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 421 - Standards of Practice for Adoption Services › Section 421.13 - Application acceptance

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 Authorized agencies operating an adoption program shall accept for adoption
			 study, all persons who have completed applications on a priority basis, as
			 follows:
(1) On or about April 1st of each
			 year the department will determine the age, race, handicap and other
			 significant characteristics of the largest proportion of waiting children.
			 Applicants seeking children having these characteristics, foster parents
			 seeking to adopt a child who has resided in their home 12 continuous months and
			 Indians seeking to adopt Indian children shall receive first priority for
			 adoption studies.
(2) Second
			 priority shall be given other applicants seeking to adopt photo-listed children
			 who do not have the characteristics of the largest proportion of waiting
			 children as determined by the department, or children currently available for
			 adoption in the care of the agency to which application was made for whom there
			 is not a waiting list of approved families.
(3) Third priority shall be given all other
			 applicants,
i.e.,
those expressing an interest in adopting
			 children such as healthy young children who are not photo-listed, if such
			 children are not immediately available for adoption in the care of the agency
			 where the application was made.
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 421 - Standards of Practice for Adoption Services › Section 421.14 - Waiting lists

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 Authorized agencies operating an adoption program shall maintain separate lists
			 of first, second and third priority applicants waiting for adoption
			 study.
(b) Each such waiting list
			 shall contain the name of each such applicant, the date the completed
			 application was received by the agency and the characteristics of the child the
			 applicant seeks to adopt. Authorized agencies shall:
(1) offer first priority applicants an
			 adoption study to start within 30 days of receipt of a completed application
			 and be completed within six months of receipt of the completed
			 application;
(2) offer second
			 priority applicants an adoption study to be completed within six months of
			 receipt of completed application; and
(3) give priority to first priority
			 applicants in the initiation of adoption studies, the assignment of staff, the
			 scheduling of individual and group appointments, and of conferences to review
			 studies and make decisions.
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 421 - Standards of Practice for Adoption Services › Section 421.16 - Adoption study criteria

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
			 adoption study shall explore the following characteristics of applicants:
(1) capacity to give and receive
			 affection;
(2) ability to provide
			 for a child's physical and emotional needs;
(3) ability to accept the intrinsic worth of
			 a child, to respect and share his past, to understand the meaning of separation
			 he has experienced, and to have realistic expectations and goals;
(4) flexibility and ability to
			 change;
(5) ability to cope with
			 problems, stress and frustration;
(6) feelings about parenting an adopted child
			 and the ability to make a commitment to a child placed in the home;
			 and
(7) ability to use community
			 resources to strengthen and enrich 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 421 - Standards of Practice for Adoption Services › Section 421.17 - Finding a child

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 Authorized agencies shall:
(1) have available
			 at least one current set of
New York State's Waiting Children
in every facility where adoptive inquirers or applicants are served;
(2) keep such books up-to-date;
(3) show these books to all adoption
			 inquirers and applicants at orientation meetings and subsequent contacts;
			 and
(4) make these books available
			 to inquirers and applicants at all times during regular business
			 hours.
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 421 - Standards of Practice for Adoption Services › Section 421.18 - Special provisions for adoptive placement

Current through Register Vol. 46, No. 28, July 10, 2024
Each authorized agency shall:
(a) Prior to placement of a child for
			 adoption, inform prospective adoptive parents of the procedures necessary for
			 finalizing an adoption in accordance with section
			 421.19(i)(5) 
			 of this Part.
(b)
(1) At the time prospective adoptive parents
			 indicate a desire to adopt a particular child, inform such parents if the child
			 has minor siblings or half-siblings, and, if so, whether the minor siblings or
			 half-siblings are free for adoption. Such parents must be asked if they would
			 also be willing to adopt the child's minor siblings or half-siblings who are
			 free for adoption.
(2) Discuss with
			 the adoptive parents their willingness to facilitate contact between the
			 adopted child and any siblings or half-siblings of such child, and inform the
			 adoptive parents of the availability of services, if any, to assist in
			 establishing and maintaining sibling contact.
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 421 - Standards of Practice for Adoption Services › Section 421.19 - Foster parents

