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 431.8 - Procedures in cases of children absent without consent from foster care placement
Universal Citation: 18 NY Comp Codes Rules and Regs § 431.8
Current through Register Vol. 47, No. 12, March 26, 2025
(a) Definition.
For purposes of this Part, a child absent without consent is a child who has been placed by an authorized agency in foster care in a certified foster boarding home, an approved relative foster home, or a licensed foster care facility, and who runs away or is otherwise absent without the consent of the person(s) or facility in whose care the child has been placed.
(b) Reporting requirements.
(1) The
name of a foster child who is absent without consent from a foster care
placement must be reported no later than 24 hours from the time the absence
occurs by the foster parent or staff of an agency boarding home, group home, or
institution to the authorized agency responsible for supervising the placement
of the child.
(2) If the authorized
agency receiving the report is a voluntary agency, that agency must also report
the child's absence within 24 hours of such absence to the social services
district which has custody of the child.
(3)
(i) An
authorized agency receiving a report of a child in foster care's absence
without consent must report the absence to the local law enforcement agency and
to the National Center for Missing and Exploited Children immediately, and in
no case later than 24 hours after receiving notice of such absence.
(ii) In addition to the requirement set forth
in subparagraph (i) of this paragraph, a social services official must report
to law enforcement and to the National Center for Missing and Exploited
Children immediately, and in no case later than 24 hours of receiving
information that the following categories of children are missing or abducted:
(a) a child of a family for which the social
services district has an open child protective services or open preventive
services case;
(b) a child or youth
who is receiving federally funded independent living services;
(c) a child under the supervision of the
social services district pursuant to a court order; or
(d) a youth over whom the social services
district has supervision responsibilities in accordance with section
430.12(f)(4)(i)b
of this Title.
(iii) An
authorized agency receiving information that a child in foster care or a child
as referenced in clauses (a)-(d) of subparagraph (ii) of this paragraph has
been identified as being a sex trafficking victim, as defined by applicable
Federal law, must immediately, and in no case later than 24 hours after
receiving such information, report such child to law enforcement.
(iv) Reports made pursuant to this paragraph
must include, if reasonably possible:
(a) a
photo of the missing or abducted child or youth;
(b) a description of the child's or youth's physical
features, such as height, weight, sex, ethnicity, race, hair color, and eye
color; and
(c) endangerment
information, such as the child's or youth's pregnancy status, prescription
medications, suicidal tendencies, vulnerability to being sex trafficked, and
other health or risk factors.
(4) An authorized agency receiving a report
of a child's absence without consent must report the absence to the child's
biological parents within 24 hours of such absence unless the parents' parental
rights have been terminated, the parents have surrendered the child for
adoption, or the parents cannot be located.
(5) Where the family court has approved the
foster care placement, the local social services commissioner in whose custody
the foster child has been placed, or a designated representative, must provide
written notice to the family court which approved the petition for foster care
of the child's absence without consent within 48 hours of the reported
absence.
(6) A report of a child's
absence without consent must be reported to the Child Care Review Service no
later than seven calendar days of the absence, and must be documented in the
uniform case record within 30 days of such report.
(c) Required casework contacts.
(1) When a foster child is reported to an
authorized agency as absent without consent, the case manager or case planning
supervisor is responsible for ensuring that diligent efforts are made no later
than 72 hours after the report of the absence to contact the following persons
for any information concerning the child's location:
(i) members of the child's foster family
household or the agency boarding home, group home or institution where the
child was placed;
(ii) members of
the child's biological family and extended family, including relatives within
the third degree of the child, where known, or legal guardian of the
child;
(iii) the child's school
principal, teacher(s) or other appropriate staff at the school last
attended;
(iv) close friends of the
child, where known;
(v) adults
known to be working with the child in recreational or educational
activities;
(vi) professional
persons involved with the child's development, including, but not limited to,
doctors, nurses, psychologists, psychiatrists, or clinical social
workers;
(vii) the administrator or
coordinator(s) of the county's runaway and homeless youth services.
(2) If a child who is absent
without consent cannot be located after conducting the required casework
contacts in accordance with paragraph (1) of this subdivision, and such child
remains in the custody of the local social services commissioner, the case
manager or case planning supervisor is responsible for ensuring that a
continuing effort is made to locate the child. Within each 30-day period
following the child's absence, reasonable efforts must be made to obtain
information on the child's location as long as the child remains in the custody
of the local social services commissioner or until the child is discharged in
accordance with paragraphs (f)(2) and (3) of this section. Sources to be
contacted for such information must include, but are not limited to:
(i) members of the child's foster family
household or the agency boarding home, group home or institution where the
child was placed;
(ii) members of
the child's biological family and extended family, including relatives within
the third degree of the child, where known, or legal guardian of the
child;
(iii) the child's school
principal, teacher(s) or other appropriate staff at the school last
attended;
(iv) the administrator or
coordinator(s) of the county's runaway and homeless youth services;
and
(v) the local law enforcement
agency.
