N.Y. Comp. Codes R. & Regs. tit. 18 § 444.5

Current through Register Vol. 46, No. 41, October 9, 2024

Section 444.5 - Selection of Host Family Home Pursuant to Designation of "Person in Parental Relation"

(a) The child's parent must inform the Agency whether the child's parent agrees to have the child cared for by a host family home identified by the Agency pursuant to section 444.4 of this Part and selected by the child's parent pursuant to this section.

(b) A child may not be cared for in an approved host family home unless and until the child's parent agrees to have the child cared for by the host family home offered to the parent by the Agency and the child's parent has executed a designation of "person in parental relation" in accordance with Title 15-A of Article 5 of the General Obligations Law and the provisions of this Part naming the person(s) authorized as a host family home as the child's caregiver.

(c) A designation of "person in parental relation" may not be executed in accordance with this Part by a parent who is the subject of an open investigation of a report of suspected child abuse or maltreatment or of an open indicated case of child abuse or maltreatment.

(d) The designation of "person in parental relation" must be read to the child's parent by the Agency in the preferred language of the child's parent, and the Agency must answer any questions raised by the child's parent regarding the designation of "person in parental relation".

(e) The Agency must inform the child's parent in writing of the right to consult with an attorney, other than an attorney employed by or otherwise affiliated with the Agency, before execution of the designation of "person in parental relation".

(f) The Agency must provide the parent with a list of available free or low-cost legal services for the parent and child.

(g) The child's parent(s) and the agreed upon identified host family home must be provided with a copy of the executed designation of "person in parental relation".

(h) The designation of "person in parental relation" must state the following subjects, terms and conditions:

(1) Initial term of care shall not exceed six (6) months, provided, however, that term of care pursuant to the designation of "person in parental relation" may be extended for additional six (6)-month periods upon the written consent of the child's parent and the host family home and execution of an additional designation of "person in parental relation",.

(2) Visitation and contact rights of the child and the child's parent and other relative(s) while the child is cared for in the host family home;

(3) Consents for medical care;

(4) Education of the child; and

(5) The right of the child's parent to terminate the designation of "person in parental relation" at any time and for the immediate return of the child to such parent.

(i) The designation of "person in parental relation" does not impose upon the host family home a duty to financially support the child pursuant to section 413 of the Family Court Act. The designation of "person in parental relation" must specify the terms of any financial arrangements for the care of the child, as agreed upon by the child's parent and the host family home.

(j) If the child to be cared for in a host family home is 14 years of age or older, the Agency must consult with such child regarding such initial care and any subsequent extensions.

(k) The execution of a designation of "person in parental relation" shall not change any rights or obligation established by court order.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 444.5

Adopted New York State Register December 8, 2021/Volume XLIII, Issue 49, eff. 12/8/2021