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 418 - Day Care Centers › Subpart 418-1 - Child Day Care Centers › Section 418-1.3 - Building and equipment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
			   applicant must submit to the office a diagram of the proposed child day care
			   center at the time of application for licensure.
(1) The diagram must be labeled with the
			   planned occupancy or use of all areas of the building and all outside areas to
			   be used or occupied by the child day care center. The diagram must show: room
			   dimensions; the age group(s) using each room; the size of the group(s) using
			   each room; kitchens and bathrooms for children and staff; exits; alternate
			   means of egress; plumbing fixtures such as toilets, sinks and drinking
			   fountains; and the outdoor play area showing its relationship to the
			   building.
(2) Whenever change(s),
			   addition(s) or expansion(s) are proposed which will affect, or reasonably may
			   be expected to affect, those portions of the building designated for the care
			   of children or for their egress in case of an emergency, the licensee must
			   receive written approval from the office prior to initiating such change(s),
			   addition(s), or expansion(s).
(3)
			   Child care can only be provided in the areas that have been included in the
			   diagram and approved as child care space.
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 418 - Day Care Centers › Subpart 418-1 - Child Day Care Centers › Section 418-1.4 - Fire protection

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			   Suitable precautions must be taken to eliminate all conditions which may
			   contribute to or create a fire hazard.
(b)
Evacuation drills.
(1) Evacuation drills must be conducted at
			   least monthly during various hours of operation of the child day care
			   center.
(2) When conducting
			   evacuation drills the exit route must be varied to ensure that all approved
			   means of egress are practiced.
(3)
			   When multiple shifts of care are provided, such drills must be conducted
			   monthly during each shift of care.
(4) The program must maintain on file a
			   record of each evacuation drill conducted, using forms furnished by the office
			   or approved equivalents.
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 418 - Day Care Centers › Subpart 418-1 - Child Day Care Centers › Section 418-1.5 - Safety

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Suitable
			   precautions must be taken to eliminate all conditions in areas accessible to
			   children which pose a safety or health hazard.
(1) The program must take suitable
			   precautions to prevent the following:
(i)
			   serious injury of a child while in care at the program or being transported by
			   the program; and
(ii) death of a
			   child while in care at the program or being transported by the
			   program.
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 418 - Day Care Centers › Subpart 418-1 - Child Day Care Centers › Section 418-1.7 - Program requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
A written daily schedule of program activities and routines is
			   required.
(1) The program must
			   establish and implement a daily schedule of program activities that offers
			   reasonable regularity in routines, including snack and meal periods, nap and
			   rest periods, indoor activities, outdoor play time and a variety of large
			   muscle activities throughout the day. There must be physical activity,
			   appropriate to the ages of the children in care, every day.
(2) When care is provided to infants less
			   than six months of age, the daily schedule must include short supervised
			   periods of time during which the awake infant is placed on his or her stomach,
			   back or side allowing them to move freely and interact socially, thus
			   developing motor skills and social skills.
(3) The daily schedule must include a routine
			   of good personal hygiene practices, and when night care is provided, this
			   includes changing into night clothes, brushing teeth, and washing before bed in
			   the manner to be agreed between the parent and the program.
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 418 - Day Care Centers › Subpart 418-1 - Child Day Care Centers › Section 418-1.10 - Child abuse and maltreatment

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Any abuse or maltreatment of a child is prohibited.
A day care center must prohibit and may not tolerate or
				in any manner condone an act of abuse or maltreatment by an staff, volunteer or
				any other person. An abused child or maltreated child means a child defined as
				an abused child or maltreated child pursuant to section 412  of the Social Services
				Law.
(b) Screening
			   requirements for child day care centers licensed by the office are as follow:
(1) Statewide Central Register of Child Abuse
			   and Maltreatment and Justice Center for the Protection of Persons with Special
			   Needs.
(i) The child day care center must
			   submit to the office the information necessary to inquire of the Statewide
			   Central Register of Child Abuse and Maltreatment whether any prospective
			   operator, director, employee or volunteer is the subject of an indicated report
			   of child abuse or maltreatment on file with the Statewide Central Register of
			   Child Abuse and Maltreatment. In accordance with a schedule developed by the
			   office, the office must inquire whether any existing operator, director,
			   employee or volunteer is the subject of an indicated report of child abuse or
			   maltreatment on file with the Statewide Central Register of Child Abuse and
			   Maltreatment.
(ii) The child day
			   care center must submit to the office the information necessary to check the
			   register of substantiated category one cases of abuse or neglect maintained by
			   the Justice Center for the Protection of Persons with Special Needs per section 495  of the Social Services Law before
			   determining whether to hire or otherwise allow any person as a prospective
			   director, employee, or volunteer.
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 418 - Day Care Centers › Subpart 418-1 - Child Day Care Centers › Section 418-1.13 - Staff qualifications

