N.Y. Comp. Codes R. & Regs. tit. 18 § 431.8

Current through Register Vol. 46, No. 45, November 2, 2024

Section 431.8 - Procedures in cases of children absent without consent from foster care placement

(a)Definition.

For purposes of this Part, a child absent without consent is a child who has been placed by an authorized agency in foster care in a certified foster boarding home, an approved relative foster home, or a licensed foster care facility, and who runs away or is otherwise absent without the consent of the person(s) or facility in whose care the child has been placed.

(b)Reporting requirements.

(1) The name of a foster child who is absent without consent from a foster care placement must be reported no later than 24 hours from the time the absence occurs by the foster parent or staff of an agency boarding home, group home, or institution to the authorized agency responsible for supervising the placement of the child.

(2) If the authorized agency receiving the report is a voluntary agency, that agency must also report the child's absence within 24 hours of such absence to the social services district which has custody of the child.

(3)

(i) An authorized agency receiving a report of a child in foster care's absence without consent must report the absence to the local law enforcement agency and to the National Center for Missing and Exploited Children immediately, and in no case later than 24 hours after receiving notice of such absence.

(ii) In addition to the requirement set forth in subparagraph (i) of this paragraph, a social services official must report to law enforcement and to the National Center for Missing and Exploited Children immediately, and in no case later than 24 hours of receiving information that the following categories of children are missing or abducted:

(a) a child of a family for which the social services district has an open child protective services or open preventive services case;

(b) a child or youth who is receiving federally funded independent living services;

(c) a child under the supervision of the social services district pursuant to a court order; or

(d) a youth over whom the social services district has supervision responsibilities in accordance with section 430.12(f)(4)(i)b of this Title.

(iii) An authorized agency receiving information that a child in foster care or a child as referenced in clauses (a)-(d) of subparagraph (ii) of this paragraph has been identified as being a sex trafficking victim, as defined by applicable Federal law, must immediately, and in no case later than 24 hours after receiving such information, report such child to law enforcement.

(iv) Reports made pursuant to this paragraph must include, if reasonably possible:

(a) a photo of the missing or abducted child or youth;

(b) a description of the child's or youth's physical features, such as height, weight, sex, ethnicity, race, hair color, and eye color; and

(c) endangerment information, such as the child's or youth's pregnancy status, prescription medications, suicidal tendencies, vulnerability to being sex trafficked, and other health or risk factors.

(4) An authorized agency receiving a report of a child's absence without consent must report the absence to the child's biological parents within 24 hours of such absence unless the parents' parental rights have been terminated, the parents have surrendered the child for adoption, or the parents cannot be located.

(5) Where the family court has approved the foster care placement, the local social services commissioner in whose custody the foster child has been placed, or a designated representative, must provide written notice to the family court which approved the petition for foster care of the child's absence without consent within 48 hours of the reported absence.

(6) A report of a child's absence without consent must be reported to the Child Care Review Service no later than seven calendar days of the absence, and must be documented in the uniform case record within 30 days of such report.

(c)Required casework contacts.

(1) When a foster child is reported to an authorized agency as absent without consent, the case manager or case planning supervisor is responsible for ensuring that diligent efforts are made no later than 72 hours after the report of the absence to contact the following persons for any information concerning the child's location:

(i) members of the child's foster family household or the agency boarding home, group home or institution where the child was placed;

(ii) members of the child's biological family and extended family, including relatives within the third degree of the child, where known, or legal guardian of the child;

(iii) the child's school principal, teacher(s) or other appropriate staff at the school last attended;

(iv) close friends of the child, where known;

(v) adults known to be working with the child in recreational or educational activities;

(vi) professional persons involved with the child's development, including, but not limited to, doctors, nurses, psychologists, psychiatrists, or clinical social workers;

(vii) the administrator or coordinator(s) of the county's runaway and homeless youth services.

(2) If a child who is absent without consent cannot be located after conducting the required casework contacts in accordance with paragraph (1) of this subdivision, and such child remains in the custody of the local social services commissioner, the case manager or case planning supervisor is responsible for ensuring that a continuing effort is made to locate the child. Within each 30-day period following the child's absence, reasonable efforts must be made to obtain information on the child's location as long as the child remains in the custody of the local social services commissioner or until the child is discharged in accordance with paragraphs (f)(2) and (3) of this section. Sources to be contacted for such information must include, but are not limited to:

(i) members of the child's foster family household or the agency boarding home, group home or institution where the child was placed;

(ii) members of the child's biological family and extended family, including relatives within the third degree of the child, where known, or legal guardian of the child;

(iii) the child's school principal, teacher(s) or other appropriate staff at the school last attended;

(iv) the administrator or coordinator(s) of the county's runaway and homeless youth services; and

(v) the local law enforcement agency.

(d)Cooperation with law enforcement agencies.

