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 427 - STANDARDS OF PAYMENT FOR FOSTER CARE OF CHILDREN › Section 427.4 - District procedures for all programs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For foster care purchased from authorized
			 agencies. Prior to the execution of an annual agreement as required by Part 405
			 of this Title for the purchase of foster care services for children from an
			 authorized agency as defined in section 371  of the Social Services Law, a social
			 services district must have either received from the department an approved
			 maximum State aid rate or a copy of the department's official rate promulgation
			 letter from the authorized agency which sets forth the maximum State aid rate
			 which the agency is authorized to receive.
(b) For maintenance purchased from approved
			 schools for the handicapped. Prior to the payment of a maintenance rate to
			 approved schools for the handicapped, a social services district must have
			 either received from the department notification of the approved State aid rate
			 which can be paid to the school or a copy of the department's official rate
			 promulgation letter from the school which sets forth the State aid rate which
			 the school is authorized to receive pursuant to the Education Law.
(c) Foster care provided directly. Prior to
			 the dates required by section
			 427.7 
			 of this Part, a social services district that provides foster care of children
			 directly shall:
(1) develop for each
			 institution, group residence, group home program, agency boarding home program
			 and foster family boarding home program an expenditure report for the past
			 fiscal period, including a program description and any supplemental reports in
			 whatever form specified by the department;
(2) determine the items of cost for which
			 payment will be made and the rates for which the social services district shall
			 claim State reimbursement for each child; and
(3) after determining the items for which
			 payment will be made and the rates on which the social services district will
			 claim reimbursement, forward that information, expenditure report and a program
			 description, to the department.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 2 - Family and Children's Services › Part 427 - STANDARDS OF PAYMENT FOR FOSTER CARE OF CHILDREN › Section 427.5 - Procedures for all programs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
			 authorized agency shall submit to the department for each institution, group
			 residence, group home program, agency boarding home program and family foster
			 boarding home program and approved school for the handicapped, an income and
			 expenditure report for the past fiscal period, including a program description
			 and any supplemental reports in whatever form specified by the
			 department.
(b) Each approved
			 private school for the handicapped for which the department sets a State aid
			 rate shall submit to the department for each program, an income and expenditure
			 report for the past fiscal period and any supplemental reports in whatever form
			 specified by the department.
(c)
			 The department shall review material required and forwarded by an authorized
			 agency or school, pursuant to the requirements of subdivisions (a)- (b) of this
			 section, to establish the maximum payments on which reimbursement for
			 maintenance costs shall be made to a social services district for the next
			 fiscal period for providing care for a child in each institution, group
			 residence, group home, agency boarding home program, foster family boarding
			 home program or approved school for the handicapped. The amount of State
			 reimbursement shall be available up to the maximum State aid rate established
			 for each program, for costs deemed reasonable by the department.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 2 - Family and Children's Services › Part 427 - STANDARDS OF PAYMENT FOR FOSTER CARE OF CHILDREN › Section 427.7 - Time for submitting material to the department

Current through Register Vol. 46, No. 28, July 10, 2024
The material required to be submitted by an authorized
			   agency to the department pursuant to this Part shall be submitted by November
			   first of each year.
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 427 - STANDARDS OF PAYMENT FOR FOSTER CARE OF CHILDREN › Section 427.9 - Requests for adjustment in State reimbursement

