CFS-01-11-00010-EP Kinship Guardianship Assistance and Non-Recurring Guardianship Expense Program

1/5/11 N.Y. St. Reg. CFS-01-11-00010-EP

NEW YORK STATE REGISTER

VOLUME XXXIII, ISSUE 1

January 05, 2011

RULE MAKING ACTIVITIES

OFFICE OF CHILDREN AND FAMILY SERVICES

EMERGENCY/PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

I.D No. CFS-01-11-00010-EP

Filing No. 1280

Filing Date. Dec. 17, 2010

Effective Date. Apr. 01, 2011

Kinship Guardianship Assistance and Non-Recurring Guardianship Expense Program

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:

Proposed Action:

Amendment of Parts 426, 428, 430 and 443; and addition of Part 436 of Title 18 NYCRR.

Statutory authority:

Social Services Law, sections 20(3)(d) and 34(3)(f); and L. 2010, ch. 58, part F

Finding of necessity for emergency rule:

Preservation of public health, public safety and general welfare.

Specific reasons underlying the finding of necessity:

The regulations must be filed on an emergency basis to prevent the unnecessary delay in the achievement of permanency of youth in foster care. The regulations will enable social services districts to immediately identify potential kinship guardianship arrangements and plan for the discharge of foster children into such arrangements when the act otherwise takes effect on April 1, 2011. This will enable social services districts to enter into kinship guardianship assistance agreements when the act takes effect and will expedite the seeking of court appointment of the relative as the foster child’s guardian. This will also enhance the ability of social services districts to take advantage of administrative cost savings that will be experienced by this program.

Subject:

Kinship guardianship assistance and non-recurring guardianship expense program.

Purpose:

Implement the kinship guardianship assistance and non-recurring guardianship expense programs.

Substance of emergency/proposed rule (Full text is posted at the following State website:www.ocfs.state.ny.us):

The regulations amend the title of 18 NYCRR Part 426 and section 426.1 to add references to kinship guardianship assistance and section 101 of the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 for federal eligibility purposes.

The regulations amend 18 NYCRR 428.5 to require social services districts and voluntary authorized agencies caring for children in foster care who have the permanency goal of placement with a relative and receipt of kinship guardianship assistance payments to record agency activities in regard to the examination and implementation of that goal.

The regulations amend 18 NYCRR 430.11(c)(4) to require that the notice provided to relatives when a child is removed from his or her home refer to the option of guardianship with kinship guardianship assistance.

The regulations add a new Part 436 to 18 NYCRR (kinship guardianship assistance program) which establishes the standards for the kinship guardianship assistance and non-recurring guardianship expense programs.

The new section 436.1 sets forth the definitions used in the new Part 436.

The new section 436.2 establishes the process and conditions to apply for kinship guardianship assistance. The regulation establishes that the decision whether to approve or deny an application is made by the social services district with care and custody or custody and guardianship of the foster child in question.

The new section 436.3 sets forth the eligibility standards for kinship guardianship assistance payments. Such eligibility standards include: care of a foster child by a fully certified or approved relative foster parent for six consecutive months, criminal and child abuse/maltreatment background checks of the applicant and other adult household members, required foster care court activity, a best interests determination by the social services district in regard to the kinship guardianship arrangement, consultation with the foster child who is 14 years of age or older and such child's consent if the child is 18 years of age or older, the child having a permanency goal other than return to parent or adoption, and a strong attachment of the child to the relative and a strong commitment of the relative to the child.

The new section 436.4 sets forth the requirement that the prospective kinship guardian and the applicable social services district must enter into a written agreement before the issuance of letters of guardianship. The regulation specifies the terms and conditions of the kinship guardianship assistance agreement and that such agreement must be fully executed before the issuance of letters of guardianship.

The new section 436.5 sets forth the standards for when a kinship guardianship assistance payment must be made, the amount of such payment, who makes the payment, to whom the payment is made and when kinship guardianship assistance payment must end. The regulations also set forth the requirement that the kinship guardian must cooperate with the social services district when questions arise regarding continuation of kinship guardianship payments and the authority of the social services district to terminate kinship guardianship payments if the kinship guardian fails to cooperate.

