8 - Penalties for failure to report

Current through Register Vol. 46, No. 28, July 10, 2024
When a commissioner of social services has reasonable
			   cause to suspect that a person has willfully failed to report a case of
			   suspected child abuse or maltreatment, which such person was required to report
			   pursuant to title 6 of article 6 of the Social Services Law, the commissioner
			   shall report the suspected failure to the district attorney.
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 432 - Child Abuse And Maltreatment › Section 432.9 - Disposition of unfounded reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon determining that a report is
			 "unfounded," the local district shall notify the State Central Register, in
			 such form as shall be required by OCFS.
(b) The State Central Register will inform
			 the subject(s) and other persons named in the report, except children under the
			 age of 18 years at the time of the notification, that the report was unfounded
			 and the records of the report were sealed, or were expunged if the report had
			 been received by the State Central Register of Child Abuse and Maltreatment
			 prior to February 12, 1996.
(c)
			 Upon written notice from the State Central Register that the records of the
			 unfounded report were sealed in or expunged from the State Central Register:
(1) The local district must immediately seal
			 the child protective services case record in which the report has been
			 maintained; except that, if the report had been received by the State Central
			 Register prior to February 12, 1996, the social services district must
			 immediately expunge the report and all identifying information relating to the
			 report from the local register of child abuse and maltreatment and any other
			 locally maintained child protective services case record.
(2) The social services district must update
			 any other record, including the uniform case record, which it has maintained
			 that makes reference to the report to state that the report was determined to
			 be unfounded and to legally seal such report pursuant to subdivision 5 of
			 section 422  of the Social Services Law. The social
			 services district must inform any agency or person to which it has provided
			 information concerning the report to update its record for the same purpose.
			 However, if the report had been received by the State Central Register prior to
			 February 12, 1996, other agencies or units must be asked to expunge from any
			 other record, including the uniform case record reports received from the
			 social services district.
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 432 - Child Abuse And Maltreatment › Section 432.10 - Child care review service reporting requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Information on all children who are named
			 in indicated reports of child abuse and maltreatment and who are receiving or
			 have received services as a result of being named in such reports shall be
			 entered and maintained on the child care review service.
(b) The only information which shall be
			 entered and maintained on the child care review service pursuant to subdivision
			 (a) of this section is:
(1) demographic
			 information;
(2) information
			 concerning court-related activities involving the child; and
(3) the following assessment and service plan
			 data elements contained in the appropriate uniform case record forms prepared
			 pursuant to Part 428 of this Title:
(i) plan
			 date;
(ii) plan type;
(iii) child and family service
			 needs;
(iv) service
			 status;
(v) service program
			 choice(s);
(vi) reason(s) for
			 service program choice; and
(vii)
			 permanency planning goal.
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 432 - Child Abuse And Maltreatment › Section 432.11 - Adjournments in contemplation of dismissal

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A social services official, when acting
			 as the petitioner in a child abuse and neglect proceeding which is commenced
			 pursuant to article 10 of the Family Court Act, shall not consent to an order
			 which adjourns such proceeding in contemplation of dismissal if the official
			 determines that such an adjournment would not be in the best interests of the
			 child because the provision of protective services to the child and family
			 during the term of the adjournment would not help to alleviate the
			 circumstances which resulted in the alleged abuse or neglect of the
			 child.
(b) The factors to be
			 considered in making the determination not to consent to an adjournment in
			 accordance with subdivision (a) of this section because the adjournment would
			 not be in the best interests of the child shall include, but not be limited to:
(1) whether the terms of an order which will
			 adjourn a child protective proceeding in contemplation of dismissal will
			 include requirements that the child's parent(s) or guardian(s) avail themselves
			 of rehabilitative services and/or refrain from the types of conduct which
			 relate to the alleged abusive or neglectful behavior that necessitated the
			 filing of a child protective petition;
(2) whether the evidence which a child
			 protective service could introduce in a child protective proceeding to prove
			 that the respondent in such proceeding abused or neglected a child will be
			 available at a subsequent fact-finding hearing which would be held in the event
			 that the conditions of the order issued in contemplation of dismissal in a
			 child protective proceeding were violated;
(3) the seriousness of the alleged incidents
			 of child abuse or neglect;
(4) the
			 likelihood that the child will be abused or neglected after the issuance of an
			 order which adjourns a child protective proceeding in contemplation of
			 dismissal;
(5) the amount of
			 cooperation which the respondent in a child abuse and neglect proceeding is
			 willing to provide to the child protective service to help alleviate the
			 circumstances which resulted in the alleged abuse or neglect of the child;
			 and
(6) whether the terms of an
			 order which will adjourn a child protective proceeding in contemplation of
			 dismissal can be made sufficiently clear so that compliance with its provisions
			 may be adequately monitored by a child protective service.
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 432 - Child Abuse And Maltreatment › Section 432.13 - Family assessment response

