Current through Register Vol. 46, No. 39, September 25, 2024
(a) The
home of a relative as defined in 443.1(h) of this Part of a foster child may be
approved as an emergency foster home under the following allowable
circumstances:
(1) Allowable circumstances:
(i) a child is removed from his or her own
home pursuant to section 1021, 1022, 1024, or 1027 of the Family Court Act or a
child is removed and placed into foster care pursuant to article 3, 7, 10, 10-B
or 10-C of the Family Court Act section 384-a of the Social Services Law; or
(ii) a child currently placed in a
foster care setting needs to be placed in a foster home and the social services
district documents within the uniform case record a compelling reason why such
home needs to be approved on an emergency basis;
(2) The relative, identified in section
443.1(h) of this
Part, is identified by the child, child's parent(s) or stepparent(s), the
court, a representative of the local district or other interested party, as
potentially appropriate to provide foster care to the child or such relative
volunteers to provide foster care to the child.
(b) Before placing a foster child with a
relative on an emergency basis the authorized agency must:
(1) secure a signed and dated statement from
the relative indicating the exact relationship to the child and the child's
parent(s), that the relative is willing to provide foster care for the child
and an assurance that the relative understands that the child is in the legal
custody of the commissioner of social services and that by accepting
responsibility for providing foster care for the child, the relative agrees to
comply with foster care requirements, including, but not limited to those
involving the role and authority of the approving authorized agency and the
social services district with legal custody of the child to supervise the
placement.
(2) perform a home study
of the relative's home and family on an expedited basis which assesses the
relative's home to ensure that there is no apparent risk to the health and
safety of the child;
(3) perform a
home study of the relative's home and family on an expedited basis which
assesses the relative's family, focusing on the following factors:
(i) the family's relationship with the child
and the child's parent(s) or step-parent(s);
(ii) the care provided to other children in
the home by the
relative;
(iii) the relative's knowledge of the
circumstances and conditions that led to the need for the child's foster care
placement;
(iv) the past role of
the relative in helping and/or protecting the child from and/or preventing
occurrences of abuse or maltreatment of the child; and
(v) the present ability of the relative to
protect the child placed in its home from abuse or maltreatment and the
relative's ability to understand the need to protect the child from abuse or
maltreatment;
(4)
explain to the relative the agency's role and authority to supervise the
placement;
(5) obtain information
necessary to contact character references pursuant to this Part; and
(6) review agency records to determine
whether or not the relative(s) have a prior history of abuse or
maltreatment.
(c) If the
home is found suitable after the requirements of subdivision (b) of this
section have been completed, it will be approved as an emergency relative
foster home for 90 days from the date of placement of the child in the
home.
(d) The relative must execute
an agreement with the authorized agency within seven days of placement that
provides that the relative will comply with provisions of this Part.
(e) Within seven days of placement, the
authorized agency must obtain:
(1) a
completed Statewide Central Register database check form, and submit such form
to the Office of Children and Family Services pursuant to section 424-a of the
Social Services Law and section
443.2(b)(7) and
(8) of this Part;
(2) if the applicant or other person 18 years
of age or older who resides in the home of the applicant resided in another
state at any time during the five years preceding the emergency approval issued
pursuant to this section, the documentation necessary to enable the agency to
request child abuse and maltreatment information maintained in the child abuse
and maltreatment registry from the applicable child welfare agency in each such
state of previous residence; and
(3) a completed form to check the register of
substantiated Category 1 cases of abuse or neglect maintained by the Justice
Center for the Protection of People with Special Needs, and submit such form to
the Justice Center for the Protection of People with Special Needs pursuant to
section 495 of the Social Services Law and section
443.2(b)(7) and
(8) of this Part.
(f) On the date of the foster child's
placement in the approved emergency relative foster home or within one business
day thereof, the authorized agency must provide a sufficient number of blank
fingerprint cards for the foster parent(s) and each person over the age of 18
currently residing in such home and a description of how the completed
fingerprint cards will be used upon submission to the authorized agency by the
foster parent(s). The foster parent(s) must submit the completed fingerprint
cards to the authorized agency no later than two weeks following receipt of
such cards for the purpose of a criminal history record check performed by both
the Division of Criminal Justice Services and the Federal Bureau of
Investigation.