(1) Information provided to the authorized agency responsible for a child's care which might lead to the location of a child absent without consent from a foster care placement must be transmitted by the authorized agency to the local law enforcement agency within 24 hours after receipt of such information.

(2) The local social services commissioner or an authorized representative may petition the family court having jurisdiction over the foster child for a warrant to return the child who is absent without consent if the child's presence is required at a hearing or proceeding in family court and the local law enforcement agency requires such a warrant before acting to return the child.

(e)Documentation.

Information gathered under the provisions of subdivisions (c) and (d) of this section must be documented in the progress notes of the uniform case record for a foster child who is absent from a foster care placement. Such information must include persons contacted, dates of those contacts, and information pertaining to the child's absence.

(f)Case disposition for a child absent without consent.

(1) A child who is absent without consent from a foster care placement and who has been determined to be a runaway by the authorized agency responsible for the child's care must be reported as absent to the system of record and payment to the authorized agency for the child's foster care must be suspended no later than seven consecutive calendar days after the child has been absent, in accordance with section 628.3 of this Title.

(2) A child placed pursuant to article 3 of the Family Court Act who is absent without consent shall not be eligible for conditional release as set out in section 431.19 of this Part solely by reason of such absence. Such child shall have his/her placement interrupted as provided in section 431.20 of this Part or shall be discharged from care if one of the following events occurs:

(i) the local social services commissioner petitions for and the family court grants termination of the local social services commissioner's custody of the child; or

(ii) the court order granting custody of the child to the commissioner expires, subject to any recalculation of the length of placement of a child placed pursuant to a delinquency adjudication, as provided in section 431.20 of this Part; or

(iii) the child becomes 21 years old or, for a child placed restrictively pursuant to section 353.5 of the Family Court Act for an act committed when the child was 16 or 17 years old, the child becomes 23 years old.

(3) A child 16 years of age or older placed pursuant to article 7, 10, 10-B or 10-C of the Family Court Act or pursuant to section 384 or 384-a of the Social Services Law who is absent without consent from a foster care placement and who cannot be located, or is located and refuses to return after the responsible authorized agency has used diligent efforts for 60 consecutive days in accordance with subdivisions (c) and (d) of this section must be discharged from care if one of the following events occurs:

(i) the local social services commissioner petitions for and the family court grants termination of the local social services commissioner's custody of the child; or

(ii) the court order granting custody of the child to the commissioner expires; or

(iii) a voluntary placement agreement executed pursuant to section 384-a of the Social Services Law is revoked by order of the court or by expiration of the agreement; or

(iv) the child becomes 21 years old.

(4) A child under the age of 16 years placed pursuant to article 7, 10, 10-B or 10-C of the Family Court Act or pursuant to section 384 or 384-a of the Social Services Law who is absent without consent from a foster care placement and who cannot be located after the responsible authorized agency has used diligent efforts for 60 consecutive days in accordance with subdivisions (c) and (d) of this section must be continued as a case in suspended payment after the child has been absent for seven consecutive calendar days in accordance with section 628.3 of this Title. The child's status must be indicated as absent in the system of record until the child has been located, or until one of the following events occurs:

(i) the local social services commissioner petitions for and the family court grants termination of the local social services commissioner's custody of the child; or

(ii) the court order granting custody of the child to the commissioner expires; or

(iii) a voluntary placement agreement executed pursuant to section 384-a of the Social Services Law is revoked by order of the court or by expiration of the agreement; or

(iv) the child becomes 21 years old.

(5) Upon the return to care of a child absent without consent, the foster care case must be restored to the status of "active open" in the system of record.

(g)Services to be provided following reinstatement in foster care after absence without consent.

When a child is returned or returns voluntarily to foster care after being absent without consent, diligent efforts must be made to provide services to the child which will restore the child to a supportive environment. In addition to providing the foster care services required by this Title, an assessment must be made of the need of the child for rehabilitative services. Such services may include, but are not limited to:

(1) remedial educational services;

(2) psychological counseling;

(3) medical services in accordance with section 441.22 of this Title; and

(4) drug and alcohol abuse treatment where available from a public agency.

If a determination is made that any such services are needed by the child, referrals to providers of such services must be made and such referrals must be documented in the uniform case record.

(h) Whenever a child in foster care is absent without consent as defined in this section, the authorized agency with either case management or case planning responsibility for the child must:

(1) determine and document in the child's case record the primary factors that contributed to the child running away or otherwise being absent without consent and to the extent possible and appropriate, respond to those factors in the child's current and subsequent foster care placements; and

(2) determine the child's experiences while absent from care, including screening the child as a possible sex trafficking victim as that term is defined by applicable Federal law.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 431.8

Amended New York State Register June 17, 2015/Volume XXXVII, Issue 24, eff. 6/17/2015

Amended New York State Register December 11, 2019/Volume XLI, Issue 50, eff. 12/11/2019

Amended New York State Register September 4, 2024/Volume XLVI, Issue 36, eff. 9/4/2024