(d) Cooperation with law enforcement agencies.
(1) Information provided to the authorized
agency responsible for a child's care which might lead to the location of a
child absent without consent from a foster care placement must be transmitted
by the authorized agency to the local law enforcement agency within 24 hours
after receipt of such information.
(2) The local social services commissioner or
an authorized representative may petition the family court having jurisdiction
over the foster child for a warrant to return the child who is absent without
consent if the child's presence is required at a hearing or proceeding in
family court and the local law enforcement agency requires such a warrant
before acting to return the child.
(e) Documentation.
Information gathered under the provisions of subdivisions (c) and (d) of this section must be documented in the progress notes of the uniform case record for a foster child who is absent from a foster care placement. Such information must include persons contacted, dates of those contacts, and information pertaining to the child's absence.
(f) Case disposition for a child absent without consent.
(1) A child who is
absent without consent from a foster care placement and who has been determined
to be a runaway by the authorized agency responsible for the child's care must
be reported as absent to the system of record and payment to the authorized
agency for the child's foster care must be suspended no later than seven
consecutive calendar days after the child has been absent, in accordance with
section 628.3 of this Title.
(2) A child placed pursuant to article 3 of
the Family Court Act who is absent without consent shall not be eligible for
conditional release as set out in section
431.19 of this Part solely by
reason of such absence. Such child shall have his/her placement interrupted as
provided in section
431.20 of this Part or shall be
discharged from care if one of the following events occurs:
(i) the local social services commissioner
petitions for and the family court grants termination of the local social
services commissioner's custody of the child; or
(ii) the court order granting custody of the
child to the commissioner expires, subject to any recalculation of the length
of placement of a child placed pursuant to a delinquency adjudication, as
provided in section
431.20 of this Part; or
(iii) the child becomes 21 years old or, for
a child placed restrictively pursuant to section
353.5 of the
Family Court Act for an act committed when the child was 16 or 17 years old,
the child becomes 23 years old.
(3) A child 16 years of age or older placed
pursuant to article 7, 10, 10-B or 10-C of the Family Court Act or pursuant to
section
384 or
384-a of
the Social Services Law who is absent without consent from a foster care
placement and who cannot be located, or is located and refuses to return after
the responsible authorized agency has used diligent efforts for 60 consecutive
days in accordance with subdivisions (c) and (d) of this section must be
discharged from care if one of the following events occurs:
(i) the local social services commissioner
petitions for and the family court grants termination of the local social
services commissioner's custody of the child; or
(ii) the court order granting custody of the
child to the commissioner expires; or
(iii) a voluntary placement agreement
executed pursuant to section
384-a of
the Social Services Law is revoked by order of the court or by expiration of
the agreement; or
(iv) the child
becomes 21 years old.
(4) A child under the age of 16 years placed
pursuant to article 7, 10, 10-B or 10-C of the Family Court Act or pursuant to
section
384 or
384-a of
the Social Services Law who is absent without consent from a foster care
placement and who cannot be located after the responsible authorized agency has
used diligent efforts for 60 consecutive days in accordance with subdivisions
(c) and (d) of this section must be continued as a case in suspended payment
after the child has been absent for seven consecutive calendar days in
accordance with section
628.3 of this Title. The child's
status must be indicated as absent in the system of record until the child has
been located, or until one of the following events occurs:
(i) the local social services commissioner
petitions for and the family court grants termination of the local social
services commissioner's custody of the child; or
(ii) the court order granting custody of the
child to the commissioner expires; or
(iii) a voluntary placement agreement
executed pursuant to section
384-a of
the Social Services Law is revoked by order of the court or by expiration of
the agreement; or
(iv) the child
becomes 21 years old.
(5) Upon the return to care of a child absent
without consent, the foster care case must be restored to the status of "active
open" in the system of record.
(g) Services to be provided following reinstatement in foster care after absence without consent.
When a child is returned or returns voluntarily to foster care after being absent without consent, diligent efforts must be made to provide services to the child which will restore the child to a supportive environment. In addition to providing the foster care services required by this Title, an assessment must be made of the need of the child for rehabilitative services. Such services may include, but are not limited to:
(1) remedial educational services;
(2) psychological counseling;
(3) medical services in accordance with
section 441.22 of this Title;
and
(4) drug and alcohol abuse
treatment where available from a public agency.
If a determination is made that any such services are needed by the child, referrals to providers of such services must be made and such referrals must be documented in the uniform case record.
(h) Whenever a child in foster care is absent without consent as defined in this section, the authorized agency with either case management or case planning responsibility for the child must:
(1) determine and document in the
child's case record the primary factors that contributed to the child running
away or otherwise being absent without consent and to the extent possible and
appropriate, respond to those factors in the child's current and subsequent
foster care placements; and
(2)
determine the child's experiences while absent from care, including screening
the child as a possible sex trafficking victim as that term is defined by
applicable Federal law.
Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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