3/2/11 N.Y. St. Reg. CFS-48-10-00004-A
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of sections 421.24, 428.3, 428.5, 430.11 and 430.12 of Title 18 NYCRR.
Statutory authority:
Social Services Law, sections 20(3)(d) and 34(3)(f)
Subject:
Education stability of foster children, transition planning and relative involvement in foster care cases.
Purpose:
The regulations implement the Federal Foster Connections to Success and Increasing Adoptions Act of 2008 (P.L. 110-351).
Text or summary was published
in the December 1, 2010 issue of the Register, I.D. No. CFS-48-10-00004-P.
Final rule as compared with last published rule:
No changes.
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, New York 12144, (518) 473-7793
Assessment of Public Comment
The Office of Children and Family Services (OCFS) received two comments, one from the Legal Aid Society and the other from a private not-for-profit child welfare agency. Both requested that the regulations be amended to provide additional direction to social services districts on the issue of school stability.
A commenter commented that the proposed regulations are too vague and will not lead to compliance with the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (the Act). The commenter requested that the proposed regulations be significantly expanded to prescribe actions to be taken by local social services districts. Also, recommended was that the proposed regulations address how disputes involving local social services districts and school districts should be resolved, along with resolution of disputes among the parties to Family Court proceedings. Examples of how other states have implemented the Act were provided. The commenter expressed concern with compliance with the current regulations and how the lack of compliance is impacting the court process.
OCFS considered the comments. Based on such consideration, the regulations were not revised. Recommendations involving prescribed actions by school officials or the courts are outside the authority of this agency. However, in response to other concerns raised in the comments, including those relating to compliance, the mandatory nature of the regulations, and the role of local social services districts, OCFS will develop and issue an administrative directive to the local social services districts addressing those issues.
