N.Y. Comp. Codes R. & Regs. tit. 18 § 444.2

Current through Register Vol. 46, No. 43, October 23, 2024

Section 444.2 - Definitions

(a) Parent means a birth parent, or an adoptive parent with legal custody of the child who is considering entering into a designation of person in parental relation. In the event that both parents are considering entering into a designation of person in parental relation, the provisions of this part shall apply to both of them.

(b)Child receiving host family care means a person under the age of 18 who remains in the legal custody of their parent(s)/guardian and is not in the care and custody or custody and guardianship of the commissioner of a local department of social services, a voluntary authorized agency, including a host family agency or OCFS. For purposes of this Part, the term "child" shall also include children if there is more than one child to receive host family home care.

(c)Host family home agency, which for purposes of this Part shall be referred to as Agency, means an authorized agency, as defined in paragraph (a) subdivision 10 of section 371 of the Social Services Law, which:

(i) has the specific corporate power or is empowered by law to place out a child in a host family home for the purpose of providing care, and

(ii) such care is provided upon the approval and consent of the child's parent(s), and

(iii) such care is temporary based on a duly executed designation of "person in parental relation" in accordance with Title 15-A of Article 5 of the General Obligations Law. Such corporate authority must be approved by OCFS as required by Social Services Law 460-a before an agency may file with the New York State Department of State. A host family home agency may also provide additional services to families, including, but not necessarily limited to, arranging for parents and children to be cared for together in a host family home, and services to assist a family in need of day-to-day community-based support by peers.

(d) Host family care means the temporary care of a parent and a child in an approved host family home or a child in an approved host family home identified by a host family home agency following the execution of a designation of a "person in parental relation" by the child's parent authorizing such care in an informed way with the designated host family home in accordance with Title 15-A of Article 5 of the General Obligations Law and the provisions of this Part.

(e)Host family home means a residence owned, leased, or otherwise under the control of either a person over the age of 21 or family who is an approved volunteer by an Agency.

(f)Host family home program mean those supportive services provided to children and their families in accordance with the provisions of this Part for the purpose of: assisting a family in need of day-to-day community-based supports by peers, arranging for parents and children to be temporarily cared for together in a host family home, and/or temporarily supporting a family when a parent has determined that he/she is temporarily unable to care for their child and has knowingly made an informed agreement through a designation of a "person in parental relation" to allow a host family to care for his or her child as a way to avert the need for more formal child welfare intervention.

(g)Person in parental relation pursuant to Title 15-A of Article 5 of the General Obligations Law.

(h)OCFS means the New York State Office of Children and Family Services.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 444.2

Adopted New York State Register December 8, 2021/Volume XLIII, Issue 49, eff. 12/8/2021