N.Y. Comp. Codes R. & Regs. tit. 18 § 443.2

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

Section 443.2 - Authorized agency operating requirements

(a)Outreach.

Authorized agencies operating a foster family boarding home program must seek to recruit persons with the ability and motivation to serve children in need of a substitute family life.

(b)Inquiries.

Authorized agencies operating a foster family boarding home program must:

(1) respond in writing within 10 days to inquiries from persons interested in becoming foster parents and must have a written procedure for doing this;

(2) offer an appointment to each person inquiring about the program or shall arrange for them to attend an orientation meeting about foster family care;

(3) provide application and medical report forms to persons interested in the program at the time of the initial interview or the orientation meetings;

(4) inform persons who express and interest in becoming or who apply to become certified or approved foster parents, that as part of the application process, each applicant and each person over the age of 18 currently residing in the home of the applicant will be required to provide fingerprints in the form prescribed by the Office of Children and Family Services for the purpose of a criminal history record check by the Division of Criminal Justice Services and the Federal Bureau of Investigation in accordance with the provisions set forth in section 443.8 of this Part.

(5)

(i) inform persons who express an interest in becoming, or who apply to become a certified or approved foster parent, that the agency must inquire of the Office of Children and Family Services whether any person who applies for certification or approval to be a foster parent and whether any person over the age of 18 who resides in the home of the applicant is the subject of an indicated child abuse or maltreatment report on file with the Statewide Central Register of Child Abuse and Maltreatment and inform such persons that if they, or any other person over the age of 18 who resides in the home of the applicant, resided in another state at any time during the five years preceding the application for certification or approval as a foster parent made in accordance with this Part, the agency will 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; and

(ii) inform persons who express an interest in becoming foster parents or who apply to become certified or approved foster parents, that as part of the application process the agency must inquire of the Justice Center for the Protection of People with Special Needs whether any person who applies for certification or approval as a foster parent and whether any person over the age of 18 who resides in the home of the applicant is listed on the register of substantiated category one cases of abuse or neglect maintained by the Justice Center for the Protection of People with Special Needs.

(6) require applicants for certification or approval to complete the forms which are necessary for the agency to inquire of the Office of Children and Family Services and the Justice Center for the Protection of People with Special Needs whether the applicant and any person over the age of 18 who resides in the home of the applicant is the subject of an indicated child abuse or maltreatment report on file with the Statewide Central Register of Child Abuse and Maltreatment and/or is listed on the register of substantiated category one cases of abuse or neglect maintained by the Justice Center for the Protection of People with Special Needs and, where applicable, to request child abuse and maltreatment information from the applicable child welfare agency of the state where the applicant or other person 18 years of age or older resided in the five years preceding the application for certification or approval as a foster parent. This includes foster parents who are completing a new application in the following situations:

(i) an initial application for certification or a letter of approval as a foster parent has been received;

(ii) an application for certification or approval as foster parents has expired because it has been pending for six months or more;

(iii) a previously certified or approved foster home that was closed is to be reopened; or

(iv) a new adult spouse of a foster parent has come into the home and has applied for certification or approval as a foster parent;

(7) inquire of the Office of Children and Family Services and the Justice Center for the Protection of People with Special Needs whether an applicant, and any person 18 years of age or older who resides in the home of the applicant, is the subject of an indicated child abuse or maltreatment report on file with the Statewide Central Register of Child Abuse and Maltreatment and/or is listed on the register of substantiated category one cases of abuse or neglect maintained by the Justice Center for the Protection of People with Special Needs and, if the applicant or other person 18 years of age or older who resides in the home of the applicant resided in another state in the five years preceding the application for certification or approval as a foster parent made pursuant to this Part, request child abuse and maltreatment information maintained by the child abuse and maltreatment registry from the applicable child welfare agency of each such state of previous residence;

