Statutes, codes, and regulations
New York Codes, Rules and Regulations
Title 18 - DEPARTMENT OF SOCIAL SERVICESChapter II - Regulations of the Department of Social ServicesSubchapter C - Social ServicesArticle 2 - Family and Children's Services
Part 435 - Respite Care and Services for Families and Foster Families
Section 435.2 - Definitions

N.Y. Comp. Codes R. & Regs. tit. 18 § 435.2

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Current through Register Vol. 46, No. 50, December 11, 2024
Section 435.2 - Definitions
(a) AIDS means Acquired Immune Deficiency Syndrome.
(b)Approved respite care and services provider means:
(1) a person or persons certified or approved by a social services district or a voluntary authorized agency in accordance with Part 443 of this Title to provide foster family boarding home care and who has or have been approved by the social services district or the voluntary authorized agency to provide respite care and services; or
(2) a person certified by a social services district or a voluntary authorized agency to provide emergency foster family boarding home care who has been approved by the social services district or the voluntary authorized agency to provide respite care and services; or
(3) an agency boarding home certified in accordance with Part 447 of this Title and which has been approved by a social services district to provide respite care and services; or
(4) a group home certified in accordance with Part 448 of this Title and which has been approved by a social services district to provide respite care and services; or
(5) a group residence or an institution as defined in Part 441 of this Title and certified in accordance with Part 442 of this Title and which has been approved by a social services district to provide respite care and services; provided, however, that a public institution caring for more than 25 children may not be approved to provide respite care and services for families; or
(6) any individual who has been approved by a social services district or by a voluntary authorized agency or a preventive services agency on behalf of the district to provide respite care and services for families in accordance with the standards contained in section 435.6 of this Part; or
(7) a provider or program certified or approved by the Office of Mental Health or the Office of Mental Retardation and Developmental Disabilities to provide care for children when such provider or program has been approved by a social services district to provide respite care and services for families.
(c)Child means biological child, stepchild, adopted child, ward of a guardian or child in the care of a caretaker adult with authority and responsibility to care for the child.
(d)Respite care and services means the provision of brief and temporary care and supervision of children for the purpose of relieving parents or foster parents of the care of such children or foster children when the family or foster family needs immediate relief in order to be able to maintain or restore family functioning or to provide relief for foster parents from the stress of providing care for a severely handicapped or emotionally disturbed foster child or for a foster child with a chronic or recurring illness.
(e)Family means parent(s) as defined in subdivision (j) of this section and the child(ren) who are in the parent's or parents' care, custody or guardianship.
(f)Foster family means foster parent(s), as defined in subdivision (g) of this section, and the children placed in such foster parents' care by a social services district or voluntary authorized agency.
(g)Foster parent(s) means a person or persons certified or approved by a social services district or voluntary authorized agency in accordance with Part 443 of this Title to provide care for 24 hours a day outside a child?s home for a child whose care and custody or custody and guardianship has been transferred to a social services district.
(h)HIV infection means infection with the human immunodeficiency virus or any other related virus identified as a probable causative agent of AIDS.
(i)HIV-related illness means any clinical illness that may result from or may be associated with HIV infection.
(j)Parent(s) means the biological or adoptive parent(s), step-parent(s), legal guardian(s) or other caretaker(s) with authority and responsibility to care for a child.
(k) [Reserved]
(l)Preventive service agency means a voluntary authorized agency as defined in subdivision (m) of this section, or a not-for-profit corporation as defined in paragraph (5) of subdivision (a) of section 102 of the Not-for-Profit Corporation Law, or a public agency that provides a program of preventive services as defined in Part 423 of this Title.
(m)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 such 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.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 435.2

Amended New York State Register December 23, 2015/Volume XXXVII, Issue 51, eff. 12/23/2015
Amended New York State Register August 9, 2023/Volume XLV, Issue 32, eff. 8/9/2023