Home Studies for Adoptive and Foster Placements for Out-of-State Children and for Inter-County ...
NY-ADR
10/10/07 N.Y. St. Reg. CFS-27-07-00004-A
NEW YORK STATE REGISTER
VOLUME XXIX, ISSUE 41
October 10, 2007
RULE MAKING ACTIVITIES
OFFICE OF CHILDREN AND FAMILY SERVICES
NOTICE OF ADOPTION
I.D No. CFS-27-07-00004-A
Filing No. 1016
Filing Date. Sept. 24, 2007
Effective Date. Oct. 10, 2007
Home Studies for Adoptive and Foster Placements for Out-of-State Children and for Inter-County Placements
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of Parts 357, 421, 428, 430, 441 and 443 of Title 18 NYCRR.
Statutory authority:
Social Services Law, sections 20(3)(d), 34(3)(f), 374-a and 378-(5)
Subject:
Home studies for adoptive and foster placements for out-of-state children and for inter-county placements; child abuse and maltreatment screening for prospective adoptive and foster parents.
Purpose:
To implement the requirements of the Federal Safe and Timely Interstate Placement of Foster Children Act of 2006 (Public Law 109-239) which establishes timeframes for the completion and submission of home studies of prospective foster or adoptive parents who are being considered as potential resources for foster children from other states and for the frequency of casework visits of foster children placed outside of New York State and provisions of the Federal Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109-248) which requires that whenever a person applies for certification or approval as a foster or adoptive parent, or any other person over the age of 18 who resides in the home of such applicant resided in another state or states in the five years preceding the application for certification or approval, be screened for request child abuse and maltreatment information maintained by the previous state(s) of residence. Both laws took effect on Oct. 1, 2006.
Text or summary was published
in the notice of proposed rule making, I.D. No. CFS-27-07-00004-P, Issue of July 3, 2007.
Final rule as compared with last published rule:
No changes.
Text of rule and any required statements and analyses may be obtained from:
Public Information Office, Office of Children and Family Services, 52 Washington St., Rensselaer, NY 12144, (518) 473-7793
Assessment of Public Comment
The Office of Children and Family Services (OCFS) received one comment on the proposed regulations, from the New York City Department of Probation.
The comment was that the required frequency of visiting foster children placed out-of-state is inadequate. The commenter thought the frequency should be increased to four times per year.
Response:
OCFS will not make the recommended change. The regulations meet the time frames established by the federal Safe and Timely Interstate Placement of Foster Children Act of 2006. In making this decision, OCFS considered both the fiscal and programmatic consequences of the recommended change.
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