The new section 436.6 sets forth the requirement that the social services district must annually remind the kinship guardian of the obligation to notify the social services district of any changes in circumstances that would impact ongoing eligibility for kinship guardianship assistance and the kinship guardian's obligation to provide the social services district with education, employment or disability information necessary to justify ongoing kinship guardianship assistance payments for a child who is over the age of 18.

The new section 436.7 sets forth the standards for a non-recurring guardianship expense payment to the kinship guardian in regard to the expenses incurred by the kinship guardian in being appointed guardian of the child. The regulation establishes a maximum onetime payment of $2,000 per child and specifies those expenses that are considered allowable under this program.

The new section 436.8 addresses how the medical needs of the child will be met after the establishment of the kinship guardianship arrangement under the kinship guardianship assistance program. The regulation sets forth when such needs will be met either by medical assistance, private insurance or medical subsidy.

The new section 436.9 provides that a child who leaves foster care for a relative guardianship arrangement in which kinship guardianship assistance payments are made is eligible for independent living services and/or education and training vouchers under the Tile IV-E of the Social Security Act.

The new section 436.10 sets forth the fair hearing rights to which applicants and recipients of kinship guardianship assistance and/or non-recurring guardianship expense payments are entitled.

The new section 436.12 sets forth the standards for claiming by social services districts for costs associated with the kinship guardianship assistance and non-recurring guardianship expense programs.

The regulations amend 18 NYCRR 443.2(e) to provide that training of foster parents must include information on the kinship guardianship assistance and non-recurring guardianship expense programs.

This notice is intended:

to serve as both a notice of emergency adoption and a notice of proposed rule making. The emergency rule will expire March 16, 2011.

Text of rule and any required statements and analyses may be obtained from:

Public Information Office, NYS Office of Children and Family Services, 52 Washington Street, Rensselaer, NY 12144, (518) 473-7793.

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

Regulatory Impact Statement

1. Statutory authority

Section 20(3)(d) of the Social Services Law (SSL) authorizes the Office of Children and Family Services (OCFS) to establish rules and regulations to carry out its duties pursuant to the provisions of the SSL.

Section 34(3)(f) of the SSL requires the Commissioner of OCFS to promulgate regulations for the administration of public assistance and care within the state.

Part F of Chapter 58 of the Laws of 2010 authorizes OCFS to promulgate regulations for the implementation of the kinship guardianship assistance and the non-recurring guardianship expense programs.

2. Legislative objectives

The regulations implement standards required by Part F of Chapter 58 of the Laws of 2010 that created the kinship guardianship assistance and the non-recurring guardianship expense programs. The regulations are also required to implement the standards necessary for New York State to claim funding under Title IV-E of the Social Security Act for such programs, as enacted by the Fostering Connections to Success and Increasing Adoptions Act of 2008 (P.L. 110-351).

3. Needs and benefits

The regulations will enhance permanency for foster children who do not have a discharge goal of return to parent or adoption by providing safe permanent placements with relatives who receive financial and medical support for the continued care of a relative child who was in foster care.

The programs supported by the regulations will encourage relatives who are currently serving as foster parents for a related foster child to agree to be a permanent resource for the child. Often, such relatives are reluctant to see the foster care relationship end and to assume legal guardianship because of the corresponding loss of necessary financial and medical support for the child.

The regulations will assist in addressing those cases where return to the parent is not safe or suitable and adoption is also not a viable option. Often, especially with older foster children, the child will not consent to adoption. In some cases, the severing of parental rights required for an adoption with the child remaining with a relative caretaker can cause conflict and confusion for the child and can create issues and pressures within the family. Finally, the process required for the involuntary termination of parental rights is time consuming and uncertain.

The regulations establish requirements for assessing when the child and the prospective relative guardian are eligible for kinship guardianship assistance. Included in the regulatory requirements are that the child has demonstrated a strong attachment to the relative and that the relative has a strong commitment to permanently caring for the child. In addition, the regulations address safety concerns of the child through requirements involving national and New York State criminal history records checks and child abuse/maltreatment clearances.