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			   Staff members must be qualified by training and experience to carry out their
			   respective functions in the administration, operation and maintenance of the
			   child day care center.
(1) Staff and
			   volunteers must be mature, of good character and possess suitable personal
			   qualifications.
(2) Staff and
			   volunteers must be in good physical and mental health and have the energy and
			   emotional stability necessary to fulfill the responsibilities of their
			   positions.
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 418 - Day Care Centers › Subpart 418-1 - Child Day Care Centers › Section 418-1.14 - Training

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Before the
			   office issues an application for a day care center license, to a person or
			   entity yet to hold a day care license or registration, the applicant must
			   complete an office approved pre-application orientation session.
(b) Each applicant for, or individual in the
			   position of director, teacher, or volunteer must complete office-approved
			   training that complies with Federal minimum health and safety preservice or
			   three-month orientation period requirements. This training must be obtained
			   preservice or within three months of starting such position.
(1) Any teacher, director, or volunteer who
			   has not completed this training must not be left unsupervised with children in
			   care until such time as the training has been completed.
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 418 - Day Care Centers › Subpart 418-1 - Child Day Care Centers › Section 418-1.15 - Management and Administration

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
General licensing requirements.
(1)
(i)
			   Each child day care center must obtain a license from the office. No person or
			   entity may operate a child day care center without a license from the
			   office.
(ii) Each child day care
			   center must operate in compliance with the regulations of the office and all
			   other applicable laws and regulations.
(iii) Each child day care center must operate
			   in compliance with all emergency health guidance promulgated by the Department
			   of Health in the interest of public health during a designated public health
			   emergency. Provided that, during a designated public health emergency, any
			   relevant emergency directives from the executive chamber or from the Department
			   of Health shall supersede regulations of the Office in the case of any
			   conflict.
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 418 - Day Care Centers › Subpart 418-2 - Small Day Care Centers › Section 418-2.1 - Definitions, enforcement and hearings

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of Part 413 of this Title apply to this
				Subpart.
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 418 - Day Care Centers › Subpart 418-2 - Small Day Care Centers › Section 418-2.3 - Building and equipment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
			   applicant must submit to the office at the time of application for registration
			   a diagram of the proposed small day care center.
(1) The diagram must be labeled with the
			   planned occupancy or use of all areas of the building and all adjacent outside
			   areas. For the areas to be used for day care, the diagram must specify: the
			   purposes for which space will be used; the number and locations of exits and
			   alternate means of egress; and the outdoor play areas available to the children
			   in care.
(2) Whenever change(s),
			   addition(s) or expansion(s) are proposed which will affect, or reasonably may
			   be expected to affect, those portions of the building designated for the care
			   of children or for their egress in case of an emergency, the program must
			   receive written approval from the office prior to initiating such change(s),
			   addition(s), or expansion(s).
(3)
			   Child care can only be provided in the areas that have been included in the
			   diagram and approved as child care space.
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 418 - Day Care Centers › Subpart 418-2 - Small Day Care Centers › Section 418-2.4 - Fire protection

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			   Suitable precautions must be taken to eliminate all conditions which may
			   contribute to or create a fire hazard.
(b)
Evacuation drills.
(1) Evacuation drills must be conducted at
			   least monthly during various hours of operation of the small child day care
			   center.
(2) When conducting
			   evacuation drills the exit route must be varied to ensure that all approved
			   means of egress are practiced.
(3)
			   When multiple shifts of care are provided, such drills must be conducted
			   monthly during each shift of care.
(4) The program must maintain on file a
			   record of each evacuation drill conducted, using forms furnished by the office
			   or approved equivalents.
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 418 - Day Care Centers › Subpart 418-2 - Small Day Care Centers › Section 418-2.5 - Safety