Current through Register Vol. 46, No. 28, July 10, 2024
The social services district and/or an authorized agency
			   may request an adjustment of maximum payments on which State reimbursement for
			   foster care of children shall be made by submitting a request, for consultation
			   up to a 30-day period after maximum State aid rates are published. The
			   consultation period shall begin when the department receives a letter
			   requesting consultation and extend until an agreement has been reached, or the
			   department has rendered a decision. If an agreement is not reached within 30
			   days from initiation of consultation, a formal appeals conference may be
			   requested. If the social services district and/or authorized foster care agency
			   has not taken advantage of the consultation period, it will not be entitled to
			   a formal appeal.
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 427 - STANDARDS OF PAYMENT FOR FOSTER CARE OF CHILDREN › Section 427.13 - Eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
The only eligibility factor for foster care and foster
			   care services is the need of the child for care and
			   protection.
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 427 - STANDARDS OF PAYMENT FOR FOSTER CARE OF CHILDREN › Section 427.14 - District foster care apportionment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Expenditures made by any local social
			 services district for the care and maintenance of children in foster care shall
			 be reimbursed by the department only to the extent that such expenditures do
			 not exceed the district foster care apportionment amount.
(b) Subdivision (a) of this section
			 notwithstanding, a district may apply for reimbursement for its excess foster
			 care expenditures and may receive such reimbursement, provided that:
(1) a natural disaster has occurred and some
			 victims of that disaster have entered foster care due to the effects of that
			 disaster;
(2) an emergency,
			 extraordinary or unforeseen circumstance has contributed to the placement of
			 children in foster care; or
(3) the
			 department has reviewed the application for additional reimbursement and has
			 found:
(i) that less than 15 percent, or, for
			 State fiscal years commencing on and after April 1, 1983, less than 10 percent
			 of the children cared for by the district outside of their homes have been
			 provided care in such a manner as would be subject to denial of State
			 reimbursement pursuant to the provisions of section 153-d or sectiion 398-b  of
			 the Social Services Law; and
(ii)
			 that the district's expenditures for preventive services are not in substantial
			 noncompliance with the district's own assessment of its projected program and
			 fiscal requirements in meeting identified needs, as set forth in its
			 district-wide plan submitted and approved pursuant to Part 429 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 427 - STANDARDS OF PAYMENT FOR FOSTER CARE OF CHILDREN › Section 427.15 - Additional limitations on reimbursement and payment for foster care services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Social
			 services districts and authorized agencies from which social services districts
			 purchase foster care services or preventive services shall be subject to the
			 limitations on reimbursement and payment set forth in Part 430 of this
			 Title.
(b)
(1) A child who is a refugee or Cuban/Haitian
			 entrant and qualifies for special foster care services in accordance with this
			 section
			 427.6(c)(5) 
			 of this Part is deemed to require such services for the first 12 months that
			 the child receives foster care services. During such 12-month period, the
			 social services district which has the care and custody of the child will
			 receive State reimbursement in accordance with the provisions of section
			 427.6(c) 
			 of this Part.
(2) Thirty days prior
			 to the end of such 12-month period, the appropriate social services district
			 shall evaluate the status of such foster children to determine whether after
			 such 12-month period expires the child will continue to require special foster
			 care services.
(3) After the
			 evaluation required by paragraph (2) of this subdivision is completed,
			 additional evaluations shall be conducted by the district at the same time that
			 the child's service plan is required to be reviewed pursuant to section
			 428.3 
			 of this Title.
(4) After such
			 evaluations, the social services district must determine whether the child
			 should receive special foster care services. Such determinations must be based
			 upon the standards contained in section
			 427.6(c) 
			 of this Part.
(5) Nothing in this
			 subdivision precludes a child who is a refugee or Cuban/Haitian entrant, as
			 defined in section
			 427.2(p)-(q) 
			 of this Part from receiving exceptional foster care services if such child
			 meets the criteria for such services as set forth in section
			 427.6(d) 
			 of this Part.
(6) The amount of the
			 foster care payments made to the social services district for the cost of care
			 provided to foster children who are refugees or Cuban/Haitian entrants after
			 the subsequent evaluations are conducted shall be determined in accordance with
			 the provisions of section
			 427.6 
			 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 427 - STANDARDS OF PAYMENT FOR FOSTER CARE OF CHILDREN › Section 427.16 - Standards on clothing for children in foster care