The regulations assist a relative who is eligible for kinship guardianship assistance by providing up to $2,000 for payment of the costs directly associated with securing letters of guardianship over the foster child.

The regulations assist children after they leave foster care as part of a kinship guardianship assistance arrangement by making independent living services and education and training vouchers available to both support permanency and to prepare the child to live independently after the termination of the kinship guardianship arrangement.

4. Costs

It is anticipated that implementation of the kinship guardianship assistance and non-recurring guardianship expense programs will result in a gross cost avoidance of $1,636,000. This fiscal is based on the assumption that 1,000 of the 6,211 eligible youth or about 15 percent of the youth currently in a relative Foster Boarding Home (FBH) would opt to participate in the kinship guardianship assistance program. Current law does not provide for State reimbursement for either kinship guardianship assistance payments or non-recurring guardianship expenses.

• Kinship Guardianship Assistance Payments: An eligibility requirement for the kinship guardianship assistance is for the child to be in foster care for at least six consecutive months, and in the home of a fully approved or certified relative foster parent. Because the family would have received a foster care payment while the child resided in the FBH, the foster care payment will become the kinship guardianship assistance payment. Consequently, there will be no additional cost associated with providing kinship guardianship assistance payments.

Non-Recurring Guardianship Expense Payments: The maximum gross cost associated with this fiscal per 1,000 youth for non-recurring guardianship expense payments is $2,000,000. This would generate $1,342,000 in Federal reimbursement. The fiscal per 1,000 youth would be a $658,000 local cost.

• Administration Cost: Assuming the average cost of a foster care caseworker is $44,230 and their average caseload is 12 youths, there is a potential cost avoidance associated with the administrative cost of $3,686 per youth when a child moves from a foster care placement to a kinship guardianship assistance arrangement. This transfer of placement will no longer require a caseworker to manage the child's foster care case as required in current regulations. Consequently, the transfer of a case from foster care to the kinship guardianship assistance program will reduce the caseworker's caseload. Depending upon the reduction in number of foster care caseloads, such transfers can result in staffing and non personal services (NPS) cost reductions at a district level. The gross cost avoidance associated with this fiscal is $3,686,000. This fiscal is based on a population of 1,000 youth opting into the kinship guardianship assistance program, and does not account for cost of living adjustments, fringe and/or NPS cost avoidance. Although the administrative costs are reimbursed as part of the Foster Care Block Grant, any administrative savings achieved under the proposed kinship guardianship assistance program will be costs avoidance for the local districts. The administrative cost avoidance to the districts is anticipated at $2,449,347.

• Federal Reimbursement: OCFS determines that 67.1 percent of youth in a relative FBH are Title IV-E eligible. Because administrative costs are reimbursed as part of the Foster Care Block Grant, the administrative cost avoidance to the districts is anticipated at $2,449,347 net of Federal. Any administrative savings achieved under the proposed kinship guardianship assistance program will be cost avoidance for the local districts.

• Educational and Training Vouchers (ETV) and Independent Living (IL) Services: Youth in foster care who are 16 years of age or older are eligible for ETV and IL services. Under the proposed kinship guardianship assistance program, youth who are over 16 years of age and are in the kinship guardianship assistance program would remain eligible to participate in ETV and IL. Therefore, there would be no additional costs associated with ETV and IL services with the kinship guardianship assistance program.

• Training: OCFS' training plan includes the requirements associated with the kinship guardianship assistance program. The estimated cost to the training plan is $50,000.

The chart below outlines the cost for the Kinship Guardianship Assistance and Non-Recurring Guardianship Expense Programs.

