A final adopted regulation is a regulation that has been previously proposed and published, for which the public was afforded an opportunity for comment, and which OCFS now has adopted on a permanent basis. Unless the regulation has also previously been adopted as an emergency regulation, a regulation is not effective and not enforceable until it is filed with the Secretary of State with a proper certification, and a Notice of Adoption is published in the State Register. A final, adopted regulation will be posted on the OCFS website for a maximum of 90 days from adoption for the convenience of the public. The posting will include the assessment of public comment. After 90 days, it will be deleted from the website. Nevertheless, it is important to remember that the regulation remains valid and enforceable and can be accessed in the New York Code, Rules and Regulations.
The regulatory amendment concerns the payment of adoption subsidies to approved adoptive parent(s) prior to the finalization of the adoption of a child under certain circumstances and eliminates the requirement that such approved adoptive parent(s) also be certified or approved as foster parent(s).
Documents:
Market rates for subsidized child care: Update to the market rates social services districts can pay for subsidized child care.
Pursuant to Part H of Chapter 57 of the Laws of 2007, the regulation requires preventive services provided pursuant to section 409-a of the Social Services Law to include performance and outcome-based provisions beginning January 1, 2008. The regulation defines performance and outcome-based provisions and specifies the authorized fiscal consequence that may be imposed in the absence of the required provisions, updates regulatory conditions for state reimbursement of district expenditures for preventive services, and provides for a discretionary waiver under specified circumstances. Part H of Chapter 57 of the Laws of 2007 mandates that these regulations be effective by August 15, 2007.
The adopted regulations will amend section 415.3 of Title 18 to eliminate the requirement that recipients of low income child care subsidies pursue child support.
The regulations conform the existing regulation at 18 NYCRR 415.2(a)(1)(ii) with the statutory changes that were made to Social Services Law section 410-w(a) by Chapter 135 of the Laws of 2007. The changes expand the individuals who are eligible to receive guaranteed child care services in lieu of public assistance.
The regulatory amendment and addition was sought to revise and establish standards for the approval and operation of supervised independent living programs and supervised independent living units, as authorized by sections 374-b and 462 of the SSL. These programs provide a transitional experience to assist older youth in making a successful transition from foster care to self-sufficiency.