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 3 - Child-care Agencies › Part 442 - Institutions › Section 442.23 - Discontinuance of operation

Current through Register Vol. 46, No. 28, July 10, 2024
The operation of a child-care institution may not be
			   discontinued unless the agency has served written notice of the proposed
			   discontinuance on the department at least 90 days prior to the proposed closing
			   date. The notice must comply with the requirements of section
			   476.2(d) 
			   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 3 - Child-care Agencies › Part 442 - Institutions › Section 442.24 - Respite care and services in group residences

Current through Register Vol. 46, No. 28, July 10, 2024
Institutions as defined in section
			   441.2(f) 
			   of this Title and group residences as defined in section
			   441.2(g) 
			   of this Title may be approved by social services districts as approved respite
			   care and services providers pursuant Part 435 of this Title; provided, however,
			   that public institutions caring for more than 25 children cannot be approved to
			   provide respite care and services for foster families. Such providers are
			   subject to all applicable requirements of such 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 3 - Child-care Agencies › Part 442 - Institutions › Section 442.25 - Waivers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
			 provision of other Parts of this Title notwithstanding, a written waiver of one
			 or more of the non-statutory requirements of this of this Part may be issued be
			 the Office of Children and Family Services to an applicant for, or the holder
			 of, a license to operation of an institution under this Part. Provided however,
			 that no program may apply for a waiver for any requirements regarding
			 non-discrimination. A waiver pursuant to this section may be issued at the time
			 of application for a license to operate an institution. An institution which
			 applies for a waiver subsequent to the issuance of a license to operate an
			 institution under this Part, must operate in full compliance with the
			 regulations at all times prior to the issuance of a waiver.
(b) An applicant for, or holder of, a license
			 to operate an institution must submit to the Office, in writing, any request
			 for a waiver pursuant to this section. The Office of Children and Family
			 Services may prescribe a form to be used for waiver requests. The application
			 for a waiver must include:
(1) The specific
			 regulation or regulations for which a waiver is sought;
(2) The reason a waiver is necessary;
			 and
(3) A description of what will
			 be done to achieve or maintain the intended purpose of the regulation or
			 regulations for which a waiver is sought and to protect the health, safety and
			 welfare of the youth in the facility
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 442 - Institutions › Section 442.26 - Certification for Specialized Programs to Serve Prenatal, Postpartum or Parenting Youth

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any facility
			 governed by this Part, including but not necessarily limited to a facility
			 governed by section
			 442.17  of this Part, may apply to
			 the Office for certification for the program as a specialized program to serve
			 prenatal, postpartum or parenting youth. Such application shall be in writing
			 and shall be made in the time and manner as directed by the Office.
(b) At minimum, such application must:
(1) Demonstrate that the facility is in
			 compliance with requirements of this Part and, specifically, any requirement
			 contained within this Part that applies to parenting a youth, a child of a
			 parenting youth, or a parenting youth and child of a parenting youth unit, as
			 such terms are defined in section
			 427.2  of this Title.
(2) Demonstrate requisite Office approval of
			 manuals, policies and procedures for a specialized program to serve pregnant,
			 postpartum or parenting youth. Such materials include but are not limited to:
(i) Policy and policy manuals required by
			 section 441.4  of this Title;
(ii) Policies and procedures specific to the
			 care and services that shall be provided to a parenting youth, a child of a
			 parenting youth, a parenting youth and a child of a parenting youth unit, as
			 such terms are defined in section
			 427.2  of this Title, and for youth
			 who are pregnant or postpartum, including but not limited to:
(a) Admission and intake
			 procedures;
(b) Training for staff
			 on topics related to the care and treatment of pregnant, postpartum or
			 parenting youth and the children of parenting youth, which may include, but not
			 necessarily be limited to:
(1) Child
			 development;
(2) Care for
			 postpartum youth;
(3) Youth and
			 family engagement;
(4) Safety risks
			 during pregnancy and for postpartum youth; and
(5) Safety risks for infants if the facility
			 will provide care to any child of a parenting youth that may be an
			 infant;
(c) Staffing
			 ratios;
(d) Proposed model of
			 trauma-informed care;
(e) Promotion
			 of cultural awareness, and competency regarding race, culture, gender, sexual
			 orientation and socioeconomic factors.
(f) Community engagement;
(g) Case planning and permanency
			 services;
(h) Clinical and
			 behavioral health services;
(i)
			 Availability of medical services;
(j) Educational, vocational, training and
			 independent living services; and
(k) Specific services and programing tailored
			 to meet the needs of pregnant, postpartum, parenting youth or the children of
			 parenting youth; and
(3) Include any other information as may be
			 required by the Office.
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 443.4 - Supervision