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 Authorized agencies must:
(1) inform foster
			 parents that a child in their care who is free or to be freed for adoption and
			 inform foster parents who have not completed an application to become adoptive
			 parents of the procedure for applying to adopt the child;
(2) inform foster parents if the child in
			 their care who is free for adoption has minor siblings or half-siblings who are
			 also free for adoption;
(3) inform
			 foster parents that children in a sibling group must be placed together in a
			 prospective adoptive home unless a documented assessment in accordance with
			 section
			 421.18(d) 
			 of this Part determines that such placement would be contrary to the health,
			 safety or welfare of one or more of the children; and
(4) conduct group and/or individual meetings
			 with foster parents to review the legal difference between foster care and
			 adoption and the availability of adoption subsidies.
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 421 - Standards of Practice for Adoption Services › Section 421.20 - Records and reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 Adoption service shall include documentation of all services provided in a case
			 record, including but not limited to reports of inquiries, applications, and
			 all subsequent contacts.
(b) When a
			 social services district provides adoption services directly, it shall maintain
			 records and submit reports as required by the department, and such records
			 shall be in whatever form required by the department. Such records shall be
			 available at all reasonable times for inspection by representatives of the
			 department, and photocopies of such records shall be for warded to the
			 department upon request.
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 421 - Standards of Practice for Adoption Services › Section 421.21 - Reimbursement for adoption expenditures

Current through Register Vol. 46, No. 28, July 10, 2024
Expenditures made by a social services district for
			   adoption services and their administration will be subject to reimbursement in
			   accordance with the provisions of section 153-i  of the Social Services
			   Law:
(a) the amount of Federal funds,
			 if any, properly received or to be received on account of such expenditures;
			 and
(b) subject to the availability
			 of State funds, 75 percent of its expenditures for adoption services and their
			 administration, after first deducting therefrom any Federal funds received or
			 to be received on account thereof, and any expenditures defrayed by private
			 contributions.
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 421 - Standards of Practice for Adoption Services › Section 421.22 - Apportioning reimbursement

Current through Register Vol. 46, No. 28, July 10, 2024
Where more than one authorized agency provides services
			   needed to achieve the adoptive placement of a registered child, the cost
			   thereof shall be apportioned as follows:
(a) Each local social services district shall
			 bear the cost of services provided directly, whether to a child or family, and
			 whether the services result in an adoption or not; and
(b) Adoption services provided by voluntary
			 authorized agencies shall be charged to the district bearing financial
			 responsibility for the child who is adopted as follows:
(1) the cost of evaluating the child's
			 placement needs and preparing the child for adoption shall be charged to the
			 district bearing financial responsibility for that child;
(2) the cost of recruiting, evaluating and
			 training prospective adoptive parents shall be charged to the district bearing
			 financial responsibility for the child who is adopted by these
			 parents;
(3) the cost of placement
			 planning, supervision and post-adoption services shall be charged to the
			 district bearing financial responsibility for the child who is adopted;
			 and
(4) the cost of services which
			 do not result in adoption, including recruitment, home study and training
			 services to prospective parents, as well as of placement planning and
			 supervision, shall be charged to the districts in the same proportion as the
			 cost of such services which do result in 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 421 - Standards of Practice for Adoption Services › Section 421.23 - Claiming

Current through Register Vol. 46, No. 28, July 10, 2024
Claims should be processed in the normal
			   manner.
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 421 - Standards of Practice for Adoption Services › Section 421.25 - Agency staff review and evaluation

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) Staff members must be qualified by
			 training and experience to carry out their respective functions in the
			 administration and operation of the agency and in the provision of adoption
			 services for children and families. Consistent with any appropriate bargaining
			 agreement(s) and, where applicable, provisions of the Civil Service Law, an
			 authorized agency operating an adoption program must establish a procedure to
			 review and evaluate the backgrounds of and information supplied by applicants
			 for employee or volunteer positions. As part of this procedure, the agency must
			 require such applicants to submit all of the following information:
(i) a statement or summary of each
			 applicant's employment history, including but not limited to any relevant
			 child-caring experience;
(ii) the
			 names, addresses and, where available, telephone numbers of references who can
			 verify the applicant's employment history, work record and
			 qualifications;
(iii) the names,
			 addresses and telephone numbers of at least three personal references, other
			 than relatives, who can attest to the applicant's character, habits, reputation
			 and personal qualifications; and
(iv) a sworn statement by the applicant
			 indicating whether, to the best of the applicant's knowledge, the applicant has
			 ever been convicted of a crime in New York State or any other
			 jurisdiction.
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 421 - Standards of Practice for Adoption Services › Section 421.26 - Adoptive placements across State and county jurisdictions