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Responsibility of social services
			 districts. For each child in foster care, the social services district shall:
(1) determine clothing needs upon admission
			 to care;
(2) authorize allowances
			 to buy necessary clothing;
(3)
			 authorize special allowances to cover the costs of additional clothing for:
(i) religious ceremonies;
(ii) educational or summer camp
			 activities;
(iii) special physical
			 conditions;
(iv) replacement of
			 clothing that is stolen or destroyed; and
(4) review and evaluate the child's clothing
			 needs with the child, when appropriate, and the foster parent to ensure that:
(i) additional clothing is provided for the
			 child as needed;
(ii) clothing is
			 clean, attractive, and well fitting;
(iii) the child's participation in the
			 planning and the selection of his clothes is consistent with his age and
			 maturity; and
(iv) advance notice
			 is given for special clothing requests.
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 427 - STANDARDS OF PAYMENT FOR FOSTER CARE OF CHILDREN › Section 427.17 to 427.18

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 428 - STANDARDS FOR UNIFORM CASE RECORDS AND FAMILY AND CHILD ASSESSMENTS AND SERVICE PLANS › Section 428.1 - General statement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Local
			 social services districts must provide a thorough family assessment and an
			 account of all family and children's services delivered to children and their
			 families through case records maintained in the form and manner and at such
			 times as required by OCFS for the following:
(1) all children placed in local social
			 services district custody, or considered for such placement, which includes all
			 children placed by a court directly in the custody of a relative or other
			 suitable person pursuant to article 10 of the Family Court Act;
(2) all children in receipt of mandated and
			 nonmandated preventive services (as defined in section 409-a  of the Social Services
			 Law);
(3) all children legally
			 freed for adoption; and
(4) all
			 children named in an indicated report of child abuse or maltreatment (as
			 defined under section
			 432.1  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 428 - STANDARDS FOR UNIFORM CASE RECORDS AND FAMILY AND CHILD ASSESSMENTS AND SERVICE PLANS › Section 428.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Case initiation date
or
day 1
for family case
			 for the purpose of this Part shall mean the earliest of:
(1) the initial date of application for
			 foster care services, mandated or nonmandated preventive services for children,
			 or adoption services;
(2) the date
			 that a report to the statewide central register of child abuse and maltreatment
			 is determined to be indicated;
(3)
			 the date of placement of a child in foster care pursuant to article 3 or 7 of
			 the Family Court Act or the date of removal of a child from his or her home
			 which led to placement in foster care either pursuant to article 10, 10-B or
			 10-C of the Family Court Act or section 383-c, 384 or
			 384-a  of the Social Services Law or
			 placement by a court in the direct custody of a relative or other suitable
			 person pursuant to article 10 of the Family Court Act; or
(4) the date of a court-ordered preventive
			 services or commitment of care, custody and/or guardianship of a child to a
			 local social services district commissioner for placement with an authorized
			 agency or foster parent.
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 428 - STANDARDS FOR UNIFORM CASE RECORDS AND FAMILY AND CHILD ASSESSMENTS AND SERVICE PLANS › Section 428.3 - Uniform case record requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All social services districts must
			 establish and maintain a single uniform case record for each family for whom a
			 case record is required pursuant to section
			 428.1  of this
			 Part.
(b)
(1) Each uniform case record must include,
			 but need not be limited to the following items in the form and manner
			 prescribed by OCFS:
(i) a common application
			 form;
(ii) family assessments and
			 service plans at regularly scheduled intervals in accordance with subdivision
			 (f) of this section;
(iii) plan
			 amendments, as required by section
			 428.7 
			 of this Part completed for each status change;
(iv) all forms for the child care review
			 service pursuant to sections
			 406.4
			 and
			 465.1 
			 of this Title, for as long as that system remains the official system of record
			 of OCFS;
(v) face sheet;
(vi) progress notes in the form and manner
			 prescribed by OCFS;
(vii) all
			 official documents and records of any judicial or administrative proceedings
			 relating to the district's contact with a child and/or a family, including but
			 not limited to records of petitions, permanency hearing reports and notices,
			 court orders, probation reports, voluntary instruments or agreements, fair
			 hearings, administrative reviews, and the results of any examinations or
			 evaluations ordered by a court;
(viii) all correspondence between the family,
			 the district and/or purchase of service agencies;
(ix) information received from private or
			 public purchase of service agencies, concerning casework contacts with a child
			 and/or his or her family receiving family and children services; and
(x) all documentation relating to the
			 establishment of categorical eligibility for any funding source for which the
			 child or family may be eligible.
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 428 - STANDARDS FOR UNIFORM CASE RECORDS AND FAMILY AND CHILD ASSESSMENTS AND SERVICE PLANS › Section 428.4 - Face sheet