Current through Register Vol. 46, No. 28, July 10, 2024
Supervision of children placed in foster homes is to be
			   maintained through the provision of casework contacts in accordance with
			   section
			   441.21  of
			   this Title.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 3 - Child-care Agencies › Part 443 - Certification, Approval and Supervision of Foster Family Boarding Homes › Section 443.5 - Removal from foster family care

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 Whenever a social services official or another authorized agency acting on his
			 or her behalf proposes to remove a child in foster family care from the foster
			 family home, he/she or such other authorized agency, as may be appropriate,
			 must notify the foster family parents of the intention to remove such child.
			 This notice must be in writing.
(1) Such
			 notification must be given at least 10 days prior to the proposed effective
			 date of the removal, except where the health or safety of the child requires
			 that the child be removed immediately from the foster family home.
(2) Such notification must further advise the
			 foster family parents that they may request a conference with the social
			 services official or a designated employee of the social services district at
			 which time the foster parents, with or without a representative, may appear to
			 have the proposed action reviewed, be advised of the reasons therefor and be
			 afforded an opportunity to submit reasons why the child should not be
			 removed.
(3) Each social services
			 official must instruct and require any authorized agency acting on the
			 official's behalf to furnish notice in accordance with the provisions of this
			 section.
(4) Foster parents who do
			 not object to the removal of the child from their home may waive in writing
			 their right to the 10-day notice, provided, that such waiver shall not be
			 executed prior to the social services official's or authorized agency's
			 determination to remove the child from the foster home and the receipt by the
			 foster parents of notification of such determination.
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 443.6 - Return to foster family care after interruption in care; return to a family boarding home following placement in a foster care institution

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 Whenever a social services official, or an authorized agency acting on such
			 official's behalf, determines that it is in the best interests of a child to be
			 placed in the foster family home in which the child was last placed, when such
			 child is returning to the foster care system after an interruption in care or
			 returning to a family boarding home following placement in a foster care
			 institution, the local social services district or the authorized agency shall
			 place the child returning to care or returning to a family boarding home with
			 the child's prior foster parent(s).
(b) When placement is made in compliance with
			 the provisions of this section, the local social services official or the
			 authorized agency shall waive the restrictions on the number of children who
			 may reside in a foster family home, notwithstanding subdivisions 3 and 4 of
			 section 378  of the Social Services Law and sections
			 427.2(d) 
			 of this Title and 443.3 of this Part.
(c) The following factors must be considered
			 in all determinations as to whether it is in the best interest of the child to
			 place the child with his/her prior foster parent(s) when such child is
			 returning to foster care or returning to a family boarding home following
			 placement in a foster care institution:
(1)
			 certification/approval status of the prior foster parent(s);
(2) length of time in placement with prior
			 foster parent(s) and quality of relationship that developed during the
			 placement;
(3) length of time since
			 placement with the prior foster parent(s);
(4) basis for the child's discharge from
			 placement with the prior foster parent(s);
(5) willingness of prior foster parent(s) to
			 accept returning child;
(6)
			 willingness of child to return to prior foster parent(s);
(7) availability of space in the foster
			 home;
(8) ability of prior foster
			 parent(s) to care for returning child;
(9) proximity to prospective adoptive
			 parents, if return to care was caused by temporary disruptionof adoptive
			 placement;
(10) proximity to
			 siblings in care, if applicable; and
(11) compliance with standards for
			 appropriateness of placement and compliance with other applicable Office of
			 Children and Family Services' regulations.
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 443.7 - Agency procedures for certifying or approving potential emergency foster homes and emergency relative foster homes

