Current through Register Vol. 46, No. 39, September 25, 2024
(a)
Certification and approval.
Foster family boarding homes must meet the following
health and safety standards and physical plant requirements:
(1) The physical facilities of the foster
home or relative foster home must be in good condition and present no hazard to
the health and safety of children.
(2) The foster home must be in substantial
compliance with all applicable provisions of State and local laws, ordinances,
rules and regulations concerning health and safety.
(3) The physical space, construction and
maintenance of the foster home and premises must be in good repair and kept in
a sufficiently clean and sanitary condition so that the physical well-being as
well as a reasonable degree of physical comfort is assured the members of the
foster family.
(4) Sleeping
arrangements should be age and developmentally appropriate for all the children
placed in the home. Further, sleeping arrangements, including those that
involve room sharing with any other child or adult, must be consistent with the
health, safety, welfare and in the best interests of the children placed in the
home.
(5) Not more than three
persons may occupy any bedroom where children at board sleep, unless the
children are siblings or half siblings and the occupancy is consistent with the
health, safety, and welfare of each of the siblings or half-siblings and is
necessary to keep the siblings or half siblings placed together in the same
foster home.
(6) No bed may be
located in any unfinished attic or basement.
(7) Children must not sleep together in the
same bed as an adult.
(8) Each
child must have sleeping space of sufficient size for the safety, comfort, and
privacy of the child. Each child must have a separate bed or crib of sufficient
size and cleanliness for the comfort and well being of the child, with
waterproof covering, if needed, and suitable bedding adequate to the season.
Bunk beds may be used.
(9) There
must be an adequate and safe supply of water for drinking and household use.
Water from wells, springs or other private sources must be protected against
contamination. There must be provision for hot water for washing and
bathing.
(10) The dwelling must
have window barriers, including window screens, guards and/or stoppers above
the first floor of the foster home.
(11) Heating apparatus must be safe and
adequate to provide for the reasonable comfort of children in the
home.
(12) Adequate bathing, toilet
and lavatory facilities must be provided and kept in sanitary
condition.
(13) The home must be
free from fire hazards and equipped with at least one smoke detector.
(14) No certified or approved foster parent
may rent rooms to lodgers or boarders or receive and care for maternity cases,
except as part of the foster care program, or receive or care for convalescent
cases or conduct any business on the premises which might adversely affect the
welfare of children, unless permitted by the authorized agency which certified
or approved the home.
(15) All
firearms, rifles and shotguns, as defined in section 265.00 of the Penal Law, must be
securely stored and must be maintained in compliance with applicable State and
local standards regarding the licensing, storage and maintenance of such
weapons.
(b) Certified
and approved foster parents must execute an agreement with the authorized
agency that granted the certificate or letter of approval to operate
stipulating that the foster family boarding home parent will:
(1) enable children received at board to
mingle freely and on equal footing with other children in the household and in
the community, to be accepted as members of the household and share in its
pleasures and responsibilities and to apply the reasonable and prudent parent
standard set forth in section
441.25 of this Title;
(2) arrange for children of school age to
attend school regularly as required by the Education Law;
(3) never leave children under the age of 10
years alone without competent adult supervision, nor children above that age
except as might reasonably be done by a prudent parent in the case of his or
her own children;
(4) except as
permitted by the appropriate authorized agency, never use a foster family
boarding home to care for more than two infants under two years of age,
including the foster parents' own children, except in those cases where the
foster parents have demonstrated the capacity to do so and a sibling group
would otherwise have to be separated;
(5) provide children with sufficient
nutritious, wholesome and properly prepared food, served at regular hours.
Foster children must be permitted to eat meals at the table in the same manner
as other family members with due consideration to their age and special
needs;
(6) keep the clothing of
children provided by the agency, parent or foster parent in proper condition of
repair and cleanliness; endeavor to provide children with a sufficient quantity
of clothing, adapted to seasonal conditions, and of such style and quality as
not to distinguish them from other children in the community;
(7) provide for each child at board
sufficient individual toilet articles and towels, suitable to the child's age
and gender, and individual drawer and closet space;
(8) provide a suitable, well-lighted place
for children of school age for home study;
(9) recognize and respect the religious
wishes of the natural parents of children in care and endeavor to protect and
preserve their religious faith;
(10) endeavor to cooperate with the agency
staff in the implementation or review of each child's service or discharge plan
and to inform the agency of any incident or event that affects or may affect
the child's adjustment, health, safety or well-being and/or may have some
bearing upon the current service plan;
(11) provide a family atmosphere of
acceptance, kindness and understanding and endeavor to give each child the
support, attention and recognition that facilitates adjustment to the home and
that promotes the child's normal development;
(12) permit an authorized representative of
the agency to enter the home to investigate in good faith a formal complaint
regarding care of the foster child;
(13) inform the agency of any changes in
marital status, family composition or number of persons residing in the home
and any changes in the physical facilities comprising the foster
home;
(14) agree to cooperate in
facilitating regular biweekly visitation or communication between minor
siblings or half-siblings who have been placed apart, unless as determined by
the agency such contact would be contrary to the health, safety or welfare of
one or more of the children or unless the lack of geographic proximity
precludes visitation;
(15) agree
only to redisclose confidential HIV-related information concerning the foster
child to persons or entities other than those set forth in article 27-F of the
Public Health Law for the purpose of providing care, treatment, or supervision
of the foster child boarded out or placed with the foster parent or upon a
specific written authorization signed by the commissioner of the social
services district or the commissioner's designated representative in accordance
with section 2782 of the Public Health Law. Where confidential HIV-related
information is disclosed, the following written statement must accompany it:
"This information has been disclosed to you from
confidential records which are protected by State law. State law prohibits you
from making any further disclosure of HIV-related information without the
specific written consent of the person to whom it pertains, or as otherwise
permitted by law. Any unauthorized further disclosure in violation of State law
may result in a fine or jail sentence or both. A general authorization for the
release of medical or other information is not sufficient authorization for
further disclosure."