(8) determine, on the basis of the information it has available and in accordance with guidelines developed by the Office of Children and Family Services, whether to approve the applicant if an applicant or any person 18 years of age or older who resides in the home of the applicant is the subject of an indicated report of child abuse or maltreatment on file with the Statewide Central Register of Child Abuse and Maltreatment and/or with another state's child abuse and maltreatment registry and/or is listed on the register of substantiated category one cases of abuse or neglect maintained by the Justice Center for the Protection of People with Special Needs, except that any social services district which had guidelines for the review of persons who are subjects of indicated reports of child abuse or maltreatment in use prior to January 1, 1986 may continue to use the district guidelines in making the required determination;

(9) if such an applicant is approved, the agency must maintain a written record, as part of the application file, which sets forth the specific reason(s) why the applicant was determined to be appropriate and acceptable to be certified or approved as a foster parent. If the agency denies the application, the agency must furnish the applicant with a written statement setting forth its reason(s) for the denial, including a statement indicating whether the denial was based in whole or in part on the existence of an indicated report. If the denial is based in whole or in part on the existence of an indicated report of child abuse or maltreatment on file with the Statewide Central Register of Child Abuse and Maltreatment which names the applicant as a subject, the notice of denial must also inform the applicant, in the form prescribed by the Office of Children and Family Services, that:

(i) the applicant has the right, pursuant to section 424-a of the Social Services Law, to request a hearing before the Office of Children and Family Services regarding the record maintained by the Statewide Central Register of Child Abuse and Maltreatment;

(ii) a request for such a hearing must be made within 60 days of the receipt of the notice of denial indicating that the denial was based in whole or in part on the existence of the indicated report; and

(iii) the sole issue at any such hearing will be whether the applicant has been shown by a fair preponderance of the evidence to have committed the act or acts of child abuse or maltreatment giving rise to the indicated report;

(10) reconsider its decision to deny the applicant foster care certification or approval which was based in whole or in part on the existence of an indicated report of child abuse or maltreatment whenever the agency is informed by the Office of Children and Family Services that, as a result of a hearing held pursuant to a request made in accordance with paragraph (8) of this subdivision and section 424-a of the Social Services Law, the Office of Children and Family Services has failed to show by a fair preponderance of the evidence that the applicant committed the act or acts upon which the indicated report is based and that the agency's decision to deny the applicant should be reconsidered. Upon receiving such notification from the Office of Children and Family Services, the agency should review its denial without considering the indicated report;

(11) require a joint application to be submitted by married individuals living in the same household;

(12) utilize the application form to elicit information including, but not limited to the following:

(i) age;

(ii) health;

(iii) physical functioning;

(iv) income;

(v) marital status;

(vi) employment of the applicants;

(vii) information regarding the physical facilities of the prospective foster home;

(viii) the names of those persons who will be sharing living accommodations with the child in foster care, including the names of persons 18 years of age or older living in the home;

(ix) whether any other application for certification or approval has ever been made, whether such application was accepted or rejected and, if rejected, the reasons therefor;

(13) each agency must establish a procedure to review and evaluate the backgrounds of and information supplied by all applicants for certification or approval. As part of this procedure, applicants must be required to submit all of the following information:

(i) a statement or summary of the applicant's employment history, including but not limited to any relevant child-caring experience;

(ii) names, addresses and, where applicable, telephone numbers of references who can verify the applicant's employment history, work record and qualifications;

(iii) names, addresses and telephone numbers of at least three personal references, other than relatives, who can attest to the applicant's character, habits, reputation and personal qualifications and which must be verified in accordance with this section;

(iv) a sworn statement by the applicant indicating whether, to the best of the applicant's knowledge, the applicant or any other person over the age of 18 currently residing in the home has ever been convicted of a crime in New York State or any other jurisdiction. If an applicant discloses in the sworn statement that he/she or any other person over the age of 18 currently residing in the home has been convicted of a crime, the agency must determine, in accordance with guidelines developed and disseminated by the Office of Children and Family Services to the extent consistent with section 443.8 of this Part, whether to approve such applicant. If the agency determines that it will approve the applicant to receive a foster care placement, the agency must maintain a written record, as part of the application and home study file of such applicant, of the reason(s) why the applicant was determined to be appropriate and acceptable to be certified or approved as a foster parent; and