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each uniform
			 case record established under this Part must contain a face sheet or
			 equivalent. Each local district and agency must utilize a form or on-line
			 equivalent that will best meet local purposes.
(b) The face sheet must be prepared at the
			 time of application for services and be available for easy reference. The
			 information on the face sheet must be amended as necessary and contain the most
			 current information available.
(c)
			 The content for the face sheet must include, but need not be limited to:
(1) the names of parent(s), including any
			 absent parent as that term is defined in section
			 347.2(a) 
			 of this Title, or non-respondent parent of a child placed in foster care
			 pursuant to article 10 of the Family Court, or placed by a court in the direct
			 custody of a relative or other suitable person pursuant to article 10 of the
			 Family Court Act, or where a parent executes a voluntary placement agreement or
			 surrender, the non-signatory parent, if known, and their addresses, telephone
			 numbers, social security numbers, and employer's addresses;
(2) the name, sex, date of birth and marital
			 status of each family member and their relationships with each other;
			 and
(3) information which would be
			 needed in case of an emergency, such as the name, address and telephone number
			 of a specified person to be contacted other than a family member in the same
			 household.
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 428 - STANDARDS FOR UNIFORM CASE RECORDS AND FAMILY AND CHILD ASSESSMENTS AND SERVICE PLANS › Section 428.6 - Family assessments and service plans (content)

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
			 purpose of family assessments and service plans is to record information
			 gathered about family members in receipt of child welfare services, including
			 preventive services, child protective services, foster care and/or adoption
			 services; assist with evaluations and assessments of the family; assist with
			 determining the family's need for services necessary to achieve the
			 child(ren)'s permanency planning goal; assist with ascertaining family progress
			 in meeting desired outcomes and assist with on-going planning with the family.
(1) Each family assessment and service plan
			 must include but is not limited to the following:
(i) a program choice or choices for each
			 child receiving services;
(ii) a
			 goal and plan for child permanency;
(iii) a description of legal activities and
			 their impact on the case;
(iv) a
			 thorough and comprehensive assessment or reassessment and analysis of the
			 family members' strengths, needs and problems;
(v) immediate actions or controlling
			 interventions, as defined in section
			 428.2(j) 
			 of this Part, which must be taken or have been provided;
(vi) the family's view of its needs and
			 concerns;
(vii) a plan of services
			 and assistance made in consultation with the family and each child over 10
			 years old, whenever possible, which utilizes the family's strengths and
			 addresses the family members' needs and concerns;
(viii) the status of the service plan
			 including service availability and a description of the manner of service
			 provision;
(ix) the family's
			 progress toward plan achievement;
(x) essential data relating to the
			 identification and history of the child and family members and a summary which
			 documents the involvement of the parent(s) or guardian, child(ren) and any
			 others in the development of the service plan including their input into the
			 service plan;
(xi) safety
			 assessments in all cases, as defined in section
			 428.2(i) 
			 and section
			 428.3(g) 
			 of this Part;
(xii) risk
			 assessments in child protective services cases, as defined in section
			 428.2(h) 
			 of this Part; and
(xiii)
			 assessments of family functioning.
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 428 - STANDARDS FOR UNIFORM CASE RECORDS AND FAMILY AND CHILD ASSESSMENTS AND SERVICE PLANS › Section 428.7 - Plan amendments (status changes)

