N.Y. Comp. Codes R. & Regs. Tit. 18 § 441.2 - Definitions
For the purposes of this Article:
(a)
Child or
youth means a person who meets all of the following criteria:
(1) Age.
(i) the child or youth is under the age of 18
years; or
(ii) is between the ages
of 18 and 21 years and entered foster care before his or her 18th birthday, and
has consented to remain in foster care past his or her 18th birthday or
re-entered foster care in accordance with article 10-B of the Family Court Act;
or
(iii) is under 24 years of age
and entered foster care pursuant to a delinquency adjudication in accordance
with article 3 of the Family Court Act which occurred on or after October 1,
2018 for a child who was 16 years of age at the time of the offense or on or
after October 1, 2019 for a child who was 17 years of age at the time of the
offense.
(2) Residential
program. The child is cared for away from his or her home 24 hours a day in a
foster family free home; a duly licensed, certified, or approved foster family
boarding home; child care institution, or health care facility; or any
combination thereof.
(3) Placement.
(i) the child's care and custody or
guardianship and custody have been transferred to an authorized agency pursuant
to the provisions of section 358-a, 383-c, 384 or 384-a of the Social Services
Law; or
(ii) the child has been
placed with a social services official pursuant to article 3, 7, 10, 10-B or
10-C of the Family Court Act.
(b)
Voluntary authorized
agency means any agency, association, corporation, institution,
society or other organization which is incorporated or organized under the laws
of New York with corporate power or empowered by law to care for, to place out
or to board out children, which actually has its place of business or plant in
this State and which is approved, visited, inspected and supervised by the
department or which shall submit and consent to the approval, visitation,
inspection and supervision of the department as to any and all acts in relation
to the welfare of children performed or to be performed under the provisions of
title 1 of article 6 of the Social Services Law.
(c)
Public authorized agency
means any local social services commissioner.
(d)
Authorized agency means
any voluntary authorized agency or any public authorized agency.
(e)
Child-care agency means
any voluntary authorized agency, any public authorized agency or the State
Division for Youth.
(f)
Institution means any facility for the care and maintenance of
13 or more children operated by a child-care agency.
(g)
Group residence means an
institution for the care and maintenance of not more than 25 children operated
by an authorized agency.
(h)
Group home means a family-type home for the care and
maintenance of not less than seven, nor more than 12, children who are at least
five years of age, operated by an authorized agency, in quarters or premises
owned, leased or otherwise under the control of such agency, except that such
minimum age shall not be applicable to siblings placed in the same facility nor
to children whose parent is placed in the same facility.
(i)
Agency boarding home
means a family-type home for the care and maintenance of not more than six
children operated by an authorized agency, in quarters or premises owned,
leased or otherwise under the control of such agency, except that such a home
may provide care for more than six siblings of the same family.
(j)
Foster family free home
care shall mean care provided to a child, at no cost to an authorized
agency, by a family other than that of the child's parent, stepparent,
grandparents, brother, sister, uncle, aunt or legal guardian for the purpose of
adoption or for the purpose of providing care.
(k)
Foster care shall mean
care provided a child in a foster family free home or boarding home, group
home, agency boarding home, child-care institution, health-care facility or any
combination thereof.
(l)
(1)
Sprinkler system means
an approved, automatic system for fire protection purposes, including a network
of piping, heat-activated sprinkler heads, a controlling valve and a device for
activating an alarm when the system is activated by heat from a fire, which
system is connected to a water supply. A sprinkler system must be designed,
installed and maintained in accordance with the New York State Uniform Fire
Prevention and Building Code in all rooms and spaces throughout a
building.
(2)
Fire
detection system means an approved installation of equipment which
automatically activates a fire alarm when the detecting element is exposed to
fire, abnormal rise in temperature or the presence of smoke. Smoke-detecting
elements must be provided in all exitways, stairways, corridors, bedrooms and
other spaces where such equipment is determined by the department architect to
be necessary for the safety of the resident children due to the physical nature
of the structure and the nature of the resident population. Heat-detecting
elements must be provided in attics, kitchens and areas of fire hazard as
defined in paragraph (5) of this subdivision. A fire detection system must be
designed, installed and maintained in accordance with the New York State
Uniform Fire Prevention and Building Code.
(3) A manually operated fire alarm
system means an approved system of hand-activated fire alarm boxes,
electrically interconnected to fire alarm sounding devices audible throughout a
building. Buildings occupied by the hearing impaired must have alarm systems
which include flashing lights. A fire alarm system must have an approved
back-up power source which is automatically activated upon loss of its primary
power source. A fire alarm system must be designed, installed and maintained in
accordance with the New York State Uniform Fire Prevention and Building
Code.
