N.Y. Comp. Codes R. & Regs. tit. 18 § 439.2

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

Section 439.2 - Required Assessment

(a) Prior to a child's placement in a qualified residential treatment program, as defined in section 441.2 of this Title, but at least within 30 days of the start of a placement in a qualified residential treatment program of where the placement into the qualified residential treatment program would occur on or after September 29, 2021, a qualified individual as defined in section 441.2 of this Title shall complete an assessment as to the appropriateness of such placement utilizing an age-appropriate, evidence-based, validated, functional assessment tool approved by the federal government for such purpose.

(b) Such assessment shall be in accordance with section 409-h of the Social Services Law and any applicable federal requirements, and shall include, at minimum:

(1) An assessment of the strengths and needs of the child;

(2) A determination of the most effective and appropriate level of care for the child in the least restrictive setting, including whether the needs of the child can be met with family members or through placement in a foster family home, or a qualified residential treatment program or a qualified residential treatment program exception, as such terms are defined in section 441.2 of this Title, consistent with the short-term and long-term goals for the child as specified in the child's permanency plan. Such assessment shall be completed in conjunction with the family and permanency team established pursuant to section 439.3 of this Part; and

(3) Develop a list of child-specific short-and long-term mental and behavioral health goals.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 439.2

Adopted New York State Register March 9, 2022/Volume XLIV, Issue 10, eff. 3/9/2022