PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
Addition of section 441.2(o) and amendment of section 441.21(b) of Title 18 NYCRR.
Statutory authority:
Social Services Law, sections 20(3)(d) and 34(3)(f)
Subject:
Parent Advocate Regulations.
Purpose:
Expand the category of individuals who may be used to complete casework contact requirements.
Text of proposed rule:
Subdivision (o) of section 441.2 is added to read as follows:
(o) Parent advocate means a person who has previously been a recipient of child welfare services, has successfully addressed the issues which brought the family to the attention of child welfare, has been reunified with his or her children, if applicable, and has subsequently been trained as a parent advocate to work within the child welfare system. A parent advocate is employed by or under contract with an authorized agency, or is employed by an agency that is under contract with an authorized agency, for the purpose of providing support and advocacy to parent(s) or relative(s) through a variety of activities, including, but not limited to, engaging parent(s) or relatives(s) and assisting them to understand the child welfare and family court process; attending case conferences; coaching for productive visitation between parents and their children in foster care; accompanying parent(s) or relative(s) to court, school, public benefits offices, and health centers; assisting parent(s) in advocating for themselves; providing assistance in accessing community services; facilitating appointments; and working as a liaison between parent(s) or relative(s), caseworkers, foster parents, and other service providers.
§ 441.21 Casework Contacts
Paragraphs (1) and (2) of subdivision (b) of section 441.21 are amended to read as follows:
(b) Casework contact with parent or relatives. (1) Casework contacts with the child's parents or relatives is defined as individual or group face-to-face contacts between one or more of the [case planner, or assigned caseworker, as directed by the case planner, or the case manager] persons listed in subparagraph (i) of this paragraph and the child's parents or relatives. Casework contacts are for the purpose of assessing whether the child would be safe if he or she was to return home, and the potential for future risk of abuse or maltreatment if he or she was to return home. Such contacts are also for the purpose of guiding the child's parents or relatives towards a course of action aimed at resolving problems or needs of a social, emotional, developmental or economic nature that are contributing to the reason(s) why such child is in foster care. In the case of children with the permanency planning goal of another planned living arrangement with a permanency resource or adult residential care, such contacts are for the purpose of mobilizing and encouraging family support of the youth's efforts to function independently, and to increase his/her capacity to be self-maintaining; evaluating the ability of the parents or relatives to establish or reestablish a connection with the youth and serve as a resource to the youth; and, where appropriate, encouraging an ongoing relationship between the parents or relatives and the youth. For purposes of this section, a case planner is defined as the person who is responsible for assessing the need for, providing or arranging for, coordinating and evaluating the provision of services to children in foster care and services to parents of children in foster care and such additional responsibilities as set forth in section 428.2(c) of this Title.
(i) For the purposes of this section, casework contacts must be made by the following:
(a) the case manager;
(b) the case planner:
(c) a caseworker assigned to the case, as directed by the case planner; or
(d) a parent advocate as defined in section 441.2(o) of this Part.
(ii) A parent advocate may be considered for the purpose of making casework contacts with the child's parent or relatives, as defined in subdivision (b) of this section, when the contacts are directed, arranged, or otherwise coordinated by the case planner. A parent advocate providing casework contacts is permitted access to such child's foster care case file only if the parent advocate is employed by or under contract with an authorized agency, or employed by an agency under contract with an authorized agency, as defined in section 441.2(d) of the Part. Casework contacts between a parent advocate and the child's parent or relative can be made for the purposes set forth in section 441.21(b)(1), except that they can not be used for the purposes of assessing whether the child would be safe if he or she was to return home, or the potential for future risk of abuse or maltreatment if he or she was to return home. The case planner is responsible for all assessments and case planning decisions; however, the parent advocate may be asked to provide their input. Parent advocates will be trained in risk and safety assessment, and parent advocates need to be prepared to provide any feedback to the case planner regarding any safety and risk issues they discover during case work contacts. Casework contacts made by a parent advocate must be recorded in accordance with Parts 428 and 466 of this Title.
(2) Frequency of casework contacts with parents or relatives.
(i) During the first 30 days of placement, casework contacts are to be held with the child's parents or relatives as often as is necessary but at a minimum, must occur at least twice unless compelling reasons are documented why such contacts are not possible. Such initial casework contacts within 30 days of placement must be made by the case manager, the case planner or a caseworker assigned to the case, as directed by the case planner.