New Cost	Gross	Federal	State	Local
Kinship Guardianship Subsidy	$0	$0	$0	$0
Non-Recurring	$2,000,000	$1,342,000	$0	$658,000
Administration	($3,686,000)	($1,236,653)	$0	($2,449,347)
Training	$50,000		$50,000	$0
Total	($1,636,000)	($105,347)	$50, 000	($1,791,347)

On-Going:
Subsidy	$0	$0	$0	$0
Administration	$(3,686,000)	$(1,236,653)	$0	$(2,449,347)
Training	$50,000	$0	$50,000	$0
Total	$(3,636,000)	$(1,236,653)	$50,000	$(2,449,347)

Although there are cost associated with modifications to the Welfare Management System (WMS), Benefit Issuance Control System (BICS), Child Care Review Services (CCRS) and CONNECTIONS, there is no need to hire additional state and contract staff to make the necessary modifications. The gross value of the temporary redirection of employees from other systems projects would total $220,000.

5. Local government mandates

Social services districts will be required to implement and administer the kinship guardianship assistance and non-recurring adoption expense programs enacted by New York State law and corresponding regulations. Implementation will be similar to the current adoption subsidy and non-recurring adoption expense programs with the significant exception that OCFS approval of the kinship guardianship assistance and non-recurring guardianship expense agreement is not required.

6. Paperwork

The regulations require the recording of the actions taken by the social services district or voluntary authorized agency with case management/planning responsibility in meeting the case plan standards referenced the amendments to 18 NYCRR 428.5. Such documentation will be recorded in New York State's statewide automated child welfare information system, CONNECTIONS. A prescribed uniform kinship guardianship assistance and non-recurring guardianship expense agreement will be provided to social services districts by OCFS.

7. Duplication

The regulations do not duplicate other state or federal requirements.

8. Alternatives

Given the mandate imposed by Part F of Chapter 58 of the Laws of 2010 and corresponding federal requirements set forth in the Foster Connections to Success and Increasing Adoptions Act of 2008 (P.L. 110-351) that are necessary for New York State to claim federal funding for the programs addressed in the regulations, there is no viable alternative to implementing the regulations.

9. Federal standards

Section 101 of the federal Foster Connections to Success and Increasing Adoptions Act of 2008 (P.L. 110-351) authorizes states to implement kinship guardianship assistance and non-recurring guardianship expense programs. In order to receive federal reimbursement for such programs, the federal government requires that the implementing state enact standards for the administration of the kinship guardianship assistance and non-recurring guardianship expense programs. The regulations support these federal requirements.

10. Compliance schedule

Compliance with the regulations would take effect April 1, 2011.

Regulatory Flexibility Analysis

1. Effect on Small Businesses and Local Governments

Social services districts, the St. Regis Mohawk Tribe and voluntary authorized agencies that have contracts with social services districts to provide foster care will be affected by the regulations. There are 58 social services districts and approximately 160 voluntary authorized agencies.

2. Compliance Requirements

The regulations implement standards required by Part F of Chapter 58 of the Laws of 2010 that created the kinship guardianship assistance and the non-recurring guardianship expense programs. The regulations are also required to implement the standards necessary for New York State to claim funding under Title IV-E of the Social Security Act for such programs, as enacted by the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (P.L. 110-351).

The regulations closely follow the standards set forth in the federal and State statutes noted above.

The regulations implement the kinship guardianship assistance program that provides monthly payments to persons who assume legal guardianship of foster children to whom such persons are related by blood, marriage or adoption. In order for a foster child to be eligible for kinship guardianship assistance, the child must have resided with the relative for six consecutive months; the relative must have been a fully certified or approved foster parent during this six month period; the child's permanency goal may not be not return home or adoption; the child must have a strong attachment to the relative foster parent who also must have a strong commitment to the child; if the child is 14 years of age or older, the child must be consulted regarding the kinship guardianship arrangement and the child must consent to such arrangement if the child is 18 years of age or older; and the child must have met certain judicial milestones in regard to the child's foster care case. In addition, the regulations require that criminal and child abuse/maltreatment clearances have been completed. Finally, the social services district with care and custody or custody and guardianship of the child must determine whether it is in the best interests of the child to enter into the kinship arrangement, including documenting that compelling reasons exist for determining that return home or adoption are not in the best interests of the child.

