N.Y. Comp. Codes R. & Regs. tit. 18 § 436.3

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

Section 436.3 - Eligibility for kinship guardian assistance payments

(a)

(1) the child has been in foster care for at least six consecutive months in the home of the prospective relative guardian, as defined in section 436.1 of this Part; and

(2) the child being returned home or adopted are not appropriate permanency options for the child; and

(3) the child demonstrates a strong attachment to the prospective relative guardian and the prospective relative guardian has a strong commitment to caring permanently for the child; and

(4) that age appropriate consultation has been held with the child, provided, however, with respect to a child who has attained 14 years of age, that the child has been consulted regarding the kinship guardianship arrangement, and with respect to a child who has attained 18 years of age, that the child has consented to the kinship guardianship arrangement; and

(5)

(i) if the child has been placed into foster care pursuant to article 10 or 10-C of the Family Court Act, that both the fact finding hearing pursuant to section 1051 or 1095 of the Family Court Act and the first permanency hearing pursuant to section 1089 (A)(2) of the Family Court Act have been completed; or

(ii) for all other children in foster care, that the first permanency hearing has been completed.

(b) The financial status of the prospective relative guardian or the prospective successor guardian may not be considered in determining eligibility for kinship guardianship assistance payments.

(c)

(1) Notwithstanding any other provision of law to the contrary, a prospective relative guardian and any person over the age of 18 living in the home of the prospective relative guardian who has not already been subject to a national and State criminal history record check pursuant to section 378-a of the Social Services Law, as part of the process of the prospective relative guardian becoming a certified or approved foster parent, must complete such a record check in accordance with the procedures and standards set forth in section 378-a of the Social Services Law prior to the social services official acting upon the application for kinship guardianship assistance.

(2) The social services official must inquire of the office whether each prospective relative guardian and each person over the age of 18 living in the home of the prospective relative guardian has been or is currently the subject of an indicated report of child abuse or maltreatment on file with the Statewide Central Register of Child Abuse and Maltreatment and, if the prospective relative guardian or any other person over the age of 18 residing in the home of the prospective relative guardian resided in another state in the five years preceding the application, request child abuse and maltreatment information maintained by the child abuse and maltreatment registry from the applicable child welfare agency in each such state of previous residence, if such an inquiry and request has not been previously made as part of the process of the prospective relative guardian becoming a certified or approved foster parent.

(3) Notwithstanding any other provision of law to the contrary, prior to a social services official approving a prospective successor guardian to receive payments pursuant to this Part, the social services official must:

(i) complete a national and state criminal history record check of the prospective successor guardian and any person over the age of 18 living in the home of the prospective successor guardian pursuant to section 378-a (2) of the Social Services Law in accordance with the procedures and standards set forth in such statute;

(ii) inquire of the office in accordance with section 424-a of the Social Services Law whether each prospective successor guardian and each person over the age of 18 living in the home of the prospective successor guardian has been or is currently the subject of an indicated report of child abuse or maltreatment on file with the Statewide Central Register of Child Abuse and Maltreatment; and

(iii) if the prospective successor guardian or any other person over the age of 18 residing in the home of the prospective successor guardian resided in another state in the five years preceding the inquiry, request child abuse and maltreatment information maintained by the child abuse and maltreatment registry from the applicable child welfare agency in each such state of previous residence.

(4) The prospective successor guardian must inform the social services official that has entered into an agreement with the relative guardian for payments under this Part in writing of the death or incapacity of the relative guardian and of the prospective successor guardian's desire to enforce the provisions in the agreement that authorize kinship guardianship assistance payments to him or her in the event of the death or incapacity of the relative guardian.

(5) The clearances required by paragraph (3) of this subdivision must be conducted following receipt by the social services official of the written communication required by paragraph (4) of this subdivision.

(d) If the social services official determines that the child is eligible for kinship guardianship assistance payments and that it is in the best interests of the child for the relative to become the legal guardian of the child, the social services official must enter into an agreement with the prospective relative guardian authorizing the provision of kinship guardianship assistance payments, non-recurring guardianship expense payments, and other services and payments available under this Part subject to the issuance by the court of letters of guardianship of the child to the prospective relative guardian or guardians and the child being finally discharged from foster care to such relative or relatives. In determining whether it is in the best interests of the child for the prospective relative guardian to become the relative guardian of the child, the social services official must determine and document that compelling reasons exist for determining that the return home of the child and the adoption of the child are not in the best interests of the child and are, therefore, not appropriate permanency goals. The determination of best interests made pursuant to this subdivision must be documented in accordance with section 428.5(c)(12) of this Title. A copy of the fully executed agreement must be provided by the social services official to the prospective relative guardian.

(e) The social services district must comply with the case plan documentation requirements set forth in section 428.5(c)(12) of this Title in regard to the administration of the kinship guardianship assistance and non-recurring guardianship expenses programs.

(f) A child remains eligible for kinship guardianship assistance payments under this Part when a successor guardian, as defined in section 436.1(i) of this Part assumes care and guardianship of the child.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 436.3

Amended New York State Register May 11, 2016/Volume XXXVIII, Issue 19, eff. 5/11/2016

Amended New York State Register March 15, 2017/Volume XXXIX, Issue 11, eff. 3/15/2017