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Suitable
			   precautions must be taken to eliminate all conditions in areas accessible to
			   children which pose a safety or health hazard.
(1) The program must take suitable
			   precautions to prevent the following:
(i)
			   serious injury of a child while in care at the program or being transported by
			   the program; and
(ii) death of a
			   child while in care at the program or being transported by the
			   program.
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 418 - Day Care Centers › Subpart 418-2 - Small Day Care Centers › Section 418-2.8 - Supervision of children

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			   Children cannot be left without competent supervision at any time. Competent
			   supervision includes awareness of and responsibility for the ongoing activity
			   of each child. It requires that all children be within a caregiver's range of
			   vision except as provided in subdivision (b) of this section and that the
			   caregiver be near enough to respond when redirection or intervention strategies
			   are needed. Competent supervision must take into account the child's age,
			   emotional, physical and cognitive development.
(b) Children may be outside a caregiver's
			   range of vision only as follows:
(1) Children
			   who are able to toilet independently, including fastening and unfastening
			   clothing, wiping themselves, flushing the toilet, and washing their hands, may
			   use a bathroom for a short period of time without direct adult
			   supervision.
(2) With the written
			   permission of the parents, a program may allow school-aged children to
			   participate in activities outside of the direct supervision of a caregiver.
			   Such activities must occur on the premises of the small day care center. A
			   caregiver must visually check such children every 15 minutes.
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 418 - Day Care Centers › Subpart 418-2 - Small Day Care Centers › Section 418-2.10 - Child abuse and maltreatment

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			   Any abuse or maltreatment of a child is prohibited. A small day care center
			   must prohibit and may not tolerate or in any manner condone an act of abuse or
			   maltreatment by a caregiver, employee, volunteer or any other person. An abused
			   child or maltreated child means a child defined as an abused child or
			   maltreated child pursuant to section 412  of the Social Services Law.
(b) In accordance with the provisions of
			   sections 413 and 415  of the Social Services Law, caregivers must immediately
			   report any suspected incidents of child abuse or maltreatment concerning a
			   child receiving child care to the Statewide Central Register of Child Abuse and
			   Maltreatment or cause such a report to be made when the caregiver has
			   reasonable cause to suspect that a child coming before them in their capacity
			   as caregiver in a small day care center is an abused or maltreated child. Such
			   report must be followed by a written report within 48 hours, in the form and
			   manner prescribed by the office, to the child protective service of the social
			   services district in the county in which the child resides.
(c) The provider or registrant of the small
			   child day care center is responsible for implementing procedures which ensure
			   the safety and protection of any child named in a report of child abuse or
			   maltreatment involving a situation which occurs while the child is in
			   attendance at the center. Immediately after making or causing to be made a
			   report pursuant to subdivision (b) of this section, the provider or registrant
			   of the center must take such appropriate action as is necessary to ensure the
			   health and safety of the children involved in the report and, as necessary, of
			   any other children in the care of the center. The provider or registrant must
			   also take all reasonable steps to preserve any potential evidence of abuse or
			   maltreatment. Insofar as possible, any action taken under this subdivision must
			   cause as little disruption as possible to the daily routine of the children in
			   the center.
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 418 - Day Care Centers › Subpart 418-2 - Small Day Care Centers › Section 418-2.13 - Staff qualifications

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			   The caregivers must each meet the following qualifications:
(1) be at least 18 years old;
(2) have a minimum of either two years of
			   experience caring for children under six years of age, or one year of
			   experience caring for children under six years of age plus six hours of
			   training or education in early childhood development. The phrase
experience caring for children
can mean child-rearing as well
			   as paid and unpaid experience caring for children. The term
training
can mean educational workshops and courses in caring
			   for preschool-age children;
(3) be
			   capable of providing, and agree to provide, safe and suitable care to children
			   which is supportive of the children's physical, intellectual, emotional and
			   social well-being;
(4) provide to
			   the office the names, addresses and daytime telephone numbers of at least two
			   acceptable references, other than relatives. At least one of the references
			   must be able to attest to the employment history, work record and
			   qualifications, if the person had ever been employed outside the home. At least
			   one of the references must be able to attest to the character, habits and
			   personal qualifications to be a caregiver or substitute at a small day care
			   center; and
(5) submit a
			   satisfactory medical statement, as required in section
			   418-2.11(b) 
			   of this Subpart.
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 418 - Day Care Centers › Subpart 418-2 - Small Day Care Centers › Section 418-2.14 - Training

