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 443 - Certification, Approval and Supervision of Foster Family Boarding Homes
Section 443.1 - Definitions

(a) Authorized agency.

The term authorized agency refers to an entity defined in paragraphs (a) and (b) of subdivision 10 of section 371 of the Social Services Law.

(b) Certificate.

A certificate to board permits an individual to receive remuneration from an authorized agency for the care and board of a child under the age of 18 years, or under the age of 21 years if a student attending a school, college or university, or regularly attending a course of vocational or technical training designed to fit him/her for gainful employment, and who entered foster care prior to his/her 18th birthday. Such a certificate may be issued by the public or private authorized agency purchasing such care.

(c) [Reserved]

(d) A letter of approval or approval permits a relative of a foster child as defined in subdivision (h) of this section, to receive remuneration from an authorized agency for the care and board of a child under the age of 18 years, or under the age of 21 years if a student attending a school, college or university, or regularly attending a course of vocational or technical training designed to fit him for gainful employment, and who entered foster care prior to his/her 18th birthday. Such a letter of approval shall be issued by the local commissioner of social services or by an authorized agency, only if the home has been approved by the authorized agency as required by this Part.

(e) Foster family home care.

Foster family home care is temporary or long-term care of a child whose care and custody or guardianship and custody have been transferred to an authorized agency pursuant to the provisions of section 383-c, 384 or 384-a of the Social Services Law or who has been placed with a social services official pursuant to article 3, 7, 10, 10-B or 10-C of the Family Court Act and who is cared for away from his or her home 24 hours a day in a family home with a foster parent duly certified or approved by an authorized agency, or certified or approved by a social services commissioner.

(f) Approved home.

An approved home is a home in which temporary or long-term care is provided to a child whose care and custody or guardianship and custody have been transferred to an authorized agency pursuant to the provisions of section 383-c, 384 or 384-a of the Social Services Law or who has been placed with a social services official pursuant to article 3, 7, 10, 10-B or 10-C of the Family Court Act and who is cared for 24 hours a day in a family home with a foster parent who is a relative as defined in subdivision (h) of this section and who is duly approved by an authorized agency as required by this Part.

(g) Approved emergency relative foster home.

An approved emergency relative foster home is a home in which foster care is provided to a child placed with an authorized agency who is cared for 24 hours a day in a family home with a foster parent who is a relative as defined in subdivision (i) of this section and which is duly approved by an authorized agency in accordance with section 443.7 of this Part.

(h) Relative.

For the purposes of this part, a relative is an (1) adult who is related to the parent(s) or stepparent(s) of a child through blood, marriage or adoption to any degree of kinship; (2) an adult with a positive relationship to the child or child's family including but not limited to a child's godparent, neighbor, family friend; or (3) an unrelated person where placement with such person allows half -siblings to remain together in an approved foster home, and the parents or stepparents of one of the half -siblings is a relative of such person.

(i) Foster family boarding home means a residence owned, leased or otherwise under the control of a single person or family who has been certified or approved by an authorized agency to care for no more than six children, including all children under the age of 13 whether or not they are received for board except that up to two additional children may be cared for only if such children are siblings, or are siblings of a child living in the home, or are children freed for adoption and placed for adoption with the person(s) who have been certified or approved as foster parents. Such a home may exceed these limits only to receive for board a child or children returning to that foster family boarding home pursuant to section 443.6 of this Part.