(ii) After the first 30 days of placement, casework contacts are to be held with the child's parents or relatives at least once every month unless compelling reasons are documented why such contacts are not possible. Such monthly casework contacts made after the first 30 days of placement must be made by one of the persons set forth in subparagraph (i) of paragraph (1) of this subdivision.
(a) No more than two of the monthly casework contacts in any six-month period may be made by a parent advocate.
Text of proposed 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.
This action was not under consideration at the time this agency's regulatory agenda was submitted.
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.
2. Legislative objectives
Executive Order No. 17, which was signed in April 2009, establishes measures to evaluate costs of mandates on local governments. The proposed regulations are supported by the legislative objectives to offer mandate relief to local departments of social services by allowing flexibility in the casework contact requirements for parents and relatives of children in foster care.
3. Needs and benefits
The proposed regulations would expand the category of individuals that a social service district or a voluntary authorized agency could utilize to complete the casework contact requirements with parents or relatives of children currently in foster care to include parent advocates under certain circumstances. Casework contact requirements are set forth under 18 NYCRR 442.21(b). The proposed regulations are in response to a request for flexibility in the casework contact requirements by a community agency and support for this request by some child welfare officials and local departments of social service.
The Office of Children and Family Services recognizes the importance of utilizing parent advocates in child welfare cases. In November of 2008, OCFS released an INF (08-OCFS-INF-14) titled Parent Advocate Programs, which provided information to local departments of social services and voluntary authorized agencies regarding the usage of parent advocates. Parent advocate programs employ parents who were previously recipients of child welfare services, and who have successfully addressed the issues which brought them to the attention of child welfare, as advocates to assist other families that are involved in the child welfare system. Several agencies within New York State currently have parent advocate programs and it appears these types of programs can be a valuable resource in the delivery of child welfare services.
Under the current 18 NYCRR 441.21, casework contacts with parents or relatives of children in foster care are limited to being with the case planner, caseworker or case manager. The primary purposes of these contacts are to assess whether the child would be safe if returned home and the potential future risk of abuse or maltreatment if the child returned home, to assist the parent or relative with resolving the issues that led to the child being placed, and to encourage positive supportive relationships between parents and relatives and children who have a goal of another planned living arrangement. The ability of a social services district or a voluntary authorized agency to employ the services of persons other than the case manager, case planner or case worker to make casework contacts in child welfare cases is currently available for preventive services under 18 NYCRR 423.4. That regulation allows the completion of casework contacts by other supportive service providers, including parent aide/training services, for two out of the contacts required in a six month period if arranged or coordinated by the case planner. The proposed regulations would add a definition of parent advocate to 18 NYCRR 441.2. A parent advocate would be defined as a person who had been a recipient of child welfare services, had successfully addressed issues that brought the parent advocate to the attention of child welfare and had been successfully trained as a parent advocate. Such person would be either an employee or under contract with a social services district or a voluntary authorized agency to provide support and advocacy to a parent or relative of a child in foster care.
Parents who have experienced child welfare intervention first-hand have a different perspective and can offer a unique type of support to other parents or relatives who are currently experiencing similar kinds of situations. Individuals who have had experience as clients of the child welfare system and have successfully addressed the issues which brought them into contact with the system possess a wealth of knowledge and understanding of how the child welfare system functions and can also serve as a positive role model for families trying to achieve reunification. These advocates are able to add credibility because they speak from their own real experiences rather than explaining how the system is "supposed to" work. For these reasons, parent advocates are often able to engage families in the provision of services and have successful interactions within the child welfare system.
The proposed regulations would amend 18 NYCRR 441.21 to allow those persons who meet the definition of parent advocate, as described earlier in this section, to complete a limited number of casework contacts with the parents or relatives of children placed in foster care, with the exception of the assessment of whether the child would be safe if returned home or the potential risk for future abuse or maltreatment if the child was returned home. Such safety and risk assessments must be made by the case planner. The initial casework contacts with the parent or relative would still have to be made either by the case manger, case planner or case worker. The proposed regulations would allow up to two monthly casework contacts by a parent advocate during a six month period to count towards the casework contact requirements set forth in 18 NYCRR 441.21, as noted above.
The proposed regulations would allow social service districts and voluntary authorized agencies to count contacts currently being made by parent advocates, or to start utilizing parent advocates to conduct casework contacts with parents or relatives, as a limited number of the required casework contacts. This change would further support the use of parent advocates by local districts and voluntary authorized agencies, and could reduce overall costs of providing casework contacts without reducing the quality of care provided.
