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 441.7 - Records and reports

Universal Citation: 18 NY Comp Codes Rules and Regs ยง 441.7

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

(a) All authorized agencies must:

(1) maintain current case records for each child in its care, in accordance with the requirements of section 372 of the Social Services Law. The records must be conveniently indexed and retained in accordance with the requirements set forth in section 428.10(a)(5) of this Title. The records must also include the intake study; the plan of service; plan for discharge and aftercare, where applicable; the care and services provided, including social, psychiatric and psychological services, social history of the child and the child's family; certification of birth; medical and surgical consent from parent or guardian; record of school placement; reports from other agencies; all pertinent correspondence; and periodic progress reports which must consist of social information, psychological or psychiatric reports, if applicable, medical and dental reports, reports from staff, and aftercare reports. The requirements of this paragraph must not be construed to require agencies to maintain duplicate records for those maintained by them pursuant to Part 428 of this Subchapter.

(2) maintain a record from which an accurate roll call of all children in care may be readily made; and

(3) maintain a record of the names, addresses and dates of visit of every person visiting any child in care; such names and addresses must be recorded at the time of each visit.

(b) All authorized agencies must make available to OCFS reports of admission, transfer and discharge in accordance with the requirements of OCFS.

(c) All authorized agencies must:

(1) report the death of any child in foster care to OCFS, within 24 hours of such death, in the form and manner prescribed by OCFS; and

(2) report to OCFS within 24 hours any injury to a child in foster care which requires the services of a physician and which, in the opinion of such physician, may cause death, serious disability or disfigurement.

(d) Local social services districts must maintain records required pursuant to Part 428 of this Subchapter.

(e) All records and reports required by this section must be available for inspection by OCFS at any reasonable time in accordance with section 428.10 of this Title.

(f) Prior to an authorized agency ceasing operation, all foster care case records pertaining to children currently in its care must be transferred to the authorized agencies that have legal custody of such children. The authorized agency must provide OCFS with a plan for maintenance foster care case records regarding children who had previously been in the care of the authorized agency.

(g) Access to foster care case records by a former foster child must be provided in accordance with the requirements of section 428.8 of this Title.

(h) Records of a facility or provider agency, as defined in section 488 (4) of the Social Services Law, shall be made available for public inspection and copying when such records relate to abuse and neglect of vulnerable persons to the same extent that those records would be available from a State agency. Requests for such records shall be made in writing to the Justice Center. Facilities or provider agencies covered by this subdivision shall cooperate with the Justice Center, including providing any requested records to the Justice Center.

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