New York Codes, Rules and Regulations
Title 18 - DEPARTMENT OF SOCIAL SERVICES
Chapter II - Regulations of the Department of Social Services
Subchapter C - Social Services
Article 2 - Family and Children's Services
Part 427 - STANDARDS OF PAYMENT FOR FOSTER CARE OF CHILDREN
Section 427.2 - Definitions

Universal Citation: 18 NY Comp Codes Rules and Regs ยง 427.2

Current through Register Vol. 46, No. 39, September 25, 2024

As used in this Part:

(a) Foster care of children means all activities and functions provided relative to the care of a child away from their home 24 hours per day in a foster family free home or a duly certified or approved foster family boarding home or a duly certified group home, agency boarding home, child care institution, a supervised setting, a qualified residential treatment program, programs for youth who have been or are at-risk of sex trafficking, specialized programs to serve prenatal, postpartum or parenting youth, or in a health care facility or any combination thereof.

(b) Standards of administration for foster care include the following:

(1) intake (study, summary, and information, referral, and assisting and arranging for services to prevent foster care);

(2) Residential program. The child is cared for away from their home 24 hours a day in a foster family free home; a duly licensed, certified, or approved foster family boarding home; a duly licensed or certified group home, agency boarding home, child care institution, supervised setting, a qualified residential treatment program, programs for youth who have been or are at-risk of sex trafficking, specialized programs to serve prenatal, postpartum or parenting youth, or in a health care facility; or any combination thereof.

(3) post-placement services (development and implementation of discharge service plans); and

(4) selection, development and supervision of foster care facilities.

(c) Foster child means a person who meets the following criteria contained in paragraphs (1) through (3) of this subdivision or the criteria contained in paragraph (4) of this subdivision:

(1) Age.
(i) the child is under the age of 18 years; or

(ii) is between the ages of 18 and 21 years and entered foster care before his or her 18th birthday, and has consented to remain in foster care past his or her 18th birthday; and
(a) is a student attending a school, college or university; or

(b) is regularly attending a course of vocational or technical training designed to fit him or her for gainful employment; or

(c) lacks the skills or ability to live independently.

(2) Residential program.

The child is cared for away from his or her home 24 hours a day in a foster family free home; a duly licensed, certified, or approved foster family boarding home; a duly licensed or certified group home, agency boarding home, child care institution, or health care facility; or any combination thereof.

(3) Placement.
(i) the child's care and custody or guardianship and custody have been transferred to an authorized agency pursuant to the provisions of section 384 or 384-a of the Social Services Law; or

(ii) the child has been placed with a social services official pursuant to article 3, 7, 10, 10-B or 10-C of The Family Court Act.

(4) Parenting youth and child of parenting youth case.
(i) the parenting youth and child of the parenting youth meets the criteria specified in paragraphs (1) through (3) of this subdivision;

(ii) the child of the parenting youth reside(s) with the parenting youth in a foster family home or residential facility and such child of a parenting youth or children of a parenting youth are not in the care and custody or custody and guardianship of the local commissioner of social services; and

(iii) the costs of the care of the child of the parenting youth or children of the parenting youth are combined with the costs of the care of the parenting youth.

(d) Foster family boarding home means a residence owned, leased, or otherwise under the control of a single person or family who has been certified or approved by an authorized agency or is used by a local probation department, the State Department of Mental Hygiene or the Office of Children and Family Services to care for children, and such person or family receives payment from the agency for the care of such children. Such home may care for not more than six children, including all children under the age of 13 residing in the home, whether or not they are received for board. However, up to two additional children may be cared for if such children are siblings, or are siblings of a child living in the home, or are part of a parenting youth and child of a parenting youth unit as defined in section 427.2(s) of this Part, or are children freed for adoption and placed for adoption with the person(s) who have been certified or approved as foster parents. Such home may exceed these limits only to receive or board a child or children returning to that foster family boarding home pursuant to section 443.6 of this Title.

(e) Foster family free home care shall mean care provided to a foster child, at no cost to an authorized agency, by a family other than that of the child' s parent, stepparent, grandparents, brother, sister, uncle, aunt or legal guardian for the purpose of adoption or for the purpose of providing care.