Current through Register Vol. 46, No. 28, July 10, 2024
An authorized agency may not delay or deny the placement
			   of a child freed for adoption with otherwise suitable approved adoptive parents
			   on the basis that the approved adoptive parents reside in a state or county
			   different from that of the authorized agency with custody and guardianship 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 422 - Parental Support of Children Receiving Foster Care › Section 422.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For purposes of this Part:
(a) A
parent
means an
			 individual who is the biological parent, stepparent or adoptive parent of a
			 child whose guardianship and custody or care and custody have been transferred
			 by the parent to an authorized agency, as that term is defined by section
			 371.10 of the Social Services Law, pursuant to section 384 or
			 384-a  of the Social Services Law or
			 article 3, 7, 10, 10-B or 10-C of the Family Court Act. Such person is deemed a
			 parent for purposes of this Part, until parental rights have been surrendered
			 pursuant to section 383-c or
			 384  of the Social Services Law or terminated
			 pursuant to section 384-b of such law and the child is subsequently
			 adopted.
(b) A
child
means a person who meets all of the following criteria:
(1) Age.
(i) the child is under the age of 18 years;
			 or
(ii) is between the ages of 18
			 and 21 years and entered foster care before his or her 18th birthday, and has
			 consented to remain in foster care past his or her 18th birthday; and
(a) is a student attending a college, school
			 or university; or
(b) is regularly
			 attending a course of vocational or technical training designed to fit him or
			 her for gainful employment; or
(c)
			 lacks the skills or ability to live independently.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 2 - Family and Children's Services › Part 422 - Parental Support of Children Receiving Foster Care › Section 422.2 - Establishment of responsibility

Current through Register Vol. 46, No. 28, July 10, 2024
At the time of application for foster care, or as soon as
			   practicable thereafter, the appropriate social services official must determine
			   the appropriateness of making a referral to the child support enforcement unit
			   of the social services district. The assessment of appropriateness for such
			   referral must be made separately for and must distinguish between the former
			   custodial parent and the non-custodial parent. Such determination must be made
			   in accordance with the criteria set forth in section
			   422.4(b) 
			   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 422 - Parental Support of Children Receiving Foster Care › Section 422.3 - Child support enforcement requirements

Current through Register Vol. 46, No. 28, July 10, 2024
Upon receipt of a referral, the child support enforcement
			   unit of the social services district will determine which actions are necessary
			   to secure child support, including establishing paternity, if necessary. Where
			   no support order exists, the child support enforcement unit of the social
			   services district will petition the court for an order of support pursuant to
			   the child support standards as set forth in section 240  of the Domestic Relations Law and
			   section 413  of the Family Court Act. Where the basic child support obligation
			   as determined in accordance with the child support standards exceeds the costs
			   of care as set forth in section
			   422.5(d)(3)(i)-(iii) 
			   of this Part, the child support enforcement unit of the social services
			   district may advise the court that the basic child support obligation is unjust
			   or inappropriate and that the amount of support ordered to be paid should not
			   exceed the actual costs of foster care plus any costs attributable to the costs
			   of medical assistance paid on behalf 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 422 - Parental Support of Children Receiving Foster Care › Section 422.4 - Referral prohibitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Social
			 services districts are prohibited from making referrals of approved
			 applications for foster care maintenance payments to the child support
			 enforcement unit of the social services district under the following
			 circumstances:
(1) if the appropriate social
			 services official determines that such referral will adversely affect the
			 health, safety or welfare of the child on whose behalf such payments are to be
			 made or other persons in the child's household or will adversely affect the
			 length of the child's placement or impair the ability of the child to return
			 home when discharged from foster care;
(2) when a surrender of a child born
			 out-of-wedlock has been accepted by the appropriate social services official
			 from the mother or father of such child, the parent surrendering the child must
			 not be referred to the child support enforcement unit of the social services
			 district; and
(3) in the case of a
			 non-adopting spouse, when a non-adopting spouse is living separate and apart
			 from an adopting spouse pursuant to a written agreement of separation or when a
			 non-adopting spouse has been living separate and apart from an adopting spouse
			 for at least three years prior to the adopting spouse's commencing an adoption
			 proceeding.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 2 - Family and Children's Services › Part 422 - Parental Support of Children Receiving Foster Care › Section 422.6 to 422.11

