N.Y. Comp. Codes R. & Regs. tit. 18 § 443.3

Current through Register Vol. 46, No. 16, April 17, 2024

Section 443.3 - Certification or approval of foster family homes

(a)Certification and approval.

Foster family boarding homes must meet the following health and safety standards and physical plant requirements:

(1) The physical facilities of the foster home or relative foster home must be in good condition and present no hazard to the health and safety of children.

(2) The foster home must be in substantial compliance with all applicable provisions of State and local laws, ordinances, rules and regulations concerning health and safety.

(3) The physical space, construction and maintenance of the foster home and premises must be in good repair and kept in a sufficiently clean and sanitary condition so that the physical well-being as well as a reasonable degree of physical comfort is assured the members of the foster family.

(4) Sleeping arrangements should be age and developmentally appropriate for all the children placed in the home. Further, sleeping arrangements, including those that involve room sharing with any other child or adult, must be consistent with the health, safety, welfare and in the best interests of the children placed in the home.

(5) Not more than three persons may occupy any bedroom where children at board sleep, unless the children are siblings or half siblings and the occupancy is consistent with the health, safety, and welfare of each of the siblings or half-siblings and is necessary to keep the siblings or half siblings placed together in the same foster home.

(6) No bed may be located in any unfinished attic or basement.

(7) Children must not sleep together in the same bed as an adult.

(8) Each child must have sleeping space of sufficient size for the safety, comfort, and privacy of the child. Each child must have a separate bed or crib of sufficient size and cleanliness for the comfort and well being of the child, with waterproof covering, if needed, and suitable bedding adequate to the season. Bunk beds may be used.

(9) There must be an adequate and safe supply of water for drinking and household use. Water from wells, springs or other private sources must be protected against contamination. There must be provision for hot water for washing and bathing.

(10) The dwelling must have window barriers, including window screens, guards and/or stoppers above the first floor of the foster home.

(11) Heating apparatus must be safe and adequate to provide for the reasonable comfort of children in the home.

(12) Adequate bathing, toilet and lavatory facilities must be provided and kept in sanitary condition.

(13) The home must be free from fire hazards and equipped with at least one smoke detector.

(14) No certified or approved foster parent may rent rooms to lodgers or boarders or receive and care for maternity cases, except as part of the foster care program, or receive or care for convalescent cases or conduct any business on the premises which might adversely affect the welfare of children, unless permitted by the authorized agency which certified or approved the home.

(15) All firearms, rifles and shotguns, as defined in section 265.00 of the Penal Law, must be securely stored and must be maintained in compliance with applicable State and local standards regarding the licensing, storage and maintenance of such weapons.

(b) Certified and approved foster parents must execute an agreement with the authorized agency that granted the certificate or letter of approval to operate stipulating that the foster family boarding home parent will:

(1) enable children received at board to mingle freely and on equal footing with other children in the household and in the community, to be accepted as members of the household and share in its pleasures and responsibilities and to apply the reasonable and prudent parent standard set forth in section 441.25 of this Title;

(2) arrange for children of school age to attend school regularly as required by the Education Law;

(3) never leave children under the age of 10 years alone without competent adult supervision, nor children above that age except as might reasonably be done by a prudent parent in the case of his or her own children;

(4) except as permitted by the appropriate authorized agency, never use a foster family boarding home to care for more than two infants under two years of age, including the foster parents' own children, except in those cases where the foster parents have demonstrated the capacity to do so and a sibling group would otherwise have to be separated;

(5) provide children with sufficient nutritious, wholesome and properly prepared food, served at regular hours. Foster children must be permitted to eat meals at the table in the same manner as other family members with due consideration to their age and special needs;

(6) keep the clothing of children provided by the agency, parent or foster parent in proper condition of repair and cleanliness; endeavor to provide children with a sufficient quantity of clothing, adapted to seasonal conditions, and of such style and quality as not to distinguish them from other children in the community;

(7) provide for each child at board sufficient individual toilet articles and towels, suitable to the child's age and gender, and individual drawer and closet space;

(8) provide a suitable, well-lighted place for children of school age for home study;

(9) recognize and respect the religious wishes of the natural parents of children in care and endeavor to protect and preserve their religious faith;

(10) endeavor to cooperate with the agency staff in the implementation or review of each child's service or discharge plan and to inform the agency of any incident or event that affects or may affect the child's adjustment, health, safety or well-being and/or may have some bearing upon the current service plan;

(11) provide a family atmosphere of acceptance, kindness and understanding and endeavor to give each child the support, attention and recognition that facilitates adjustment to the home and that promotes the child's normal development;

(12) permit an authorized representative of the agency to enter the home to investigate in good faith a formal complaint regarding care of the foster child;

(13) inform the agency of any changes in marital status, family composition or number of persons residing in the home and any changes in the physical facilities comprising the foster home;