(v) completed fingerprint cards for the applicant(s) and each person over the age of 18 currently residing in the home of such applicant(s). The authorized agency must promptly submit such fingerprint cards to the Office of Children and Family Services for forwarding to the Division of Criminal Justice Services to perform a criminal history record check by the Division of Criminal Justice Services and the Federal Bureau of Investigation. The authorized agency must use the information obtained through the criminal history record check(s) in accordance with section 443.8 of this Part;

(14) acknowledge, within 10 days of receipt of a completed application, receipt of such form and either reject the applicant for home study or accept the applicant for home study. Such acceptance must be conditioned on the submission of an acceptable medical report form;

(15) reject an application for home study only on the basis of information in the application or medical report forms or the criminal history record check or the Statewide Central Register of Child Abuse and Maltreatment check or information provided by another state's child abuse and maltreatment registry or the register of substantiated category one cases of abuse or neglect maintained by the Justice Center for the Protection of People with Special Needs. A person whose application is not accepted must be advised in writing of the reason(s) for rejection;

(16) require that a medical report form must be filed with the agency either prior to or after acceptance for a home study. The completion of the home study required by this Part must be conditioned upon the submission of an acceptable medical report form. The medical report form must cover a physical examination of the applicant(s) conducted not more than one year preceding the date that the application is submitted to an authorized agency that was conducted by a physician, physician assistant, nurse practitioner or other licensed and qualified health care practitioner, as appropriate, regarding the members of the foster family's general health, that indicates the absence of communicable disease, infection or illness or any physical or mental conditions which might affect the proper care of a foster child, or that presence of any identified affliction does not pose a risk to the health and safety of children.

(17) if the applicant and the applicant's family have previously completed a medical exam for an adoption study, that medical report will satisfy the requirement of paragraph (16) of this subdivision if the report has been completed within the past year;

(18) unless an application has been rejected prior to submission of the medical report form in accordance with paragraph (16) of this subdivision, within 15 days of receipt of a medical report form an agency must acknowledge receipt of such form and must either accept or reject the applicant for a home study. A person whose application is not accepted based on an unacceptable medical report must be advised in writing of the reasons for such rejection;

(19) treat all reopenings of foster homes that have closed as requests for a new certificate or approval. A new application must be completed regardless of how long the home has been closed. The only exception to this requirement is when a reopening occurs for administrative reasons, i.e., when the home should not have been closed initially but because it was, a reopening is necessary.

(20) In addition to the requirements set forth in paragraphs (4) and (5) of this subdivision, the authorized agency to which the person has applied for certification or approval as a foster parent must review information available in the CONNECTIONS system to determine whether such person previously held a certificate or letter of approval as a foster parent and, if so, whether such certificate or letter of approval was revoked, not renewed, or a foster child was removed from the applicant's home for health and safety reasons and must consider such information in determining whether a certificate or letter of approval should be issued to such applicant. All such inquiries must be completed and evaluated before the authorized agency may issue a certificate or letter of approval to the applicant.

(c)Home study.

Authorized agencies must complete a home study within four months after acceptance of an application unless delays occur as a result of circumstances beyond the control of the agency or unless the schedule for interviews with the applicant is changed by mutual consent of the applicant and the agency representative.

(1) A home study and evaluation of the members of the foster family household or the relative's family household must determine compliance with all of the following criteria for certification or approval:

(i) Age. Each foster parent must be over the age of 21.

