N.Y. Comp. Codes R. & Regs. Tit. 18 § 443.6 - Return to foster family care after interruption in care; return to a family boarding home following placement in a foster care institution
(a)
Whenever a social services official, or an authorized agency acting on such
official's behalf, determines that it is in the best interests of a child to be
placed in the foster family home in which the child was last placed, when such
child is returning to the foster care system after an interruption in care or
returning to a family boarding home following placement in a foster care
institution, the local social services district or the authorized agency shall
place the child returning to care or returning to a family boarding home with
the child's prior foster parent(s).
(b) When placement is made in compliance with
the provisions of this section, the local social services official or the
authorized agency shall waive the restrictions on the number of children who
may reside in a foster family home, notwithstanding subdivisions 3 and 4 of
section 378 of the Social Services Law and sections
427.2(d)
of this Title and 443.3 of this Part.
(c) The following factors must be considered
in all determinations as to whether it is in the best interest of the child to
place the child with his/her prior foster parent(s) when such child is
returning to foster care or returning to a family boarding home following
placement in a foster care institution:
(1)
certification/approval status of the prior foster parent(s);
(2) length of time in placement with prior
foster parent(s) and quality of relationship that developed during the
placement;
(3) length of time since
placement with the prior foster parent(s);
(4) basis for the child's discharge from
placement with the prior foster parent(s);
(5) willingness of prior foster parent(s) to
accept returning child;
(6)
willingness of child to return to prior foster parent(s);
(7) availability of space in the foster
home;
(8) ability of prior foster
parent(s) to care for returning child;
(9) proximity to prospective adoptive
parents, if return to care was caused by temporary disruptionof adoptive
placement;
(10) proximity to
siblings in care, if applicable; and
(11) compliance with standards for
appropriateness of placement and compliance with other applicable Office of
Children and Family Services' regulations.
(d) In the event a child returning to the
foster care system has been placed with foster parent(s) other than the prior
foster parent(s), the following factors must also be considered in the social
services official's or agency's determination of the best interest of the
child:
(1) how well the child is faring in
the new placement; and
(2) the
impact of removal of the child from the new foster parents and return to the
foster parents with whom he/she was last placed.
(e) The local social services district or the
authorized agency receiving the child for care or which is placing the child
following placement in a foster care institution shall document the basis for
determinations which result in placement of the child in a new foster family
home, rather than with his/her prior foster parents, in the first assessment
summary on the uniform case record after the child is placed in accordance with
Part 428 of this Title.
(f) The
local social services official or any authorized agency acting on such
official's behalf shall institute a supervisory review process to ensure that
all cases in which children are returning to care or are returning to a family
boarding home following placement in a foster care institution are properly
assessed for a determination as to whether it would be in the best interests of
the child to be placed with his/her prior foster parent(s).
Notes
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No prior version found.