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Before the
			   office issues an application for a small day care center registration, to a
			   person or entity yet to hold a day care license or registration, the applicant
			   must complete an office approved pre-application orientation session.
(b) Each applicant for, or individual in the
			   position of provider, caregiver, or volunteer must complete office-approved
			   training that complies with Federal minimum health and safety preservice or
			   three-month orientation period requirements. This training must be obtained
			   preservice or within three months of starting such position.
(1) Any caregiver or volunteer who has not
			   completed this training must not be left unsupervised with children in care
			   until such times as the training has been completed.
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 418 - Day Care Centers › Subpart 418-2 - Small Day Care Centers › Section 418-2.15 - Management and Administration

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
General registration requirements.
(1)
(i)
			   Each small day care center must obtain a registration from the office. No
			   person or entity may operate a small child day care center without a
			   registration from the office.
(ii)
			   Each small day care center must operate in compliance with the regulations of
			   the office and all other applicable laws and regulations.
(iii) Each small day care center must operate
			   in compliance with all emergency health guidance promulgated by the Department
			   of Health in the interest of public health during a designated public health
			   emergency. Provided that, during a designated public health emergency, any
			   relevant emergency directives from the executive chamber or from the Department
			   of Health shall supersede regulations of the Office in the case of any
			   conflict.
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 419 - Special Day Care Services Program › Section 419.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Part shall apply to the special day care services
			   program authorized and funded by chapter 53 of the Laws of 1983 which
			   authorizes the department to provide 87 1/2 percent reimbursement for social
			   services district expenditures for day care services provided to encourage and
			   promote self-sufficiency. The department shall be authorized to provide
			   reimbursement to the social services districts pursuant to the special day care
			   services program so long as funds are appropriated to the department for such
			   purpose. The expanded day care opportunities developed through this program
			   will be for the development of day care services and a range of support
			   services directly linked to day care services such as transportation to support
			   training and employment of parents who have children in day care. This program
			   will benefit current or recent public assistance recipients and persons who
			   have lost day care because of budget reductions in services programs to insure
			   that persons in these groups have access to employment and training
			   opportunities.
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 419 - Special Day Care Services Program › Section 419.2 - Proposals

Current through Register Vol. 46, No. 28, July 10, 2024
Social services districts desiring to apply for special
			   day care funds shall submit a proposal to the department by a date specified by
			   the commissioner. The proposal shall include a project summary and rationale, a
			   budget, objectives, project approach, a description of the method to be used to
			   evaluate the effectiveness of the program, staffing needs, implementation
			   potential beyond the project funding period and a description of how the
			   project will coordinate with the local Private Industrial Council established
			   through the Job Training Partnership Act ( P.L. 97-300) and other employment
			   and training projects operating in the districts.
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 419 - Special Day Care Services Program › Section 419.3 - Departmental review

Current through Register Vol. 46, No. 28, July 10, 2024
The department will review proposals and notify districts
			   of their eligibility for grant awards not later than 45 days after the date
			   specified by the commissioner for submission of proposals pursuant to section
			   419.2  of
			   this Part. Proposals will be judged by criteria which shall include:
(a) the project's adherence to the guidelines
			 and the priorities stated in the request for proposal distributed by the
			 department;
(b) the feasibility of
			 the project's approach and work plan to accomplish its objectives;
(c) the extent to which the funding will be
			 used to expand existing services; and
(d) the likelihood that the project has
			 potential for continuing beyond the project funding period.
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 420 - STATE ADOPTION SERVICE › Section 420.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part:
(a)
Legally freed child
means a person under the age of 18 years:
(1)
			 whose custody and guardianship have been transferred to an authorized agency as
			 a result of either a surrender instrument executed pursuant to section 383-c or
			 384  of the Social Services Law or an order
			 of the Family Court or the Surrogate's Court made pursuant to section 384-b  of the Social Services Law;
			 or
(2) whose care and custody have
			 been transferred to an authorized agency pursuant to article 3, 7 or 10-C of
			 the Family Court Act, section 1055  of the Family Court Act or section 384-a  of the Social Services Law and where
			 such child's parents are both deceased, or where one parent is deceased and the
			 other parent is not a person entitled to notice pursuant to sections 111 and
			 111-a  of the Domestic Relations
			 Law.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 2 - Family and Children's Services › Part 420 - STATE ADOPTION SERVICE › Section 420.2 - Referral to the State Adoption Service

