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 3 - Child-care Agencies
Part 441 - General
Section 441.2 - Definitions

Universal Citation: 18 NY Comp Codes Rules and Regs ยง 441.2

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

For the purposes of this Article:

(a) Child or youth means a person who meets all of the following criteria:

(1) Age.
(i) the child or youth 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 or re-entered foster care in accordance with article 10-B of the Family Court Act; or

(iii) is under 24 years of age and entered foster care pursuant to a delinquency adjudication in accordance with article 3 of the Family Court Act which occurred on or after October 1, 2018 for a child who was 16 years of age at the time of the offense or on or after October 1, 2019 for a child who was 17 years of age at the time of the offense.

(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; 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 358-a, 383-c, 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.

(b) Voluntary authorized agency means any agency, association, corporation, institution, society or other organization which is incorporated or organized under the laws of New York with corporate power or empowered by law to care for, to place out or to board out children, which actually has its place of business or plant in this State and which is approved, visited, inspected and supervised by the department or which shall submit and consent to the approval, visitation, inspection and supervision of the department as to any and all acts in relation to the welfare of children performed or to be performed under the provisions of title 1 of article 6 of the Social Services Law.

(c) Public authorized agency means any local social services commissioner.

(d) Authorized agency means any voluntary authorized agency or any public authorized agency.

(e) Child-care agency means any voluntary authorized agency, any public authorized agency or the State Division for Youth.

(f) Institution means any facility for the 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 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 siblings of the same family.

(j) Foster family free home care shall mean care provided to a 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.

(k) Foster care shall mean care provided a child in a foster family free home or boarding home, group home, agency boarding home, child-care institution, health-care facility or any combination thereof.

(l)

(1) Sprinkler system means an approved, automatic system for fire protection purposes, including a network of piping, heat-activated sprinkler heads, a controlling valve and a device for activating an alarm when the system is activated by heat from a fire, which system is connected to a water supply. A sprinkler system must be designed, installed and maintained in accordance with the New York State Uniform Fire Prevention and Building Code in all rooms and spaces throughout a building.

(2) Fire detection system means an approved installation of equipment which automatically activates a fire alarm when the detecting element is exposed to fire, abnormal rise in temperature or the presence of smoke. Smoke-detecting elements must be provided in all exitways, stairways, corridors, bedrooms and other spaces where such equipment is determined by the department architect to be necessary for the safety of the resident children due to the physical nature of the structure and the nature of the resident population. Heat-detecting elements must be provided in attics, kitchens and areas of fire hazard as defined in paragraph (5) of this subdivision. A fire detection system must be designed, installed and maintained in accordance with the New York State Uniform Fire Prevention and Building Code.

(3) A manually operated fire alarm system means an approved system of hand-activated fire alarm boxes, electrically interconnected to fire alarm sounding devices audible throughout a building. Buildings occupied by the hearing impaired must have alarm systems which include flashing lights. A fire alarm system must have an approved back-up power source which is automatically activated upon loss of its primary power source. A fire alarm system must be designed, installed and maintained in accordance with the New York State Uniform Fire Prevention and Building Code.

(4) Approved means approved in writing by the department as adequate for the intended use and meeting the requirements, if any, of the appropriate local authority.

(5) Area of fire hazard means a heating equipment room; a woodworking shop; a paint shop; a storeroom for mattresses, furniture, paints and/or other combustible or flammable materials or liquids; and any other space or room exceeding 100 square feet in floor area where other combustible or flammable materials are regularly stored.

(6) Fire protection systems and equipment means sprinkler, fire detection and fire alarm systems; emergency lighting; exit signs; fire extinguishers; fire, exit and smoke doors with hardware including closers, locks and panic bars; exterior exit stairs and fire escapes; and other special systems and equipment identifiable with fire safety and protection, including, but not limited to, range hood extinguishing systems, emergency shut-off valves and switches, fire dampers, smoke vents and fusible links. There must be no modification or replacement of such systems or equipment in buildings or parts of buildings used in the operation of an institution unless such modification or replacement is in accordance with plans approved by the department.

(7) Carbon monoxide detector means a device that detects the presence of carbon monoxide (CO) gas to prevent carbon monoxide poisoning.

(m) 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 their circumstances, are appropriate for transition to the level of care and supervision provided in the program.

(n) 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 congregate dwellings.

(o) Parent advocate means a person who has previously been a recipient of child welfare services, has successfully addressed the issues which brought the family to the attention of child welfare, has been reunified with his or her children, if applicable, and had subsequently been trained as a parent advocate to work within the child welfare system. A parent advocate is employed by or under contract with an authorized agency, or is employed by an agency that is under contract with an authorized agency, for the purpose of providing support and advocacy to parent(s) or relative(s) through a variety of activities, including, but not limited to, engaging parent(s) or relative(s) and assisting them to understand the child welfare and family court process; attending case conferences; coaching for productive visitation between parents and their children in foster care; accompanying parent(s) or relative(s) to court, school, public benefits offices, and health centers; assisting parent(s) in advocating for themselves; providing assistance in accessing community services; facilitating appointments; and working as a liaison between parent(s) or relative(s), caseworkers, foster parents, and other service providers.

(p) Office means the New York State Office of Children and Family Services.

(q) Family and permanency team means the family and child permanency team that is required to be assembled in accordance with section 409-h of the Social Services Law and section 439.2 of this Title.

(r) Qualified individual means a trained professional or licensed clinician acting within their scope of practice who shall have current or previous relevant experience in the child welfare field and who shall conduct the assessment required for a child in accordance with section 409-h of the Social Services Law and section 439.2 of this Title. Such individual shall not be an employee of the Office of Children and Family Services, nor shall such person have a direct role in case management or case planning decision-making authority for the child for whom such assessment is being conducted, in accordance with 42 United States Code sections 672 and 675a and the state's approved Title IV-E state plan.

(s) Qualified residential treatment program means a program that is a non-foster family residential program in accordance with 42 United States Code sections 672 and 675a and the state's approved Title IV-E state plan and that meets the requirements of section 439.4 of this Title and which is approved by the Office to operate as a qualified residential treatment program.

(t) Aftercare shall mean services and supports provided to a child and, where applicable, such child's family or discharge resource to increase the success and well-being of the child when stepped-down to a home-based placement or when discharged from foster care altogether.

(u) Qualified residential treatment program exception means: a supervised setting as defined in section 371 of the Social Services Law and governed by Part 449 of this Title; a program for youth who have been or at risk of sex trafficking governed by Part 440 of this Title; or a specialized program to serve prenatal, postpartum or parenting youth certified pursuant to this Title.

(v) Child of a parenting youth, means a child, children or an infant who is not in foster care but who resides with their parent who is in foster care, pursuant to paragraph (3) of subdivision (a) of this section, and where the child and parent are part of a parenting youth and child of a parenting youth unit as such term is defined in section 427.2 of this Title.

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