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 439 - QUALIFIED RESIDENTIAL TREATMENT PROGRAMS
Section 439.5 - Long Stayers - Special Provisions
Universal Citation: 18 NY Comp Codes Rules and Regs ยง 439.5
Current through Register Vol. 46, No. 39, September 25, 2024
(a) As used in this section the term "long stayer" shall mean any child who is placed in a qualified residential treatment program as defined in section 441.2 of this Title, for:
(1) More than 12 consecutive months when the
child is age 13 or over; or
(2)
More than 18 nonconsecutive months when the child is age 13 or over;
or
(3) More than 6 consecutive or
nonconsecutive months when the child has not yet attained 13 years of
age.
(b)
(1) The local department of social services
with care and custody or care custody and guardianship of the child who may
become a long stayer as defined in subdivision (a) of this section, must submit
a justification for such continued placement to the Office for a long stayer
review, as described in this section.
(2)
(i)
(a) Prior to the local department of social
services submitting a justification for continued placement of a child in a
qualified residential treatment program to the Office for a long stayer review,
such local department of social services shall arrange for a review.
(b) Such review shall consider, at minimum:
(1) An assessment of the strengths and needs
of the child;
(2) A determination
of the most effective and appropriate level of care for the child in the least
restrictive setting, including whether the needs of the child can be met with
family members or through placement in a foster family home, or a qualified
residential treatment program or a qualified residential treatment program
exception, as such terms are defined in section
441.2 of this Title, consistent
with the short-term and long-term goals for the child as specified in the
child's permanency plan; and
(3)
Develop a list of child-specific short-and long-term mental and behavioral
health goals.
(ii) For children age 13 or older approaching
12 consecutive months in a qualified residential treatment program, such
justification shall be submitted by the local department of social services on
or before day 310 of the child's placement;
(iii) For children age 13 or older
approaching 18 nonconsecutive months in a qualified residential treatment
program, such justification shall be submitted by the local department of
social services on or before day 485 of the child's placement; and
(iv) For children under age 13, such
justification shall be submitted by the local department of social services on
or before day 125 of the child's placement in a qualified residential treatment
program.
(c) The local department of social services with care and custody or care, custody and guardianship of the child shall be responsible for submitting to a qualified individual, or team of staff including licensed clinician(s) that have been regularly serving the child in the qualified residential treatment programs, all the necessary documentation to conduct the review required under this paragraph.
(d) Prior to submission of the necessary information to a local department of social services for submission to the Office of Children and Family Services, a qualified individual or team of staff including licensed clinician(s) that have been regularly serving the child in the qualified residential treatment programs, shall:
(1) Review all relevant
information;
(2) Conduct an
evaluation in accordance with t clause (b) of subparagraph (i) of paragraph (2)
of this subdivision;
(3) Make a
recommendation as to the necessity of the child's continued placement in a
qualified residential treatment program; and
(4) Provide a written copy of such evaluation
to the applicable local department of social services for submission to the
Office of Children and Family Services.
(e)
(1)If
the child is in the care and custody or care or custody and guardianship of a
local department of social services, the commissioner of such local department
of social services or their designee must review and certify the
recommendation. As part of its review, the local department of social services
shall:
(i) Review all relevant
information;
(ii) Consider the
evaluation in accordance with clause (b) of subparagraph(i) of paragraph (2) of
this subdivision;
(iii) Make a
recommendation as to the necessity of the child's continued placement in a
qualified residential treatment program; and
(iv) Enter such determination into the system
of record.
(f) If the local department of social services with care and custody or care, custody and guardianship of the child, following review of the justification for the child completed pursuant to paragraph (2) of this subdivision (b) of this section, determines that it is appropriate for the child to remain in the qualified residential treatment program placement, then such local department of social services shall submit to the Office of Children and Family Services:
(1) For children age 13 or older approaching
12 consecutive months in a qualified residential treatment program, such
determination shall be submitted by the local department of social services on
or before day 320 of the child's placement.
(2) For children age 13 or older 18
nonconsecutive months in a qualified residential treatment center, such
determination shall be submitted by the local department of social services on
or before day 495 of the child's placement.
(3) For children under age 13, such
determination shall be submitted by the local department of social services on
or before day 135 of the child's placement in a qualified residential treatment
program.
(g) The Office of Children and Family Services will conduct a long stayer review, utilizing a long stayer review team, to determine if a continued placement in a qualified residential treatment program level of care is appropriate and required.
(1) Upon receipt of the required information
the long stayer review team shall:
(i) Review
the documentation for completeness. If the documentation is incomplete or if no
such determination is submitted by the date due, the long stayer review team
shall promptly notify the local department of social services that, if the
missing information is not submitted within two days, the Office of Children
and Family Services may deny the request for continued placement in a qualified
residential treatment program.
(ii)
If the long stayer review team determines that continued placement in the
qualified residential treatment program is not supported, notify the local
department of social services and the qualified residential treatment program
of its decision and recommend that an appropriate placement be found for the
child.
(a) For children age 13 or older
approaching 12 consecutive months in a qualified residential treatment program,
such notification shall be made by day 335 of the child's placement.
(b) For children age 13 or older approaching
18 nonconsecutive months in a qualified residential treatment program, such
notification shall be made by day 515 of the child's placement.
(c) For children under age 13, such
notification shall be made by day 155 of the child's placement in a qualified
residential treatment program.
(iii) If the long stayer review team
determines that continued placement in the qualified residential treatment
program is supported, it shall submit its recommendation to the commissioner of
the Office of Children and Family Services, or such commissioner's designee,
for review and consideration, and for such commissioner or such commissioner's
designee to make a determination regarding the appropriateness of the child's
continued placement in a qualified residential treatment program.
(a) For children age 13 or older approaching
12 consecutive months in a qualified residential treatment program, such
recommendation shall be submitted by day 340 of the child's
placement.
(b) For children age 13
or older approaching 18 nonconsecutive months in a qualified residential
treatment program, such recommendation shall be submitted by day 520 of the
child's placement.
(c) For children
under age 13, such recommendation shall be submitted by day 160 of the child's
placement in a qualified residential treatment program.
(f) Formal notification of the commissioner's
determination will be forwarded to any applicable local department of social
services and the qualified residential treatment program and documented in the
system of record.
(1) For children age 13 or
older approaching 12 consecutive months in a qualified residential treatment
program, such determination shall be forwarded by day 365 of the child's
placement.
(2) For children age 13
or older approaching 18 nonconsecutive months in a qualified residential
treatment program, such determination shall be forwarded by day 540 of the
child's placement.
(3) For children
under age 13, such information shall be submitted by day 180 of the child's
placement in a qualified residential treatment
program.
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