Current through Register Vol. 46, No. 28, July 10, 2024
Except when a waiver of referral is authorized pursuant
			   to subdivision (d) of this section, each legally freed child who has received
			   foster care from an authorized agency for a period of three months or more
			   (including any period of foster care immediately preceding the date on which
			   the child was legally freed for adoption) and who is not in an adoptive
			   placement as defined by section
			   421.1(d) 
			   of this Title must, and any other legally freed child may, be referred by an
			   authorized agency to the State Adoption Service within 10 working days
			   following the end of that three-month period.
(a) Photo listing. Except where a waiver of
			 photo listing is authorized pursuant to subdivision (c) of this section, for
			 each child being referred, the authorized agency must submit to the department
			 the referral form issued by the department with a recent photograph and a
			 written description of the child to be photo listed.
(b) Delay in photo listing.
(1) Upon referral, the photo listing of a
			 child may, upon request of the referring agency, be delayed where the
			 department determines that the photo listing of the child is not in the child's
			 best interests because the child is not emotionally prepared for an adoptive
			 placement as demonstrated through a written statement from a psychiatrist,
			 psychologist or certified social worker verifying that the child is not
			 emotionally prepared for an adoptive placement.
(2) A delay in photo listing when the child
			 is not emotionally prepared for an adoptive placement will be given for a one
			 time period of six months starting from the date of the referral of the child
			 by the authorized agency to the department. Any child not placed in an adoptive
			 home at the end of the six month period will be immediately photo
			 listed.
(3) The authorized agency
			 requesting such delay will be informed of the approval or disapproval of their
			 request. Upon request, the authorized agency must supply additional information
			 within 15 working days of notification from 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 420 - STATE ADOPTION SERVICE › Section 420.3 - Changes in status

Current through Register Vol. 46, No. 28, July 10, 2024
All changes in the status of a child must be reported to
			   the State Adoption Service within five working days after the change has
			   occurred.
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 420 - STATE ADOPTION SERVICE › Section 420.4 - Withdrawal from State Adoption Service

Current through Register Vol. 46, No. 28, July 10, 2024
A child's name will be withdrawn from the State Adoption
			   Service when the authorized agency enters the appropriate code into the CCRS
			   that indicates:
(a) the child has been
			 adopted;
(b) the child has reached
			 his or her 18th birthday, and will not consent to the agency's adoption
			 plan;
(c) the child has been
			 discharged from foster care in New York State; or
(d) the child has died.
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 420 - STATE ADOPTION SERVICE › Section 420.5 - State reimbursement

Current through Register Vol. 46, No. 28, July 10, 2024
Expenditures by an authorized agency for the care and
			   maintenance of a child subject to referral to the State Adoption Service under
			   this Part will not be subject to State reimbursement unless the agency has
			   complied with the requirements 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 421 - Standards of Practice for Adoption Services › Section 421.2 - Principles of adoption services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For
			 each child deprived of a permanent family, an adoptive family shall be sought
			 in which he may have the opportunity for growth and development through loving
			 care, parental guidance and the security of a permanent home.
(b) Efforts to remove a child from the care
			 and custody of his biological parent, adoptive parent, or legal guardian shall
			 be undertaken only when it is clearly established that such action is in such
			 child's best interest.
(c) The
			 rights of children, biological parents, legal guardians, foster parents and
			 adoptive families shall be respected and protected through responsible agency
			 administration.
(d) In accordance
			 with section 373-a  of the Social Services Law and
			 section
			 357.3(b) 
			 of this Title, disclosure of the child's comprehensive health history is
			 required to be made to prospective adoptive parents. This includes information
			 related to a diagnosis of AIDS, HIV-related illness or HIV infection or an
			 HIV-related test. The terms AIDS, HIV-related illness, HIV infection and
			 HIV-related test are defined in section
			 360-8.1 
			 of this Title. A prospective adoptive parent may redisclose confidential
			 HIV-related information concerning the child placed with such parent for
			 adoption.
(e) Minor siblings or
			 half-siblings who are free for adoption must be placed together in a
			 prospective adoptive family home unless the social services district or the
			 voluntary authorized agency with guardianship and custody determines that such
			 placement would be detrimental to the best interests of one or more of the
			 children. Such determination can be made only after a careful assessment, in
			 accordance with section
			 421.18(d) 
			 of this Part, establishes that the placement would be contrary to the health,
			 safety or welfare of one or more of the children. The placement decision must
			 be fully documented in the case record.
(f) Each child under care in need of adoption
			 but not legally free for placement, shall be identified as early as possible,
			 and the pursuit of voluntary surrender or the legal process to sever those
			 parental or guardianship rights of custody and guardianship to the child
			 impeding his or her speedy placement in an adoptive family shall be
			 initiated.
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 421.3 - General requirements

