N.Y. Comp. Codes R. & Regs. tit. 18 § 439.5

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

Section 439.5 - Long Stayers - Special Provisions

(a) As used in this section the term "long stayer" shall mean any child who is placed in a qualified residential treatment program as defined in section 441.2 of this Title, for:

(1) More than 12 consecutive months when the child is age 13 or over; or

(2) More than 18 nonconsecutive months when the child is age 13 or over; or

(3) More than 6 consecutive or nonconsecutive months when the child has not yet attained 13 years of age.

(b)

(1) The local department of social services with care and custody or care custody and guardianship of the child who may become a long stayer as defined in subdivision (a) of this section, must submit a justification for such continued placement to the Office for a long stayer review, as described in this section.

(2)

(i)

(a) Prior to the local department of social services submitting a justification for continued placement of a child in a qualified residential treatment program to the Office for a long stayer review, such local department of social services shall arrange for a review.

(b) Such review shall consider, 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; and

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

(ii) For children age 13 or older approaching 12 consecutive months in a qualified residential treatment program, such justification shall be submitted by the local department of social services on or before day 310 of the child's placement;

(iii) For children age 13 or older approaching 18 nonconsecutive months in a qualified residential treatment program, such justification shall be submitted by the local department of social services on or before day 485 of the child's placement; and

(iv) For children under age 13, such justification shall be submitted by the local department of social services on or before day 125 of the child's placement in a qualified residential treatment program.

(c) The local department of social services with care and custody or care, custody and guardianship of the child shall be responsible for submitting to a qualified individual, or team of staff including licensed clinician(s) that have been regularly serving the child in the qualified residential treatment programs, all the necessary documentation to conduct the review required under this paragraph.

(d) Prior to submission of the necessary information to a local department of social services for submission to the Office of Children and Family Services, a qualified individual or team of staff including licensed clinician(s) that have been regularly serving the child in the qualified residential treatment programs, shall:

(1) Review all relevant information;

(2) Conduct an evaluation in accordance with t clause (b) of subparagraph (i) of paragraph (2) of this subdivision;

(3) Make a recommendation as to the necessity of the child's continued placement in a qualified residential treatment program; and

(4) Provide a written copy of such evaluation to the applicable local department of social services for submission to the Office of Children and Family Services.

(e)

(1)If the child is in the care and custody or care or custody and guardianship of a local department of social services, the commissioner of such local department of social services or their designee must review and certify the recommendation. As part of its review, the local department of social services shall:

(i) Review all relevant information;

(ii) Consider the evaluation in accordance with clause (b) of subparagraph(i) of paragraph (2) of this subdivision;

(iii) Make a recommendation as to the necessity of the child's continued placement in a qualified residential treatment program; and

(iv) Enter such determination into the system of record.

(f) If the local department of social services with care and custody or care, custody and guardianship of the child, following review of the justification for the child completed pursuant to paragraph (2) of this subdivision (b) of this section, determines that it is appropriate for the child to remain in the qualified residential treatment program placement, then such local department of social services shall submit to the Office of Children and Family Services:

(1) For children age 13 or older approaching 12 consecutive months in a qualified residential treatment program, such determination shall be submitted by the local department of social services on or before day 320 of the child's placement.

(2) For children age 13 or older 18 nonconsecutive months in a qualified residential treatment center, such determination shall be submitted by the local department of social services on or before day 495 of the child's placement.

(3) For children under age 13, such determination shall be submitted by the local department of social services on or before day 135 of the child's placement in a qualified residential treatment program.

(g) The Office of Children and Family Services will conduct a long stayer review, utilizing a long stayer review team, to determine if a continued placement in a qualified residential treatment program level of care is appropriate and required.

(1) Upon receipt of the required information the long stayer review team shall:

(i) Review the documentation for completeness. If the documentation is incomplete or if no such determination is submitted by the date due, the long stayer review team shall promptly notify the local department of social services that, if the missing information is not submitted within two days, the Office of Children and Family Services may deny the request for continued placement in a qualified residential treatment program.

(ii) If the long stayer review team determines that continued placement in the qualified residential treatment program is not supported, notify the local department of social services and the qualified residential treatment program of its decision and recommend that an appropriate placement be found for the child.

(a) For children age 13 or older approaching 12 consecutive months in a qualified residential treatment program, such notification shall be made by day 335 of the child's placement.

(b) For children age 13 or older approaching 18 nonconsecutive months in a qualified residential treatment program, such notification shall be made by day 515 of the child's placement.

(c) For children under age 13, such notification shall be made by day 155 of the child's placement in a qualified residential treatment program.

(iii) If the long stayer review team determines that continued placement in the qualified residential treatment program is supported, it shall submit its recommendation to the commissioner of the Office of Children and Family Services, or such commissioner's designee, for review and consideration, and for such commissioner or such commissioner's designee to make a determination regarding the appropriateness of the child's continued placement in a qualified residential treatment program.

(a) For children age 13 or older approaching 12 consecutive months in a qualified residential treatment program, such recommendation shall be submitted by day 340 of the child's placement.

(b) For children age 13 or older approaching 18 nonconsecutive months in a qualified residential treatment program, such recommendation shall be submitted by day 520 of the child's placement.

(c) For children under age 13, such recommendation shall be submitted by day 160 of the child's placement in a qualified residential treatment program.

(f) Formal notification of the commissioner's determination will be forwarded to any applicable local department of social services and the qualified residential treatment program and documented in the system of record.

(1) For children age 13 or older approaching 12 consecutive months in a qualified residential treatment program, such determination shall be forwarded by day 365 of the child's placement.

(2) For children age 13 or older approaching 18 nonconsecutive months in a qualified residential treatment program, such determination shall be forwarded by day 540 of the child's placement.

(3) For children under age 13, such information shall be submitted by day 180 of the child's placement in a qualified residential treatment program.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 439.5

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