ny-CFS-46-25-00014-A: Diligence of efforts requirements and permanency planning for youth in foster care

I.D. No. CFS-46-25-00014-A Filing No. 860 Filing Date: 2026-09-09 Effective Date: 2026-09-30 PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedureAct, NOTICE is hereby given of the following action: Action taken: Amendment of section 430.12 of Title 18 NYCRR. Statutory authority: Social Services Law, sections 20(3)(d), 34(3)(f) and 398(6) Subject: Diligence of efforts requirements and permanency planning for youth in foster care. Purpose: To provide greater clarity and specificity for permanency plan- ning requirements for youth in foster care. Text or summary was published in the November 19, 2025 issue of the Register, I.D. No. CFS-46-25-00014-P. Final rule as compared with last published rule: No changes. Text of rule and any required statements and analyses may be obtained from: Nicholas Martin, Office of Children and Family Services, 52 Washington Street, Rensselaer, New York 12144, (518) 474-8310, email: regcomments@ocfs.ny.gov Initial Review of Rule As a rule that does not require a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2031, which is no later than the 5th year after the year in which this rule is being adopted G Assessment of Public Comment This rule significantly reorganizes and amends the regulatory provi- sions to provide clarity and improved standards for the diligent efforts required for permanency planning for youth in foster care. The New York State Office of Children and Family Services (OCFS) received one (1) public comment in response to the proposed amendments during the public comment period. The comment was reviewed and considered by OCFS. No changes were made to the proposed regulations in response to this comment. The commenter identified three (3) key recommendations for changes to the proposed regulations including seeking that OCFS: (1) clarify definitions and terminology related to APPLA to eliminate confusion and ensure consistent application; (2) strengthen discharge planning and discharge standards by requiring identification of a specific, stable residence prior to discharge and prohibit- ing discharge to all shelters or congregate settings; and (3) preserve and strengthen independent living stipends by maintaining set rates, providing Cost of Living Adjustments (COLAs), extending eligibility to all youth receiving independent living skills instruction, and establishing clear, fair rules for suspension. The Commenter additionally made recommendations that focus on expanding and clarifying visitation requirements (including virtual visita- tion) and providing greater transparency and notice for youth in the pre- and post- discharge periods.Additionally, regarding the ask that the regula- tions include an explicit prohibition on discharge when a youth is not meeting educational or vocational requirements, such a requirement is al- ready set forth in clear terms at 430.12(f)(3)(i)(e), which provides “Youth may not be discharged to APPLA solely on the basis of not meeti