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Assisting a child to secure an adoptive home (through
counseling with biological parent(s) unwilling or unable to care
for a child to surrender such child for adoption or instituting
legal procedures to separate the child from his/her parent(s) under
appropriate circumstances and arranging for and providing legal
services to accomplish this purpose; the recruitment, study and
evaluation of interested prospective adoptive parents; training
for prospective and approved adoptive parents, evaluation of placement
need, pre-placement planning, selection and placement of available
children; counseling for families after placement; supervision of
child in adoptive homes until legal adoption is completed; post-adoption
services including counseling of the child, adoptive parents, and
biological parents for up to three years following legal adoption.
FOSTER CARE SERVICES FOR CHILDREN
Assessing the need for, arranging for and providing
for placement of and services to individuals under the age of 18
(under 21 in cases of children in foster care prior to age 18) in
a foster home or appropriate group care facility as a result of
either a judicial determination to the effect that continuation
of care in a child's own home would be contrary to the safety or
welfare of such child, or at the request of the parent or legal
guardian. A foster care home or facility used for care of children
shall be certified, approved, or licensed by the State in which
it is situated or have been approved by the agency of such State
responsible for licensing or certifying homes or facilities of this
type as meeting required standards.
PREVENTIVE SERVICES FOR CHILDREN
Supportive and rehabilitative services provided to
children and their families in accordance with the provision of
Part 423 of the Department's regulations and Section 409-a of Social
Service Law for the purpose of: averting an impairment or disruption
of a family which will or could result in placement of a child in
foster care; enabling a child who has been placed in foster care
to return to his/her family at an earlier time than would otherwise
be possible; or reducing the likelihood that a child who has been
discharged from foster care would return to such care.
PROTECTIVE SERVICES FOR CHILDREN
Activities on behalf of children under the age of
18, who are named in a report of abuse and/or maltreatment. The
following activities may be considered protective services for children:
1. Receipt of child abuse and/or maltreatment reports
and investigation thereof, including the obtaining of information
from collateral contacts such as hospitals, school and police;
2. Identification and diagnosis of current or past abuse and/or
maltreatment;
3. Assessing whether the child is safe from immediate danger and
determining the risk of future abuse and maltreatment through an
examination of the risk elements, the family's perspective and family
strengths;
4. Making determinations as to whether there is credible evidence
of child abuse and/or maltreatment;
5. Counseling, therapy and training courses for parents or guardian
of the child, including parent aide services;
6. Counseling and therapy for children at risk of physical or emotional
harm;
7. Arranging for emergency shelter for children who are suspected
of being abused and/or maltreated;
8. Arranging for financial assistance, where appropriate;
9. Assisting the family court or the criminal court during all stages
of a court proceeding;
10. Arranging for the provision of appropriate rehabilitative services
including, but not limited to, preventive services and foster care
for children;
11. Providing directly or arranging for, either through purchase
or referral, the provision of day care or homemaker services without
regard to financial criteria. Programmatic need for such services
must have been established as a result of the investigation of a
report of child abuse and/or maltreatment received by the New York
State Child Abuse and Maltreatment Register and such services must
terminate as a protective service for children when the case is
closed with the register;
12. Monitoring the rehabilitative or safety controlling services
being provided by someone other than the child protective service
worker.
13. Case management services.
14. Case planning services.
15. Casework contacts. The purpose of casework contacts shall also
be to continually reassess the parents ability to provide a minimum
standard of care to the child(ren) as well as to track the progress
the family is making toward reducing the risk of future abuse or
maltreatment through the achievement of proposed outcomes set forth
in the family and children's services plan.
SERVICES TO VICTIMS OF DOMESTIC VIOLENCE
Emergency shelter and supportive services provided
to: persons who are 16 years of age or older; married persons; or,
parents of a minor child who is the victim of an act which constitutes
a violation of the Penal Law and such act has been committed by
a family or household member which includes: persons related by
blood or marriage; persons legally married to one another; persons
formerly married; persons who have a child in common; unrelated
persons who are continually or at regular intervals living in the
same household or who have in the past continually lived in the
same household; or unrelated persons who have had intimate or continuous
social contact with one another and who have access to one anothers
household.
The following services, when provided directly by
a licensed residential program for victims of domestic violence
pursuant to Department regulations Part 452 and Part 453, 454, or
455, or an approved non-residential program for victims of domestic
violence pursuant to Department regulations Part 462, are considered
domestic violence services:
Arranging and providing emergency shelter at a licensed
residential program for victims of domestic violence;
Telephone Hotline assistance which means the provision
of immediate crisis intervention counseling and information and
referral services through a telephone hotline.