Current through Register Vol. 46, No. 28, July 10, 2024
Authorized agencies providing adoption services
			   shall:
(a) have written policies and
			 procedures governing adoption services to:
(1) biological parents and legal
			 guardians;
(2) children who are
			 free for adoption, or who are not free but in need of adoptive
			 planning;
(3) prospective adoptive
			 parents, adoptive applicants and adoptive parents; and
(4) persons who have been adopted;
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 421.5 - Services to fathers of out-of-wedlock children

Current through Register Vol. 46, No. 28, July 10, 2024
With regard to the rights and interests of the biological
			   father of an out-of-wedlock child, an agency shall comply with the following
			   procedures:
(a) In all cases:
(1) take steps to identify the father and
			 determine the extent of relationship between father and mother and between
			 father and child;
(2) make efforts
			 to involve the father in planning for the child;
(3) give the alleged father an opportunity to
			 recognize or deny paternity;
(4) if
			 father admits paternity but is unwilling or unable to plan for the child,
			 attempt to obtain a voluntary surrender of father's rights in child when such
			 action would be in the best interests of the child; and
(5) if the father is unwilling or unable to
			 plan, and is also unwilling to voluntarily surrender rights, take such steps to
			 obtain termination of the father's parental rights as are appropriate to the
			 best interests 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 421 - Standards of Practice for Adoption Services › Section 421.6 - Surrender

Current through Register Vol. 46, No. 28, July 10, 2024
Authorized agencies must comply with the following
			   surrender procedures:
(a)
Children in foster care.
When requested by the parent(s) or guardian(s) of a child
			   in the care and custody of an authorized agency, a social services official
			   must determine, after appropriate consultation, if in such social services
			   official's judgment, without regard to the likelihood of placing the child in
			   an adoptive home, the best interests of the child will be served by a
			   surrender. The social services official must make arrangements for either the
			   judicial or extra-judicial surrender of the custody and guardianship of the
			   child to the authorized agency pursuant to section 383-c  of the Social Services Law.
(b) When such a surrender is made
			 by the mother of a child born out of wedlock, the authorized agency must ensure
			 that the procedures relating to the rights and interests of the father of the
			 out of wedlock child, as outlined in section
			 421.5 
			 of this Part, are appropriately followed.
(c) Authorized agencies must advise
			 applicants of the obligation of social services districts to evaluate the
			 obligation of parents of a child born in wedlock, to contribute to the support
			 of the child as long as the child remains a public charge. In determining
			 whether to require financial contribution, the districts must consider the best
			 interests of the child in addition to the ability of the parent to
			 contribute.
(d)
Judicial
			 surrenders.
When the social services official determines that a
			   judicial surrender would be in the best interests of the child, the judicial
			   surrender must be executed and acknowledged before a judge of the family court
			   or a surrogate in this state. When a parent who is also in foster care is
			   surrendering the child, the judicial surrender must be executed and
			   acknowledged before a judge of the family court.
(1) A judicial surrender of a child in foster
			 care executed by a parent or guardian before a court in another state must meet
			 the requirements of section 383-c (1)(a) and (b)  of
			 the Social Services Law. A certified copy of the transcript of the surrender
			 proceeding, showing compliance with section 383-c (1)(b)  of the Social
			 Services Law must be filed as part of the adoption proceeding in this
			 State.
(2) The authorized agency
			 must inform the parent or guardian surrendering a child in foster care to the
			 authorized agency that a judicial surrender becomes final and irrevocable
			 immediately upon its execution and acknowledgement before a judge of the family
			 court or a surrogate.
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 421.7 - Termination of parental rights

Current through Register Vol. 46, No. 28, July 10, 2024
When adoption would be in the best interests of a child
			   and a surrendering instrument has not been executed, an authorized agency shall
			   petition the court to terminate parental rights under the provisions of section 384-b  of the Social Services Law, including the parental rights of the
			   biological father of an out-of-wedlock child when his consent to an adoption
			   would be required pursuant to section 111 (1)(e)  of the Domestic Relations
			   Law.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 2 - Family and Children's Services › Part 421 - Standards of Practice for Adoption Services › Section 421.8 - Services to children