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
			 home of a relative as defined in 443.1(h) of this Part of a foster child may be
			 approved as an emergency foster home under the following allowable
			 circumstances:
(1) Allowable circumstances:
(i) a child is removed from his or her own
			 home pursuant to section 1021, 1022, 1024, or 1027  of the Family Court Act or a
			 child is removed and placed into foster care pursuant to article 3, 7, 10, 10-B
			 or 10-C of the Family Court Act section 384-a  of the Social Services Law; or
(ii) a child currently placed in a
			 foster care setting needs to be placed in a foster home and the social services
			 district documents within the uniform case record a compelling reason why such
			 home needs to be approved on an emergency basis;
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 443.9 - Concurrent certification/approval of foster parent and approval of adoptive parent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) At the
			 time of application for certification or approval as a foster parent pursuant
			 to this Part, an applicant is authorized, but not required, to also apply for
			 approval as an adoptive parent as set forth in Part 421 of this Title. Nothing
			 herein may be deemed to require an individual to apply for concurrent
			 certification/approval.
(b) Except
			 as set forth in subdivision (c) of this section, the standards for studying an
			 individual for approval as an adoptive parent are the same as those for the
			 certification or approval of a foster parent as set forth in this Part. An
			 applicant for concurrent foster home certification/approval and adoptive parent
			 approval will not be required to submit dual documentation to the authorized
			 agency.
(c) In addition to the
			 standards referenced in subdivision (b) of this section, the authorized agency
			 must apply the marital standards as set forth in section
			 421.16(d) 
			 of this Title.
(d) When an adoption
			 study has been completed and an authorized agency intends to approve an
			 applicant, it must:
(1) prepare a written
			 summary of the study findings and activities, including:
(i) significant characteristics of their
			 family members;
(ii) the family
			 interaction;
(iii) the family's
			 relationship to other persons and the community;
(iv) the family's child rearing practices and
			 experiences; and
(v) any other
			 material needed to describe the family for adoption purposes;
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 443.10 - Annual renewal of certified and approved foster homes; reopenings and changes in certified and approved foster homes

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Agency
			 practice and procedure for annual renewal of a foster home's certificate or
			 letter of approval must include the following:
(1) a written evaluation of the home and
			 family that uses the criteria for certification or approval as specified in
			 this Part;
(2) a written evaluation
			 of the care provided children in the home and the working relationship of the
			 foster parents or relatives with the agency;
(3) a written statement from a physician
			 about the foster family's or relative family's health, if it has been two years
			 since the date of the last medical exam, conforming to the standards set forth
			 in this Part;
(4) an oral review of
			 the evaluation with the foster parent or relative foster parent before the
			 certificate or approval is renewed; and
(5) the completion of a State criminal
			 history record check(s) with the Division of Criminal Justice Services in
			 accordance with section
			 443.8 
			 of this Part, of the foster parent and each person over the age of 18 who is
			 currently residing in the foster home, where such foster parent, relative
			 foster parent or any other person residing in such home had not previously had
			 a criminal history record check completed and the completion of a national
			 criminal history record check in accordance with section
			 443.8 
			 of this Part for each person over the age of 18, other than the foster parent,
			 who entered the foster home after the preceding certification or approval or
			 reached the age of 18 during that period and who has not previously had a
			 national criminal history record check completed pursuant to 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 3 - Child-care Agencies › Part 443 - Certification, Approval and Supervision of Foster Family Boarding Homes › Section 443.11 - Nonrenewal or revocation of a certificate or letter of approval

