§ 409-a. Preventive services; provision by social services officials.\n1. (a) A social services official shall provide preventive services to\na child and his or her family, in accordance with the family's service\nplan as required by section four hundred nine-e of this chapter and the\nsocial services district's child welfare services plan submitted and\napproved pursuant to section four hundred nine-d of this chapter, upon a\nfinding by such official that (i) the child will be placed, returned to\nor continued in foster care unless such services are provided and that\nit is reasonable to believe that by providing such services the child\nwill be able to remain with or be returned to his or her family, and for\na former foster care youth under the age of twenty-one who was\npreviously placed in the care and custody or custody and guardianship of\nthe local commissioner of social services or other officer, board or\ndepartment authorized to receive children as public charges where it is\nreasonable to believe that by providing such services the former foster\ncare youth will avoid a return to foster care or * (ii) the child is the\nsubject of a petition under article seven of the family court act or by\nthe probation service, to be at risk of being the subject of such a\npetition, and the social services official determines that the child is\nat risk of placement into foster care or\n * NB Effective until June 30, 2027\n* (ii) the child is the subject of a petition under article seven of the\nfamily court act, or has been determined by the assessment service\nestablished pursuant to section two hundred forty-three-a of the\nexecutive law, or by the probation service where no such assessment\nservice has been designated, to be at risk of being the subject of such\na petition, and the social services official determines according to\nstandards promulgated pursuant to section three hundred ninety-eight-b\nof this chapter that the child is at risk of placement into foster care.\nSuch finding shall be entered in the child's uniform case record\nestablished and maintained pursuant to section four hundred nine-f of\nthis chapter. The commissioner shall promulgate regulations to assist\nsocial services officials in making determinations of eligibility for\nmandated preventive services pursuant to clause (ii) of this paragraph.\n * NB Effective June 30, 2027\n(iii) the child is under the age of twelve, the child does not fall\nunder the definition of a juvenile delinquent pursuant to subparagraph\n(iii) of paragraph (a) of subdivision one of section 301.2 of the family\ncourt act and but for their age, their behavior would bring them within\nthe jurisdiction of the family court pursuant to article three of the\nfamily court act, and the social services official determines that the\nchild is at risk of placement into foster care. Such finding shall be\nentered in the child's uniform case record established and maintained\npursuant to section four hundred nine-f of this article. The\ncommissioner shall promulgate regulations to assist social services\nofficials in making determinations of eligibility for mandated\npreventive services pursuant to this subparagraph.\n (b) When a child and his family have received preventive services for\na period of six months pursuant to this subdivision, the social services\nofficial shall continue to provide such services only upon making a new\nfinding that the child will be placed or continued in foster care unless\nsuch services are provided and that it is reasonable to believe that by\nproviding such services, the child will be able to remain with or be\nreturned to his family. Such new finding shall be entered in the child's\nuniform case record established and maintained pursuant to section four\nhundred nine-f of this chapter.\n 2. A social services official is authorized to provide preventive\nservices to a child and his family to accomplish the purposes set forth\nin section four hundred n
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