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 441.21 - Facilities

(1) Casework contacts with the child's parents or relatives is defined as individual or group face-to-face contacts between one or more of the persons listed in subparagraph (i) of this paragraph, and the child's parents or relatives. Casework contacts are for the purpose of assessing whether the child would be safe if he or she was to return home, and the potential for future risk of abuse or maltreatment if he or she was to return home. Such contacts are also for the purpose of guiding the child's parents or relatives towards a course of action aimed at resolving problems or needs of a social, emotional, developmental or economic nature that are contributing to the reason(s) why such child is in foster care. In the case of children with the permanency planning goal of another planned living arrangement with a permanency resource or adult residential care, such contacts are for the purpose of mobilizing and encouraging family support of the youth's efforts to function independently, and to increase his/her capacity to be self-maintaining; evaluating the ability of the parents or relatives to establish or reestablish a connection with the youth and serve as a resource to the youth; and, where appropriate, encouraging an ongoing relationship between the parents or relatives and the youth. For purposes of this section, a case planner is defined as the person who is responsible for assessing the need for, providing or arranging for, coordinating and evaluating the provision of services to children in foster care and services to parents of children in foster care and such additional responsibilities as set forth in section 428.2(c) of this Title.

(2) Frequency of casework contacts with parents or relatives.

(3) Location of casework contacts with parents or relatives.

(4) The local social services district or the purchase of service agency, if required by the purchase of service agreement, is to facilitate casework contacts by scheduling contacts at least as often as required by this subdivision and by providing notice of the scheduled contact to the parents or relatives either by phone or through the mail.

(5) The provisions of subdivision (b) of this section are waived for any parent who has had his or her rights to the child in foster care terminated.

(6) The provisions of subdivision (b) of this section are waived for any parent, where the court has issued a finding that reasonable efforts to return the child to his or her home are no longer required, except that ongoing casework contacts must be made, to the extent practicable, for the purpose of discussing alternatives to termination of parental rights in accordance with section 384-b of the Social Services Law, such as surrender, including conditional surrender; and counseling the parent with respect to relinquishing the child and how the parent could help the child come to terms with the possibility and consequences of relinquishment.

(1) Casework contacts with the child is defined as individual or group face-to-face contacts between the case planner, or the caseworker assigned to the child, as directed by the case planner, or the case manager, and the child. The purpose of the contacts is to assess the child's current safety and well-being, to evaluate or reevaluate the child's permanency needs and permanency goal, and to guide the child towards a course of action aimed at resolving problems of a social, emotional or developmental nature that are contributing towards the reason(s) why such child is in foster care. Where a youth is parenting a child, as part of a parenting youth and child of parenting youth unit as defined in section 427.2 of this Title, efforts must be made to also see the child, children or infant of the parenting youth at each casework contact, to assess the safety and wellbeing of such child, children or infant of the parenting youth and to observe the parenting skills of the parenting youth. Such contact, assessment and observations must be documented in the parenting youth's uniform case record.

(2) During the first 30 days of placement, casework contacts are to be held with the child as often as is necessary to implement the services tasks in the family's and children's services plan but must occur at least twice. At least one of the two contacts must be held at the child's placement location. The focus of the initial contacts with the child must include, but need not be limited to, determining the child's reaction to the separation and their adjustment to the out-of-home placement and arranging for services necessary to meet their needs. After the first 30 days of placement, casework contacts are to be held with the child at a minimum of once a month. Such contacts must be face-to-face and in-person, except for those circumstances described in subparagraphs (ii) and (iv) of paragraph (3) of this subdivision. At least two of the monthly contacts every 90 days must be at the child's placement location.

(3)

(1) Casework contacts with the child's caretaker is defined as face-to-face contacts by the case planner, or the caseworker assigned to the child, as directed by the case planner, or the case manager with those persons immediately responsible for the child's day-to-day care for the purpose of obtaining information as to the child's adjustment to foster care and for facilitating the caretaker's role in achieving the desired course of action specified in the child and family services plan.

(2) During the first 30 days of placement, casework contacts are to be held with the child's caretaker as often as is necessary, but at a minimum must occur at least once at the child's placement location. After the first 30 days of placement, casework contacts must be held with the child's caretaker at least monthly, and at least one of the monthly contacts every 90 days must be at the child's placement location.