The terms AIDS, HIV-related test, HIV-related illness,
HIV infection and confidential HIV- related information are defined in section
360-8.1 of this Title; and
(16) exceptions applicable solely
to approved foster boarding homes. Exceptions to the provisions of this Part,
other than statutory requirements, may be proposed by the authorized agency as
part of the foster boarding home approval process when the authorized agency
determines that such exception is necessary to board a foster child; is in the
best interests of the child to effect such boarding arrangement; and is
consistent with the health, safety, and welfare of the child. Any exception,
however, is tentative only and subject to review and approval by the social
services district with legal custody of the foster child who would be boarded
out in such home. Such decisions must be made by supervisory staff within the
social services district who do not have direct supervisory responsibilities
over the case management of the particular foster child. Boarding arrangements
will be made contingent on such approval. Upon such review, should it be
determined that the exception is not necessary or in the best interests of the
child to be boarded, upon notice thereof to the agency, the social services
district with legal custody of the foster child who would be boarded out in
such home must disapprove the proposed arrangement. All exceptions must be
requested in writing by the authorized agency and the social services district
must document how the granting of the request relates to the best interests of
the child.
(c) The
agreement required pursuant to this Part must include the statement of
preference of foster parents as required under subdivision 1-a of section 374
of the Social Services Law and a statement of the foster parent's rights
regarding removal of a child from a foster family home as provided under
section 443.5 of this Title.
(d) A certificate must be issued to persons
required to receive such certificate in accordance with section
421.24(b)(2)(ii)
of this Title if such persons have had an adoptive home study made in
accordance with Part 421 of this Title and such persons have been approved to
adopt a handicapped or hard-to-place child.
(e) When a home study has been completed and
an authorized agency intends to certify or approve the home, the agency shall:
(1) arrange for the foster parents to review
the written report of the home study, exclusive of any statement by or based on
material provided by references, with the agency's home finder;
(2) give foster parents the opportunity to
enter their reaction to the evaluation as an addendum to the report;
and
(3) arrange for the foster
parent and the home finder to sign the evaluation after it has been reviewed
and the foster parent addendum has been attached.
(f) A certificate or letter of approval shall
be issued to a certified or approved foster home only after the applicant(s)
executes the agreement required by this Part.
(g)
Maintenance of register and
certificate or letter of approval.
(1)
Every person who receives, boards or keeps any child under certificate or
letter of approval shall keep a record of each child in a register to be
provided by the Office of Children and Family Services. Authorized agencies
shall provide foster parents with the appropriate forms for maintaining a
register of the children placed in the home as required by this Part and
section 380 of the Social Services Law.
(2) The register and certificate or letter of
approval shall be accessible for examination at all reasonable times by the
authorized agents of the Office of Children and Family Services, of the
authorized agency issuing such certificate or letter of approval, and of any
incorporated society for the prevention of cruelty to children. Certificates,
letters of approval and registers are the property of the State and not of the
person to whom issued, and shall be delivered upon demand to the issuing agency
when renewed, discontinued or revoked.
(h)
Regular and emergency
conferences.
(1) Authorized agencies
shall assure foster parents providing care for a child that regular conferences
shall, whenever possible, be prearranged and held at a mutually convenient time
in the foster boarding home at least every 90 days or at such shorter periods
as may be required pursuant to this Subchapter.
(2) Authorized agencies shall arrange for
conferences with foster parents regarding acute problems, emergencies or crisis
situations whenever necessary to provide services that are responsive to the
problems and that protect the best interests of the child.
(3) Authorized agencies shall require foster
care workers to explain the purpose of each regular or emergency conference to
the foster parent at the beginning of each conference; and, in addition, at
each regular conference, identify and discuss concerns of the foster family
about the child in placement, obtain an account of the child's placement,
relationships and functioning in the home, school and community.
(i) Authorized agencies shall have
a written policy and procedure governing decisions to remove a child from a
foster family home and also provide each foster parent with a copy of such
policy and procedure upon certification or approval and at the time of
recertification or reapproval; the provisions shall conform to the requirements
of section
431.10 of this Title.
