N.Y. Comp. Codes R. & Regs. tit. 18 § 443.7

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

Section 443.7 - Agency procedures for certifying or approving potential emergency foster homes and emergency relative foster homes

(a) The home of a relative as defined in 443.1(h) of this Part of a foster child may be approved as an emergency foster home under the following allowable circumstances:

(1) Allowable circumstances:

(i) a child is removed from his or her own home pursuant to section 1021, 1022, 1024, or 1027 of the Family Court Act or a child is removed and placed into foster care pursuant to article 3, 7, 10, 10-B or 10-C of the Family Court Act section 384-a of the Social Services Law; or

(ii) a child currently placed in a foster care setting needs to be placed in a foster home and the social services district documents within the uniform case record a compelling reason why such home needs to be approved on an emergency basis;

(2) The relative, identified in section 443.1(h) of this Part, is identified by the child, child's parent(s) or stepparent(s), the court, a representative of the local district or other interested party, as potentially appropriate to provide foster care to the child or such relative volunteers to provide foster care to the child.

(b) Before placing a foster child with a relative on an emergency basis the authorized agency must:

(1) secure a signed and dated statement from the relative indicating the exact relationship to the child and the child's parent(s), that the relative is willing to provide foster care for the child and an assurance that the relative understands that the child is in the legal custody of the commissioner of social services and that by accepting responsibility for providing foster care for the child, the relative agrees to comply with foster care requirements, including, but not limited to those involving the role and authority of the approving authorized agency and the social services district with legal custody of the child to supervise the placement.

(2) perform a home study of the relative's home and family on an expedited basis which assesses the relative's home to ensure that there is no apparent risk to the health and safety of the child;

(3) perform a home study of the relative's home and family on an expedited basis which assesses the relative's family, focusing on the following factors:

(i) the family's relationship with the child and the child's parent(s) or step-parent(s);

(ii) the care provided to other children in the home by the

relative;

(iii) the relative's knowledge of the circumstances and conditions that led to the need for the child's foster care placement;

(iv) the past role of the relative in helping and/or protecting the child from and/or preventing occurrences of abuse or maltreatment of the child; and

(v) the present ability of the relative to protect the child placed in its home from abuse or maltreatment and the relative's ability to understand the need to protect the child from abuse or maltreatment;

(4) explain to the relative the agency's role and authority to supervise the placement;

(5) obtain information necessary to contact character references pursuant to this Part; and

(6) review agency records to determine whether or not the relative(s) have a prior history of abuse or maltreatment.

(c) If the home is found suitable after the requirements of subdivision (b) of this section have been completed, it will be approved as an emergency relative foster home for 90 days from the date of placement of the child in the home.

(d) The relative must execute an agreement with the authorized agency within seven days of placement that provides that the relative will comply with provisions of this Part.

(e) Within seven days of placement, the authorized agency must obtain:

(1) a completed Statewide Central Register database check form, and submit such form to the Office of Children and Family Services pursuant to section 424-a of the Social Services Law and section 443.2(b)(7) and (8) of this Part;

(2) if the applicant or other person 18 years of age or older who resides in the home of the applicant resided in another state at any time during the five years preceding the emergency approval issued pursuant to this section, the documentation necessary to enable the agency to request child abuse and maltreatment information maintained in the child abuse and maltreatment registry from the applicable child welfare agency in each such state of previous residence; and

(3) a completed form to check the register of substantiated Category 1 cases of abuse or neglect maintained by the Justice Center for the Protection of People with Special Needs, and submit such form to the Justice Center for the Protection of People with Special Needs pursuant to section 495 of the Social Services Law and section 443.2(b)(7) and (8) of this Part.

(f) On the date of the foster child's placement in the approved emergency relative foster home or within one business day thereof, the authorized agency must provide a sufficient number of blank fingerprint cards for the foster parent(s) and each person over the age of 18 currently residing in such home and a description of how the completed fingerprint cards will be used upon submission to the authorized agency by the foster parent(s). The foster parent(s) must submit the completed fingerprint cards to the authorized agency no later than two weeks following receipt of such cards for the purpose of a criminal history record check performed by both the Division of Criminal Justice Services and the Federal Bureau of Investigation.

