430.11 Appropriateness of placement
(a) The type and level of a foster care placement for a particular
child shall be considered appropriate for the purposes of this section if the standard for
continuity in the child's environment and the standards for appropriate level of
placement, as set forth in subdivisions (c) and (d) of this section, are met.
(b) The requirements of this section shall pertain to all children
placed in foster care for whom a uniform case record, as described in Part 428 of this
Title, is required. The appropriateness of a foster care placement shall be documented on
the forms prescribed by the department in Part 428, according to the standards for
documentation defined in the standard for continuity in the child's environment and the
standards for appropriate level of placement, as set forth in subdivisions (c) and (d) of
this section. In the absence of documentation in the uniform case record, the placement
shall be deemed inappropriate.
(c) Continuity in the child's environment.
(1) (i) Standard. Whenever possible, a child
shall be placed in a foster care setting which permits the child to retain contact with
the persons, groups and institutions with which the child was involved while living with
his parents, or to which the child will be discharged. It shall be deemed inappropriate to
place a child in a setting which conforms to this standard only if the child's service
needs can only be met in another available setting at the same or a lesser level of care.
(ii) Any Indian child
who is placed into foster care pursuant to the provisions of section 384, 384-a or 384-b
of the Social Services Law or article 3, 7 or 10 of the Family Court Act shall be placed
in the least restrictive setting which most approximates a family and in which his or her
special needs, if any, may be met. Placement in accordance with the order of preference
set forth in subdivision (f) of section 431.18 of this Title supersedes other continuity
factors in the placement of an Indian child. Any placement made pursuant to this
subparagraph shall, in the absence of good cause to the contrary, as defined in section
431.18(f)(2) or (g)(2) of this Title, be made according to the preferences set forth in
section 431.18(f) of this Title.
(2) Documentation. The uniform case record, as
described in Part 428 of this Title, shall:
(i) show in the first
uniform case record form required after the child's placement in his current setting that
the child has been placed in a setting which enables him or her to maintain ties to his or
her previous school, neighborhood, peers and family members, or show the reasons why such
placement was not practicable or in the best interests of the child;
(ii) show in the first
visiting plan required by the uniform case record after the child's placement in his
current setting that biweekly visits with the parents or significant others are possible
or the reasons why a placement was chosen which made such visits impossible;
(iii) show in the first
uniform case record form required after the child's placement in his current setting that
the child is placed under the supervision of a person or persons of a religious faith the
same as that of the child or is placed with an agency, association, corporation, society
or institution which is under the control of an incorporated or unincorporated church, as
defined in article one of the Religious Corporation Law, representing a religious faith
the same as that of the child, or, if that is not possible, show that the child's
religious faith will be protected, and preserved in the current setting, or show the
reasons why placement was not practicable or in the best interests of the child;
(iv) [Repealed 10/2/95
eff. 10/18/95]
(v) for foster care
placement involving Indian children, contain documentation which evidences the efforts
made by social services districts to comply with the order of preference set forth in
subdivision (f) of section 431.18 of this Title. Information concerning efforts by social
services districts to comply with the order of preference contained in the case record
shall be made available to the Indian child's tribe and the Secretary of Interior upon
request;
(vi) if the setting is
a foster family home or agency- operated boarding home, document in the first uniform case
record form required after the placeMent of the child in the current setting that a
determination has been made of the appropriateness of placing the child with his or her
siblings or half-siblings in accordance with the provisions of section 431.10 of this
Part;
(vii) the uniform case
record must include a written consideration of the safety and appropriateness of the
placement
(viii) if the child has
been placed in a foster care placement a substantial distance from the home of the parents
of the child or in a State different from the State in which the parent's home is located,
the uniform case record must contain documentation why such placement is in the best
interests of the child; and
(ix) if the child has
been placed in foster care outside of the State in which the home of the parents of the
child is located, the uniform case record must contain a report prepared every 12 months
by a caseworker either of the State in which the home of the parents of the child is
located or the State in which the home or facility is located documenting the caseworker's
visit to the child's placement within the 12 month period.
(3) For purposes of paragraphs (1) and (2) of
this subdivision, the term Indian child shall have the meaning which is given to such term
by subdivision (a) of section 431.18 of this Title.