(j) Authorized agencies shall provide each
foster family boarding home with a manual that summarizes all current agency
policies and procedures that have some direct or indirect bearing upon the role
and responsibility of a foster parent.
(k) Authorized agencies shall summarize, in
the foster family boarding home record, the action taken pursuant to a decision
to remove a child from the home or to a request from a foster family to have
the child removed.
(l) Authorized
agencies shall inform each foster parent of the procedure for obtaining
administrative review of any grievance or complaint about the agency policy or
practice.
(m) Authorized agencies
must establish and maintain a written procedure and practice for advising
foster parents of their rights:
(1) to have
their application to adopt a child who has been continuously in their care at
least 12 months given preference and first consideration over all other
applicants as provided by section
383.3 of the Social Services
Law;
(2) to intervene, as an
interested party, in any court proceeding involving the custody of a child who
has been in their care for 12 continuous months or longer;
(3) to be given notice and an opportunity to
be heard at all permanency hearings for any foster child in the care of the
foster parent.
(n)
Authorized agencies must comply with the requirements of sections 378 and
398.6(n) of the Social Services Law regarding the number of children in care
and with the requirements of section 373 of the Social Services Law with regard
to religious faith.
(o)
Restrictions and limitations.
Authorized agencies shall not:
(1) permit persons certified or approved to
provide care in a foster family boarding home to provide such care for another
agency without obtaining the certifying or approving agency's written consent
and approval for each child or minor to be boarded. No person shall be
certified or approved by more than one authorized agency;
(2) permit use of designated emergency homes
for any foster care purpose other than designated emergency foster family
boarding home care as defined in section
446.2 of this Title or as an
approved respite care and services provider as defined in section
435.2(b) of this
Title. An exception may be made by an authorized agency when it determines such
exception is necessary to board a child, is in the best interests of the child
and is consistent with the health, safety and welfare of other children
receiving care in the home. A report on the exception must be made within 15
days of the placement by the agency to the appropriate regional office of the
Office of Children and Family Services;
(3) initiate action to remove a child from a
placement because of change in family composition or circumstances following
certification or recertification, or approval or reapproval unless there has
been an evaluation of the effect of the change upon the child or children and
it is determined that such change is detrimental to the best interests of the
child or such change would produce a violation of this Part, the agreement
required by section
443.3(b) of this
Part or of any statutory requirement.
(p)
Reimbursement.
With the exception of foster family free home care as
defined in section
441.2(j) of this
Title, certified and approved foster care parents must be reimbursed for each
such child to whom they provide foster care according to the standards
established in Part 427 of this Title.
(q)
Foster homes.
(1) Except as provided by this section, no
child under the age of 16, in the case of placement by a parent or legal
guardian, or under the age of 18, in the case of placement by a public or
private authorized agency, shall be placed or received at board for
remuneration in a foster home unless such home is certified or approved as
provided by the Social Services Law and this Title.
(2) A certificate is not required when
children are placed or received at board with relatives within the second or
third degree, as set forth in section
443.1(i) of this
Part, with legally appointed guardians, at schools and academies meeting the
requirements of the Education Law as to compulsory education, and at camps
operated for profit for the accommodation of school age children during school
vacation periods under permits issued by health officers pursuant to part 7 of
the State Sanitary Code. When a child is placed at board with a relative(s)
within the second or third degree, the relative's home must be approved by an
authorized agency as required by this Part and a letter indicating such
approval must be issued to the approved foster parent(s).
(3) No child shall be placed in a foster
home, either free or at board, until such home has been visited and careful
inquiry made by the agency proposing to make such placement, or its
representatives, and a written report filed in the foster parent's case record
describing the conditions and suitability of the home and compliance with
requirements of law, this Title, and the rules of local departments of health
and social services.
(r)
Applications and forms.
(1)
Pursuant to title 1 of article 6 of the Social Services Law, certificates shall
be on forms provided by the Office of Children and Family Services.
(2) Certificates or letters of approval must
specify the name and address and the religious faith, if any, of the person to
whom issued, and the maximum number of children to be boarded, and the age and
sex of the children to be cared for at board; and will be valid only for the
residence as occupied at the time of issue. A certificate or letter of approval
issued to married individuals living in the same household must be issued in
the name of both individuals.
(3)
Certificates.
(i) Application for certificate
or letter of approval to board children shall be made to the authorized agency
from which children are to be received upon a form prescribed by the Office of
Children and Family Services, or upon a substantially equivalent form approved
by the Office of Children and Family Services.
(ii) The agency shall make a written record
of each application.
(iii) Such
certificate or letter of approval shall be valid for not more than one year
after the date of issue but may be renewed or extended pursuant to the
requirements contained in this Part.
(4) Before any certificate or letter of
approval may be issued, careful investigation of the applicant, including
inspection of the premises to be occupied, shall be made and a written report
filed in the agency to which the application is made. The investigation and
report shall cover all of the requirements of this Part.