(g) Emergency relative foster homes approved on an expedited emergency basis for 90 days, may continue to provide foster care beyond the 90th day of placement if final approval was given on or before the end of the 90th day or if the provisions of subdivision (h) of this section apply. For an emergency relative foster home to receive final approval, all requirements for approval as a foster home as set forth in this Part must be met within 90 days from the date of placement.

(h)Continued placement.

(1) An emergency relative foster home approved on an emergency expedited basis for 90 days in accordance with this section may continue to provide foster care beyond the 90th day of approval as an emergency relative foster home when the foster parent has otherwise satisfied all of the requirements for final approval as an approved foster home except for:

(i) the completion of the Statewide Central Register of Child Abuse and Maltreatment database check process in accordance with section 443.2 of this Part; or

(ii) the completion of the process to check the Justice Center's 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 section 443.2 of this Part, or

(iii) the completion of the criminal history record check process in accordance with section 443.8 of this Part where the approved emergency relative foster parent has otherwise complied with the requirements of subdivisions (e) and (f) of this section, or

(iv) the submission of a completed medical report form required by section 443.2 of this Part if the authorized agency determines that barriers exist to timely submission of such completed form and the emergency relative foster parent is making reasonable efforts to overcome those barriers, with the assistance of the authorized agency, if necessary and practicable.

(2) Such approved emergency relative foster parent may continue to provide foster care until the completion of the Statewide Central Register of Child Abuse and Maltreatment check process as set forth in section 443.2 of this Part, the check of the Justice Center's register of substantiated Category one cases of abuse or neglect as set forth in section 443.2 of this Part, the criminal history record check process as set forth in section 443.8 of this Part, and submission of a completed medical report form as set forth in section 443.2 of this Part, or unless the approval is otherwise revoked by the authorized agency for cause in accordance with this Part.

(3) Upon receipt of the result(s) of the Statewide Central Register of Child Abuse and Maltreatment and the criminal history record check(s) from the Office of Children and Family Services, the check of the register of substantiated category one cases of abuse or neglect from the Justice Center for the Protection of People with Special Needs, and submission of a completed medical report form as set forth in section 443.2 of this Part, the authorized agency must make a decision whether to grant final approval of such emergency foster parent within 60 days of the receipt of such results. If, once the Statewide Central Register of Child Abuse and Maltreatment database check process, the Justice Center's register of substantiated category one cases of abuse or neglect check process, criminal history record check process are completed, a completed medical report form as set forth in section 443.2 of this Part is submitted, and the authorized agency determines that the home should continue to be approved, a final approval must be issued for the home.

(i) Failure to meet the requirements for approval of the foster home.

Except as set forth in this section, if the emergency relative foster parent(s) fails to meet all requirements for approval pursuant to this Part within 90 days from the date of placement, the authorized agency must:

(1) provide notice to the relative foster parents within the first 90 days of placement if such requirement(s) for approval as a foster home have not been or cannot be met. For any continuation of placement as described in subdivision (h) of this section, such notice must be provided no later than 20 days prior to the expiration date of the continuation of placement and must identify the particular problem(s) that constitute a barrier to approval as a foster home;

(2) revoke a foster parent(s) approval pursuant to section 443.12 of this Part if all requirements for approval are not met within the first 90 days from the date of placement;

(3) upon revocation of an approval, remove the child from the home of the relative foster parent, place such child in a suitable certified foster home or an approved relative foster home, and inform the relative of the right to request a hearing in accordance with the provisions of section 400 of the Social Services Law; and

(4) remove the child from the home of the relative pursuant to section 400 of the Social Services Law and section 443.5 of this Part when health and safety risks to the child warrant such removal and place the child in a suitable certified foster home or an approved relative foster home. At the time the child is removed from the home, the relative foster parent must be informed of the right to request a fair hearing in accordance with the provisions of section 400 of the Social Services Law.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 443.7

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 May 13, 2020/Volume XLII, Issue 19, eff. 5/13/2020

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