(d) Standard for appropriate level of placement.
(1) The most appropriate level of placement for
each child will always be considered to be the least restrictive and most homelike setting
in which the child can be maintained safely and receive all services specified in his or
her service plan.
(2) Family foster homes and agency boarding
homes. The placement of a child in a foster family home or an agency boarding home shall
be considered placement at an appropriate level for the purposes of this section, if the
services required in the most recent assessment and service plan required by the uniform
case record are available to the child as part of the placement.
(3) Group homes and group residences.
(i) Standard. The
placement of a child in a group home or group residence shall be considered placement at
an appropriate level of care for the purposes of this section only if:
(a) the child is 10 years of age or older and the necessity of the child's placement is
based, in whole or in part, on one or both of the reasons described in paragraphs (c)(5)
and (6) of section 430.10 of this Part, as child service needs or pregnancy; and
(b) the services or supervision needed by the child cannot currently be provided in a
foster boarding home setting.
(ii) Documentation. The
first uniform case record form required after the placement of the child in the current
setting shall show the child's age and contain adequate documentation of the necessity of
placement, and shall specify the services needed by the child which cannot be provided in
a family foster home or agency boarding home.
(iii) Subparagraph (i)
of this paragraph notwithstanding, the placement of any child 10 years of age or older in
a group home or group residence shall be deemed placement at an appropriate level even
when the services or supervision needed by the child which cannot be provided in a foster
boarding home setting cannot be specified, if one or more previous placements in family
foster homes or agency boarding homes have been terminated due to the child's refusal to
stay in the home or the foster parents' refusal is due to the child's behavior. In this
event, the first uniform case record form required after the placement of the child in the
current setting shall contain a description of the previous placements and the reasons for
their terminations.
(iv) Subparagraph (i)
of this paragraph notwithstanding, the placement of any child in a group home or group
residence shall be deemed placement at an appropriate level if such placement is necessary
for the child to remain with his mother and/or siblings. In this event the first uniform
case record form required after the placement of the child in the current setting shall
indicate:
(a) that the child or his mother requires foster care due to pregnancy, as defined in
paragraph (c)(6) of section 430.10 of this Part; or
(b) that one or more siblings requires care in a group home or group residence and that it
is in the best interests of the child to maintain him or her with his or her siblings.
(v) Subparagraph (i) of
this paragraph notwithstanding, the placement of any child 10 years of age or older in a
group home or group residence shall be deemed placement at an appropriate level for the
purposes of this section, if the child has been a victim of incest and this is shown in
the first uniform case record form required after the placement of the child in the
current setting to be one of the reasons for placement.
(vi) Subparagraph (i)
of this paragraph notwithstanding, the placement of any child 10 years of age or older in
a group home or group residence shall be deemed placement at an appropriate level, if the
first uniform case record form required after the placement of the child in the current
setting shows that the parents resist placement of the child in a foster family home or
agency boarding home, that the group home or group residence would provide better access
to the parents than would a foster family home or agency boarding home, that the child's
permanency planning goal is discharge to parents, and that the State Commissioner of
Social Services or his or her representative has approved placement in this setting.
(4) Institutional placement.
(i) Standard. The
placement of a child in an institution, as defined in Part 442 of this Title, other than a
group residence, shall be considered placement at an appropriate level for the purposes of
this section only if the child is 12 years of age or older and:
(a) the necessity of the child's placement is based, in whole or in part, on one or more
reasons described in paragraph (c)(5) of section 430.10 of this Part as child service
needs; and
(b) if services or a level of supervision are needed by the child which cannot currently
be provided in any other level of care and which can be provided in the institution in
which the child is placed.
(ii) Documentation. The
first uniform case record form required after the placement of the child in the current
setting shall show the age of the child, and contain adequate documentation of the
necessity of placement, which services or level of supervision needed by the child cannot
currently be provided in any other level of care, and efforts to obtain necessary services
or supervision in a less restrictive level of care.
(5) Supervised independent living.