(ii) Health. Each member of the household of the foster family must be in good physical and mental health and free from communicable diseases. However, physical handicaps or illness of foster parents or members of their household must be a consideration only as they affect the ability to provide adequate care to foster children or may affect an individual child's adjustment to the foster family. Cases must be evaluated on an individual basis with assistance of a medical consultant when indicated. A written report from a physician, physician assistant, nurse practitioner or other licensed and qualified health care practitioner as appropriate, on the health of a family, including a complete physical examination of the applicant, must be filed with the agency initially and biennially thereafter. Additional medical reports must be furnished upon the request of either the agency worker or the foster parent. Such reports must conform to the standards set forth in this Part.

(iii) Employment. Employment of a foster parent outside the home must be permitted when there are suitable plans for the care and supervision of the child at all times, including after school and during the summer. Such plans must be made part of the foster family record and must receive prior agency approval, unless only one of the two foster parents is working outside the home.

(iv) Marital status. The marital status of an applicant may be a factor in determining whether or not a certification or approval will be granted only as it affects the ability to provide adequate care to foster children. Changes in marital status of certificate and letter of approval holders must be reported to the authorized agency and existing certificates or letters of approval may be revoked and new certificates or letters of approval issued consistent with the best interests of the child.

(v) Character. Each applicant for certification or approval must be required to provide the agency with the names of three persons who may be contacted for references. The agency must seek signed statements from these persons attesting to the applicant's moral character, mature judgment, ability to manage financial resources and capacity for developing a meaningful relationship with children, or utilize in-person interviews attesting to the same.

(vi) Ability and motivation. The agency must explore each applicant's understanding of the role of a foster parent and the applicant's ability, motivation and psychological readiness to be a foster parent in accordance with guidelines issued by the office. The agency also must explore the understanding of the other members of the household about foster care and their concept of a foster child's role in the family.

(2) Authorized agencies must advise applicants at the outset of the home study process that the agency decision to either certify or approve or not to certify or approve them for foster family care will be presented in writing, and that applicants who are rejected will be offered a personal interview in accordance with the provisions of this Part.

(3) When an authorized agency decides to discontinue a home study or to deny certification or approval upon completion of the home study, it must advise the applicant in writing of the reasons for the agency's decision and must offer an interview to discuss the decision.

(4) A plan to discontinue a home study or to deny certification or approval for foster family care must be reviewed and approved by one or more supervisory level personnel unless the home study was discontinued at the request of the applicant.

(5) When an agency denies an application for certification or approval on the basis, in whole or in part, that the Office of Children and Family Services has notified the agency that the applicant is the subject of an indicated report of child abuse or maltreatment on file with the Statewide Central Register of Child Abuse and Maltreatment, the applicant may request a hearing in accordance with the provisions of this section and section 424-a of the Social Services Law.

(6) An application for certification or approval that has been pending for six months due to failure of the applicant to provide information requested or to cooperate with the approval or certification process will be considered expired. This expiration will require a new application for those prospective foster parents who still seek certification or approval.

(7)

(i) When an authorized agency, as defined in section 371 (10)(b) of the Social Services Law, denies an application pursuant to section 443.8 of this Part, the authorized agency must provide to the applicant a written statement setting forth the reasons for such denial, including the summary of the criminal history record provided by the Office of Children and Family Services in accordance with this Part. The authorized agency, to the extent authorized by section 443.8 of this Part, must also provide a description of the Division of Criminal Justice Services' and Federal Bureau of Investigation's record review process and any remedial processes provided by the Office of Children and Family Services to any prospective foster parents or prospective adoptive parent. If the applicant is disqualified under section 443.8(e)(1)(i)(b) of this Part for a felony conviction of spousal abuse, then the applicant may apply to the Office of Children and Family Services through an administrative hearing held in accordance with section 22 of the Social Services Law for relief from the disqualification based on the ground that the offense was not spousal abuse as that term is defined in section 443.8(i) of this Part.