The regulations set forth standards for applying for kinship guardianship assistance. In addition, the regulations set forth standards relating to the terms and conditions for making kinship guardianship assistance payments. Included within these conditions is the provision that kinship guardianship assistance payments may not be made until the prospective kinship guardian and the applicable social services district have entered into a written kinship guardianship assistance agreement and the Family Court or the Surrogate's Court has issued letters of guardianship of the child to the kinship guardian.

The regulations address the required content of the kinship guardianship agreement that must be entered into by the prospective kinship guardian and the social services district. Such agreement must be in place before the issuance of letters of guardianship by the court. Included in the terms and conditions of such agreement are provisions relating to when and how the kinship guardianship assistance agreement may be modified or must be terminated. The regulations require that the kinship guardian must keep the social services district informed of any change in circumstance that could effect eligibility and mandate that the kinship guardian complete and return an annual certification that relates to continued eligibility. The regulations also set forth the requirement that the kinship guardian cooperate with the social services district when questions arise regarding continued payment of kinship guardianship assistance and the authority of the social services district to terminate kinship guardianship assistance if the kinship guardian fails to cooperate.

The regulations require that when a child is eligible under Title IV-E of the Social Security Act for kinship guardianship assistance, the child is also categorically eligible for medical assistance in accordance with Title XIX of the Social Security Act. If the child is not eligible for medical assistance and the relative guardian is unable to secure affordable and appropriate medical coverage for the child, the child will be eligible for medical subsidy that will reimburse the kinship guardian for medical services provided to the child at the same level as available under the medical assistance program.

The regulations set forth the standards for eligibility for non-recurring guardianship expense payments, including limitations on the amount and allowable categories of expenses.

The regulations afford hearing rights to the applicants and recipients of the kinship guardianship assistance and non-recurring guardianship expenses programs. In addition, the regulations provide that the child who is in a kinship guardianship assistance arrangement is eligible for independent living services and education and training vouchers available under the Social Security Act.

The regulations require social services districts and their contract agencies, for each foster child with a permanency goal of placement with a kinship guardian and receipt of kinship guardianship assistance, to record actions taken in regard to the assessment of the appropriateness of the kinship guardianship arrangement and where appropriate, the efforts made to implement such arrangement.

3. Professional Services

It is anticipated that the requirements imposed by the regulations will be implemented by existing social services district staff.

4. Compliance Costs

• Kinship Guardianship Assistance Payments: An eligibility requirement for kinship guardianship assistance is for the child to be in foster care for at least six consecutive months, and in the home of a fully approved or certified relative foster parent. Because the family would have received a foster care payment while the child resided in the FBH, the foster care payment will become the kinship guardianship assistance payment. Consequently, there will be no additional cost associated with providing kinship guardianship assistance payments.

The gross cost avoidance associated with this fiscal is $3,686,000. This fiscal is based on a population of 1,000 youth opting into the kinship guardianship assistance program, and does not account for cost of living adjustments, fringe and/or NPS cost avoidance. Although the administrative costs are reimbursed as part of the Foster Care Block Grant, any administrative savings achieved under the proposed kinship guardianship assistance program will be costs avoidance for the local districts. The administrative cost avoidance to the districts is anticipated at $2,449,347.

• Training: OCFS' training plan includes the requirements associated with the kinship guardianship assistance program. The estimated cost to the training plan is $50,000.

The chart below outlines the cost for the Kinship Guardianship Assistance and Non-Recurring Guardianship Expense Programs.

New Cost	Gross	Federal	State	Local
Kinship Guardianship Subsidy	$0	$0	$0	$0
Non-Recurring	$2,000,000	$1,342,000	$0	$658,000
Administration	($3,686,000)	($1,236,653)	$0	($2,449,347)
Training	$50,000		$50,000	$0
Total	($1,636,000)	($105,347)	$50, 000	($1,791,347)

On-Going:
Subsidy	$0	$0	$0	$0
Administration	$(3,686,000)	$(1,236,653)	$0	$(2,449,347)
Training	$50,000	$0	$50,000	$0
Total	$(3,636,000)	$(1,236,653)	$50,000	$(2,449,347)

5. Economic and Technological Feasibility

The regulations require the recording of the actions taken to comply with the regulatory standards noted above. Such information will be recorded in New York State's statewide automated child welfare information system, CONNECTIONS.