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Agency
			 practice and procedure for nonrenewal or revocation of a foster home's
			 certificate or approval, or for involuntary decertification must include:
(1) advising the foster parents before the
			 expiration date of the certificate or letter of approval that the agency does
			 not plan to renew the certificate or approval;
(2) nonrenewal or revocation of a certified
			 or approved foster parent may be based upon such factors as failure to meet one
			 or more of the criteria for certification or approval set forth in this Part or
			 upon lack of need for a foster home with its particular
			 characteristics;
(3) the reasons
			 for nonrenewal or revocation must be specified in a letter postmarked at least
			 20 days before the expiration date or the decertification date of the
			 certificate or approval.
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 443.12 - Approval of certified or approved foster homes as providers of respite care and services

Current through Register Vol. 46, No. 28, July 10, 2024
Certified or approved foster homes may be approved as
			   respite care and services providers pursuant to the provisions of Part 435 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 3 - Child-care Agencies › Part 444 - Host Family Homes › Subpart A - Establishment of Host Family Homes › Section 444.1 - Establishment

Current through Register Vol. 46, No. 28, July 10, 2024
There is hereby established a host family home program
				to be approved and supervised by the New York State Office of Children and
				Family Services (OCFS). Such program shall be governed by the provisions 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 3 - Child-care Agencies › Part 444 - Host Family Homes › Subpart A - Establishment of Host Family Homes › Section 444.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Parent
means a birth parent, or an adoptive parent with legal custody
			   of the child who is considering entering into a designation of person in
			   parental relation. In the event that both parents are considering entering into
			   a designation of person in parental relation, the provisions of this part shall
			   apply to both of them.
(b)
Child receiving host family care
means a person under the age
			   of 18 who remains in the legal custody of their parent(s)/guardian and is not
			   in the care and custody or custody and guardianship of the commissioner of a
			   local department of social services, a voluntary authorized agency, including a
			   host family agency or OCFS. For purposes of this Part, the term "child" shall
			   also include children if there is more than one child to receive host family
			   home care.
(c)
Host family
			   home agency
, which for purposes of this Part shall be referred to as
Agency
, means an authorized agency, as defined in paragraph
			   (a) subdivision 10 of section 371  of the Social Services Law, which:
(i) has the specific corporate power or is
			   empowered by law to place out a child in a host family home for the purpose of
			   providing care, and
(ii) such care
			   is provided upon the approval and consent of the child's parent(s), and
(iii) such care is temporary based
			   on a duly executed designation of "person in parental relation" in accordance
			   with Title 15-A of Article 5 of the General Obligations Law. Such corporate
			   authority must be approved by OCFS as required by Social Services Law 460-a
			   before an agency may file with the New York State Department of State. A host
			   family home agency may also provide additional services to families, including,
			   but not necessarily limited to, arranging for parents and children to be cared
			   for together in a host family home, and services to assist a family in need of
			   day-to-day community-based support by peers.
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 444 - Host Family Homes › Subpart A - Establishment of Host Family Homes › Section 444.3 - Nondiscriminatory Treatment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
			   Agency providing a host family home program shall prohibit discrimination and
			   harassment against prospective host family home applicants, host family home
			   caregivers and the child or parents of a child seeking the services of or
			   served by the Agency on the basis of race, creed, color, national origin, age,
			   sex, sexual orientation, gender identity or expression, marital status,
			   religion or disability, and shall take reasonable steps to prevent such
			   discrimination or harassment by staff and volunteers, promptly investigate
			   incidents of discrimination and harassment, and take reasonable and appropriate
			   corrective or disciplinary action when such incidents occur.
(b) For the purposes of this section, the
			   term
gender identity or expression
means having or being
			   perceived as having a gender identity, self-image, appearance, behavior or
			   expression whether or not that gender identity, self-image, appearance,
			   behavior or expression is different from that traditionally associated with the
			   sex assigned to that person at birth.
Gender identity
refers
			   to a person's internal sense of self as male, female, no gender or another
			   gender, and
gender expression
refers to the manner in which a
			   person expresses his or her gender through clothing, appearance, behavior,
			   speech, or other means.
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 444 - Host Family Homes › Subpart B - Rights of Parents and Required Information › Section 444.4 - Information to the Parent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When a
			   parent requests the assistance of an Agency to identify an approved host family
			   home to care for the parent with their child or for the parent's child the
			   Agency must offer the parent possible care options comprised of approved host
			   family homes, to the extent possible, located in the community in which the
			   parent and child currently reside.
(b) When identifying a potential host family
			   home, the Agency must consider the proximity of the host family home to the
			   parents of the child in order that the parent/child visitation plan may be
			   carried out if the child is cared for in the home without the parent.
(c) When identifying a potential initial or
			   any subsequent host family home for a child, the Agency should take into
			   consideration the child's existing educational setting and the proximity of
			   such setting to the potential host family home.
(d) The Agency must provide the parent with
			   the following information regarding any host family home under consideration by
			   the parent for the care of the parent's child pursuant to an execution of a
			   person in parental designation form to enable the parent to make an informed
			   decision whether to agree to the care of the child by the host family home
			   identified by the Agency:
(1) location and
			   physical description of the host family home;
(2) family composition of the host family
			   home;
(3) education and child care
			   experience of the host family home caregivers; and
(4) approval history of the host family
			   home.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 3 - Child-care Agencies › Part 444 - Host Family Homes › Subpart C - Care and Rights of Children › Section 444.6 - Abuse and maltreatment of children