(ii) When an authorized agency, as defined in section 371 (10)(a) of the Social Services Law, denies an application pursuant to section 443.8 of this Part based on the results of a criminal history record check conducted by the Division of Criminal Justice Services, the authorized agency must provide to the applicant a written statement setting forth the reasons for such denial, including the summary of the criminal history record provided by the Office of Children and Family Services in accordance with this Part. The authorized agency, to the extent authorized by section 443.8 of this Part, must also provide a description of the Division of Criminal Justice Services' record review process and any remedial processes provided by the Office of Children and Family Services to any prospective foster parents or prospective adoptive parent. If the applicant is disqualified under section 443.8(e)(1)(i)(b) of this Part for a felony conviction of spousal abuse, then the applicant may apply to the Office of Children and Family Services through an administrative hearing held in accordance with section 22 of the Social Services Law for relief from the disqualification based on the ground that the offense was not spousal abuse as that term is defined in section 443.8(i) of this Part.

(iii) When an authorized agency, as defined in section 371 (10)(a) of the Social Services Law, denies an application pursuant to section 443.8 of this Part when directed to do so by the Office of Children and Family Services based on the results of the criminal history record check conducted by the Federal Bureau of Investigation, the authorized agency must provide to the applicant a written statement setting forth the reasons for such denial. The Office of Children and Family Services must also notify the prospective foster parent or other person over the age of 18 who currently resides in the home of the applicant in accordance with the standards set forth in section 443.8 of this Part. If the applicant is disqualified under section 443.8(e)(i)(i)(b) of this Part for a felony conviction of spousal abuse, then the applicant may apply to the Office of Children and Family Services through an administrative hearing held in accordance with section 22 of the Social Services Law for relief from the disqualification based on the ground that the offense was not spousal abuse as that term is defined in section 443.8(i) of this Part.

(8) Foster Family Boarding Home Applicants with Approved Adoptive Home Studies. Authorized agencies may use relevant and timely information from a previously approved adoptive home study completed in accordance with Part 421 of this Title to assist in completion of the foster family boarding home study. Information from a previous adoptive home study does not automatically satisfy the requirements for a foster family boarding home study. Any additional or differing requirements pursuant to Part 443 of this Title and any other standards prescribed by the Office of Children and Family Services for foster family boarding home certification or approval must be met. Authorized agencies that use information from a previously approved adoptive home study must do so by taking the following steps:

(i) review the information about the family obtained in the approved adoptive home study that is available to the agency staff conducting the foster family boarding home study;

(ii) identify any information that does not meet the standards of Part 443 of this Title or any standards prescribed by the Office of Children and Family Services;

(iii) identify any information needed for a foster family boarding home study that is lacking or information from the adoptive home study which is no longer accurate;

(iv) identify areas including family functioning that may need further exploration or strengthening;

(v) clarify for the applicant the difference between adoption and foster care including, but not limited to, those related to subsidies; and

(vi) conduct a foster family boarding home study process that:

(a) does not repeat information gathering activities with regard to information already available;

(b) obtains additional or updated information including obtaining the results of any criminal history record check completed on the applicant and each person over the age of 18 currently residing in the home of the applicant in accordance with section 427.27 of this Title, conducting a state criminal history record check through the Division of Criminal Justice Services on any person over the age of 18 in the home who has not previously had such a state criminal history check, and conducting a national criminal history record check through the Federal Bureau of Investigation on the applicant and each person over the age of 18 currently residing in the home of the applicant;

(c) focuses on areas needing further exploration or strengthening;

(d) includes inquiring of the Office of Children and Family Services whether an applicant or other person over the age of 18 who resides in the home of the applicant is the subject of an indicated report of child abuse or maltreatment on file with the Statewide Central Register of Child Abuse and Maltreatment, in accordance with paragraph (7) of subdivision (b) of this section, and, if the applicant or other person over the age of 18 who resides in the home of the applicant resided in another state at any time during the five years preceding the application made pursuant to this section, includes inquiring of the applicable child welfare agency in each such state for child abuse and maltreatment information maintained by that state's child abuse and maltreatment registry, in accordance with paragraph (7) of subdivision (b) of this section; and

(e) includes inquiring of the Justice Center for the Protection of People with Special Needs whether an applicant or other person over the age of 18 who resides in the home of the applicant is listed on the register of substantiated category one cases of abuse or neglect maintained by the Justice Center for the Protection of People with Special Needs, in accordance with paragraph (7) of subdivision (b) of this section.