6. Minimizing Adverse Impact

The standards set forth in the regulations reflect mandates imposed by New York State law (Part F of Chapter 58 of the Laws of 2010) and by corresponding federal standards set forth in the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (P.L. 110-351). Implementation of the new 18 NYCRR Part 436 is required to comply with Chapter 58 of the Laws of 2010. The amendments 18 NYCRR 428.5 is required to correspond with section 475(1)(F) of the Social Security Act, as added by the above referenced federal Act.

7. Small Business and Local Government Participation

On May 1, 2009, OCFS held a day long roundtable on the subject of subsidized kinship guardianship following the enactment of the federal Fostering Connection to Success and Increasing Adoptions Act of 2008 (P.L. 110-351). Attendees included representatives from all three branches of New York State government (executive, judicial and legislative). Also invited and participating were representatives from social services districts, voluntary authorized agencies and advocacy groups. At the beginning of the roundtable, OCFS provided an overview of the kinship guardianship assistance provisions of the federal Act. In addition, a panel comprised of national experts on the subject of subsidized kinship guardianship provided information on the experience of subsidized kinship guardianship assistance in other states and responded questions from the attendees. Following the panel presentation, attendees were invited to participate in group discussions on issues relating to subsidized kinship guardianship. Information from the roundtable and input OCFS invited the attendees to provide after the session were used in the development of the State legislation and the corresponding regulations.

On July 20, 2010, OCFS participated in a panel discussion at the summer conference of the New York State Public Welfare Association at which there was a presentation on new State legislation, including the new kinship guardianship assistance and non-recurring guardianship expense programs. Representatives from social services districts were in attendance and had the opportunity to ask questions concerning such programs.

Rural Area Flexibility Analysis

1. Types and estimated number of rural areas

Social services districts, the St. Regis Mohawk Tribe and voluntary authorized agencies that have contracts with social services districts to provide foster care will be affected by the regulations. There are 44 social services districts and the St. Regis Mohawk Tribe that are in rural areas. Currently, there are also approximately 100 voluntary authorized agencies in rural areas of New York State.

2. Reporting, recordkeeping and other compliance requirements; and professional services

The regulations closely follow the standards set forth in the federal and State statutes noted above.

The regulations implement the kinship guardianship assistance program that provides monthly payment to persons who assume legal guardianship of foster children to whom they are related by blood, marriage or adoption. In order for a foster child to be eligible for kinship guardianship assistance, the child must have resided with the relative for six consecutive months; the relative must have been a fully certified or approved foster parent during the six month period; the child's permanency goal may not be return home or adoption; the child must have a strong attachment to the relative who also must have a strong commitment to the child; if the child is 14 years of age or older, the child must be consulted regarding the kinship guardianship arrangement and must consent to the arrangement if the child is 18 years of age or older, and the child must have met certain judicial milestones in regard to the child's foster care case. The social services district must make a determination that the kinship guardianship arrangement is in the child's best interests, including documenting that compelling reasons exist for determining that return home or adoption are not in the best interests of the child. In addition, the regulations require that criminal and child abuse/maltreatment clearance have been completed.

The regulations set forth standards for applying of kinship guardianship assistance. In addition, the regulations set forth standards relating to the terms and conditions for making kinship guardianship assistance payments. Included within these conditions is the provision that kinship guardianship assistance payments may not be made until the prospective kinship guardian and the applicable social services district entered into a written kinship guardianship assistance agreement and the Family Court or the Surrogate's Court has issued letters of guardianship of the child to the kinship guardian.

