N.Y. Comp. Codes R. & Regs. tit. 18 § 441.21

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

Section 441.21 - Facilities

(a) The local social services district, or the purchase of service agency, if required by the purchase of service agreement, shall provide casework contact services to the child, the child's caretakers and to the child's parents or relatives in the manner and degree specified in this section.

(b)Casework contact with parent or relatives.

(1)Casework contacts with the child's parents or relatives is defined as individual or group face-to-face contacts between one or more of the persons listed in subparagraph (i) of this paragraph, and the child's parents or relatives. Casework contacts are for the purpose of assessing whether the child would be safe if he or she was to return home, and the potential for future risk of abuse or maltreatment if he or she was to return home. Such contacts are also for the purpose of guiding the child's parents or relatives towards a course of action aimed at resolving problems or needs of a social, emotional, developmental or economic nature that are contributing to the reason(s) why such child is in foster care. In the case of children with the permanency planning goal of another planned living arrangement with a permanency resource or adult residential care, such contacts are for the purpose of mobilizing and encouraging family support of the youth's efforts to function independently, and to increase his/her capacity to be self-maintaining; evaluating the ability of the parents or relatives to establish or reestablish a connection with the youth and serve as a resource to the youth; and, where appropriate, encouraging an ongoing relationship between the parents or relatives and the youth. For purposes of this section, a case planner is defined as the person who is responsible for assessing the need for, providing or arranging for, coordinating and evaluating the provision of services to children in foster care and services to parents of children in foster care and such additional responsibilities as set forth in section 428.2(c) of this Title.

(i) For the purposes of this section, casework contacts must be made by the following:

(a) the case manager;

(b) the case planner;

(c) a caseworker assigned to the case, as directed by the case planner; or

(d) a parent advocate as defined in section 441.2(o) of this Part.

(ii) A parent advocate may be considered for the purpose of making casework contacts with the child's parent or relatives, as defined in this subdivision, when the contacts are directed, arranged, or otherwise coordinated by the case planner. A parent advocate providing casework contacts is permitted access to such child's foster care case file only if the parent advocate is employed by or under contract with an authorized agency, or employed by an agency under contract with an authorized agency, as defined in section 441.2(d) of this Part. Casework contacts between a parent advocate and the child's parent or relative can be made for the purposes set forth in this paragraph, except that they can not be used for the purposes of assessing whether the child would be safe if he or she was to return home, or the potential for future risk of abuse or maltreatment if he or she was to return home. The case planner is responsible for all assessments and case planning decisions; however, the parent advocate may be asked to provide their input. Parent advocates will be trained in risk and safety assessment, and parent advocates need to be prepared to provide any feedback to the case planner regarding any safety and risk issues they discover during case work contacts. Casework contacts made by a parent advocate must be recorded in accordance with Parts 428 and 466 of this Title.

(2) Frequency of casework contacts with parents or relatives.

(i) During the first 30 days of placement, casework contacts are to be held with the child's parents or relatives as often as is necessary but at a minimum, must occur at least twice unless compelling reasons are documented why such contacts are not possible. Such initial casework contacts within 30 days of placement must be made by the case manager, the case planner or a caseworker assigned to the case, as directed by the case planner.

(ii) After the first 30 days of placement, casework contacts are to be held with the child's parents or relatives at least once every month unless compelling reasons are documented why such contacts are not possible. Such monthly casework contacts made after the first 30 days of placement must be made by one of the persons set forth in subparagraph (1)(i) of this subdivision.

(a) No more than two of the monthly casework contacts in any six-month period may be made by a parent advocate.

(3) Location of casework contacts with parents or relatives.

(i) For children with a permanency planning goal of return to parents or relatives, casework contacts with the child's parents or relatives are to be scheduled to occur in the home of the parents or relatives to whom the child will be discharged as often as is necessary, but no less than the required frequency noted in subparagraph (ii) of this paragraph, unless compelling reasons are documented why such contacts are not possible.

(ii) Casework contacts with the child's parents or relatives are to be scheduled to occur in the home of the parents or relatives:

(a) at least once during the first 30 days of placement; and

(b) at least once every 90 days thereafter, for as long as the child remains in foster care, unless compelling reasons are documented why such contacts are not possible.

(4) The local social services district or the purchase of service agency, if required by the purchase of service agreement, is to facilitate casework contacts by scheduling contacts at least as often as required by this subdivision and by providing notice of the scheduled contact to the parents or relatives either by phone or through the mail.

(5) The provisions of subdivision (b) of this section are waived for any parent who has had his or her rights to the child in foster care terminated.