(14) agree to cooperate in facilitating regular biweekly visitation or communication between minor siblings or half-siblings who have been placed apart, unless as determined by the agency such contact would be contrary to the health, safety or welfare of one or more of the children or unless the lack of geographic proximity precludes visitation;

(15) agree only to redisclose confidential HIV-related information concerning the foster child to persons or entities other than those set forth in article 27-F of the Public Health Law for the purpose of providing care, treatment, or supervision of the foster child boarded out or placed with the foster parent or upon a specific written authorization signed by the commissioner of the social services district or the commissioner's designated representative in accordance with section 2782 of the Public Health Law. Where confidential HIV-related information is disclosed, the following written statement must accompany it:

"This information has been disclosed to you from confidential records which are protected by State law. State law prohibits you from making any further disclosure of HIV-related information without the specific written consent of the person to whom it pertains, or as otherwise permitted by law. Any unauthorized further disclosure in violation of State law may result in a fine or jail sentence or both. A general authorization for the release of medical or other information is not sufficient authorization for further disclosure."

The terms AIDS, HIV-related test, HIV-related illness, HIV infection and confidential HIV- related information are defined in section 360-8.1 of this Title; and

(16) exceptions applicable solely to approved foster boarding homes. Exceptions to the provisions of this Part, other than statutory requirements, may be proposed by the authorized agency as part of the foster boarding home approval process when the authorized agency determines that such exception is necessary to board a foster child; is in the best interests of the child to effect such boarding arrangement; and is consistent with the health, safety, and welfare of the child. Any exception, however, is tentative only and subject to review and approval by the social services district with legal custody of the foster child who would be boarded out in such home. Such decisions must be made by supervisory staff within the social services district who do not have direct supervisory responsibilities over the case management of the particular foster child. Boarding arrangements will be made contingent on such approval. Upon such review, should it be determined that the exception is not necessary or in the best interests of the child to be boarded, upon notice thereof to the agency, the social services district with legal custody of the foster child who would be boarded out in such home must disapprove the proposed arrangement. All exceptions must be requested in writing by the authorized agency and the social services district must document how the granting of the request relates to the best interests of the child.

(c) The agreement required pursuant to this Part must include the statement of preference of foster parents as required under subdivision 1-a of section 374 of the Social Services Law and a statement of the foster parent's rights regarding removal of a child from a foster family home as provided under section 443.5 of this Title.

(d) A certificate must be issued to persons required to receive such certificate in accordance with section 421.24(b)(2)(ii) of this Title if such persons have had an adoptive home study made in accordance with Part 421 of this Title and such persons have been approved to adopt a handicapped or hard-to-place child.

(e) When a home study has been completed and an authorized agency intends to certify or approve the home, the agency shall:

(1) arrange for the foster parents to review the written report of the home study, exclusive of any statement by or based on material provided by references, with the agency's home finder;

(2) give foster parents the opportunity to enter their reaction to the evaluation as an addendum to the report; and

(3) arrange for the foster parent and the home finder to sign the evaluation after it has been reviewed and the foster parent addendum has been attached.

(f) A certificate or letter of approval shall be issued to a certified or approved foster home only after the applicant(s) executes the agreement required by this Part.

(g)Maintenance of register and certificate or letter of approval.

(1) Every person who receives, boards or keeps any child under certificate or letter of approval shall keep a record of each child in a register to be provided by the Office of Children and Family Services. Authorized agencies shall provide foster parents with the appropriate forms for maintaining a register of the children placed in the home as required by this Part and section 380 of the Social Services Law.

(2) The register and certificate or letter of approval shall be accessible for examination at all reasonable times by the authorized agents of the Office of Children and Family Services, of the authorized agency issuing such certificate or letter of approval, and of any incorporated society for the prevention of cruelty to children. Certificates, letters of approval and registers are the property of the State and not of the person to whom issued, and shall be delivered upon demand to the issuing agency when renewed, discontinued or revoked.

(h)Regular and emergency conferences.

(1) Authorized agencies shall assure foster parents providing care for a child that regular conferences shall, whenever possible, be prearranged and held at a mutually convenient time in the foster boarding home at least every 90 days or at such shorter periods as may be required pursuant to this Subchapter.

(2) Authorized agencies shall arrange for conferences with foster parents regarding acute problems, emergencies or crisis situations whenever necessary to provide services that are responsive to the problems and that protect the best interests of the child.

(3) Authorized agencies shall require foster care workers to explain the purpose of each regular or emergency conference to the foster parent at the beginning of each conference; and, in addition, at each regular conference, identify and discuss concerns of the foster family about the child in placement, obtain an account of the child's placement, relationships and functioning in the home, school and community.

(i) Authorized agencies shall have a written policy and procedure governing decisions to remove a child from a foster family home and also provide each foster parent with a copy of such policy and procedure upon certification or approval and at the time of recertification or reapproval; the provisions shall conform to the requirements of section 431.10 of this Title.