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 The purpose of a plan amendment is to describe and document certain significant
			 changes in the status of a case and to direct a reassessment of the family
			 and/or child's situation so that any necessary revisions to the service plan
			 can be made.
(b) Changes in case
			 status that require a plan amendment include, but are not limited to situations
			 where:
(1) preventive services are started
			 for a child;
(2) preventive
			 services are ended for a child;
(3)
			 a case is opened for child protective services;
(4) child protective services are ended for a
			 case;
(5) a child is removed from
			 his or her home and enters or reenters foster care;
(6) a child is moved from one foster care
			 setting to another;
(7) a child is
			 removed from his or her home and is placed by a court in the direct custody of
			 a relative or other suitable person pursuant to article 10 of the Family Court
			 Act;
(8) a child becomes legally
			 free for adoption; or
(9) a child
			 is discharged (trial or final) from foster care (includes finalization of
			 adoption).
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 428 - STANDARDS FOR UNIFORM CASE RECORDS AND FAMILY AND CHILD ASSESSMENTS AND SERVICE PLANS › Section 428.8 - Access to foster care records by a former foster child

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Purpose. This section establishes the
			 standards and process whereby a former foster child may receive access to
			 foster care records from an authorized agency.
(b) Definitions. As used in this section:
(1) Former foster child means a person 18
			 years of age or older, who has been discharged from foster care on either a
			 trail or final basis and was not adopted.
(2) Foster care record means the following:
(i) health and medical records, including
			 medical histories of the foster child and his or her birth parents, to the
			 extent available, and in accordance with section 373-a  of the Social Services Law and
			 section
			 357.3 
			 of this Title;
(ii) educational
			 records;
(iii) social history,
			 assessment and service plan documents and plan amendments in the form and
			 manner required at the time such documents were completed, or which predate
			 uniform case recording requirements pursuant to this Part;
(iv) progress notes;
(v) face sheet or equivalent, and any other
			 documents which identify and describe family members, including but not limited
			 to parents, guardians, siblings and half siblings, and grandparents;
			 and
(vi) placement information
			 pursuant to section 372 (1)(e)  of the Social
			 Services Law.
(3)
			 Authorized agency includes those entities defined in section 371 (10)(a) and (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 428 - STANDARDS FOR UNIFORM CASE RECORDS AND FAMILY AND CHILD ASSESSMENTS AND SERVICE PLANS › Section 428.9 - Service plan review for foster care and other out-of-home placement cases