(6) The provisions of subdivision (b) of this section are waived for any parent, where the court has issued a finding that reasonable efforts to return the child to his or her home are no longer required, except that ongoing casework contacts must be made, to the extent practicable, for the purpose of discussing alternatives to termination of parental rights in accordance with section 384-b of the Social Services Law, such as surrender, including conditional surrender; and counseling the parent with respect to relinquishing the child and how the parent could help the child come to terms with the possibility and consequences of relinquishment.

(c)Casework contacts with the child.

(1)Casework contacts with the child is defined as individual or group face-to-face contacts between the case planner, or the caseworker assigned to the child, as directed by the case planner, or the case manager, and the child. The purpose of the contacts is to assess the child's current safety and well-being, to evaluate or reevaluate the child's permanency needs and permanency goal, and to guide the child towards a course of action aimed at resolving problems of a social, emotional or developmental nature that are contributing towards the reason(s) why such child is in foster care. Where a youth is parenting a child, as part of a parenting youth and child of parenting youth unit as defined in section 427.2 of this Title, efforts must be made to also see the child, children or infant of the parenting youth at each casework contact, to assess the safety and wellbeing of such child, children or infant of the parenting youth and to observe the parenting skills of the parenting youth. Such contact, assessment and observations must be documented in the parenting youth's uniform case record.

(2) During the first 30 days of placement, casework contacts are to be held with the child as often as is necessary to implement the services tasks in the family's and children's services plan but must occur at least twice. At least one of the two contacts must be held at the child's placement location. The focus of the initial contacts with the child must include, but need not be limited to, determining the child's reaction to the separation and their adjustment to the out-of-home placement and arranging for services necessary to meet their needs. After the first 30 days of placement, casework contacts are to be held with the child at a minimum of once a month. Such contacts must be face-to-face and in-person, except for those circumstances described in subparagraphs (ii) and (iv) of paragraph (3) of this subdivision. At least two of the monthly contacts every 90 days must be at the child's placement location.

(3)

(i) Where a child in foster care is placed in a foster home or foster care facility located outside of the State of New York, the monthly casework contact requirements set forth in paragraph (2) of this subdivision apply to such child. Such contacts must be made either by the authorized agency with case management and/or case planning responsibility for the child, a public agency in the state in which the foster home or foster care facility is located, or a private agency under contract with either the authorized agency or the other public agency.

(ii) Where a child in foster care is residing in a setting located outside of the State of New York that is not a foster home or foster care facility, the monthly casework contact requirements set forth in paragraph (2) of this subdivision apply to the child, except that such contacts may occur by means of videoconferencing, phone call, or other electronic means appropriate for the needs of the youth.

(iii) Casework contacts required by this paragraph must be recorded in the child's uniform case record in accordance the requirements of Part 428 of this Title.

(iv) In specific limited circumstances, the in-person requirement of casework face-to-face contacts may otherwise be satisfied by means of videoconferencing to meet the requirement. Such circumstances are limited to those that are beyond the control of the caseworker, child, or foster family, such as a declaration of an emergency that prohibits or strongly discourages person-to-person contact for public health reasons; a child or caseworker whose severe health condition warrants limiting person-to-person contact; and other similar public or individual health challenges. Even in the face of such challenges, agencies must continue to comply with the monthly casework contact requirement. Use of videoconferencing under these limited, specified circumstances, must be in accordance with the time frame requirements established in paragraph (2) of this subdivision and must closely assess the child's safety at each videoconference. The allowance of videoconferencing to meet the requirement is narrowly limited to the time frame during which the public or individual health challenge or issue renders it impossible or ill-advised to meet the in person requirement and must be well-documented in the child's case record.

(d)Casework contacts with the child's caretakers.

(1)Casework contacts with the child's caretaker is defined as face-to-face contacts by the case planner, or the caseworker assigned to the child, as directed by the case planner, or the case manager with those persons immediately responsible for the child's day-to-day care for the purpose of obtaining information as to the child's adjustment to foster care and for facilitating the caretaker's role in achieving the desired course of action specified in the child and family services plan.

(2) During the first 30 days of placement, casework contacts are to be held with the child's caretaker as often as is necessary, but at a minimum must occur at least once at the child's placement location. After the first 30 days of placement, casework contacts must be held with the child's caretaker at least monthly, and at least one of the monthly contacts every 90 days must be at the child's placement location.

(e) Services, contacts, visits, interviews and information required by this section must be recorded in progress notes in accordance with section 428.5 of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 441.21

Amended New York State Register December 23, 2015/Volume XXXVII, Issue 51, eff. 12/23/2015

Amended New York State Register March 18, 2016/Volume XXXVIII, Issue 20, eff. 5/18/2016

Amended New York State Register March 9, 2022/Volume XLIV, Issue 10, eff. 3/9/2022

Amended New York State Register April 10, 2024/Volume XLVI, Issue 15, eff. 4/10/2024