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 423 - Preventive Services Regulations › Section 423.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Part shall apply to preventive services as defined
			   herein.
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 423 - Preventive Services Regulations › Section 423.3 - Client eligibility criteria for preventive services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The eligibility criteria for mandated
			 preventive services shall be as defined in section
			 430.9 
			 of this Title, appropriate provision of mandated preventive services.
(b) Non-mandated preventive services may be
			 provided by a social services district to children and their families when such
			 services are not provided pursuant to subdivision (a) of this section and the
			 child is at risk of foster care or returning to foster care or is in foster
			 care and preventive services would enable the child to be returned home sooner,
			 except that intensive, home-based, family preservation services, as defined in
			 section
			 423.2(b)(17) 
			 of this Part, or respite care and services for families, as described in Part
			 435 of this Title, may not be provided as non-mandated preventive
			 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 423 - Preventive Services Regulations › Section 423.6 - Records and reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
			 written manual of program policies and procedures shall be maintained by each
			 approved agency.
(b) Each approved
			 preventive services agency must comply with Part 428 and sections
			 430.8  -430.13,
			 431.15 and 441.21 of this Title.
(c) All children and their families receiving
			 preventive services must be entered onto the child care review service.
			 Furthermore, an accurate and timely record of actions taken on behalf of these
			 children and families must be maintained on such service. Preventive services
			 provided to children and their families who are not entered into the child care
			 review service will not be reimbursed by the department. Each preventive
			 services agency must conform to all applicable requirements of the child care
			 review service set forth in section 440 through
			 445  of the Social Services Law.
(d) Each approved preventive services agency
			 shall furnish all information, statistics, records and reports relating to its
			 operation to the department in such form and at such time as the department may
			 determine 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 2 - Family and Children's Services › Part 423 - Preventive Services Regulations › Section 423.7 - Confidentiality

Current through Register Vol. 46, No. 28, July 10, 2024
(a) At the time of
			 application for mandated or nonmandated preventive services, before individual
			 identifiable information is collected and recorded, the local social services
			 district or other authorized agency providing services shall notify the
			 applicant for preventive services in writing of:
(1) the funding of preventive services
			 through public revenues;
(2) the
			 applicable statutes and regulations regarding the collection and disclosure of
			 individual identifiable preventive services records; and
(3) the service provider's procedures and
			 practices in regard to record maintenance and access to client specific
			 records.
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 424 - Adoptive Parent Registry › Section 424.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Adoptive parent
			 registry means the register established by the department which contains
			 information concerning persons who wish to adopt handicapped or hard-to-place
			 children.
(b) Agency with care of a
			 child means an authorized agency to which has been transferred the guardianship
			 and custody, or care and custody, of a handicapped or hard-to-place child, and
			 which is making inquiry of the adoptive parent registry for the purpose of
			 locating an adoptive home for such child.
(c) Handicapped child means a child as
			 defined in section
			 421.24(a)(2) 
			 of this Title.
(d) Hard-to-place
			 child means a child as defined in section
			 421.24(a)(3) 
			 of this Title.
(e) Registering
			 agency means a public or voluntary adoption agency which has accepted an
			 application to adopt from a person interested in adopting a handicapped or
			 hard-to-place 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 424 - Adoptive Parent Registry › Section 424.2 - Registration requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every
			 person who applies to adopt a handicapped or hard-to-place child shall have
			 his/her name, address and additional pertinent information contained in a
			 departmentally approved application form entered into the adoptive parent
			 registry at the time that the signed application form is submitted to the
			 registering agency.
(1) The information on
			 the applicant shall be entered directly by a registering agency, having
			 terminal access to the computer system operated by the department, at the time
			 that a signed application is submitted.
(2) Registering agencies without terminal
			 access to the computer system operated by the department shall immediately send
			 a copy of the adoption application to the department, which will enter the
			 necessary information into the registry. The necessary information derived from
			 the adoption application may alternatively be entered into the registry at a
			 social services district, or another voluntary agency with terminal access to
			 the computer system operated by the department, when written formal
			 arrangements have been agreed upon to facilitate such data input.
(3) Registering agencies which do not have
			 terminal access to the computer system operated by the department shall not be
			 charged any fees by a social services district or another voluntary agency for
			 entering information into the adoption information registry through such
			 district's or agency's computer system.
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 424 - Adoptive Parent Registry › Section 424.3 - Updating registry information

