Current through Register Vol. 46, No. 39, September 25, 2024
(a)
Respite care and services may be provided by:
(1) providing temporary care for a child or
foster child outside of his or her home or foster home in order to allow the
parent(s), foster parent(s) and/or remaining family members an opportunity to
recover family functioning without the stress of having a child or foster child
present in the home; or
(2)
providing temporary care in the home or foster home for a child or foster child
when the parent(s) or foster parent(s) will be absent from the home, in order
to maintain family functioning pending the return of the parent(s) or foster
parent(s) to the home or foster home.
(b)
(1) If
a parent does not agree to the plan for respite care and services for a child
in the parent's custody, the provision of respite care and services must be
deemed refused and cannot be provided. When respite care and services are
refused by a parent, other services to resolve the problem or situation giving
rise to the consideration of respite care and services must be
explored.
(2) If a foster parent
objects to a plan for respite care and services for a foster child or for
foster children in such foster parent's care, the social services district or
voluntary authorized agency supervising such foster parent must take the foster
parent's concerns into account, and must explore the provision of such other
services or actions as may resolve the situation or problem giving rise to the
consideration of respite care and services.
(c) Prior to the provision of respite care
and services to a family as a mandated preventive service, the parent(s), as
defined in section
435.2(b)
of this Part, have the right to approve or disapprove the specific respite care
and services provider who is to provide such services. In addition, the
parent(s) must provide to the social services district or supervising voluntary
agency and to the respite care and services provider a written statement
containing:
(1) the name and telephone number
of the child's physician or medical service provider;
(2) instructions or actions to be taken in
the case of an emergency;
(3) an
authorization for the provision of emergency medical services;
(4) the names, addresses and telephone
numbers of the child's parents, guardian or caretaker, and, if the parent(s),
guardian, or caretaker will be absent from the home, instructions on how to
contact the parent(s), caretaker or guardian; and
(5) any necessary instructions regarding the
child's care.
(d)
Respite care and services to families must be terminated upon the request of
the parent(s). Respite care and services to foster families may be terminated
upon the request of a foster parent or of any child or foster child 10 years of
age or older who is in receipt of respite care and services. Upon the
termination of respite care and services under such circumstances, the social
services district and/or agency providing such services must explore other
service needs with the family or foster family and seek to arrange or provide
such services as may be appropriate.
(e) Respite care and services for families
are not to be provided when the child's behavior is such that it presents a
serious danger to the child or others or when the child's adjustment and/or
developmental problems require an extended period of absence from the child's
home and family in order to make an adequate diagnosis and assessment of the
child's condition and of the child's and/or family's need for services and such
period of absence is expected to extend for more than 21 days.
(f) Respite care and services for families
must be provided only:
(1) in the home of an
individual provider of respite care and services approved by the social
services district, or by a voluntary authorized agency or a preventive services
agency on behalf of the district, to provide respite care and services for
families pursuant to the local standards developed in accordance with section
435.6
of this Part; or
(2) in a foster
family boarding home or emergency foster family boarding home approved by a
social services district or voluntary authorized agency to provide respite care
and services; or
(3) in the home of
the family when the parent(s) are absent, by an individual provider approved
pursuant to section
435.6
of this Part or by a certified or approved foster family boarding home provider
who has been approved by the social services district to provide respite care
and services for families; or
(4)
in an agency boarding home, a group home, a group residence, or an institution
which has been approved by the social services district to provide respite care
and services when the needs of the child require the additional services,
support, or structure available in such setting; or
(5) in the home of an individual provider or
in the facility of a program certified or approved by the Office of Mental
Health or the Office of Mental Retardation and Developmental Disabilities to
provide care for children and which has been approved by the social services
district to provide respite care and services for families when the child needs
the additional services, support, or structure available in such
setting.
(g) Respite
care and services for foster families must be provided only:
(1) in a foster family boarding home approved
by a social services district or voluntary authorized agency to provide respite
care and services; or
(2) in an
emergency foster family boarding home approved by a social services district or
voluntary authorized agency to provide respite care and services; or
(3) in an agency boarding home, a group home,
a group residence, or an institution other than a public institution of 25 beds
or more which has been approved by the social services district to provide
respite care and services when the needs of the foster child require the
additional services, support, or structure available in such setting;
or
(4) in the home of a foster
family as provided in paragraph (a)(2) of this section when the foster
parent(s) are absent.
(i) When a foster family boarding home is
used to provide respite care and services for a child or foster child or when
an emergency foster family boarding home or an agency boarding home is used to
provide respite care and services for a foster child, the total number of
foster children in the home receiving either regular foster care or respite
care and services must not exceed the number of children for whom the home is
licensed or approved to provide care. Notwithstanding any other provision in
this Title, the number of the children in the home may exceed the approved or
certified capacity by up to two children when siblings are placed together in
foster care or are cared for together in respite care.
(k) The provision of respite care and
services for foster families or for families by group homes, group residences
and institutions is subject to the age restriction and appropriateness of
placement provisions contained in section
430.11(d)
and (f) of this Title. The total number of
children receiving either foster care or respite care and services must not
exceed the number of children for whom the group home, group residence or
institution is certified to provide care. The provision of respite care and
services for foster children by group homes is also subject to the provisions
of section 371 (17) of the Social
Services Law.