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
General.
(1) Description of family
			 assessment response. Pursuant to Social Services Law section 427-a, the local
			 commissioner of a social services district may establish, with OCFS approval, a
			 differential response program, family assessment response, as an alternative
			 means of responding to certain child protective service reports that allege
			 abuse and maltreatment. In family assessment response, there is an ongoing
			 assessment of the safety of children without a determination of whether the
			 report of alleged abuse or maltreatment should be indicated or unfounded.
			 Reports are addressed by engaging the family in a comprehensive assessment of
			 child safety, risk of subsequent harm, and family strengths and needs. The
			 family assessment response approach seeks to minimize future risk of abuse or
			 maltreatment of a child or children by engaging the family in the development
			 and implementation of solution-focused plans to address identified needs in
			 order to support the family's ability to care for its children.
(2) A family assessment response program
			 established by a social services district shall be part of that district's
			 child protective service.
(3)
			 Responsibilities for a family assessment response. When a report alleging
			 maltreatment of a child is assigned to the family assessment response track,
			 the child protective service must fulfill the following responsibilities:
(i) first establish that children in the
			 family named in the report are safe; and
(ii) provide ongoing assessment of safety and
			 risk, including completion of an initial safety assessment; and
(iii) engage the family in an assessment of:
			 the concerns reported to the State Central Register, any family-identified
			 needs and concerns that may impact the safety or risk of children, and the
			 family's strengths and resources that could be engaged to address the
			 identified concerns; and
(iv) when
			 appropriate, partner with the family to assist the family in obtaining goods
			 and services that will help the family meet its identified needs regarding care
			 of the children, thereby reducing future risk of abuse or maltreatment of a
			 child or children.
(4)
			 Reports assigned to the family assessment response track are not subject to the
			 requirements of child protective services specified in Title 6 of the Social
			 Services Law and in sections 409-e and 409-f  of the Social Services Law, except
			 as specified in Social Services Law sections 422, 426 and 427-a.
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 433.1 - Scope

Current through Register Vol. 46, No. 28, July 10, 2024
This Part establishes standards for the protection of
			   persons with special needs pursuant to article 11 of the Social Services Law.
			   Section 488  of the Social Services Law defines a
			   vulnerable person as a person who, due to physical or cognitive disabilities,
			   or the need for services or placement, is receiving services from a facility or
			   provider agency.
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 433.3 - Duty to report

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Reportable
			 Incidents as defined in this Part and in section 488  of the Social Services Law shall be
			 reported immediately upon discovery to the Vulnerable Persons' Central Register
			 (VPCR), in accordance with section 491  of the Social Services Law. Discovery
			 occurs when the man dated reporter witnesses a suspected reportable incident or
			 when another person who was involved in or witnessed the incident, including
			 the vulnerable person, comes before the mandated reporter in the mandated
			 reporter's professional or official capacity and provides the mandated reporter
			 with reasonable cause to suspect that the vulnerable person has been subjected
			 to a reportable incident.
(b) Each
			 mandated reporter who has reasonable cause to suspect that a vulnerable person
			 has been subjected to a reportable incident as described above, is required to
			 make a report to the VPCR unless the mandated reporter has actual knowledge
			 that the reportable incident has already been reported to the VPCR and that the
			 mandated reporter has been named as a person with knowledge of the incident in
			 such report.
(c) Nothing contained
			 herein shall affect or diminish the obligation of persons who are mandated to
			 make reports to the Statewide Central Register of Child Abuse and Maltreatment
			 pursuant to section 413  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 433 - Abuse, Neglect and Significant Incidents Involving Vulnerable Persons › Section 433.4 - Code of conduct

