428.7 Plan amendments (status changes).
(a) The purpose of a plan amendment is to describe and document
significant changes in the status of a case and to direct a reassessment of the family
and/or child's situation so that any necessary revisions to the service plan can be made.
(b) Changes in case status that require a plan amendment include, but
are not limited to situations where:
(1) preventive services are started for a
child;
(2) preventive services are ended for a child;
(3) a case is opened for child protective
services;
(4) child protective services are ended for a
case;
(5) a child enters or reenters foster care;
(6) a child is moved from one foster care
setting to another;
(7) a child becomes legally free for adoption;
or
(8) a child is discharged (trial or final) from
foster care (includes finalization of adoption.
(c) If a status change occurs prior to the completion of the initial
family assessment and service plan as required in section 428.3(f)(4) of this Part, the
change must be documented in a progress note entry.
(d) If a status change occurs subsequent to completion of the initial
family assessment and service plan, it must be documented and approved by the social
services district having case management responsibility for the case within 30 days of the
change, except for the changes designated in paragraph (b)(3) and (4) of this section
which must be documented and approved by the social services district having case
management responsibility for the case within seven days of the change. If any status
change occurs at the time of, or within 60 days prior to, the due date of the next family
assessment and service plan. Documentation within the family assessment and service plan
must include all information regarding the status change required by OCFS. Such
documentation must be provided in the form and manner as required by OFCS and, where
appropriate, include an update of the service plan for the family.
(e) All plan amendments must include the signature(s) or electronic
equivalents 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.
(f) When services are started for a family member previously not
receiving foster care or when preventive services are started in an existing case, the
case initiation date for the case will remain the date that was previously established for
the case according to the requirement of section 428.2(a) of this Part.
(g) 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 plan
amendment prepared for a child who enters or reenters foster care, a copy of the following
components of that document [most recently prepared family and children's service plan and
visiting plan, including any modifications to such plans necessitated by the placement or
replacement,] must be given to the child's parent(s) or guardian, counsel for such
parent(s) or guardian, and the child's law guardian, if any: the most recently prepared
family and children's service plan as described in section 428.6 (a) (1) (vii) and (viii)
of this Part, the visiting plan, including any modifications to such plans necessitated by
the placement or replacement, and those parts of the uniform case record where the
information described in section 428.6 (a) (2) of this Part are contained.