(d)Foster parent orientation.

(1) Authorized agencies must orient applicants who have been accepted for a home study or, in the case of relatives who are in the process of a home study, to:

(i) the social, family and personal problems that lead to family breakdown and the need for the placement of children;

(ii) the problems and reactions of children upon separation, and the function and responsibility of the foster family in relation to the child, the natural parents, and the agency staff;

(iii) the agency policy and practice to have defined goals to achieve permanency for each child entering the foster care system;

(iv) the authority of the local social services districts, the Office of Children and Family Services and Family Court to supervise the agency's practice;

(v) the nature of the relationship of agency staff to foster parents and children, including definitions of the function and responsibility of the social workers assigned to the children and their families;

(vi) the payments to foster parents for care and expenses; the definition of foster family care, certification or approval of the home; and

(vii) the rights and responsibilities of a foster parent as defined by a letter of understanding that must be executed at the time of certification or approval.

(e)Training and placement information.

(1)

(i) Authorized agencies must provide training to each certified or approved foster parent in a training program approved by the Office of Children and Family Services which will prepare foster parents to meet the needs of children in their care so that the best interests of the children placed by the certifying or approving agency will be met.

(ii) Such training must include knowledge and skills relating to the reasonable and prudent parent standard, as defined in section 441.25 of this Title, for the participation of the child in foster care in age or developmentally-appropriate activities, including knowledge and skills relating to the developmental stages of the cognition, emotional, physical, and behavioral capacities of a child. Such training must also include knowledge and skills relating to applying the standard to decisions such as whether to allow the child to engage in extracurricular, enrichment, cultural, and social activities, including sports, field trips, and overnight activities lasting one day or more, and to decisions involving the signing of permission slips and arranging transportation for the child to and from extracurricular, enrichment and social activities.

(iii) Such training will, as appropriate, help the foster parent to understand the issues confronting children preparing for another planned living arrangement with a permanency resource; and will, to the extent possible, be coordinated with a child's program to develop life skills for the purpose of preparing for another planned living arrangement with a permanency resource.

(iv) Such training must also include information on eligibility for the kinship guardianship assistance and the non-recurring guardianship expenses programs, and the medical coverage available to certain relative foster parents under the kinship guardianship assistance program.

(2) Before a child is placed in a foster home, authorized agencies must prepare the foster parent with appropriate knowledge and skills to provide for the needs of the child. Such preparation must be continued, as needed, after the placement of the child.

(3) Authorized agencies shall provide basic information to foster parents about each child who is to be placed in the home. Where a child is placed on emergency basis, such information shall be provided within 30 days of placement. Information shall include, but need not be limited to, the following topics:

(i) the estimated length of time a child may need to be in placement and the assumptions and knowledge on which the estimate is based;

(ii) the health of the child, including the procedure to be followed in obtaining consent for emergency medical treatment in accordance with section 507.5 of this Title and the child's medical history in accordance with the provisions of section 357.3 of this Title;

(iii) handicaps or behavior problems;

(iv) school and educational experiences;

(v) the relationship of the child and the natural parents;

(vi) requirements and plans for visitation of and by the natural family, including probable location of such visits; and

(vii) placement and discharge goals.

(f)Recordkeeping.