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When the adoption study is completed, the
			 registering agency shall either update the registry to indicate that the study
			 has resulted in the applicant being approved, or shall remove the applicant's
			 name from the registry if the applicant was rejected or the adoption study was
			 discontinued.
(b) As soon as a
			 registering agency becomes aware that the circumstances or preferences of an
			 applicant have changed and information contained in the registry is inaccurate,
			 the agency shall provide the registry with corrected information.
(c) At least once every year, the registering
			 agency shall initiate contact with an approved applicant to ensure that the
			 information contained in the registry is accurate and that the applicant still
			 is interested in adopting a handicapped or hard-to-place child.
(d) The registering agency shall remove an
			 applicant from the registry when an adoptive placement is made in the
			 applicant's home.
(e) Information
			 entered into the registry under this section shall be entered directly by
			 agencies with terminal access to the computer system operated by the department
			 utilizing a turnaround data input form developed by the department.
			 Alternatively updated information may be entered at a social services district,
			 or another voluntary agency with terminal access to the computer system
			 operated by the department, when written formal arrangements have been agreed
			 upon to facilitate such data input.
(f) Registering agencies which do not have
			 terminal access to the computer system operated by the department shall not be
			 charged any fees by a social services district or another voluntary agency for
			 entering information into the adoption information registry through such
			 district's or agency's computer system.
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 424 - Adoptive Parent Registry › Section 424.4 - Inquiry-finding a parent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If an
			 adoptive home has not been found for a handicapped or hard-to-place child
			 within three months of the date on which such child was freed for adoption, the
			 agency with responsibility for the care of the child shall make inquiry with
			 the registry to identify prospective homes for such child, and shall continue
			 to make inquiry at a minimum of once every three months until such time as the
			 child is placed in an adoptive home.
(b) An agency having care of a handicapped or
			 hard-to-place child may, at any time, inquire of the registry for a prospective
			 adoptive home for a child in its custody, regardless of the child's legal
			 status.
(c)
(1) Agencies with terminal access to the
			 computer system operated by the department shall make an inquiry directly to
			 the registry. Agencies without terminal access to the computer system operated
			 by the department shall make an inquiry to the department, unless an inquiry
			 can be facilitated at the local social services district office or another
			 voluntary agency with terminal access to such system, when formal written
			 arrangements have been agreed upon to facilitate data retrieval.
(2) Registering agencies which do not have
			 terminal access to the computer system operated by the department shall not be
			 charged any fees by a social services district or another voluntary agency for
			 making inquiries to the department through such district's or agency's computer
			 system.
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 425 - Day Services › Section 425.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Day services
			 shall mean a program offering a combination of services, including at least
			 social services, psychiatric, psychological, educational and/or vocational
			 services and health supervision, and also including, as appropriate,
			 recreational and transportation services, for at least 3 but less than 24 hours
			 a day, and at least four days per week, excluding holidays. If it can be
			 demonstrated that one or more of these services are not needed by the
			 population served, that service may be waived.
(b) Child shall mean a person under the age
			 of 18, except that day services may be continued after the 18th birthday of a
			 child, up to age 21, who has been placed in a day services program by a local
			 social services official prior to age 18.
(c) Family shall mean the parent, stepparent,
			 siblings or foster parents, or caretaker, of a child receiving day
			 services.
(d) Operating permit
			 shall mean authorization from the State Department of Social Services to a
			 facility to conduct a day services program.
(e) Provisional permit shall mean a document
			 which may be issued by the department to a day services facility, pending the
			 issuance of an operative permit, authorizing the facility to operate a day
			 services program when it has been determined that the program is in substantial
			 compliance with all of the requirements for receiving an operating permit and
			 that the health and safety of children are not in jeopardy.
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 425 - Day Services › Section 425.2 - Provision of day services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
			 local social services official or the Division for Youth shall contract for a
			 day services program unless the facility has first received an operating or
			 provisional permit issued by the department.
(b) A local social services official may
			 provide or purchase day services for a child and his family when it has been
			 determined by the social services official that such services would accomplish
			 one or more of the following objectives:
(1)
			 avert a risk of serious impairment or disruption of a family unit which would
			 result in the placement of a child outside his home;
(2) enable a child who has been placed in a
			 child-caring institution or other group facility to be placed in a foster care
			 setting more closely oriented to the community or family life; or
(3) enable a child who has been placed in
			 foster care to return to his family at an earlier time than would otherwise be
			 possible.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 2 - Family and Children's Services › Part 425 - Day Services › Section 425.3 - Qualifications for receiving operating permit

