Legislation and Regulations
Final Adopted Regulations
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.
Educational stability of foster children and the prevention of identity theft involving foster children - Amendment of parts 428.3, 430.11 and 430.12 of Title 18 of the Official Compilation of Codes, Rules and Regulations of the State of New York
Description
The adopted regulations implement federally required regulatory changes relating to educational stability of foster children and the prevention of identity theft involving foster children to comply with the federal Child and Family Services Improvement and Innovation Act of 2011 (P.L. 112-34).
Youth Development and Delinquency Prevention Program Fees –Title 9 of the Official Compilation of Codes, Rules and Regulations of the State of New York § 165-1.2
Description
The amendment authorizes a youth program to charge a fee to participate in a recreational services program. If the youth program chooses to charge a fee, it must accommodate any youth who is unable to pay the fee by either offering scholarships, a tiered fee schedule or waiving the fee. The former regulation did not permit State reimbursement under the Youth Development and Delinquency Prevention program for activities for which a fee was charged.
Amendment of section 180.8 of Title 9 of the NYCRR
Description
The adopted rulemaking streamlines the juvenile detention personnel requirements. In addition, where appropriate, the amendments conform the qualifications for juvenile detention personnel more closely to personnel requirements pertaining to staff in authorized agencies operating institutional facilities for children.
Amendment of section 180.7(c)(1) of Title 9 of the NYCRR
Description
The proposed rulemaking requires the designation of only one public official, instead of two, as the on-call 24 hour contact when the county places a youth in an out-of-county detention facility.
Multi-year Contract Regulations
Amendments to sections 405.3 and 405.4 of Title 18 of the Official Compilation of Codes, Rules and Regulations of the State of New York
Description
These regulations were needed to allow local social services districts to enter into multi-year contracts and thereby decrease reporting requirements associated with such contracts.
Child Care Subsidy Fraud Prevention
Amendments and additions to Parts 414, 415, 416, 417, 418-1 and 418-2 of Title 18 of the NYCRR
Description
The adopted rulemaking is necessary to clarify and define the circumstances under which child day care providers may be disqualified from receiving payments for child care services from a social services district for submitting false claims, operating over capacity or operating illegally.
Child Care Market Rate Regulations
Amendments and additions to section 415.9 of Title 18 of the Official Compilation of Codes, Rules and Regulations of the State of New York
Effective October 1st, 2011
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.
Kinship Guardianship:
Amendment of Parts 426, 428, 430 and 443, and the addition of Part 436, of Title 18 of the Official Compilation of Codes, Rules and Regulations of the State of New York.
Effective April 1, 2011
Description
The regulatory changes implement the kinship guardianship assistance and non-recurring guardianship expense programs enacted by Part F of Chapter 58 of the Laws of 2010, and by the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (P.L. 110-351). The kinship guardianship assistance program provides for monthly payments to relatives who assume legal guardianship of children to whom they are related by blood, marriage or adoption and for whom the relative was functioning for a period of time as a fully certified or approved foster parent..
Protection of Children in Residential Facilities from Child Abuse and Neglect:
Implementation of Chapter 323 of the Laws of 2008 - Amendment of Parts 166, 180 and 182 of Title 9 of the NYCRR and amendment of Parts 433 and 434 of Title 18 of the NYCRR.
Effective March 30, 2011
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.
Implementation of the federal Fostering Connections to Success and Increasing Adoptions Act of 2008
(P.L. 101-351) - Amendments to sections 421.24(c)(19), 428.3(b)(2)(iii) & (iv), 428.5(c)(6), 428.5(c)(10)(viii), 430.11(c)(1) &(2) and 430.12(c); renumbering of section 430.11(c)(2)(x) and the addition of sections 428.3(b)(2)(v), 430.11(c)(2)(ix), 430.11(c)(4), 430.12(c)(4), 430.12(j) to Title 18 of the NYCRR
Effective March 2, 2011
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.
Prohibiting the use of tobacco by staff and residents in residential programs caring for foster children
Title 18 of the New York State Compilation of Codes, Rules and Regulations § 441.23
Effective Feb 2, 2011
Description
The adopted regulations prohibit the use of tobacco by staff and residents in residential programs caring for foster children.
Removal of the Requirement to Report an Alien Receiving Referral Services and Protective Services to the United States Department of Homeland Security.
Effective December 29, 2010
Description
This regulation amends 18 NYCRR § 403.7(b) to clarify that social services districts no longer must report to the United States Office of Homeland Security a person residing unlawfully in the United States, or who can not produce evidence that he or she is lawfully residing in the United States, and that is eligible for or receiving adult protective services and/or child protective services. The regulation also repeals the limitation on the provision of adult or child protective services to the person upon assumption of responsibility for the case by either the federal government or the consulate.
Amending the definition of a child for adoption subsidy purposes and for the criteria for the continuation of an adoption subsidy after the death of the adoptive parent(s) – Amendment to section 421.24 of Title 18 of the Official Compilation of Codes, Rules and Regulations of the State of New York
Effective December 8, 2010
Description
The regulations implement amendments to the Social Services Law (SSL) enacted by Chapter 518 of the Laws of 2006 and Chapter 469 of the Laws of 2007. The definition of a child for adoption subsidy purposes in 18 NYCRR 421.24(a)(1) is amended to include a child who had a termination of parental rights proceeding pending on the child's 18th birthday and who thereafter consented to a disposition transferring guardianship and custody to an authorized agency. The regulations also authorize the payment of an adoption subsidy to the child's legal custodian where the child's adoptive parent(s) die prior to the child's 18th birthday. The regulations also permit the payment of an adoption subsidy, where the adoptive parent(s) die after the adopted child's 18th birthday to either a legal guardian where the child consents, to the adopted child, if capable, or to a representative payee designated by a social services official. The regulations also set forth criteria for when the adopted child may receive adoption subsidy payments directly or when it is appropriate to designate a representative payee.
Parent Advocates/Casework Contacts: Addition of section 441.2(o) and Amendment to sections 441.21(b)(1) and (2) of 18 NYCRR- Effective August 11, 2010.
Description
The regulations expand the category of individuals that a social service district or a voluntary authorized agency could utilize to complete the casework contact requirements with parents or relatives of children currently in foster care to include parent advocates under certain circumstances. The regulations are in response to a request for flexibility in the casework contact requirements by a community agency and support for this request by some child welfare officials and local departments of social service. The regulations allow social service districts and voluntary authorized agencies to count contacts currently being made by parent advocates, or to start utilizing parent advocates to conduct casework contacts with parents or relatives, as a limited number of the required casework contacts. This change further supports the use of parent advocates by local districts and voluntary authorized agencies, and could reduce overall costs of providing casework contacts without reducing the quality of care provided.
Foster Family Boarding Homes / Sibling Groups -
Amendment of 18 NYCRR sections 443.3(a)(4) and 443.3(a)(5).
Effective July 21, 2010
Description
The regulations amend the standards for the certification or approval of foster parents to allow greater flexibility for placement of sibling groups cared for in foster homes, as long as the sleeping arrangement is consistent with the health, safety and welfare of each of the children and is necessary to keep the siblings or half-siblings placed together in the same foster home.
Child Care Market Rate and Stimulus Regulations - Amendments and additions to sections 404.5, 415.2 and 415.9; and the renumbering of section 415.9(j)(2) to 415.9(j)(3) of Title 18 of the Official Compilation of Codes, Rules and Regulations of the State of New York
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 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.
Mandatory disqualification of foster and adoptive parents based on criminal history
Effective April 21, 2010
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.
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