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any abuse or maltreatment of children in
			   a host family home is absolutely prohibited.
(b) Whenever staff of an Agency have
			   reasonable cause to suspect that a child cared for in a host family home is an
			   abused or maltreated child, such staff must immediately make a report to the
			   Statewide Central Register of Child Abuse and Maltreatment.
(c) Any persons 18 years of age or older
			   residing in a home with a child receiving host family home care who has
			   responsibility for the child's care can be the subject of a report to the
			   Statewide Central Register of Child Abuse or Maltreatment if the conduct of
			   such person causes or contributes to the abuse or maltreatment of a
			   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 3 - Child-care Agencies › Part 444 - Host Family Homes › Subpart C - Care and Rights of Children › Section 444.7 - Rights of Children

Current through Register Vol. 46, No. 28, July 10, 2024
Children cared for in a host family home must be
				afforded, at minimum, the following rights:
(a) Every child has the right to enjoy
			   freedom of thought, conscience, cultural and ethnic practice, and
			   religion.
(b) Every child has the
			   right to receive adequate and appropriate food, clothing, and
			   housing.
(c) Every child has the
			   right to live in clean, safe surroundings.
(d) Every child has the right to participate
			   in an educational program in accordance with existing law.
(e) Every child has the right to communicate
			   with others outside the host family home, including but not limited to a
			   parent, physician, attorney, or therapist the child may have.
(f)
Mail/Email
(1) A child cared for in a host family home
			   has an unrestricted right to send or receive mail/email without prior
			   censorship or prior reading.
(2)
			   Nothing contained in paragraphs (1) or (2) of this subdivision shall be
			   construed to permit a child's use of mail/email for fraudulent, illegal, or
			   illicit purposes.
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 444 - Host Family Homes › Subpart C - Care and Rights of Children › Section 444.8 - Discipline of Children

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			   Deprivation of meals, snacks, mail, or visits by the child's family, as methods
			   of discipline are prohibited.
(b)
			   Room isolation, as a method of discipline, is prohibited.
(c) Corporal punishment is
			   prohibited.
(d) Solitary
			   confinement is prohibited.
(e)
			   Discipline shall be prescribed, administered, and supervised only by adults.
			   Such responsibilities shall never be delegated to children.
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 444 - Host Family Homes › Subpart D - Administration of Host Family Home Program › Section 444.9 - Administration of the Host Family Home Program