(f) Institution means a facility established for the 24-hour care and maintenance of 13 or more children, operated by a child care agency.

(g) Group residence means an institution for the care and maintenance of not more than 25 children, operated by an authorized agency.

(h) Group home means a family-type home for the care and maintenance of not less than seven nor more than 12 children who are at least five years of age, operated by an authorized agency, in quarters or premises owned, leased, or otherwise under the control of such agency; except that such minimum age shall not be applicable to siblings placed in the same facility, nor to children of parenting youth whose parent is placed in the same facility.

(i) Agency boarding home means a family-type home for the care and maintenance of not more than six children operated by an authorized agency, in quarters or premises owned, leased, or otherwise under the control of such agency; except that such a home may provide care for more than six brothers and sisters of the same family.

(j) District foster care apportionment amount means the dollar amount specified by the department, in accordance with subdivision (1) of section 153-e of the Social Services Law, as the maximum amount of expenditures by a local social services district for the care and maintenance of children out of their homes which are eligible for reimbursement by the State and Federal governments.

(k) Excess foster care expenditures means the amount of a district's foster care expenditures which exceed the district foster care apportionment amount.

(l) Interim approval means that funds expended before the approval of the application for reimbursement of excess foster care expenditures shall be reimbursed, but that such reimbursement shall be refunded to the State, if approval is denied.

(m) Natural disaster means any occurrence which serves as the basis for an official declaration of a state of emergency by the Governor of the State of New York or the President of the United States.

(n) Application means a written request to the State Department of Social Services for reimbursement of excess foster care expenditures.

(o) Emergency, extraordinary or unforeseen circumstance means any event, condition, or set of events or conditions which are outside the reasonable control of the local social services district and which have not occurred in the years from which data were drawn to develop the district foster care apportionment amount and which have a substantial impact on the district.

(p) Children who are refugees means children who:

(1) are in the care and custody or guardianship and custody of a social services official;

(2) are outside of their country of nationality;

(3) may or may not have any adult relatives in the United States;

(4) have been lawfully admitted to the United States; and

(5) who, because of persecution or fear of persecution on account of race, religion, or political opinion fled from their native countries and cannot return there because of fear of persecution on account of race, religion, or political opinion. Children who are refugees includes children who are unaccompanied refugee minors.

(q) Children who are Cuban/Haitian entrants means children who:

(1) are in the care and custody or guardianship and custody of a social services official; and

(2) have been granted parole status as a Cuban/Haitian entrant (status pending) or granted any other special status subsequently established under the Federal immigration laws for nationals of Cuba or Haiti, or are other nationals of Cuba or Haiti who:
(i) were paroled into the United States and have not acquired any other status under the Federal Immigration and Nationality Act; or

(ii) are the subject of exclusion or deportation proceedings under the Immigration and Nationality Act; or

(iii) have an application for asylum pending with the Immigration and Naturalization Service; and

(iv) have not had a final, nonappealable, and legally enforceable order of deportation or exclusion entered against them.

Children who are Cuban/Haitian entrants includes children who are unaccompanied entrant minors.

(r) An unaccompanied refugee minor or an unaccompanied entrant minor means a person who:

(1) has not yet attained his or her 21st birthday;

(2) has no known immediate adult relatives in the United States;

(3) has been lawfully admitted to the United States in parole status; and

(4) is an alien who, because of persecution or fear of persecution on account of race, religion or political opinion fled from his native country and cannot return there because of fear of persecution on account of race, religion or political opinion.

(s) Parenting youth and child of parenting youth unit means a family consisting of a child in foster care or an adopted child who is a parent and the child or children of such child in foster care or an adoptive child residing together in the same foster family home, residential facility or adoptive home.

(t) Supervised independent living program means one or more of a type of agency boarding home operated and certified by an authorized agency in accordance with the regulations of the Office of Children and Family Services to provide a transitional experience for older youth who, based upon circumstances, are appropriate for transition to the level of care and supervision provided in the program.

(u) Supervised independent living unit means a home or apartment certified in accordance with the standards set forth in part 449 of this Title by an authorized agency approved by the Office of Children and Family Services to operate a supervised independent living program for the care of up to four youth including their children. Each supervised independent living unit must be located in the community separate from any of the authorized agency's other congregate dwellings.

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