N.Y. Comp. Codes R. & Regs. tit. 18 § 446.3

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

Section 446.3 - Establishing a designated emergency foster family boarding home

(a) A designated emergency foster family boarding home may be established directly by a public authorized agency as defined in section 441.2(c) of this Title or by a voluntary authorized agency, as defined in section 441.2(d) of this Title, through a purchase of service contract with a public authorized agency. A designated emergency foster family boarding home must be certified or approved pursuant to Part 443 of this Title and must be designated exclusively for emergency use by either a public or private authorized agency; provided, however, that a designated emergency foster family boarding home may also be approved and used as a respite care and services provider pursuant to Part 435 of this Title.

(b) In order for a foster home to be designated exclusively for emergency use, the foster parent must agree to participate in the foster parent training described in section 446.5 of this Part.

(c) Except as otherwise permitted by paragraph (1) of this subdivision, a designated emergency foster family boarding home must be used exclusively to serve children entering foster care on an emergency basis.

(1) Pursuant to section 443.3(o)(2) of this Title, an authorized agency may use a designated emergency foster family boarding home for any foster care purpose other than emergency care of children or an approved respite care and services provider when the agency determines such use is necessary in order to place a child, is in the best interests of the child, and is consistent with the health, safety and welfare of other children receiving care in the home. A report on the use of the designated emergency foster family boarding home for other than emergency foster care placements or respite care and services must be made to the appropriate regional office of the Office of Children and Family Services within 15 days of the placement by the agency making the placement.

(2) If a child cannot be returned home within 60 days as planned, the emergency foster family home may continue to serve the child as a non-emergency foster family home at a rate not to exceed 100 percent of the maximum State aid rate.

(d) An authorized agency which supervises a designated emergency foster family boarding home must comply with all applicable requirements of Parts 441 and 443 of this Title. When such home is utilized as an approved respite care and services provider, the agency must also comply with all applicable requirements of Part 435 of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 446.3