The regulations address the required content of the written kinship guardianship assistance agreement that must be entered into by the prospective kinship guardian and the social services district. Such agreement must be in place before the issuance of the letters of guardianship by the court. Included in the terms and conditions of the kinship guardianship assistance agreement are provisions addressing when and how such agreement may be modified or must be terminated. The regulations require that the kinship guardian must keep the social services district informed of any change that could effect eligibility and mandate that the kinship guardian complete and return an annual certification that relates to continued eligibility. The regulations also set forth the requirement that the kinship guardian cooperate with the social services district when questions arise regarding continued payment of kinship guardianship assistance and the authority of the social services district to terminate kinship guardianship payments if the kinship guardian fails to cooperate.

The regulations require that when a child is eligible under Tile IV-E of the Social Security Act for kinship guardianship assistance, the child is also categorically eligible for medical assistance under Title XIX of the Social Security Act. If the child is not eligible for medical assistance and the relative guardian is unable to secure affordable and appropriate medical coverage for the child, the child will be eligible for medical subsidy that will reimburse the kinship guardian for medical services provided to the child at the same level as available under the medical assistance program.

The regulations set forth the standards for eligibility for non-recurring guardianship expense payments, including the limitation on the amount and allowable categories of expenses.

The regulations afford hearing rights to the applicants and recipients of the kinship guardianship assistance and non-recurring guardianship expense programs. In addition, the regulations provide that the child who is in a kinship guardianship assistance arrangement is eligible for independent living services and education and training vouchers under the Social Security Act.

The regulations require social services districts and their contract agencies for each foster child with a permanency goal of placement with a kinship guardian and receipt of kinship guardianship assistance to record actions taken in regard to the assessment of the appropriateness of the kinship guardianship arrangement and where appropriate, the efforts made to implement such arrangement.

3. Costs

• Training: OCFS' training plan includes the requirements associated with the kinship guardianship assistance program. The estimated cost to the training plan is $50,000.

The chart below outlines the cost for the Kinship Guardianship Assistance and Non-Recurring Guardianship Expense Programs.

New Cost	Gross	Federal	State	Local
Kinship Guardianship Subsidy	$0	$0	$0	$0
Non-Recurring	$2,000,000	$1,342,000	$0	$658,000
Administration	($3,686,000)	($1,236,653)	$0	($2,449,347)
Training	$50,000		$50,000	$0
Total	($1,636,000)	($105,347)	$50, 000	($1,791,347)

On-Going:
Subsidy	$0	$0	$0	$0
Administration	$(3,686,000)	$(1,236,653)	$0	$(2,449,347)
Training	$50,000	$0	$50,000	$0
Total	$(3,636,000)	$(1,236,653)	$50,000	$(2,449,347)

4. Minimizing adverse impact

The standards set forth in the regulations reflect mandates imposed by New York State law (Part F of Chapter 58 of the Laws of 2010) and by corresponding federal standards enacted in the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (P.L. 110-351). Implementation of the new 18 NYCRR Part 436 is required to comply with Chapter 58 of the Laws of 2010. The amendment to 18 NYCRR 428.5 is required to correspond with section 475(1)(F) of the Social Security Act as added by the above referenced federal Act.

5. Rural area participation

On May 1, 2009, OCFS held a day long roundtable on the subject of subsidized kinship guardianship following the enactment of the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (P.L. 110-351). Attendees included representatives from all three branches of State government (executive, legislative and judicial). Also invited and participating were representatives from social services districts, voluntary authorized agencies and advocacy groups, including those that serve rural areas. At the beginning of the roundtable, OCFS provided an overview of the kinship guardianship assistance provisions of the federal Act. In addition, a panel comprised of national experts on the subject of subsidized kinship guardianship presented on the experience of subsidized kinship guardianship in other states and responded to questions from the attendees. Following the panel presentation, attendees were invited to participate in group discussions on issues relating to subsidized kinship guardianship. Information from the roundtable and input OCFS invited attendees to provide after the session was used in the development of the State legislation and the corresponding regulations.

Job Impact Statement

A full job impact statement has not been prepared for the regulations. The regulations will not result in the creation of any jobs. As reflected in the fiscal impact statement, the regulations may result in a reduction of staff in some social services districts or voluntary authorized agencies.

Document Information

Effective Date:: 4/1/2011
Publish Date:: 01/05/2011