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
			 service plan review must be conducted in accordance with the requirements of
			 section
			 430.12 
			 of this Title and must be documented in the uniform case record for any child
			 in foster care or any child who was placed by a court in the direct custody of
			 a relative or other suitable person pursuant to article 10 of the Family Court
			 Act. The term
foster care case
includes children who are
			 legally free for the purpose of adoption and children not in the care and
			 custody or custody and guardianship of the local commissioner of social
			 services who reside with their minor parents in the same foster family home or
			 residential facility.
(b)
(1) Unless such service plan review will
			 occur within 60 days of the date certain for a permanency hearing, a case
			 consultation must be held for each child defined in section 1087  of the Family
			 Court Act in preparation for each permanency hearing held in accordance with
			 article 10-A of the Family Court Act including in those cases where the
			 permanency hearing will constitute the service plan review. Such case
			 consultation must be documented in the progress notes and the decisions and
			 outcomes must be incorporated into the permanency hearing report. Such case
			 consultation must be conducted no earlier than 60 days prior to the date
			 certain of the permanency hearing and must be completed with sufficient time to
			 finalize and submit the permanency hearing report at least 14 days before the
			 date certain for the permanency hearing. Participants in the case consultation
			 must include:
(i) the case planner and/or the
			 child's caseworker;
(ii) the
			 child's parent(s), unless the parent has had his or her parental rights to the
			 child terminated or unless it can be documented that one or both of them are
			 unwilling or unable to attend;
(iii) each child who is at least 10 but less
			 than 14 years of age, unless it can be documented that the child is unwilling
			 to attend, or it can be demonstrated that such attendance would not be in the
			 child's best interests;
(iv) each
			 child 14 years of age or older in accordance with the standards set forth in
			 section
			 428.3(i) 
			 of this Part;
(v) members of the
			 case planning team chosen by the child who is 14 years of age or older in
			 accordance with the standards set forth in section
			 428.3(i) 
			 of this Part; and
(vi) the child's
			 foster parent, if the child is in placement in a foster boarding home; the
			 child's pre-adoptive parent, if the child is in such placement; or the relative
			 or other suitable person with whom the child has been placed directly by a
			 court order.
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 428 - STANDARDS FOR UNIFORM CASE RECORDS AND FAMILY AND CHILD ASSESSMENTS AND SERVICE PLANS › Section 428.10 - General social services district requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Records and reports.
(1) All social services districts must submit
			 to OCFS the records required in this Part in the form, manner and at such times
			 as required by OCFS.
(2) All
			 records must be maintained in a manner consistent with the confidential nature
			 of such records in accordance with sections 136, 372 (4), 422 (4), 422 (5-a) and
			 427-a (5)  of the Social
			 Services Law and Part 357 and sections
			 423.7
			 and
			 432.13 
			 of this Title.
(3) Records, whether
			 maintained by a district or provider agency pursuant to a purchase of service
			 agreement, must be available at all reasonable times for inspection by
			 representatives of OCFS, and photostatic copies of such records must be
			 forwarded to OCFS upon request.
(4)
			 Uniform case records maintained in CONNECTIONS or any other electronic or
			 web-based data system designated by OCFS are available to OCFS and may be
			 accessed by authorized OCFS personnel without prior notice to the district or
			 provider agency.
(5) Such records,
			 whether maintained by a social services district or provider agency must be
			 retained in accordance with the following standards:
(i) records of a foster child must be
			 retained for 30 years following the discharge of the child from foster
			 care;
(ii) records of a child and
			 family receiving preventive services must be retained for six years after the
			 18th birthday of the youngest child in the family. Such records must be
			 expunged six years after the 18th birthday of such child. The provisions of
			 this subparagraph apply where the sole service provided is preventive services.
			 Where preventive services is provided in conjunction with or in addition to
			 foster care, adoption or child protective services, the applicable standards
			 for record retention in relation to foster care, adoption or child protective
			 services as set forth in this section apply;
(iii) records of a child and family receiving
			 child protective services must be maintained in accordance with the standards
			 set forth in sections 422 (5), 422 (8), and
			 427-a (5)  of the Social
			 Services Law and sections
			 432.9
			 and
			 432.13 
			 of this Title; and
(iv) records of
			 an adopted child must be sealed and permanently retained.
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 428 - STANDARDS FOR UNIFORM CASE RECORDS AND FAMILY AND CHILD ASSESSMENTS AND SERVICE PLANS › Section 428.11

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 428 - STANDARDS FOR UNIFORM CASE RECORDS AND FAMILY AND CHILD ASSESSMENTS AND SERVICE PLANS › Section 428.12

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 428 - STANDARDS FOR UNIFORM CASE RECORDS AND FAMILY AND CHILD ASSESSMENTS AND SERVICE PLANS › Section 428.13

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 428 - STANDARDS FOR UNIFORM CASE RECORDS AND FAMILY AND CHILD ASSESSMENTS AND SERVICE PLANS › Section 428.14

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 428 - STANDARDS FOR UNIFORM CASE RECORDS AND FAMILY AND CHILD ASSESSMENTS AND SERVICE PLANS › Section 428.15

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 429 - Family And Children's Services Plan › Section 429.1 - General statement

Current through Register Vol. 46, No. 28, July 10, 2024
Each social services district shall prepare and submit to
			   the department an annual district-wide child welfare services plan, hereinafter
			   referred to as the Family and Children's Services Plan or "plan", setting forth
			   the child welfare needs of children and families for whom the social services
			   district is, or may be, responsible to assure implementation of the Child
			   Welfare Reform Act of 1979.
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 429 - Family And Children's Services Plan › Section 429.2 - Services program year

Current through Register Vol. 46, No. 28, July 10, 2024
The Family and Children's Services Plan shall become
			   effective on the first day of October and continue in effect through the 30th
			   day of September of the next succeeding year.
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 429 - Family And Children's Services Plan › Section 429.3 - Submission of proposed plan

