New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 3 - Child-care Agencies › Part 443 - Certification, Approval and Supervision of Foster Family Boarding Homes › Section 443.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Authorized agency.
The term authorized agency refers to an entity defined in
			   paragraphs (a) and (b) of subdivision 10 of section 371  of the Social Services Law.
(b)
Certificate.
A certificate to board permits an individual to receive
			   remuneration from an authorized agency for the care and board of a child under
			   the age of 18 years, or under the age of 21 years if a student attending a
			   school, college or university, or regularly attending a course of vocational or
			   technical training designed to fit him/her for gainful employment, and who
			   entered foster care prior to his/her 18th birthday. Such a certificate may be
			   issued by the public or private authorized agency purchasing such care.
(c) [Reserved]
(d) A letter of approval or approval permits
			 a relative of a foster child as defined in subdivision (h) of this section, to
			 receive remuneration from an authorized agency for the care and board of a
			 child under the age of 18 years, or under the age of 21 years if a student
			 attending a school, college or university, or regularly attending a course of
			 vocational or technical training designed to fit him for gainful employment,
			 and who entered foster care prior to his/her 18th birthday. Such a letter of
			 approval shall be issued by the local commissioner of social services or by an
			 authorized agency, only if the home has been approved by the authorized agency
			 as required by this Part.
(e)
Foster family home care.
Foster family home care is temporary or long-term care of
			   a child whose care and custody or guardianship and custody have been
			   transferred to an authorized agency pursuant to the provisions of section 383-c, 384 or
			   384-a  of the Social Services Law or who
			   has been placed with a social services official pursuant to article 3, 7, 10,
			   10-B or 10-C of the Family Court Act and who is cared for away from his or her
			   home 24 hours a day in a family home with a foster parent duly certified or
			   approved by an authorized agency, or certified or approved by a social services
			   commissioner.
(f)
Approved home.
An approved home is a home in which temporary or
			   long-term care is provided to a child whose care and custody or guardianship
			   and custody have been transferred to an authorized agency pursuant to the
			   provisions of section 383-c, 384 or
			   384-a  of the Social Services Law or who
			   has been placed with a social services official pursuant to article 3, 7, 10,
			   10-B or 10-C of the Family Court Act and who is cared for 24 hours a day in a
			   family home with a foster parent who is a relative as defined in subdivision
			   (h) of this section and who is duly approved by an authorized agency as
			   required by this Part.
(g)
Approved emergency relative foster home.
An approved emergency relative foster home is a home in
			   which foster care is provided to a child placed with an authorized agency who
			   is cared for 24 hours a day in a family home with a foster parent who is a
			   relative as defined in subdivision (i) of this section and which is duly
			   approved by an authorized agency in accordance with section
			   443.7 
			   of this Part.
(h)
Relative.
For the purposes of this part, a relative is an (1) adult
			   who is related to the parent(s) or stepparent(s) of a child through blood,
			   marriage or adoption to any degree of kinship; (2) an adult with a positive
			   relationship to the child or child's family including but not limited to a
			   child's godparent, neighbor, family friend; or (3) an unrelated person where
			   placement with such person allows half -siblings to remain together in an
			   approved foster home, and the parents or stepparents of one of the half
			   -siblings is a relative of such person.
(i) Foster family boarding home means a
			 residence owned, leased or otherwise under the control of a single person or
			 family who has been certified or approved by an authorized agency to care for
			 no more than six children, including all children under the age of 13 whether
			 or not they are received for board except that up to two additional children
			 may be cared for only if such children are siblings, or are siblings of a child
			 living in the home, or are children freed for adoption and placed for adoption
			 with the person(s) who have been certified or approved as foster parents. Such
			 a home may exceed these limits only to receive for board a child or children
			 returning to that foster family boarding home pursuant to section
			 443.6 
			 of this Part.