Information and referral services which means providing
information about and referral to community services and programs
including referral to domestic violence residential services.
Advocacy services which means providing liaison services
or intervening on behalf of a victim in order to assist victims
in accessing legal remedies and protections and law enforcement
personnel, obtain public assistance applications, medical care,
social services, employment, and housing.
Counseling which means providing individual and/or
group counseling which stresses self-sufficiency and addresses the
needs identified by victims, assists victims to seek services on
their own behalf, informs victims of the options available to ensure
their safety, informs victims of the nature of family violence and
its effects on children, informs victims of the legal, financial
and housing options available to them, and assists victims to improve
their problem solving skills.
Community education/outreach activities which means
providing educational activities to the community regarding the
need for the benefits of domestic violence services, the dynamics
of domestic violence, and the prevention of domestic violence by
making presentations, distributing written materials and using the
media.
Children's services which means: (1) making appropriate
arrangements to provide for the education of school-aged children;
(2) assisting victims in arranging child care to enable the victim
to seek needed services; and (3) offering and providing appropriate
counseling to the children of domestic violence victims.
Support groups which means the provision of peer support
to interested victims by conducting meetings during which groups
of victims discuss their experiences with family violence.
Follow up services which means ensuring that prior
to a victim exiting a domestic violence residential program, efforts
are made by the residential program to involve the victim in discussions
on available community resources which may assist the victim in
carrying out their intended future plans upon departure from the
residential program.
Medical services which means the residential program
has an established linkage with a fully accredited medical institution
or clinic or with qualified medical personnel for the referral of
victims who are residents of a domestic violence residential program
for preliminary health examinations and follow-up visits.
Transportation which means arranging for transportation
to the residential program in an emergency and providing transportation
or assisting victims to obtain available public or private transportation
or assisting in order for victims to secure legal, medical, housing,
employment or public assistance services.
Translation services which means interpreting any
oral or written information for non-English speaking victims of
domestic violence.
PROTECTIVE SERVICES FOR ADULTS
Services to individuals 18 years of age or older who
are unable to protect their own interests, harmed or threatened
with harm through action or inaction by another individual, or through
their own action due to lack of awareness, incompetence or poor
health which results in a physical or mental injury, neglect or
maltreatment, failure to receive adequate food, shelter or clothing,
deprivation of entitlements due them, or wasting of their resources.
Such services are limited to:
(a) Identifying such adults who need assistance or who have no
one willing and able to assist them responsibly;
(b) Providing prompt response and investigation upon request of
adults at risk or other persons acting on their behalf;
(c) Assessing the individual's situation and service needs;
(d) Providing counseling to such adults, their families, other responsible
persons or to fiduciaries, such as representative payees, on handling
the affairs of such adults;
(e) Arranging for appropriate alternate living arrangements in the
community or in an institution; providing room and board as an integral
but subordinate part of the provision of PSA for a period not to
exceed 30 days;
(f) Assisting in location of social services, medical care and other
resources in the community, including arrangement for day care in
a protective setting;
(g) Arranging for guardianship, commitment or other protective placements
as needed;
(h) Providing advocacy and assistance in arranging for legal services
to assure receipt of rights and entitlements due to adults high
at risk;
(i) Functioning as a guardian, representative payee or protective
payee, where it is determined such services are needed and there
is no one else available or capable of acting in this capacity;
(j) Providing homemaker and housekeeper/chore services when provided
as an integral but subordinate part in the provision of PSA to meet
the goal of protection for adults who demonstrate specified functional
deficits. The provision of such services to be limited to six months
when provided without regard to financial criteria. When such services
are available through other public or private community resources,
these should be utilized. The provision of these services beyond
six (6) months may be authorized on a case-by-case basis under the
following conditions:
(1) Guardianship or other financial management proceedings have
been started within the first 60 days of the provision of PSA
services; and
(2) The local district must accept the responsibility to function
as a guardian, representative payee or protective payee on behalf
of a PSA client if no other resources are available within 45
days of a determination by either:
(i) A court that a guardian is required:
(ii) An office of the Federal Social Security Administration or
the Railroad Retirement System that a representative payee is required;
or
(iii) The social services district that a protective payee is required.
Under these conditions the provision of homemaker
and housekeeper/chore services without regard to financial criteria
may be continued beyond six months until the conservatorship or
other financial management proceedings are completed, except in
no case shall such services be authorized to continue for a period
of more than three months subject to one reauthorization not to
exceed an additional three months.
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