(i) Standard. The
placement of a child in supervised independent living shall be considered placement at an
appropriate level for the purposes of this section only if the child:
(a) is at least 16 years of age and
(1) has been in foster care for at least 90 consecutive days during period immediately
preceding the date on which the child entered the program, or
(2) is in the care and custody of a social services official but has been discharged from
foster care on a trial basis at the time that the child entered the program;
(b) has a permanency planning goal of another planned living arrangement with a permanency
resource; and
(c) will be discharged from care within 12 months after placement in the program and has
an established service plan for discharge; a child in a supervised independent living
program may be discharged from care within 18 months after placement in the program if is
determined that the child would be unable to complete a vocational training or educational
program if the child was discharged from the program to an alternative address within 12
months after placement in the program.
(ii) Documentation. The
first uniform case record form required after placement of the child in the program must
show that the child was at least 16 years of age and was in foster care for at least 90
consecutive days during the period immediately preceding the date on which the child was
placed in supervised independent living, or was in the care and custody of a social
services official but had been discharged from foster care on a trial basis at the time
the child entered such program, that he or she has a permanency planning goal of another
planned living arrangement with a perrmanency resource, and that the anticipated discharge
date is no later than 12 months after the placement of the child in supervised independent
living, unless the child will be unable to complete a vocational training or educational
program if the child was discharged from the supervised independent living program to an
alternative address. In such instances the discharge date must be no later than 18 months
after the child entered the program, and documentation must be provided that details why
the child would be unable to continue in the vocational/educational program if the child
was discharged to an alternative address.
(6) Child placed in facilities operated or
supervised by the Office of Mental Health or the Office of Mental Retardation and
Developmental Disabilities.
(i) Standard. The
placement of a child in a facility operated or supervised by the Office of Mental Health
or Office of Mental Retardation and Developmental Disabilities shall be considered
placement at an appropriate level of care for the purposes of this section only if the
child meets the criteria for admission to a facility operated or supervised by the Office
of Mental Health or Office of Mental Retardation and Developmental Disabilities.
(ii) Documentation. For
children placed in facilities operated or supervised by the Office of Mental Health or
Office of Mental Retardation and Developmental Disabilities, the name and location of such
facility shall be included in the uniform case record. The inclusion of such information
in the case record shall be deemed to fulfill the documentation requirements of this
subparagraph.
(e) Court placements. Notwithstanding any other provision of this
section, a placement shall not be subject to denial of reimbursement due to inappropriate
placement if a court has ordered that the child be placed in that particular setting. The
first uniform case record form required after the placement of the child in the current
setting shall include either a copy of the court order or a description of the terms of
the order. In the event that a utilization review of the case has been completed, and has
found that the child's placement does not comply with the requirements of this section,
other than that defined in this subdivision, the district shall petition the court for a
rehearing of the case within 30 days of the notification to the district that the
placement is not appropriate. The district shall submit the finding of the utilization
review to the court as documentation for the court review.
(f) Notwithstanding any other provision of this section, the placement
of a child under 10 years of age in a group home or group residence and the placement of a
child under 12 years of age in an institution other than a group residence shall be deemed
necessary and excepted from the age standards, as defined in clause (d)(3)(i)(a) and
subparagraph (d)(4)(i) of this section, only if:
(1) the child's service needs, as documented in
the first uniform case record form required after placement in such setting require:
(i) sufficient
supervision that professional staff are required who are awake and on duty 24 hours per
day, where professional staff shall include all those whose primary responsibility is to
supervise, teach, provide therapy to, or otherwise deal directly with the children; and
(ii) at least three of
the following:
(a) intensive therapy from a licensed psychologist or psychiatrist or a certified social
worker;
(b) for a group home or group residence onsite medical staff on a daily basis, and for
institutions onsite medical staff at least 16 hours per day;
(c) a licensed speech pathologist;
(d) a licensed physical therapist;
(e) any other licensed or certified therapist;
(f) onsite educational services;
(g) structured recreational therapy; and
(2) the group home, group residence, or
institution has been granted written approval to care for children of these ages by the
commissioner of the State Department of Social Services or by his or her representative,
and the review of the agency's program which precedes this approval includes consideration
of the ratio of staff to children in care; or
(3) if the considerations in paragraph (1) or
(2) of this subdivision are not met but the placement has been approved by the State
Commissioner of Social Services or by his or her representative.