428.6 Family assessments and service plans (content).
(a) The purpose of family assessments and service plans is to record
information gathered about family members in receipt of child welfare services, including
preventive services, child protective services, foster care and/or adoption services;
assist with evaluations and assessments of the family; assist with determining the
family's need for services necessary to achieve the child(ren)'s permanency planning goal;
assist with ascertaining family progress in meetingdesired outcomes and assist with
on-going planning with the family.
(1) Each family assessment and service plan
must include but is not limited to the following:
(i) a program choice or
choices for each child receiving services;
(ii) a goal and plan
for child permanency;
(iii) a description of
legal activities and their impact on the case;
(iv) a thorough and
comprehensive assessment or reassessment and analysis of the family members' strengths,
needs and problems;
(v) immediate actions
or controlling interventions, as defined in section 428.2 (j) of this Part, which must be
taken or have been provided;
(vi) the family's view
of its needs and concerns;
(vii) a plan of
services and assistance made in consultation with the family and each child over 10 years
old, whenever possible, which utilizes the family's strengths and addresses the family
members' needs and concerns;
(viii) the status of
the service plan including service availability and a description of the manner of service
provision;
(ix) the family's
progress toward plan achievement;
(x) essential data
relating to the identification and history of the child and family members and a summary
which documents the involvement of the parent(s) or guardian, child(ren) and any others in
the development of the service plan including their input into the service plan;
(xi) safety assessments
in all cases, as defined in section 428.2 (i) and section 428.3 (g) of this Part;
(xii) risk assessments
in child protective services cases, as defined in section 428.2 (h) of this Part; and
(xiii) assessments of
family functioning.
(2) Family assessment and service plans
prepared at the time a child enters foster care or is moved from one foster care placement
to another, as applicable, must also include but are not limited to the following:
(i) a description of
the reasonable efforts made to prevent or eliminate the need for placement or the
justification for the determination that reasonable efforts were not necessary;
(ii) identification of
all available placement alternatives and the specific reasons why they were rejected;
(iii) the efforts made
to locate any absent parents;
(iv) the type and level
of placement; documentation that the placement has been assessed to be one that can safely
provide for the individual needs of the foster child; and the reasons for selecting the
placement if it is not the least restrictive environment;
(v) documentation that
continuity in the child's environment has been maintained in accordance with the standards
in section 430.11 (c) of this Title, or the reasons why this is not practicable or in the
best interests of the child;
(vi) information about
whether the child will be placed with the child's siblings and half-siblings and, if not,
the reasons which preclude the placement and the arrangements made for contact between the
siblings and half-siblings;
(vii) an estimate of
the anticipated duration of the placement and the circumstances and conditions that must
be met to safely discharge the child from placement;
(ix) a visiting plan
for the child with his or her parent(s), guardian, siblings, halfsiblings and other
significant family members, potential permanency resources and/or any other persons of
significance to the child;
(x) a description of
the compelling or other reasons identified for not filing a petition to terminate parental
rights for any child in foster care for at least 15 of the most recent 22 months, if such
petition has not been filed or the child is not already free for adoption;
(xi) where concurrent
planning is determined through assessment to be warranted in the case, a description of
the alternate plan to achieve permanency for the child if the child cannot be safely
returned home.
(3) For a child in foster care, in a manner
consistent with Article 27-F of the Public Health Law regarding HIV confidentiality,
within ten days of the preparation of the complete initial family assessment and service
plan, a copy of the following components of that document must be given to the child's
parent(s) or guardian, counsel for such parent(s) or guardian, and the child's law
guardian: the family and children's service plan as described in subparagraphs (vii) and
(viii) of paragraph (1) of this subdivision, the visiting plan and those parts of the
uniform case record where the information described in paragraph (2) of this subdivision
are contained.
(4) Family assessment and service plans
prepared at the time a child is placed by the court in the direct custody of a relative or
other suitable person pursuant to Article 10 of the Family Court Act or is moved from one
such placement to another, as applicable, must also include but are not limited to the
following:
(i) a description of
the appropriateness of the living arrangement, including documentation that the placement
has been assessed to be one that can safely provide for the individual needs of the child,
and the caretaker's name and relationship to the child;
(ii) a description of
the child's functioning, including the child's adjustment to the placement, and how the
setting meets the child's needs;
(iii) a visiting plan
for the child with his or her parent(s), guardian, siblings, half-siblings and other
significant family members, potential permanency resources and/or any other persons of
significance to the child;
(iv) a description of
the permanency plan for the child; and
(v) where concurrent
planning is determined through assessment to be warranted in the case, a description of
the alternate plan to achieve permanency for the child if the child cannot be safely
returned home
(5) In addition to the requirements set forth
in paragraph (1) of this subdivision, each family reassessment and service plan must also
include but is not limited to:
(i) a review of the
prior assessments and analysis including necessary revisions to the prior assessment and
analysis, and
(ii) an evaluation of
the efficacy of the service plan and necessary modifications, additions or other revisions
needed to the service plan.
(6) In addition to the requirements set forth
in paragraphs (1) and (2) of this subdivision, family reassessment and service plans where
a child is in foster care must also include but are not limited to the following:
(i) a description of
the progress toward achievement of the permanency goal, including the compelling or other
reasons identified for not filing a petition to terminate parental rights for any child in
foster care for at least 15 of the most recent 22 months, if such petition has not been
filed or the child is not already free for adoption;
(ii) where concurrent
planning is determined through assessment to be warranted in the case, a description of
the alternate plan to achieve permanency for the child if the child cannot be safely
returned home; and
(iii) an evaluation of
the visiting plan.
(7) In addition to the requirements set forth
in paragraphs (1) and (2) of this subdivision, family reassessment and service plans where
a child is placed by a court in the direct custody of a relative or other suitable person
pursuant to Article 10 of the Family Court Act must also include but are not limited to
the following:
(i) a description of
the progress toward achievement of the permanency goal,
(ii) where concurrent
planning is determined through assessment to be warranted in the case, a description of
the alternate plan to achieve permanency for the child if the child cannot be safely
returned home; and
(iii) an evaluation of
the visiting plan.
(8) In addition to the requirements set forth
in paragraphs (1), (2), (4) and (5) of this subdivision, for children freed for adoption,
individual reassessments and service plans must be maintained in a child case record and
such record must also include but is not limited to:
(i) a description of
activities related to the exploration of alternative permanency resources, including the
child's foster parent(s), if any;
(ii) a description of
activities undertaken to prepare the child for adoption or other permanency plan;
(iii) actions taken to
place the child in an adoptive home or other permanent living arrangement, including
barriers to such placement and activities undertaken to overcome the barriers; and
(iv) for children
placed in an adoptive home or in an other permanent living arrangement, a description of
efforts to finalize the adoption or other permanency living arrangement;
(v) except that the
requirements of Paragraphs (1), (2) and (5) of this subdivision do not apply where they
relate to the child's parents(s) or to a foster child who is not free for adoption.
(b) All family assessment and service plans, including the initial and
comprehensive family assessment and service plans, and all family reassessments and
services plans, must include the signature(s) or electronic equivalent(s) of the case
planner, the case planner's supervisor and the case manager, and, where required pursuant
to section 432.2(b)(5) of this Title, the signature of the child protective services
monitor.