(4)
Approved
means approved in writing by the department as adequate for the intended use
and meeting the requirements, if any, of the appropriate local
authority.
(5)
Area of fire
hazard means a heating equipment room; a woodworking shop; a paint
shop; a storeroom for mattresses, furniture, paints and/or other combustible or
flammable materials or liquids; and any other space or room exceeding 100
square feet in floor area where other combustible or flammable materials are
regularly stored.
(6)
Fire
protection systems and equipment means sprinkler, fire detection and
fire alarm systems; emergency lighting; exit signs; fire extinguishers; fire,
exit and smoke doors with hardware including closers, locks and panic bars;
exterior exit stairs and fire escapes; and other special systems and equipment
identifiable with fire safety and protection, including, but not limited to,
range hood extinguishing systems, emergency shut-off valves and switches, fire
dampers, smoke vents and fusible links. There must be no modification or
replacement of such systems or equipment in buildings or parts of buildings
used in the operation of an institution unless such modification or replacement
is in accordance with plans approved by the department.
(7)
Carbon monoxide detector
means a device that detects the presence of carbon monoxide (CO) gas to prevent
carbon monoxide poisoning.
(m)
Supervised independent living
program means one or more of a type of agency boarding home operated
and certified by an authorized agency in accordance with the regulations of the
Office of Children and Family Services to provide a transitional experience for
older youth who, based upon their circumstances, are appropriate for transition
to the level of care and supervision provided in the program.
(n)
Supervised independent living
unit means a home or apartment certified in accordance with the
standards set forth in Part 449 of this Title by an authorized agency approved
by the Office of Children and Family Services to operate a supervised
independent living program for the care of up to four youth including their
children. Each supervised independent living unit must be located in the
community separate from any of the authorized agency's congregate
dwellings.
(o)
Parent
advocate means a person who has previously been a recipient of child
welfare services, has successfully addressed the issues which brought the
family to the attention of child welfare, has been reunified with his or her
children, if applicable, and had subsequently been trained as a parent advocate
to work within the child welfare system. A parent advocate is employed by or
under contract with an authorized agency, or is employed by an agency that is
under contract with an authorized agency, for the purpose of providing support
and advocacy to parent(s) or relative(s) through a variety of activities,
including, but not limited to, engaging parent(s) or relative(s) and assisting
them to understand the child welfare and family court process; attending case
conferences; coaching for productive visitation between parents and their
children in foster care; accompanying parent(s) or relative(s) to court,
school, public benefits offices, and health centers; assisting parent(s) in
advocating for themselves; providing assistance in accessing community
services; facilitating appointments; and working as a liaison between parent(s)
or relative(s), caseworkers, foster parents, and other service
providers.
(p)
Office means the New York State Office of Children and Family
Services.
(q)
Family and
permanency team means the family and child permanency team that is
required to be assembled in accordance with section 409-h of the Social
Services Law and section
439.2 of this Title.
(r)
Qualified individual
means a trained professional or licensed clinician acting within their scope of
practice who shall have current or previous relevant experience in the child
welfare field and who shall conduct the assessment required for a child in
accordance with section 409-h of the Social Services Law and section
439.2 of this Title. Such
individual shall not be an employee of the Office of Children and Family
Services, nor shall such person have a direct role in case management or case
planning decision-making authority for the child for whom such assessment is
being conducted, in accordance with
42 United States Code
sections 672 and
675a and the state's approved
Title IV-E state plan.
(s)
Qualified residential treatment program means a program that
is a non-foster family residential program in accordance with
42 United States Code
sections 672 and
675a and the state's approved
Title IV-E state plan and that meets the requirements of section
439.4 of this Title and which is
approved by the Office to operate as a qualified residential treatment
program.
(t)
Aftercare
shall mean services and supports provided to a child and, where
applicable, such child's family or discharge resource to increase the success
and well-being of the child when stepped-down to a home-based placement or when
discharged from foster care altogether.
(u)
Qualified residential treatment
program exception means: a supervised setting as defined in section
371 of the Social Services Law and governed by Part 449 of this Title; a
program for youth who have been or at risk of sex trafficking governed by Part
440 of this Title; or a specialized program to serve prenatal, postpartum or
parenting youth certified pursuant to this Title.
(v)
Child of a parenting
youth, means a child, children or an infant who is not in foster care
but who resides with their parent who is in foster care, pursuant to paragraph
(3) of subdivision (a) of this section, and where the child and parent are part
of a parenting youth and child of a parenting youth unit as such term is
defined in section
427.2 of this Title.
Notes
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