4. Costs
The proposed regulatory amendments have no fiscal impact on the Office of Children and Family Services. If local department of social services and voluntary authorized agencies chose to utilize parent advocates, it could offer a workload relief in regards to fulfilling the caseworker contact requirements.
5. Local government mandates
There are no additional mandates imposed on local governments as a result of the proposed regulations. Social service districts could choose whether or not to take advantage of the increased flexibility to use parent advocates to conduct a limited number of casework contacts with parents or relatives of children in foster care based on the particular case circumstances.
6. Paperwork
No new paperwork is required by the proposed regulations. The casework contacts made by parent advocates would be recorded in the New York's statewide automated child welfare information system, CONNECTIONS.
7. Duplication
The proposed regulations do not duplicate other state or federal requirements. These amendments provide social service districts and voluntary authorized agencies with added flexibility regarding those individuals who are allowed to conduct casework contacts with parents or relatives of children in foster care.
8. Alternative approaches
No alternative approaches were considered. In order to allow the flexibility that would be created by the proposed regulations, this regulatory amendment would be necessary.
9. Federal standards
There are no federal standards dealing with casework contact with parents or relatives of children in foster care.
10. Compliance schedule
The provisions contained in the proposed regulations could be utilized by a social service district or voluntary authorized agency immediately upon adoption.
Regulatory Flexibility Analysis
1. Effect on Small Businesses and Local Governments
Social service districts and voluntary authorized agencies contracted with by social service districts to provide foster care to children, will or may be affected by the proposed regulations. There are 58 social service districts and approximately 160 voluntary authorized agencies. However, the proposed regulations are permissive, and not mandatory; therefore would not affect those agencies that choose to not utilize the new provisions.
2. Compliance Requirements
There are no additional mandates imposed by the proposed regulations. These amendments allow for the expansion of the individuals who can conduct casework contacts for parents or relatives of children in foster care to include parent advocates. The proposed regulations do not require any social services district or voluntary authorized agency to take advantage of the added flexibility and use these changes to the casework contact requirements for parents and relatives.
3. Professional Services
The proposed regulations do not create the need for additional professional services.
4. Compliance Costs
The proposed regulatory amendments have no fiscal impact on the Office of Children and Family Services. If local department of social services and voluntary authorized agencies chose to utilize parent advocates, it could offer a workload relief in regards to fulfilling the caseworker contact requirements.
5. Economic and Technological Feasibility
The proposed regulations will not impose any additional economic or technological burdens on social services districts or voluntary authorized agencies.
6. Minimizing Adverse Impact
It is not anticipated that the proposed regulations will result in any adverse impact on local government agencies or small businesses.
7. Small Business and Local Government Participation
Several social services districts and voluntary authorized agencies, as well as other community organizations, have been involved in discussions regarding this proposed amendment. A draft of the proposed regulations was shared, and recommended changes were incorporated into this proposal.
Rural Area Flexibility Analysis
1. Types and estimated number of rural areas
The proposed regulations will or may affect the 44 social services districts that are in rural areas, along with approximately 100 voluntary authorized agencies that contract with districts to provide foster care.
2. Reporting, recordkeeping and other compliance requirements; and professional services
The proposed regulations will not create any new reporting or other compliance requirements. The proposed changes will allow for an expansion of the individuals who are allowed to conduct a limited number of casework contacts with parents and relatives of children in foster care to include parent advocates. The proposed regulations do not, however, require any social services district or voluntary authorized agency to take advantage of this added flexibility when conducting casework contacts.
3. Costs
The proposed regulatory amendments have no fiscal impact on the Office of Children and Family Services. If local department of social services and voluntary authorized agencies chose to utilize parent advocates, it could offer a workload relief in regards to fulfilling the caseworker contact requirements.
4. Minimizing adverse impact
The proposed regulations will not result in any adverse impact upon small businesses or social service districts in rural areas.
5. Rural area participation
Several local social services districts and voluntary authorized agencies, as well as other community organizations, have been involved in discussions regarding this proposed amendment. A draft of the proposed regulations was shared, and recommended changes were incorporated into this proposal.
Job Impact Statement
A full job impact statement has not been prepared for the proposed amendments to regulation. The proposed amendments would not result in the loss or creation of any jobs.
