An emergency regulation is a regulation that has been adopted on an expedited, temporary basis because the Office of Children and Family Services (OCFS) has determined that it is necessary for the preservation of the public health, safety or general welfare, and that it would be contrary to the public interest to delay the adoption to comply with the ordinary process for adopting regulatory proposals. An emergency regulation is effective immediately when it is filed with the Department of State. An initial emergency filing expires in 90 days. Emergency regulations may be re-adopted. A re-adoption is effective for 60 days from date of filing. There is no public comment period associated with an emergency regulatory filing.
Child Care Stimulus Regulations - Amendment of section 404.5, section 415.2 and 415.9 of Title 18; renumbering of section 415.9(j)(2) to 415.9(j)(3) of Title 18; addition of a new section 415.9(j)(2) of Title 18.
Filing and Expiration Dates
Effective December 14, 2009. Filed on December 14, 2009 and will appear in the December 30, 2009 State Register.
Description
These regulations are needed to adjust the New York State Child Care Market Rates to reflect the federally mandated bi-annual cost of care survey and to continue to implement the changes to the New York State Child Care Block Grant that address the expanded need for child care services by families affected by the extensive loss of jobs and employment opportunities as a result of the economic downturn of the State and national economy. The regulations will benefit needy families by allowing social services districts the option to serve more eligible families. Local districts may now choose to expand the categories of eligible families to address the needs of families where the caretaker(s) qualify under the Displaced Workers Program, operated by the New York State Department of Labor, and participate in the training through this program. Local social services district may choose to serve these families to provide safe, affordable child care to enable these caretakers to be trained in various skills and rejoin the workforce in new employment. Finally, some districts have stated that they have insufficient funds to pay legally-exempt family and in-home child care providers at the enhanced child care market rate and as a result, changes were made to those market rates in an effort to assist the districts.
- PDF Signed - Notice of Emergency Adoption
- Finding of Necessity
- Reg Text
- Job Impact Statement
- Rural Area Flexibility Analysis
- Regulatory Flexibility Analysis
- Regulatory Impact Statement
Protection of Children in Residential Facilities from Child Abuse and Neglect: Implementation of Chapter 323 of the Laws of 2008 - Amendment of 433.1, 433.3, 433.4, 434.1(a), 434.2(b), (d) and (e), 434.3(a) and 434.10(f); repeal and addition of 433.2 to 18 NYCRR; amendment of 166-1.4, 180.3(h), (i), and (j), 180.5(b)(3), 182-1.2(i) and (j), 182-1.12(b), 182-2.2(h) and (i), 182-2.11(b); addition of 180.3(m), 182-1.2(v) and 182-2.2(r) to 9 NYCRR.
Filing and Expiration Dates
Effective January 12, 2010. Filed on January 12, 2010 and will appear in the January 27, 2010 State Register.
Description
The regulations implement Chapter 323 of the Laws of 2008 relating to the protection of children in residential facilities from child abuse and neglect.
- PDF Signed - Notice of Emergency Adoption
- PDF Signed- Emergency Cert
- Reg Text
- Job Impact Statement
- Rural Area Flexibility Analysis
- Regulatory Flexibility Analysis
- Regulatory Impact Statement
Fostering Connections to Success and Increasing Adoptions Act of 2008 (P.L. 101-351) - Amendment of §421.24(c)(19), §428.3(b)(2), §428.5(c), §430.11(c)(1) and §430.12(c); renumbering of §430.11(c)(2)(x) ; and addition of §428.3(b)(2)(v), §430.11(c)(2)(ix), §430.11(c)(4), §430.12(c)(4) and §430.12(j) of Title 18.
Filing and Expiration Dates
Effective December 21, 2009. Filed on December 21, 2009 and will appear in the January 6, 2010 State Register.
Description
The regulations implement the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (P.L. 101-351) that imposes requirements on the State of New York as a condition for future receipt of federal funding of foster care, adoption assistance and child welfare services under Title IV-B and Title IV-E of the Social Security Act. The requirements relate to the school enrollment of children upon entering foster care, the continued attendance in an education program by school age children following placement into foster care or adoption with an adoption subsidy, the involvement of relatives when a child is placed into foster care and the transition of children who are aging out of foster care.
- PDF Signed - Notice of Emergency Adoption
- PDF Signed- Emergency Cert
- Reg Text
- Job Impact Statement
- Rural Area Flexibility Analysis
- Regulatory Flexibility Analysis
- Regulatory Impact Statement
Criminal history record reviews of applicants to be certified or approved, or currently certified or approved, as foster or adoptive parents - Amendment of sections 421.27(d)(1) and 443.8(e)(1) of Title 18; repeal of sections 421.27(k) and 443.8(k) of Title 18.
Filing and Expiration Dates
Effective December 14, 2009. Filed on December 14, 2009 and will appear in the December 30, 2009 State Register.
Description
The regulations implement Chapter 623 of the Laws of 2008 relating to criminal history record reviews of applicants for certification or approval as foster or adoptive parents. The regulations reflect amendments to federal and state statutory standards relating to situations where such applicant has been convicted of a mandatory disqualifying crime. The regulations eliminate the category of presumptive disqualifying crimes and replace that category with the category of mandatory disqualifying crimes for applicants for certification or approval as foster or adoptive parents.