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 431 - Care and Protection of Children
Section 431.14 - Termination or limitation of visitation rights by authorized agency
Current through Register Vol. 46, No. 39, September 25, 2024
When an authorized agency determines to terminate or limit parental visiting rights between a parent or guardian and his child voluntarily placed in foster care, the provisions of this section shall govern.
(a) Except as otherwise authorized herein, parental visitation shall not be terminated or limited by a social services official having care and custody of the child, or by another authorized agency acting on his behalf, except by court order in a proceeding in which the parent or guardian was a party.
(b) Visitation is to continue until such a court order is obtained, except in cases of imminent danger to the child's life, health and safety.
(c) In cases of imminent danger to the child's life, health and safety, the authorized agency may terminate or limit visitation. On the same day visitation is terminated or limited, the authorized agency shall notify a designated employee of a city or county department of social services of such termination or limitation. Upon termination or limitation of visitation, the authorized agency shall commence a court action or, if an action is already before the court, shall seek an order of the court as if the child had been taken into protective custody pursuant to section 417 of the Social Services Law.
(d) Subdivisions (a)-(c) of this section do not apply if the parent or guardian agrees in writing to the termination or limitation of visiting, such agreement to be made in accordance with subdivision 3 of section 384-a of the Social Services Law.