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An operating permit may be issued by the
			 department to:
(1) a local social services
			 district which establishes a day services program;
(2) a nonprofit corporation or association;
			 or
(3) a private proprietary
			 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 2 - Family and Children's Services › Part 425 - Day Services › Section 425.4 - Issuance, suspension or revocation of permits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An application for a permit to operate a
			 day services program must be made to the department in the manner prescribed in
			 this Part and on forms furnished by the department.
(1) Upon request, the department must furnish
			 to such applicant information, application forms, and a list of required
			 documentation necessary to complete an application for a permit.
(2) Within 30 days of the receipt of the
			 application and required documentation, written notice of any omissions or
			 deficiencies in the application or documentation must be given by the
			 department to the applicant.
(3) An
			 investigation to determine the applicant's compliance with department
			 regulations must be conducted by the department, and must be completed within
			 60 days after the receipt of the application and all supporting
			 documentation.
(4) A notice of
			 approval or denial of the application must be issued by the department within
			 15 days after the completion of the investigation and, if the application is
			 approved, the permit must be issued to the applicant.
(5) If the application is denied, the
			 department must give written notice of the denial to the applicant, informing
			 him or her of the reasons therefor and the applicant's right to request a
			 hearing before 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 425 - Day Services › Section 425.5 - Eligibility for day services

Current through Register Vol. 46, No. 28, July 10, 2024
State reimbursement may be provided for day services
			   provided or purchased by local social services officials for the following
			   individuals:
(a)
(1) persons who meet eligibility requirements
			 under section
			 404.5  of
			 this Chapter, providing the local social services district has elected to
			 provide such services in its geographic area as outlined in the district's
			 comprehensive annual social services plan; or
(2) persons who are served through preventive
			 services projects which have been approved by the Department of Social Services
			 and the State Budget Director.
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 425 - Day Services › Section 425.6 - State reimbursement

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 There shall be paid, to each social services district which provides day
			 services in accordance with department regulations, the amount of Federal
			 funds, if any, properly received or to be received on account of such
			 expenditures and, subject to the availability of State funds, 50 per centum of
			 allowable expenditures for day services and its administration after first
			 deducting therefrom any Federal funds properly received or to be received on
			 account thereof, and the amount of any fees paid to the local social services
			 official for day services.
(b)
			 Charges to local social services districts for day services may include
			 expenditures for compensation of employees in connection with the furnishing of
			 day services, including but not limited to costs incurred for pensions, Federal
			 old age and survivors insurance and health insurance for such employees,
			 training programs for personnel, operation, maintenance and service costs, and
			 such other expenditures as equipment costs, depreciation, and charges and
			 rental values. It shall not include expenditures for capital costs.
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 426 - Title Iv-e Foster Care, Adoption Assistance And Kinship Guardianship Assistance › Section 426.1 - Eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
As a condition for the receipt of Federal financial
			   participation for title IV-E foster care maintenance, adoption assistance and
			   kinship guardianship assistance, the applicable requirements set forth in
			   section 101 of the Federal Fostering Connections to Success and Increasing
			   Adoptions Act of 2008 (Public Law 110-351) and in
			   title 45 Code of Federal Regulations, section 1356.21 (foster care maintenance)
			   and/or sections 136.40 and 1356.41 (adoptions assistance) must be met. The
			   above-cited sections of Federal law and the Code of Federal Regulations are
			   available for viewing at: New York State Department of State, 41 State Street,
			   Albany, NY 12231.
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 426 - Title Iv-e Foster Care, Adoption Assistance And Kinship Guardianship Assistance › Section 426.2 to 426.3

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 426 - Title Iv-e Foster Care, Adoption Assistance And Kinship Guardianship Assistance › Section 426.4

