N.Y. Comp. Codes R. & Regs. tit. 18 § 444.11

Current through Register Vol. 46, No. 41, October 9, 2024

Section 444.11 - Duties and Responsibilities of Host Family Home Agencies

(a) The Agency must have policies and procedures in place to adequately provide that parents who seek to place their children in a host family home on a temporary basis are making an informed decision, including that parents are informed that they have legal rights, are not acting as a result of coercion, and are not incapacitated. Such policies and procedures shall include, but not be limited to:

(1) Providing information to such parent as required pursuant to section 444.4 of this part

(2) Providing information to such parent on where such parent may obtain free or low-cost legal representation;

(3) Information on available preventive services or other services within the community that may assist the parent

(4) Verifying that the parent is not seeking to execute a designation of "person in parental relation" as a result of coercion;

(5) Inform them of their legal rights in executing a "person in parental relation" form, including but not limited to the parent's ability to revoke the form at any time during the authorization period;

(6) That the parent is informed that they maintain legal custody of their child; and

(7) That the parent is informed on how to contact their child while their child remains in a host family home.

(b) Have policies and procedures that address the rights of children in host family homes. Including that certain rights may not be restricted or denied to children by the host family home, as described within this Part.

(c) Seek to recruit volunteer individuals with the ability and motivation to care for children in need of a substitute caregiver.

(d) The Agency must:

(1) Inform persons who express an interest in volunteering to be a host family home that each applicant and household member over the age of 18 must obtain his or her criminal history from the New York State Division of Criminal Justice Services and provide such history to the Agency prior to approval as a host family home;

(2) Inform persons who express an interest in volunteering to be a host family home that the Agency must inquire of OCFS whether any person who applies for approval to be a host family home 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 inquire of 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 maintained by the Justice Center for the Protection of People with Special Needs;

(3) Require applicants to complete the forms that are necessary for the Agency to inquire of OCFS whether the applicant is the subject of an indicated child abuse or maltreatment report on file with the Statewide Central Register of Child Abuse and Maltreatment and to inquire of 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 maintained by the Justice Center for the Protection of People with Special Needs;

(4) Inquire of OCFS whether the applicant 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 inquire of 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 maintained by the Justice Center for the Protection of People with Special Needs;

(5) Determine, on the basis of the information it has available and in accordance with guidelines developed by OCFS, whether to approve the application if an applicant 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/or is listed on the register of substantiated Category One cases of abuse or neglect maintained by the Justice Center for the Protection of People with Special Needs. If the Agency determines that it will approve the applicant to care for a child, the Agency must maintain a written record, as part of the application and home study file of such applicant, of the reason(s) why the applicant was determined to be appropriate and acceptable to care for a child;

(6) If the Agency denies the Host Family Home, the Agency must furnish the Host Family Home with a written statement setting forth its reason(s) for the denial.

(7) Permit a joint application to be submitted by married individuals living in the same household;

(8) Utilize the application form submitted by the applicant for approval as a host family home to elicit information including but not limited to the following:

(i) Age

(ii) Health

(iii) Physical functioning

(iv) Income

(v) Employment of applicants

(vi) Information regarding the physical home of the prospective host family home

(vii) Names of all other household members or anyone who will be sharing living accommodations with the child. This includes the names of all persons 18 years of age or older residing in the home whether living their full-time or intermittently.

(9) Require that the applicant for approval as a host family home submit all of the following information:

(i) Names, addresses and telephone numbers of at least three personal references, other than relatives, who can attest to the applicant's character, habits, reputation and personal qualifications and which must be verified in accordance with this section

(ii) A sworn statement by the applicant indicating whether, to the best of the applicant's knowledge, the applicant or any other person over the age of 18 currently residing in the home has ever been convicted of a crime in New York State or any other jurisdiction. If an applicant discloses in the sworn statement that the applicant or any other person over the age of 18 currently residing in the home has been convicted of a crime, the Agency must determine whether to approve such applicant. If the Agency determines that it will approve the applicant to care for a child, the Agency must maintain a written record, as part of the application and home study file of such applicant, of the reason(s) why the applicant was determined to be appropriate and acceptable to care for a child.

(iii) A copy of the applicant's and adult household member's criminal history information received from the New York State Division of Criminal Justice Services

(10) Require a report of a physical examination conducted not more than one year preceding the date of the host family home application by physician, physician assistant, nurse practitioner or other licensed and qualified health care professional, as appropriate, regarding the general health of the members of the applicant's home that indicates the absence of a communicable disease, infection or illness or any physical or mental condition that might affect the proper care of a child cared for in a host family home or the presence of any identified affliction does not pose a risk to the health or safety of a child cared for in a host family home.

(11) Establish a procedure to review and evaluate the backgrounds of and information supplied by all applicants and household members 18 years of age or older so to determine their appropriateness for provision of host family home care and to so inform the applicant of the decision in writing.

(12) Prior to the execution of a designation of "person in parental relation", as set forth in section 444.5 of this Part, notify any relatives identified by the parent seeking assistance from the Agency in accordance with this part, where such parent has requested that such relative of the child be notified.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 444.11

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