N.Y. Comp. Codes R. & Regs. tit. 18 § 443.6

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

Section 443.6 - Return to foster family care after interruption in care; return to a family boarding home following placement in a foster care institution

(a) Whenever a social services official, or an authorized agency acting on such official's behalf, determines that it is in the best interests of a child to be placed in the foster family home in which the child was last placed, when such child is returning to the foster care system after an interruption in care or returning to a family boarding home following placement in a foster care institution, the local social services district or the authorized agency shall place the child returning to care or returning to a family boarding home with the child's prior foster parent(s).

(b) When placement is made in compliance with the provisions of this section, the local social services official or the authorized agency shall waive the restrictions on the number of children who may reside in a foster family home, notwithstanding subdivisions 3 and 4 of section 378 of the Social Services Law and sections 427.2(d) of this Title and 443.3 of this Part.

(c) The following factors must be considered in all determinations as to whether it is in the best interest of the child to place the child with his/her prior foster parent(s) when such child is returning to foster care or returning to a family boarding home following placement in a foster care institution:

(1) certification/approval status of the prior foster parent(s);

(2) length of time in placement with prior foster parent(s) and quality of relationship that developed during the placement;

(3) length of time since placement with the prior foster parent(s);

(4) basis for the child's discharge from placement with the prior foster parent(s);

(5) willingness of prior foster parent(s) to accept returning child;

(6) willingness of child to return to prior foster parent(s);

(7) availability of space in the foster home;

(8) ability of prior foster parent(s) to care for returning child;

(9) proximity to prospective adoptive parents, if return to care was caused by temporary disruptionof adoptive placement;

(10) proximity to siblings in care, if applicable; and

(11) compliance with standards for appropriateness of placement and compliance with other applicable Office of Children and Family Services' regulations.

(d) In the event a child returning to the foster care system has been placed with foster parent(s) other than the prior foster parent(s), the following factors must also be considered in the social services official's or agency's determination of the best interest of the child:

(1) how well the child is faring in the new placement; and

(2) the impact of removal of the child from the new foster parents and return to the foster parents with whom he/she was last placed.

(e) The local social services district or the authorized agency receiving the child for care or which is placing the child following placement in a foster care institution shall document the basis for determinations which result in placement of the child in a new foster family home, rather than with his/her prior foster parents, in the first assessment summary on the uniform case record after the child is placed in accordance with Part 428 of this Title.

(f) The local social services official or any authorized agency acting on such official's behalf shall institute a supervisory review process to ensure that all cases in which children are returning to care or are returning to a family boarding home following placement in a foster care institution are properly assessed for a determination as to whether it would be in the best interests of the child to be placed with his/her prior foster parent(s).

N.Y. Comp. Codes R. & Regs. Tit. 18 § 443.6

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