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 426 - Title Iv-e Foster Care, Adoption Assistance And Kinship Guardianship Assistance › Section 426.5

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 426 - Title Iv-e Foster Care, Adoption Assistance And Kinship Guardianship Assistance › Section 426.6

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 426 - Title Iv-e Foster Care, Adoption Assistance And Kinship Guardianship Assistance › Section 426.7

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 426 - Title Iv-e Foster Care, Adoption Assistance And Kinship Guardianship Assistance › Section 426.8 - Assignment of support rights

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 Approved applications for foster care maintenance payments which are
			 reimbursable pursuant to title IV-E of the Social Security Act constitute an
			 assignment to the State and the social services district concerned, of any
			 rights to support from any other person as such applicant may have in his or
			 her own behalf. Such approved applications must be referred to the child
			 support enforcement unit of the social services district for appropriate action
			 in accordance with the requirements of Part 422 of this Title.
(b) Any income or resources collected as
			 child support for a child or children of a minor parent in foster care or in an
			 adoptive placement for whom the costs of care are provided through the title
			 IV-E foster care maintenance payments or adoption assistance payments of the
			 minor parent must be disregarded. Such child support does not constitute an
			 assignment to the State or the social services district.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 2 - Family and Children's Services › Part 426 - Title Iv-e Foster Care, Adoption Assistance And Kinship Guardianship Assistance › Section 426.9 - Health insurance coverage for children with special needs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In the event that the State provides
			 medical insurance coverage through a State medical assistance program other
			 than the program under title XIX of the Social Security Act, and the State
			 exceeds its funding for services under such other program, any such child shall
			 be deemed to be receiving aid or assistance under the State plan under title
			 IV-E of the Social Security Act for purposes of section 1902(a)(10)(A)(i)(I) of
			 the Social Security Act.
(b) In
			 determining cost-sharing requirements, the State shall take into consideration
			 the circumstances of the adopting parent or parents and the needs of the child
			 being adopted consistent, to the extent coverage is provided through a State
			 medical assistance program, with the rules under such program.
(c) A child with special needs is a child as
			 defined in section 673(c) of title 42 of the United State Code Annotated. The
			 above-cited section of the United States Code Annotated is available for
			 viewing at: New York State Department of State, 41 State Street, Albany, NY
			 12231.
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 426 - Title Iv-e Foster Care, Adoption Assistance And Kinship Guardianship Assistance › Section 426.10 - Maximum number of foster children remaining in care for more than 24 months

Current through Register Vol. 46, No. 28, July 10, 2024
The title IV-E State Plan must set forth specific goals
			   as required by the provisions of title IV- E of the Federal Social Security Act
			   for the Federal fiscal years commending on or after October 1, 1983
			   establishing the maximum number of children who, at any one time during such
			   year, will remain in foster care after having been in foster care for more than
			   24 months. For the Federal fiscal year commencing on October 1, 2005 and
			   thereafter, the goal is 55 percent of all children in foster care with respect
			   to whom assistance under the State title IV-E Plan for foster care and adoption
			   assistance is provided during such years.
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 427.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part:
(a) Foster care of children means all
			 activities and functions provided relative to the care of a child away from
			 their home 24 hours per day in a foster family free home or a duly certified or
			 approved foster family boarding home or a duly certified group home, agency
			 boarding home, child care institution, a supervised setting, a qualified
			 residential treatment program, programs for youth who have been or are at-risk
			 of sex trafficking, specialized programs to serve prenatal, postpartum or
			 parenting youth, or in a health care facility or any combination
			 thereof.
(b)
Standards of
			 administration for foster care
include the following:
(1) intake (study, summary, and information,
			 referral, and assisting and arranging for services to prevent foster
			 care);
(2) Residential program. The
			 child is cared for away from their home 24 hours a day in a foster family free
			 home; a duly licensed, certified, or approved foster family boarding home; a
			 duly licensed or certified group home, agency boarding home, child care
			 institution, supervised setting, a qualified residential treatment program,
			 programs for youth who have been or are at-risk of sex trafficking, specialized
			 programs to serve prenatal, postpartum or parenting youth, or in a health care
			 facility; or any combination thereof.
(3) post-placement services (development and
			 implementation of discharge service plans); and
(4) selection, development and supervision of
			 foster care facilities.