Current through Register Vol. 46, No. 28, July 10, 2024
Authorized agencies shall:
(a) recognize that any child who is legally
			 free, is adoptable;
(b) register
			 each legally freed child with the State Adoption Service, in accordance with
			 Part 420 of this Chapter;
(c)
			 consider each legally freed child's eligibility for adoption subsidy, in
			 accordance with section
			 421.24  of
			 this Part;
(d) keep the length of
			 interim foster care placements of children free for adoption to a minimum,
			 placing such children in adoptive homes as early as practicable;
(e) arrange a medical examination for each
			 child for whom adoption is planned in order to determine the state of the
			 child's health, significant factors that may interfere with normal development,
			 and the implications of any medical problems. The medical report shall be filed
			 with the child's record;
(f)
			 provide casework services to each legally free child, obtain a current
			 understanding of his or her needs and encourage his or her participation in
			 planning, according to his or her age and capacity; and
(g) provide or arrange for all services
			 necessary to ensure that siblings and/or half-siblings are placed together,
			 unless contraindicated, in accordance with sections
			 421.2(e)
			 and
			 421.18(d) 
			 of this Part; and
(h) provide each
			 legally free child with adoption services, directly or through purchase of
			 service. The following services are to be provided:
(1) In the case of a child who has not been
			 placed in an adoptive home, evaluation of placement needs, preplacement
			 planning and preparation with reports thereon at intervals as required by the
			 department, and recruitment, adoption study, training and placement planning
			 for prospective adoptive parents.
(i)
Parent training
is activity designed to increase parents'
			 understanding of the dynamics of parent-child relationships, including
			 providing such parents with the information, skills and attitudes needed to
			 integrate an adopted child into the family by responding constructively to the
			 patterns of behavior the child brings from previous homes and uses to test
			 parent commitment, or to ward off closeness and emotional dependency.
(ii) These training activities may be carried
			 out by the family's adoption worker, other agency personnel or through
			 subcontract. This may be carried out in a group process involving and training
			 other applicants or families with whom a child has been placed.
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 421.9 - Purchase-of-service contracts

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
			 purchase-of-service contracts between social services districts and an
			 authorized agency caring for children which ordinarily does not provide
			 adoption services, must provide for counseling the biological parent or legal
			 guardian concerning surrender of, or termination of parental rights with regard
			 to a child, and the evaluation of a child's placement needs. Adoption services
			 not contracted to be provided by such authorized agency itself, nor through a
			 district-approved agreement with another agency, shall be the responsibility of
			 the district to provide directly or through separate contract.
(b) All purchase-of-service contracts between
			 social services districts and an authorized agency, which provides adoption as
			 well as foster care services, must set forth the adoption services to be
			 performed by the authorized agency. The social services district shall be
			 responsible for providing all adoption services not contracted to be provided
			 by such authorized agency.
(c) All
			 purchase-of-service contracts for adoption services executed by a social
			 services district shall require authorized agencies to maintain records and
			 submit reports as required by the department, and such records and reports
			 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 forwarded 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 421.10 - Community relations and recruiting

Current through Register Vol. 46, No. 28, July 10, 2024
Authorized agencies operating an adoption program
			   shall:
(a) carry out recruiting
			 efforts specifically directed at communities of populations which have ethnic,
			 racial, religious or cultural characteristics similar to those of the children
			 identified annually by the department as composing the largest number of
			 waiting children pursuant to section
			 421.13  of
			 this Part;
(b) keep the community
			 informed about the development and progress of the program and the needs of the
			 children who require adoption;
(c)
			 offer information about the program, the need for adoptive homes and the
			 availability of adoption subsidy, to organizations, agencies, media
			 representatives and other persons who may be a referral source in the
			 community; and
(d) seek to recruit
			 persons with the ability and motivation to serve children in need of permanent
			 substitute family life.
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 421.12 - Application

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
			 Authorized agencies operating an adoption program shall use an application form
			 approved by the department to elicit the following information from adoptive
			 applicants:
(1) name, address and other
			 necessary identifying information;
(2) age, race and religion of members of the
			 household;
(3) whether applicant is
			 a certified or licensed foster parent; and
(4) characteristics of child(ren) sought to
			 be adopted.