Authorized agencies must develop a record for each foster parent applicant and each certified or approved foster parent that must include, but not necessarily be limited to:

(1) the application;

(2) medical report(s);

(3) summary of the home study;

(4) interviews with applicants;

(5) personal references;

(6) placement/action record listing the names of children placed in the home, with the dates of the children's placement and removal;

(7) summary of each annual evaluation made pursuant to section 443.10 of this Part;

(8) physical description of the home, including allocation of space;

(9) summary of agency conference that clarifies the basis for each decision that affects the applicant's status with the agency;

(10) copies of correspondence with the applicant;

(11) reports from the Office of Children and Family Services and the Justice Center for the Protection of People with Special Needs which notifies the agency whether the applicant for certification or approval or other person 18 years of age or older who resides in the home of the applicant is the subject of an indicated report of child abuse or maltreatment on file with the Statewide Central Register of Child Abuse and Maltreatment and/or is listed on the register of substantiated category one cases of abuse or neglect maintained by the Justice Center for the Protection of People with Special Needs and, where applicable, information from the child abuse and maltreatment registry of another state;

(12) responses from the Office of Children and Family Services regarding the criminal history record check(s) conducted in accordance with section 443.8 of this Part;

(13) if the prospective foster parent is certified or approved, or if the renewal of a certification or approval or an existing foster parent is not denied, notwithstanding that the authorized agency is notified by the Office of Children and Family Services that the prospective foster parent or any other person over the age of 18 who is currently residing in the home of the prospective or existing foster parent has a criminal history record of a discretionary disqualifying crime, a record of the reasons why the prospective or existing foster parent was determined to be appropriate and acceptable to receive a foster care placement, provided, however, the authorized agency may not grant or continue certification or approval where a prospective or existing foster parent has been convicted of a mandatory disqualifying crime or where an authorized agency, as defined in section 371 (10)(a) of the Social Services Law, has been directed by the Office of Children and Family Services to deny such application for certification or approval or to hold such application in abeyance because of the results of the Federal Bureau of Investigation criminal history record check conducted in accordance with section 443.8 of this Part; and

(14) if the application for certification or approval is granted, notwithstanding that the agency is notified by the Office of Children and Family Services, a child welfare agency of another state or the Justice Center for the Protection of People with Special Needs that the applicant or other person 18 years of age or older who resides in the home of the applicant is the subject of an indicated child abuse or maltreatment report on file with the Statewide Central Register of Child Abuse and Maltreatment and/or the child abuse or maltreatment register of another state or is listed on the register of substantiated category one cases of abuse or neglect maintained by the Justice Center for the Protection of People with Special Needs, a record of the reasons why the applicant was determined to be appropriate and acceptable to receive a foster care placement.

(g)Interstate placements.

(1) The provisions of this section apply when the Office of Children and Family Services, through the Interstate Compact on the Placement of Children, receives a request to conduct a home study for the certification or approval of a person or persons in New York as foster parents for the placement of a foster child or children from another state.

(2) Upon receipt of such request, the Office of Children and Family Services will forthwith transmit the request to the social services district in which the prospective foster parent(s) reside for the purpose of conducting a home study and certifying or approving the prospective foster parent(s) in accordance with the standards of this Part.

(3) The social services district must conduct and complete a home study of the prospective foster parent(s) in accordance with subdivision (c) of this section and as defined in paragraph (6) of this subdivision. The social services district may conduct the home study directly or may use a voluntary authorized agency under contract with the social services district or a voluntary authorized agency under contract with the Office of Children and Family Services to conduct the home study. If the social services district uses a voluntary authorized agency under contract with the Office of Children and Family Services to conduct the home study, the costs of the home study will be charged back to the social services district in which the prospective foster parent(s) reside and such costs are subject to state reimbursement as a foster care service.

