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 444 - Host Family Homes
Subpart D - Administration of Host Family Home Program
Section 444.15 - Home Study
Universal Citation: 18 NY Comp Codes Rules and Regs ยง 444.15
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Prior to a host family home receiving a child for care, a home study must be completed, and the home must be approved as a host family home.
(b) A home study and evaluation of the members of household must determine compliance with all of the following criteria for approval:
(1)
Age. Each applicant must be over the age of 21.
(2)
Health. Each member of
the applicant's household must be in good physical and mental health and free
from communicable diseases. However, physical handicaps or illness of
applicants or members of their household must be a consideration only as they
affect the ability to provide adequate care to a child receiving host family
care or may affect an individual child's adjustment to the family. Applications
must be evaluated on an individual basis with assistance of a medical
consultant, when appropriate.
(3)
Employment. Employment of an approved host family home
caregiver outside the home must be permitted when there are suitable plans for
the care and supervision of the child at all times, including after school and
during the summer. Such plans must be made part of the host family home
application record and must be received prior to approval by the Agency. Such
plans must be updated annually and immediately upon substantial change in
employment circumstances.
(4)
Character. As set forth above, each applicant for approval
must provide the Agency with the names of three persons who may be contacted
for references. The Agency must seek signed statements from these persons
attesting to the applicant's moral character, mature judgment, ability to
manage financial resources, and capacity for developing a meaningful
relationship with children, or utilize in-person interviews attesting to the
same.
(5)
Ability and
motivation. The Agency must explore each applicant's understanding of
the role of a host family home and the applicant's ability, motivation, and
psychological readiness to be a host family home. The Agency also must explore
the understanding of the other members of the household about being a host
family home and their concept of the role within the family of the child
receiving host family care.
(c) The Agency must orient applicants who have been accepted for a home study to:
(1)
the social, family, and personal challenges that lead to the need for the care
of a child in a host family home;
(2) the problems and reactions of children
upon separation, and the function and responsibility of the host family home in
relation to the child, the child's parents, and Agency staff;
(3) the nature of the relationship of Agency
staff to the host family home and children, including definitions of the
function and responsibilities of Agency staff assigned to the children
receiving host family home care and their families;
(4) the rights and responsibilities of host
family home volunteers, as set forth in this Part; and
(5) the rights and responsibilities of the
child's parents, the host family home and the Agency regarding the designation
of a "person in parental relation" in accordance with Title 15-A of Article 5
of the General Obligations Law, including, but not limited to, the right of a
parent to terminate such designation at any time and the return of such child
to the parent upon termination.
(d) The Agency must develop a record for each applicant and each approved host family home that must include, but not necessarily be limited to:
(1) the
application;
(2) medical
report(s)
(3) summary of the home
study;
(4) interviews with
applicants;
(5) personal
references;
(6) record listing the
names of children cared for in the home with the dates of the children's entry
into and movement from the home;
(7) summary of each evaluation of the host
family home;
(8) physical
description of the home, including allocation of space;
(9) copies of correspondence with the
applicant and the host family home;
(10) reports from OCFS that notify the Agency
whether the applicant for approval is the subject of an indicated report of
child abuse or maltreatment on file with the Statewide Central Register of
Child Abuse and Maltreatment, and information from the Justice Center for the
Protection of People with Special Needs whether the applicant is listed on the
register of substantiated Category One cases of abuse or neglect; and
(11) the response from the New York State
Division of Criminal Justice Services regarding the criminal history of the
applicant and any adult household member over the age of 18 residing in the
home of the applicant.
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