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each Agency must maintain information on
			   availability of an array of community-based services that may be available to
			   assist families in crisis, and such organization may provide such
			   services.
(b) Each Agency must
			   maintain and keep current and available a manual or manuals that clearly state
			   the policies of such Agency with respect to the program it operates.
(c) Each Agency must provide training to host
			   families to prepare them to care for a child and maintain a meaningful
			   relationship with the child's parent. Training shall include, but not be
			   limited to, the legal rights of parent and child, cultural sensitivity,
			   implicit bias and how to provide trauma informed care.
(d) The Agency must establish a procedure to
			   review and evaluate the backgrounds of and information supplied by applicants
			   for professional, paraprofessional, and volunteer positions with the Agency who
			   have the potential for regular and substantial contact with children served by
			   the Agency.
(e) Such procedure must
			   require that each applicant for a professional, paraprofessional or volunteer
			   position submit a sworn statement indicating whether, to the best of the
			   applicant's knowledge, the applicant has ever been convicted of a crime in New
			   York or in any other jurisdiction.
(f) Such procedure must require each
			   applicant for an employment position with the Agency as authorized by section 378-a  of the Social Services Law, to
			   obtain criminal history background checks for prospective employees who will
			   have the potential for substantial, unsupervised or unrestricted physical
			   contact with children.
(1) If an applicant
			   has been convicted of a crime, the Agency must determine, in accordance with
			   any guidelines or regulations issued by OCFS, whether to hire or use the person
			   as an employee.
(2) If the Agency
			   determines that it will hire or use the person, the Agency must maintain a
			   written record, as part of the application file for employment or other
			   personnel record of such person, of the reason(s) why such person was
			   determined to be appropriate and acceptable as an employee.
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 444 - Host Family Homes › Subpart D - Administration of Host Family Home Program › Section 444.10 - Oversight and Monitoring by OCFS

Current through Register Vol. 46, No. 28, July 10, 2024
(a) OCFS shall oversee the host family home
			   program as established by this Part.
(b) OCFS shall require corrective action
			   where appropriate by any Agency operating a host family home program.
(c) OCFS is will take enforcement action for
			   non-compliance with the provisions of this Part, including, but not limited to,
			   revoking the approval for an Agency for violation of any of the provisions of
			   this Part or the policies of OCFS for such programs. Host family home agencies
			   shall provide OCFS with information, documents, and access to homes and
			   programs, as requested, in the time and manner as requested 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 3 - Child-care Agencies › Part 444 - Host Family Homes › Subpart D - Administration of Host Family Home Program › Section 444.11 - Duties and Responsibilities of Host Family Home Agencies

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Agency must have policies and
			   procedures in place to adequately provide that parents who seek to place their
			   children in a host family home on a temporary basis are making an informed
			   decision, including that parents are informed that they have legal rights, are
			   not acting as a result of coercion, and are not incapacitated. Such policies
			   and procedures shall include, but not be limited to:
(1) Providing information to such parent as
			   required pursuant to section 444.4  of this part
(2) Providing information to such parent on
			   where such parent may obtain free or low-cost legal representation;
(3) Information on available preventive
			   services or other services within the community that may assist the
			   parent
(4) Verifying that the
			   parent is not seeking to execute a designation of "person in parental relation"
			   as a result of coercion;
(5) Inform
			   them of their legal rights in executing a "person in parental relation" form,
			   including but not limited to the parent's ability to revoke the form at any
			   time during the authorization period;
(6) That the parent is informed that they
			   maintain legal custody of their child; and
(7) That the parent is informed on how to
			   contact their child while their child remains in a host family home.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 3 - Child-care Agencies › Part 444 - Host Family Homes › Subpart D - Administration of Host Family Home Program › Section 444.12 - Conditions for Approval of the Host Family Home Agency

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An Agency may not operate a host family
			   home program unless and until it receives the written approval of
			   OCFS.
(b) An authorized agency
			   desiring to operate a host family home program must apply to OCFS for
			   authorization in a manner as required by OCFS, including, but not limited to,
			   the provisions of Part 482 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 3 - Child-care Agencies › Part 444 - Host Family Homes › Subpart D - Administration of Host Family Home Program › Section 444.14 - Information Provided to Host Family Home and Decision to Accept a Child

