N.Y. Comp. Codes R. & Regs. tit. 18 § 428.7

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

Section 428.7 - Plan amendments (status changes)

(a) The purpose of a plan amendment is to describe and document certain significant changes in the status of a case and to direct a reassessment of the family and/or child's situation so that any necessary revisions to the service plan can be made.

(b) Changes in case status that require a plan amendment include, but are not limited to situations where:

(1) preventive services are started for a child;

(2) preventive services are ended for a child;

(3) a case is opened for child protective services;

(4) child protective services are ended for a case;

(5) a child is removed from his or her home and enters or reenters foster care;

(6) a child is moved from one foster care setting to another;

(7) a child is removed from his or her home and is placed by a court in the direct custody of a relative or other suitable person pursuant to article 10 of the Family Court Act;

(8) a child becomes legally free for adoption; or

(9) a child is discharged (trial or final) from foster care (includes finalization of adoption).

(c) If a status change occurs prior to the completion of the initial family assessment and service plan as required in section 428.3(f)(4) of this Part, the change must be documented in a progress note entry.

(d) If a status change occurs subsequent to completion of the initial family assessment and service plan, it must be documented and approved by the social services district having case management responsibility for the case within 30 days of the change, except for the changes designated in paragraphs (b)(3) and (4) of this section which must be documented and approved by the social services district having case management responsibility for the case within seven days of the change. Except for the status changes set forth in paragraphs (b)(5) and (7) of this section, if any status change occurs at the time of, or within 60 days prior to, the due date of the next family assessment and service plan, the status change may be documented and approved as part of the next family assessment and service plan. Documentation within the family assessment and service plan must include all information regarding the status change required by OCFS. Such documentation must be provided in the form and manner as required by OCFS and, where appropriate, or where a child has been removed from his or her home, must include a visiting plan and an update of the service plan for the family.

(e) All plan amendments must include the signature(s) or electronic equivalent(s) of the case planner, the case planner's supervisor and the case manager, and where required pursuant to section 432.2(b)(5) of this Title, the signature of the child protective services monitor.

(f) When services are started for a family member previously not receiving foster care or other placement related services or when preventive services are started in an existing case, the case initiation date for the case will remain the date that was previously established for the case according to the requirement of section 428.2(a) of the Part.

(g) In manner consistent with article 27-F of the Public Health Law regarding HIV confidentiality, within 10 days of the preparation of the complete plan amendment prepared for a child who enters or reenters foster care, a copy of the following components of that document must be given to the child's parent(s) or guardian, counsel for such parent(s) or guardian, and the child's law guardian, if any: the most recently prepared family and children's service plan as described in section 428.6(a)(1)(vii) and (viii) of this Part, the visiting plan, including any modifications to such plans necessitated by the placement or replacement, and those parts of the uniform case record where the information described in section 428.6(a)(2) of this Part are contained.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 428.7