N.Y. Social Services Law 430 – Day services; when social services official may furnish
§ 430. Day services; when social services official may furnish. 1. In order to preserve and stabilize family life, to prevent the need for placement of children outside their homes, and to enable children in foster care to return to their families as expeditiously as possible, a social services official is authorized to provide day services at public expense to children and their families residing in his territory, pursuant to the provisions of this title.
Terms Used In N.Y. Social Services Law 430
- Authorized agency: means
(a) Any agency, association, corporation, institution, society or other organization which is incorporated or organized under the laws of this state with corporate power or empowered by law to care for, to place out or to board out children, which actually has its place of business or plant in this state and which is approved, visited, inspected and supervised by the office of children and family services or which shall submit and consent to the approval, visitation, inspection and supervision of such office as to any and all acts in relation to the welfare of children performed or to be performed under this title; provided, however, that on and after June first, two thousand seven, such term shall not include any for-profit corporation or other for-profit entity or organization for the purposes of the operation, management, supervision or ownership of agency boarding homes, group homes, homes including family boarding homes of family free homes, or institutions which are located within this state;
(b) Any court or any social services official of this state authorized by law to place out or to board out children or any Indian tribe that has entered into an agreement with the department pursuant to section thirty-nine of this chapter;
(c) Any agency, association, corporation, institution, society or other organization which is not incorporated or organized under the laws of this state, placing out a child for adoption whose admission to the United States as an eligible orphan with non-quota immigrant status pursuant to the federal immigration and nationality act is sought for the purpose of adoption in the State of New York or who has been brought into the United States with such status and for such purpose, provided, however, that such agency, association, corporation, institution, society or other organization is licensed or otherwise authorized by another state to place out children for adoption, that such agency, association, corporation, institution, society or other organization is approved by the department to place out such children with non-quota immigrant status for adoption in the State of New York, and provided further, that such agency, association, corporation, institution, society or other organization complies with the regulations of the department pertaining to such placements. See N.Y. Social Services Law 371 - Child: means a person actually or apparently under the age of eighteen years;
2. See N.Y. Social Services Law 371 - Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- day services: shall mean care and treatment for part of the day of one or more children under eighteen years of age and their families in a program which provides to such children and families in accordance with their needs various services such as psychiatric, psychological, social casework, educational, vocational, health, transportation and such other services as may be appropriate. See N.Y. Social Services Law 430
- Home: includes a family boarding home or a family free home. See N.Y. Social Services Law 371
2. Day services may be provided in cases where the social services official has determined that such services would promote or accomplish one or more of the following objectives:
(a) to avert a risk of serious impairment or disruption of a family unit which would result in the placement of a child outside his own home;
(b) to enable a child who has been placed in a child care institution or other group care facility to be placed in a foster care setting more closely oriented to community or family life;
(c) to enable a child who has been placed in foster care to return to his family at an earlier time than would otherwise be possible.
3. If the child's family is able to pay part or all of the costs of day services, such family shall be required to pay such fees therefor as may be reasonable in the light of such ability pursuant to regulations of the department.
4. Day services may be provided by a social services official either directly or through purchase. Purchase of such services may be made only from a private non-profit corporation or association, except when the commissioner shall have approved the purchase of such services from a private proprietary facility by a social services official who has demonstrated a lack of conveniently accessible non-profit facilities that are adequate to provide the required services.
5. As used in this title, "day services" shall mean care and treatment for part of the day of one or more children under eighteen years of age and their families in a program which provides to such children and families in accordance with their needs various services such as psychiatric, psychological, social casework, educational, vocational, health, transportation and such other services as may be appropriate. Such services shall be provided in accordance with program standards promulgated by the department. Day services may be continued after the eighteenth birthday of a child in the care of an authorized agency and until he becomes twenty-one years of age. Day services shall not be provided to any children and their families for periods in excess of one year, without the approval of the department.