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Before any
			   child enters a host family home, the Agency must provide the host family home
			   with appropriate knowledge and skills to provide for the needs of the child.
			   Such training must be continued, as needed, after the child is being cared for
			   in the host family home.
(b) In
			   order that the host family home make an informed decision to undertake the
			   temporary care of a child, after the parent has identified a host family home
			   the parent deem suitable, the Agency shall provide the host family home with
			   the following information:
(1) estimated
			   length of time child(ren) or family may need to be cared for in the host family
			   home and the assumption and knowledge on which the estimate is based;
(2) overall health of children or adults to
			   reside in the host family home including any ongoing condition that require
			   treatment or ongoing services;
(3)
			   the child's school and educational experiences;
(4) the relationship of the child and the
			   child's parent; and
(5) plans for
			   visitation of and by the child's family, including probable location of such
			   visits if the parent is not residing within the host family home.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 3 - Child-care Agencies › Part 444 - Host Family Homes › Subpart D - Administration of Host Family Home Program › Section 444.15 - Home Study

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Prior to a
			   host family home receiving a child for care, a home study must be completed,
			   and the home must be approved as a host family home.
(b) A home study and evaluation of the
			   members of household must determine compliance with all of the following
			   criteria for approval:
(1)
Age
. Each applicant must be over the age of 21.
(2)
Health
. Each member of
			   the applicant's household must be in good physical and mental health and free
			   from communicable diseases. However, physical handicaps or illness of
			   applicants or members of their household must be a consideration only as they
			   affect the ability to provide adequate care to a child receiving host family
			   care or may affect an individual child's adjustment to the family. Applications
			   must be evaluated on an individual basis with assistance of a medical
			   consultant, when appropriate.
(3)
Employment.
Employment of an approved host family home
			   caregiver outside the home must be permitted when there are suitable plans for
			   the care and supervision of the child at all times, including after school and
			   during the summer. Such plans must be made part of the host family home
			   application record and must be received prior to approval by the Agency. Such
			   plans must be updated annually and immediately upon substantial change in
			   employment circumstances.
(4)
Character
. As set forth above, each applicant for approval
			   must provide the Agency with the names of three persons who may be contacted
			   for references. The Agency must seek signed statements from these persons
			   attesting to the applicant's moral character, mature judgment, ability to
			   manage financial resources, and capacity for developing a meaningful
			   relationship with children, or utilize in-person interviews attesting to the
			   same.
(5)
Ability and
			   motivation
. The Agency must explore each applicant's understanding of
			   the role of a host family home and the applicant's ability, motivation, and
			   psychological readiness to be a host family home. The Agency also must explore
			   the understanding of the other members of the household about being a host
			   family home and their concept of the role within the family of the child
			   receiving host family 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 3 - Child-care Agencies › Part 444 - Host Family Homes › Subpart D - Administration of Host Family Home Program › Section 444.17 - Supervision of Host Family Homes

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Supervision of children cared for in the
			   host family home by the Agency must be maintained through the provision of
			   contacts and conferences as set forth in this section.
(b) The Agency must conduct contacts with the
			   child and the host family home and conferences with the host family home as
			   follows:
(1) There must be an initial contact
			   with a child(ren) in the host family home within 48 hours of the child(ren)
			   entering the host family home. The initial contact within 48 hours must take
			   place in the host family home. The focus of the initial contact with the child
			   must include the safety of the child and determining the child's reaction to
			   separation from the child's parent(s) and the child's adjustment to care in the
			   host family home.
(2) Thereafter,
			   the Agency must have contacts with the child and host family home at least
			   every 30 days, and more frequently as necessary, as long as the child remains
			   in the host family home under the designation of "person in parental relation"
			   between the child's parent or parents and the host family home. At least two of
			   the monthly contacts every 90 days must be at the child's host family home. The
			   child should be spoken to by the Agency separate and apart from the host family
			   home provider.
(3) The Agency must
			   arrange for conferences with the host family home regarding acute problems,
			   emergencies, or crisis situations whenever necessary.
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 444 - Host Family Homes › Subpart D - Administration of Host Family Home Program › Section 444.18 - Revocation of Approval of Host Family Homes