(j) Authorized agencies shall provide each foster family boarding home with a manual that summarizes all current agency policies and procedures that have some direct or indirect bearing upon the role and responsibility of a foster parent.

(k) Authorized agencies shall summarize, in the foster family boarding home record, the action taken pursuant to a decision to remove a child from the home or to a request from a foster family to have the child removed.

(l) Authorized agencies shall inform each foster parent of the procedure for obtaining administrative review of any grievance or complaint about the agency policy or practice.

(m) Authorized agencies must establish and maintain a written procedure and practice for advising foster parents of their rights:

(1) to have their application to adopt a child who has been continuously in their care at least 12 months given preference and first consideration over all other applicants as provided by section 383.3 of the Social Services Law;

(2) to intervene, as an interested party, in any court proceeding involving the custody of a child who has been in their care for 12 continuous months or longer;

(3) to be given notice and an opportunity to be heard at all permanency hearings for any foster child in the care of the foster parent.

(n) Authorized agencies must comply with the requirements of sections 378 and 398.6(n) of the Social Services Law regarding the number of children in care and with the requirements of section 373 of the Social Services Law with regard to religious faith.

(o)Restrictions and limitations.

Authorized agencies shall not:

(1) permit persons certified or approved to provide care in a foster family boarding home to provide such care for another agency without obtaining the certifying or approving agency's written consent and approval for each child or minor to be boarded. No person shall be certified or approved by more than one authorized agency;

(2) permit use of designated emergency homes for any foster care purpose other than designated emergency foster family boarding home care as defined in section 446.2 of this Title or as an approved respite care and services provider as defined in section 435.2(b) of this Title. An exception may be made by an authorized agency when it determines such exception is necessary to board a child, is in the best interests of the child and is consistent with the health, safety and welfare of other children receiving care in the home. A report on the exception must be made within 15 days of the placement by the agency to the appropriate regional office of the Office of Children and Family Services;

(3) initiate action to remove a child from a placement because of change in family composition or circumstances following certification or recertification, or approval or reapproval unless there has been an evaluation of the effect of the change upon the child or children and it is determined that such change is detrimental to the best interests of the child or such change would produce a violation of this Part, the agreement required by section 443.3(b) of this Part or of any statutory requirement.

(p)Reimbursement.

With the exception of foster family free home care as defined in section 441.2(j) of this Title, certified and approved foster care parents must be reimbursed for each such child to whom they provide foster care according to the standards established in Part 427 of this Title.

(q)Foster homes.

(1) Except as provided by this section, no child under the age of 16, in the case of placement by a parent or legal guardian, or under the age of 18, in the case of placement by a public or private authorized agency, shall be placed or received at board for remuneration in a foster home unless such home is certified or approved as provided by the Social Services Law and this Title.

(2) A certificate is not required when children are placed or received at board with relatives within the second or third degree, as set forth in section 443.1(i) of this Part, with legally appointed guardians, at schools and academies meeting the requirements of the Education Law as to compulsory education, and at camps operated for profit for the accommodation of school age children during school vacation periods under permits issued by health officers pursuant to part 7 of the State Sanitary Code. When a child is placed at board with a relative(s) within the second or third degree, the relative's home must be approved by an authorized agency as required by this Part and a letter indicating such approval must be issued to the approved foster parent(s).

(3) No child shall be placed in a foster home, either free or at board, until such home has been visited and careful inquiry made by the agency proposing to make such placement, or its representatives, and a written report filed in the foster parent's case record describing the conditions and suitability of the home and compliance with requirements of law, this Title, and the rules of local departments of health and social services.

(r)Applications and forms.

(1) Pursuant to title 1 of article 6 of the Social Services Law, certificates shall be on forms provided by the Office of Children and Family Services.

(2) Certificates or letters of approval must specify the name and address and the religious faith, if any, of the person to whom issued, and the maximum number of children to be boarded, and the age and sex of the children to be cared for at board; and will be valid only for the residence as occupied at the time of issue. A certificate or letter of approval issued to married individuals living in the same household must be issued in the name of both individuals.

(3) Certificates.

(i) Application for certificate or letter of approval to board children shall be made to the authorized agency from which children are to be received upon a form prescribed by the Office of Children and Family Services, or upon a substantially equivalent form approved by the Office of Children and Family Services.

(ii) The agency shall make a written record of each application.

(iii) Such certificate or letter of approval shall be valid for not more than one year after the date of issue but may be renewed or extended pursuant to the requirements contained in this Part.

(4) Before any certificate or letter of approval may be issued, careful investigation of the applicant, including inspection of the premises to be occupied, shall be made and a written report filed in the agency to which the application is made. The investigation and report shall cover all of the requirements of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 443.3

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

Amended New York State Register December 23, 2015/Volume XXXVII, Issue 51, eff. 12/23/2015

Amended New York State Register January 24, 2024/Volume XLVI, Issue 4, eff. 1/24/2024