Current through Register Vol. 46, No. 28, July 10, 2024
(a) By
			 July 15, 1980, and at a time specified by the department in each succeeding
			 year, each social services district shall develop and submit a Family and
			 Children's Services Plan, in such format as prescribed by the
			 department.
(b) Such plan shall be
			 developed by the district in consultation with other governmental agencies
			 concerned with the welfare of children residing in the district, authorized
			 agencies and other concerned individuals and organizations. The plan, as
			 submitted to the department for approval, and as approved by the department,
			 shall be made available to such agencies, individuals and organizations upon
			 request.
(c) Each district shall
			 assure that its plan is consistent with, and prepared in conjunction with, the
			 district's Title XX Plan, the district's Child Protective Services Plan, and
			 any other State or Federal planning requirements.
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 429 - Family And Children's Services Plan › Section 429.4 - Content

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Family and
			 Children's Services Plan shall include all services which shall be provided or
			 contracted for through purchase of service agreements by the district on behalf
			 of children and families during the period covered by the plan. The family and
			 children's services which the district provides may include but are not limited
			 to the following:
(1) foster care;
(2) preventive services;
(3) child protective services;
(4) adoption services;
(5) employment services;
(6) housing improvement services;
(7) day-care services;
(8) domestic violence;
(9) unmarried parent services;
(10) family planning services;
(11) health-related services;
(12) home management services;
(13) homemaker services;
(14) housekeeper/chore services;
			 and
(15) educational
			 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 429 - Family And Children's Services Plan › Section 429.5 - Criteria and process for approval of plan

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The department shall review the plan
			 within 45 days of submission, and a letter will be transmitted to the local
			 commissioners within this period which will indicate approval or nonapproval
			 for the whole or parts of the plan and state the reasons for such
			 determination. The department shall utilize the following criteria for such
			 decision:
(1) that the plan complies with the
			 requirements set forth in this Part and in section 409-d  of the Social Services
			 Law;
(2) that the plan is
			 consistent with other applicable provisions of the Social Services Law and with
			 the regulations of the department;
(3) that the plan demonstrates that services
			 included therein are appropriate to meet the assessed needs of the children and
			 families for whom the district is or may be responsible; and
(4) that the plan is consistent with the
			 prior year plan in that it addresses achievement or failure to achieve
			 objectives in the prior year's plan, recommends alternative activities to
			 achieve restated prior year objectives, when appropriate.
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 430 - UTILIZATION REVIEW FOR FOSTER CARE AND PREVENTIVE SERVICES › Section 430.1

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 430 - UTILIZATION REVIEW FOR FOSTER CARE AND PREVENTIVE SERVICES › Section 430.2

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 430 - UTILIZATION REVIEW FOR FOSTER CARE AND PREVENTIVE SERVICES › Section 430.3 to 430.4

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 430 - UTILIZATION REVIEW FOR FOSTER CARE AND PREVENTIVE SERVICES › Section 430.5

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 430 - UTILIZATION REVIEW FOR FOSTER CARE AND PREVENTIVE SERVICES › Section 430.6

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 430 - UTILIZATION REVIEW FOR FOSTER CARE AND PREVENTIVE SERVICES › Section 430.7

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 430 - UTILIZATION REVIEW FOR FOSTER CARE AND PREVENTIVE SERVICES › Section 430.8 - Utilization review

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General.
			 Sections 430.8  -430.12 of this Part establish the department's utilization
			 review regulations for foster care and preventive services cases. These
			 standards require that family relationships are sustained whenever possible,
			 that each child's interests for sound and permanent relationships are
			 protected, and that appropriate services are provided to every client. To these
			 ends the standards provide that:
(1) every
			 family with a child at clear risk of foster care placement receives preventive
			 services to improve the family relationships and prevent the
			 placement;
(2) only children who
			 must be removed from their families in order to be provided proper care,
			 nurturance or treatment are placed in foster care;
(3) children in foster care are placed in the
			 least restrictive, most home-like setting possible; and
(4) every possible effort is undertaken to
			 prepare each child and his family for the discharge of the child.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 2 - Family and Children's Services › Part 430 - UTILIZATION REVIEW FOR FOSTER CARE AND PREVENTIVE SERVICES › Section 430.10 - Necessity of placement

