§ 409-e. Family service plan. 1. With respect to each child who is\nidentified by a local social services district as being considered for\nplacement in foster care as defined in section one thousand eighty-seven\nof the family court act by a social services district, such district,\nwithin thirty days from the date of such identification, shall perform\nan assessment of the child and his or her family circumstances. Where a\nchild has been removed from his or her home, within thirty days of such\nremoval the local social services district shall perform an assessment\nof the child and his or her family circumstances, or update any\nassessment performed when the child was considered for placement. Any\nassessment shall be in accordance with such uniform procedures and\ncriteria as the office of children and family services shall by\nregulation prescribe. Such assessment shall include the following:\n (a) a statement of the specific immediate problems which appear to\nrequire some intervention by the social services officials;\n (b) a description of the long term family relationships, an assessment\nof trends in the stability of the family unit, and of the likelihood\nthat specific preventive services will increase family stabilization\nsufficiently to prevent placement or to reduce the duration of a\nnecessary placement;\n (c) an estimate of the time period necessary to ameliorate the\nconditions leading to a need for placement, and a description of any\nimmediate actions that have been taken or must be taken during or\nimmediately after the conclusion of the assessment; and\n (d) where placement in foster care is determined necessary, the\nreasonable efforts made to prevent or eliminate the need for placement\nor the reason such efforts were not made, the kind and level of\nplacement and the reasons therefor, whether the child will be placed\nwith the child's siblings and half-siblings and, if not, the reasons\ntherefor and the arrangements made for contact between the siblings and\nhalf-siblings, identification of all available placement alternatives\nand the specific reasons why they were rejected, an estimate of the\nanticipated duration of placement, and plan for termination of services\nunder appropriate circumstances, with specific explanation of the\nreasons for such termination plan.\n 2. Upon completion of any assessment provided for in subdivision one\nof this section, and not later than thirty days after placement of a\nchild in foster care pursuant to article three or seven of the family\ncourt act or not later than thirty days after a child is removed from\nhis or her home, the local social services district shall establish or\nupdate and maintain a family service plan based on the assessment\nrequired by subdivision one of this section. The plan shall be prepared\nin consultation with the child's parent or guardian, unless such person\nis unavailable or unwilling to participate, or such participation would\nbe harmful to the child, and with the child if the child is ten years of\nage or older, and, where appropriate, with the child's siblings. Such\nconsultation shall be done in person, unless such a meeting is\nimpracticable or would be harmful to the child. If it is impracticable\nto hold such consultation in person, such consultation may be done\nthrough the use of technology, including but not limited to,\nvideoconferencing and teleconference technology. If the parent is\nincarcerated or residing in a residential drug treatment facility, the\nplan shall reflect the special circumstances and needs of the child and\nthe family. The plan shall include at least the following:\n (a) time frames for periodic reassessment of the care and maintenance\nneeds of each child and the manner in which such reassessments are to be\naccomplished;\n (b) short term, intermediate and long range goals for the child and\nfamily and actions planned to meet the need of the child and family and\neach goal;\n (c) identificati
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.