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Agency practice and procedure for
			   revocation of the approval of a host family home must include:
(1) Revocation of an approved host family
			   home may be based upon such factors as failure to meet one or more of the
			   criteria for approval or upon the health or safety of the child cared for in
			   the host family home or failure to immediately honor the request of a parent to
			   revoke the "person in parental relation" designation form; and
(2) The reason(s) for revocation must be
			   specified in a letter from the Agency to the host family home postmarked at
			   least 20 days prior to revocation.
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 444 - Host Family Homes › Subpart D - Administration of Host Family Home Program › Section 444.19 - Exceptions

Current through Register Vol. 46, No. 28, July 10, 2024
Exceptions to the provisions of this Part, other than
				statutory requirements, may be approved by OCFS if requested by the Agency in
				writing and upon determination by OCFS that such exception is (a) in the best
				interests of the child, (b) is consistent with the health, safety and welfare
				of the child, and (c) the child's parent have provided written consent if able
				and applicable.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 3 - Child-care Agencies › Part 445 - School Notifications › Section 445.1 - School district notification of a foster child placed in a foster boarding home, agency boarding home or group home

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Whenever a child in foster family care or
			 an agency boarding home or group home who is a public charge on a social
			 services district is admitted to the schools of a school district in which the
			 foster family home, agency boarding home or group home is located, whether upon
			 initial enrollment in school or upon the subsequent removal of such child to
			 another school district, the local social services commissioner or any
			 voluntary authorized agency acting on his behalf in boarding out such child,
			 shall transmit to the superintendent or equivalent school officer of the school
			 district within 10 days of admission, the following information in writing:
(1) the name of such child;
(2) the names and address of the foster
			 parents or, where applicable, the name of the child-care agency and the address
			 of the agency boarding home or group home;
(3) the name and location of the school
			 district in which such child resided at the time he became a public charge in
			 foster care;
(4) the name and
			 location of the school last attended by such child prior to his current
			 admission; and
(5) the name and
			 location of the local social services commissioner caring for such child, and
			 the name and location of any voluntary authorized agency acting on his
			 behalf.
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 445 - School Notifications › Section 445.2 - Confidentiality

Current through Register Vol. 46, No. 28, July 10, 2024
The information obtained by a school district pursuant to
			   this Part shall be deemed privileged and confidential, shall be used only for
			   the limited purpose of properly establishing the responsibility of a school
			   district for the cost of instruction and tuition of a child who is a public
			   charge in foster care pursuant to section 3202  of Education Law, and shall not be
			   disclosed by the school district or any employee thereof for any other purpose.
			   The school district shall undertake to safeguard the confidentiality of such
			   information as may be required by the department or the Education
			   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 3 - Child-care Agencies › Part 446 - Designated Emergency Foster Family Boarding Home Care › Section 446.1 - Scope

Current through Register Vol. 46, No. 28, July 10, 2024
This Part adds standards for the establishment and
			   operation of designated emergency foster family boarding homes. Such homes
			   would be exclusively designated to provide temporary care to children who enter
			   foster care in a crisis situation which is expected to be resolved within 60
			   days. The regulations contain provisions concerning eligibility for designated
			   emergency foster family boarding home care, reimbursement for designated
			   emergency foster family boarding home care, the required training of foster
			   parents who provide designated emergency foster care services and the services
			   to be provided to children receiving care in designated emergency foster family
			   boarding homes.
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 446 - Designated Emergency Foster Family Boarding Home Care › Section 446.2 - Definition

Current through Register Vol. 46, No. 28, July 10, 2024
Designated emergency foster family boarding home care
			   means care provided in a home certified pursuant to Part 443 of this Title and
			   designated by an authorized agency exclusively for emergency use by children
			   determined eligible under section
			   446.6(d) 
			   of this Part. The purpose of such designation is to provide temporary care and
			   services to children who enter foster care in a crisis situation which is
			   expected to be resolved within 60 days so that the children can be reunited
			   with their family. A designated emergency foster family boarding home may also
			   be approved as an approved respite care and services provider as defined in
			   section
			   435.2(b) 
			   of this Title.