(4) Notwithstanding the time frames set forth in subdivision (c) of this section, the social services district or the voluntary authorized agency must complete the home study and simultaneously return such home study to the Office of Children and Family Services and to the state or local agency which submitted the request set forth in paragraph (1) of this subdivision within 60 days of the receipt of the request by the Office of Children and Family Services. Provided, however, for requests made on or before September 30, 2008, if the social services district or the voluntary authorized agency is not able to complete the home study within 60 days of the receipt of the request because of circumstances beyond their control, including, but not limited to, the failure to receive documentation on background checks or to receive medical forms and if such social services district or voluntary authorized agency requested such documentation at least 45 days before the end of the above referenced 60 day period, the social services district or voluntary authorized agency will have 75 days from the date of the receipt of the request to complete the home study.

(5) Nothing herein requires that the prospective foster parent(s) complete the education or training requirements of this Part for the completion of the home study. Nothing herein requires that the complete certification or approval process otherwise required by this Part be concluded within the time frames set forth in paragraph (4) of this subdivision.

(6) The term home study means an assessment of the safety and suitability of placing the child in the home of the prospective foster parent(s) based on an evaluation of a home environment conducted in accordance with applicable requirements of this Part to determine whether the proposed placement would meet the individual needs of the child, including the child's safety; permanency; health; well-being; and mental, emotional, and physical development.

(7) Where a social services district proposes to place a foster child with prospective foster parent(s) in another state, the social services district must treat a home study received from another state, Indian tribe or private agency under contract with the other state as meeting the requirements imposed by New York State for the completion of a home study before placing a child or children in the home, unless within 14 days of receipt of the home study, the social services district determines, based on the content of the home study, that making a decision in reliance on the home study would be contrary to the welfare of the child or children.

(h)Inter-county placements.

(1) Where a social services district proposes to place a foster child with prospective foster parent(s) who reside in another social services district, the prospective foster parent(s) may apply to the social services district in which the prospective foster parent(s) reside for certification or approval as foster parent(s) in accordance with this Part. The social services district in which the prospective foster parent(s) reside is responsible for processing the application and performing the home study in accordance with subdivision (c) of this section. The social services district may conduct the home study directly or may use a voluntary authorized agency under contract with the social services district or a voluntary authorized agency under contract with the Office of Children and Family Services to conduct the home study. If the social services district uses a voluntary authorized agency under contract with the Office of Children and Family Services to conduct the home study, the costs of the home study will be charged back to the social services district in which the prospective foster parent(s) reside and such costs are subject to state reimbursement as a foster care service.

(2) The social services district in which the prospective foster parent(s) reside or voluntary authorized agency must complete the home study within 60 days of the receipt of the application for certification or approval to be foster parent(s). Provided, however, for requests made on or before September 30, 2008, if the social services district or voluntary authorized agency is not able to complete the home study within 60 days of the receipt of the request because of circumstances beyond its control, including, but not limited to, the failure to receive documentation of background checks or to receive medical forms, and if the social services district or voluntary authorized agency requested such documentation at least 45 days before the end of the above referenced 60 day period, the social services district or voluntary authorized agency will have 75 days from the date of the receipt of the request to complete and forward the home study as noted above.

(3) A social services district or a voluntary authorized agency may not refuse to provide an application or delay or deny a home study to a person seeking certification or approval as a foster parent on the basis that such person is seeking to provide care for a child who is in the custody of another authorized agency.

(i)Confidentiality of out-of-state child abuse and maltreatment information.

The authorized agency must safeguard the confidentiality of the information received from the applicable child welfare agency in the other state in accordance with subdivision (b) of this section to prevent unauthorized disclosure and the authorized agency is prohibited from using such information for any purpose other that conducting background checks pursuant to this Part.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 443.2

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

Amended New York State Register December 23, 2015/Volume XXXVII, Issue 51, eff. 12/23/2015

Amended New York State Register January 25, 2017/Volume XXXIX, Issue 04, eff. 1/25/2017

Amended New York State Register April 26, 2017/Volume XXXIX, Issue 17, eff. 4/26/2017

Amended New York State Register September 16, 2020/Volume XLII, Issue 37, eff. 9/16/2020

Amended New York State Register January 24, 2024/Volume XLVI, Issue 4, eff. 1/24/2024