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
			 Justice Center issued code of conduct for custodians must be provided by the
			 facility or provider agency to employees, volunteers or consultants of the
			 agency that are custodians as defined in this Part. The code shall guide the
			 conduct of such custodians with respect to the safety, dignity and welfare of
			 vulnerable persons to whom they provide care. The facility or provider agency
			 shall establish a process by which each custodian is provided with a copy of
			 the code of conduct and is required, at the time of his or her initial
			 employment, and at least annually thereafter, to acknowledge that he or she has
			 read and understands such code of conduct. Such process shall provide for the
			 enforcement of such code consistent with appropriate collective bargaining
			 agreements.
(b) Minimum
			 requirements for custodians under the code of conduct include, but are not
			 limited to:
(1) Supporting the emotional,
			 physical and personal wellbeing of the vulnerable persons they serve, including
			 their protection from abuse and neglect, and to seek guidance and advice to
			 resolve issues as needed when making decisions relating to the persons they
			 serve.
(2) Assisting, in a safe and
			 appropriate way, the vulnerable persons they serve to direct the course of
			 their own lives and recognizing the potential for lifelong learning and
			 growth.
(3) Participating in
			 available, appropriate training to maintain their competency and skill-level,
			 and to model and shape the behavior of their co-workers.
(4) Promoting and practicing justice,
			 fairness and equity for the vulnerable persons they support, uphold and respect
			 their human and civil rights and respect their human dignity and
			 uniqueness.
(5) Assisting, where
			 appropriate, the vulnerable persons served in developing and maintaining
			 relationships with families.
(6)
			 Advocating with and/or on behalf of the vulnerable persons served for their
			 needs, interests, justice, inclusion and community participation as appropriate
			 for that person.
(7) Reporting all
			 reportable incidents as required in in this part as well as section 491  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 433 - Abuse, Neglect and Significant Incidents Involving Vulnerable Persons › Section 433.6 - Plans of prevention and remediation

Current through Register Vol. 46, No. 28, July 10, 2024
Upon receipt from the Justice Center of a report of abuse
			   or neglect of a vulnerable person or a significant incident, where the Justice
			   Center or the Office of Children and Family Services has determined that it
			   appears likely that a crime may have been committed against a vulnerable person
			   or that there has been a violation of the statutory, regulatory or other
			   requirements related to the care and treatment of individuals receiving
			   services, the director of the program shall consider any appropriate
			   recommendations received from the Office of Children and Family Services and
			   the Justice Center for preventive and remedial action, including legal action,
			   and shall:
(a) Develop and implement a
			 written plan of action to be taken with respect to an individual employee or
			 volunteer to protect the continued health and safety of the vulnerable person
			 in the program and to provide for the prevention of future acts of abuse or
			 neglect. Such plan shall also describe the actions taken to address the
			 investigative findings. For facilities issued an operating certificate by the
			 Office of Children and Family Services pursuant to Parts 476 and 477 of this
			 Title, the plan shall be subject of the approval of the Office of Children and
			 Family Services. For other facilities, the plan shall be subject to approval by
			 the Office of Children and Family Services and/or the Justice Center, as
			 applicable.
(b) In the event an
			 investigation finds a report of abuse, neglect, or significant incident may be
			 attributed in whole or in part to noncompliance with any of the program rules,
			 the regulations of the Office of Children and Family Services or the
			 regulations, policy or guidance of the Justice Center, the facility or provider
			 agency shall develop and implement a plan of prevention and remediation which,
			 at a minimum, shall address each area of noncompliance and indicate how the
			 program will come into compliance. Such plan shall also describe the actions
			 taken to address the investigative findings and shall be subject to the
			 approval and/or continued monitoring by the Office of Children and Family
			 Services and/or the Justice Center.
(c) The plan of prevention and remediation
			 shall be stated in writing and endorsed with the signature of the facility or
			 provider agency's director or other executive with supervisory
			 authority.
(d) The plan of
			 prevention and remediation shall prescribe a monitoring date or interval of
			 monitoring dates should that be deemed appropriate, with the name of the
			 individual or individuals responsible for assessing the efficacy of the
			 remedial action.