N.Y. Comp. Codes R. & Regs. tit. 18 § 428.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 428.2 - Definitions

(a)Case initiation date or day 1 for family case for the purpose of this Part shall mean the earliest of:

(1) the initial date of application for foster care services, mandated or nonmandated preventive services for children, or adoption services;

(2) the date that a report to the statewide central register of child abuse and maltreatment is determined to be indicated;

(3) the date of placement of a child in foster care pursuant to article 3 or 7 of the Family Court Act or the date of removal of a child from his or her home which led to placement in foster care either pursuant to article 10, 10-B or 10-C of the Family Court Act or section 383-c, 384 or 384-a of the Social Services Law or placement by a court in the direct custody of a relative or other suitable person pursuant to article 10 of the Family Court Act; or

(4) the date of a court-ordered preventive services or commitment of care, custody and/or guardianship of a child to a local social services district commissioner for placement with an authorized agency or foster parent.

(b)Case manager is defined for the purpose of this Part as the employee of the social services district with responsibility to authorize the provision of services; to approve the client eligibility determination according to sections 423.3(b), 430.9, 430.10, and 432.1(o) of this Title; and to approve by signature or electronic equivalent, the family assessments and service plans as defined in this Part.

(c) The case planner is the caseworker with the primary responsibility for providing or coordinating and evaluating the provision of services to the family as defined in subdivision (e) of this section. Case planning includes referring the child and his or her family to providers of services as needed, and delineating the roles of the various service providers. The case planner also must require collaboration among all the case workers assigned to the case so that a single family assessment and service plan is developed. Case planning responsibility also includes documenting client progress and adherence to the service plan by recording in the uniform case record that such services are provided, as required by this Part and sections 430.9 through 430.12 of this Title, and making casework contacts or arranging for casework contacts as required under sections 423.2(b)(3), 423.4(c)(1)(ii) (d)(2), 432.2 and 441.21 of this Title.

(d) The child protective services monitor is the employee of the child protective service who is monitoring services being provided by someone other than a child protective service employee to the children and family named in an indicated case of child abuse or maltreatment.

(e)Family, for the purpose of this Part, means:

(1) the child who is at risk of or in foster care, or named in an indicated child protective services report, his or her parents, legal guardians, or other caretakers and his or her siblings;

(2) a woman who is pregnant as specified in sections 430.9(c)(6) and 430.10(c)(6) of this Title;

(3) a minor parent/child unit as defined in section 427.2(s) of this Title; or

(4) a child who does not live with his or her parents and needs services to prevent return to foster care, a foster child whose parent(s)' rights have been terminated or whose parent(s) have surrendered the child for adoption, a child who needs services and whose parents or legal guardians are unavailable, or a child who is an unaccompanied refugee minor with or without his or her parents or legal guardian.

(f)Family and children's services mean the assistance, care and services provided to a child and his or her family in accordance with the service plans developed and maintained as required by this Part. Such assistance and/or services include, but are not limited to those services set forth in section 429.4(a) of this Title.

(g)Program choice(s), for the purposes of this Part, are defined as:

(1) Preventive (nonmandated). Services designed to prevent possible future placement in foster care or services which may enable a child to return home sooner than anticipated when the following conditions exist:

(i) preventive services are needed by this child/family and would be beneficial in preventing possible future placements in foster care; or

(ii) the child is currently in placement, the child and/or family is in need of additional supportive services which are not eligible as mandated preventive services, and the provision of these services may enable the child to be returned home sooner than anticipated.

(2) Preventive (mandated). Services designed to avert imminent foster care placement or replacement, or to enable a child to return home earlier than anticipated, or to facilitate a timely discharge when the following conditions exist:

(i) the child will be placed into foster care or be replaced into foster care unless preventive services are provided and it is reasonable to believe that the provision of preventive services will enable the child to remain in his or her home, or the court has ordered preventive services; or

(ii) the child is presently in foster care placement but is expected to be discharged within six months, the services to be provided are directly related to one or more of the reasons the child is currently in foster care and the provision of these services will enable the child to return to his or her parents sooner than would otherwise be possible.

(3) Placement. A child is currently in foster care placement or in need of out-of-home placement, or a child is currently in foster care placement and has been legally freed for adoption.

(4) Protective. A child is named in an open indicated child protective services case.

(5) Non-LDSS custody-relative/resource placement. A child is placed in the home of a relative or non-related resource person with or without a court order and the local social services district is providing supervision and/or services to enable the child to return home or to enable the child to remain safely with the relative or resource person. The local social services district does not have custody of the placed child.

(h)Risk assessment is a process of information gathering and analysis that examines the inter-relatedness of risk elements affecting family functioning and documents them in the form, manner and time prescribed by OCFS.

(i)Safety assessment is a process of information gathering and analysis of selected safety factors and circumstances that suggest there is an immediate threat to a child which, if not controlled or alleviated, will be likely to cause serious harm to the child and documents them in the form, manner and time prescribed by OCFS.

(j)Controlling interventions are activities or arrangements which protect a child from unsafe situations, behaviors or conditions which are associated with immediate danger of serious harm, and without which the unsafe situations, behaviors or conditions would still be present or would in all likelihood immediately return.

(k)Community optional preventive services are programs designed to serve families, children or youth where the children or youth are not at serious risk of foster care, but may be at general risk of future foster care by virtue of one or more identified characteristics of a population.

(l) For the purposes of this Part, OCFS refers to the New York State Office of Children and Family Services.

(m)Permanency hearing report is a report as defined in section 1087 of the Family Court Act prepared in accordance with section 1089 of the Family Court Act, and in the form and manner as required by OCFS.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 428.2

Amended New York State Register June 17, 2015/Volume XXXVII, Issue 24, eff. 6/17/2015