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
General requirements.
(1) For
			 purposes of this section, the placement of a child in foster care after April
			 1, 1982, shall be considered necessary if the standard for necessary activities
			 prior to the placement and the standard for placement, as set forth in
			 subdivisions (b)- (c) of this section, are met.
(2) The necessity of a child's placement
			 shall be documented on the forms prescribed by the department in Part 428 of
			 this Title according to the standards for documentation defined under the
			 standard for necessary activities prior to placement and the standard for
			 placement as set forth in subdivisions (b) and (c) of this section. In the
			 absence of documentation in the uniform case record for the standard for
			 placement, the placement shall be deemed unnecessary. To the extent permitted
			 by the Mental Hygiene Law and the regulations of the Office of Mental Health
			 and the Office of Mental Retardation and Developmental Disabilities, social
			 services officials shall obtain copies of the case records and service plans
			 and any updates to such records and plans for children whose care and custody
			 have been transferred to such officials and who are receiving care in
			 facilities operated or supervised by such offices. Such records, plans and
			 updates shall be made a part of the uniform case record. It shall be the
			 responsibility of the district to show that the standard for necessary
			 activities prior to placement has been met, and a failure to provide evidence
			 that this standard has been met shall be deemed equivalent to a failure to meet
			 the standard.
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 430 - UTILIZATION REVIEW FOR FOSTER CARE AND PREVENTIVE SERVICES › Section 430.13

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 431 - Care and Protection of Children › Section 431.4 - Retention of earnings of children in foster care

Current through Register Vol. 46, No. 28, July 10, 2024
A child or minor in foster care as a public charge is
			   permitted to retain the maximum amount of his or her earned monthly income as
			   savings for future identifiable needs in accordance with the standards relating
			   to eligibility for title IV-E foster care set forth in section
			   426.1  of
			   this Title. A social services district must make efforts to preserve the
			   child's eligibility for federally reimbursable foster care maintenance payments
			   and to provide the child with a means to accumulate resources to assist in
			   meeting his or her 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 431 - Care and Protection of Children › Section 431.5 - Staffing standards for administration of child welfare services and care by social services departments

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Caseload and supervisory standards to be
			 established. Effective January 1, 1969, the social services department of each
			 social services district shall establish the following staffing standards for
			 the administration of child welfare services and care:
(1) a maximum per intake worker of 20
			 applications for care or services per month;
(2) a maximum per worker providing preventive
			 services of 20 families, but not to exceed 60 children;
(3) a maximum per worker supervising
			 homemakers of 10 homemakers;
(4) a
			 maximum per worker supervising family day-care homes of 25 such
			 homes;
(5) a minimum of one
			 homefinder to conduct home studies for every 50 new approved family day-care
			 homes needed;
(6) a maximum per
			 worker providing casework services to children in foster care, and their
			 parents, of 50 such children;
(7) a
			 maximum per worker bearing responsibility toward children who have been placed
			 with private agencies and institutions of:
(i)
			 50 such children, where the worker provides casework services to the children
			 and their parents;
(ii) 80 such
			 children, where the worker provides casework services to the parents and the
			 private agency or institution provides casework services to the
			 children;
(iii) 130 such children,
			 where the private agency or institution provides full casework services to the
			 children and their parents;
(8) a minimum of one homefinder to conduct
			 home studies for every 25 new approved boarding homes needed;
(9) a maximum per worker providing services
			 to unmarried parents and their children of 25 such family units;
(10) a minimum of one homefinder to conduct
			 home studies for every 25 new approved adoptive homes needed; and
(11) a maximum per case supervisor of five
			 workers with the caseloads and functions specified in this section.