(g) Emergency
relative foster homes approved on an expedited emergency basis for 90 days, may
continue to provide foster care beyond the 90th day of placement if final
approval was given on or before the end of the 90th day or if the provisions of
subdivision (h) of this section apply. For an emergency relative foster home to
receive final approval, all requirements for approval as a foster home as set
forth in this Part must be met within 90 days from the date of
placement.
(h)
Continued
placement.
(1) An emergency relative
foster home approved on an emergency expedited basis for 90 days in accordance
with this section may continue to provide foster care beyond the 90th day of
approval as an emergency relative foster home when the foster parent has
otherwise satisfied all of the requirements for final approval as an approved
foster home except for:
(i) the completion of
the Statewide Central Register of Child Abuse and Maltreatment database check
process in accordance with section
443.2 of this Part; or
(ii) the completion of the process to check
the Justice Center's register of substantiated Category one cases of abuse or
neglect maintained by the Justice Center for the Protection of People with
Special Needs in accordance with section
443.2 of this Part, or
(iii) the completion of the criminal history
record check process in accordance with section
443.8 of this Part where the
approved emergency relative foster parent has otherwise complied with the
requirements of subdivisions (e) and (f) of this section, or
(iv) the submission of a completed medical
report form required by section
443.2 of this Part if the
authorized agency determines that barriers exist to timely submission of such
completed form and the emergency relative foster parent is making reasonable
efforts to overcome those barriers, with the assistance of the authorized
agency, if necessary and practicable.
(2) Such approved emergency relative foster
parent may continue to provide foster care until the completion of the
Statewide Central Register of Child Abuse and Maltreatment check process as set
forth in section
443.2 of this Part, the check of
the Justice Center's register of substantiated Category one cases of abuse or
neglect as set forth in section
443.2 of this Part, the criminal
history record check process as set forth in section
443.8 of this Part, and submission
of a completed medical report form as set forth in section
443.2 of this Part, or unless the
approval is otherwise revoked by the authorized agency for cause in accordance
with this Part.
(3) Upon receipt of
the result(s) of the Statewide Central Register of Child Abuse and Maltreatment
and the criminal history record check(s) from the Office of Children and Family
Services, the check of the register of substantiated category one cases of
abuse or neglect from the Justice Center for the Protection of People with
Special Needs, and submission of a completed medical report form as set forth
in section
443.2 of this Part, the authorized
agency must make a decision whether to grant final approval of such emergency
foster parent within 60 days of the receipt of such results. If, once the
Statewide Central Register of Child Abuse and Maltreatment database check
process, the Justice Center's register of substantiated category one cases of
abuse or neglect check process, criminal history record check process are
completed, a completed medical report form as set forth in section
443.2 of this Part is submitted,
and the authorized agency determines that the home should continue to be
approved, a final approval must be issued for the home.
(i)
Failure to meet the requirements
for approval of the foster home.
Except as set forth in this section, if the emergency
relative foster parent(s) fails to meet all requirements for approval pursuant
to this Part within 90 days from the date of placement, the authorized agency
must:
(1) provide notice to the
relative foster parents within the first 90 days of placement if such
requirement(s) for approval as a foster home have not been or cannot be met.
For any continuation of placement as described in subdivision (h) of this
section, such notice must be provided no later than 20 days prior to the
expiration date of the continuation of placement and must identify the
particular problem(s) that constitute a barrier to approval as a foster
home;
(2) revoke a foster parent(s)
approval pursuant to section
443.12 of this Part if all
requirements for approval are not met within the first 90 days from the date of
placement;
(3) upon revocation of
an approval, remove the child from the home of the relative foster parent,
place such child in a suitable certified foster home or an approved relative
foster home, and inform the relative of the right to request a hearing in
accordance with the provisions of section 400 of the Social Services Law;
and
(4) remove the child from the
home of the relative pursuant to section 400 of the Social Services Law and
section 443.5 of this Part when health and
safety risks to the child warrant such removal and place the child in a
suitable certified foster home or an approved relative foster home. At the time
the child is removed from the home, the relative foster parent must be informed
of the right to request a fair hearing in accordance with the provisions of
section 400 of the Social Services Law.
