ny-CFS-42-26-00002-P: Virtual Casework Contacts

I.D. No. CFS-42-26-00002-P PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedureAct, NOTICE is hereby given of the following proposed rule: Proposed Action: Amendment of sections 430.12 and 441.21 of Title 18 NYCRR. Statutory authority: Social Services Law, sections 20(3)(d) and 34(3)(f) Subject: Virtual Casework Contacts. Purpose: To permit agencies to offer virtual casework visits to certain youth in foster care. Text of proposed rule: Clause (b) of subparagraph (i) of paragraph (5) of subdivision (f) of section 430.12 of Title 18 NYCRR is amended to read as follows: (b) [Face-to-face contacts with the youth on trial discharge must occur at least monthly, with such contact taking place where the youth resides at least once every 90 days.]Monthly contact with the youth on trial discharge is required. Monthly contact must be conducted face-to- face unless the youth provides informed consent for virtual contact and virtual contact is determined appropriate for their needs in accordance with Part 441.21(c)(3)(iv) of this Title. There must be one face-to-face contact taking place at least once every 90 days regardless of whether the youth is participating in virtual contacts. Clauses (a), (b), (c), and (d) of subparagraph (ii) of paragraph (5) of subdivision (f) of section 430.12 of Title 18 NYCRR are amended to read as follows: (a) Supervision includes at least monthly contact with the youth which may be conducted either face-to-face or [electronically]virtually, with the youth’s informed consent and in accordance with the needs of the youth; however, at least one in-person contact must occur every 90 days. (b) [If the youth is residing more than 50 miles away, contacts every 90 days may be made by electronic means if in person face-to-face contacts are not feasible. (c)]If a youth has refused contact or cannot be located, monthly casework contact attempts must continue until the youth reaches age 21. [(d)](c) Services during supervision to age 21 must be consis- tent with the needs of the youth identified in the uniform case record which would enable the youth to support themselves and live independently. The district is responsible to provide referrals for all identified needed services. There must be sufficient follow-up efforts by the district to ensure that the youth has begun to receive the services for which they were referred. Paragraph (1) of subdivision (c) of section 441.21 of Title 18 NYCRR is amended to read as follows: (1) Casework contacts with the child is defined as individual or group face-to-face contacts, or individual or group virtual contacts for youth 1 Rule MakingActivities ages 18 and older in accordance with paragraph (3)(iv) of this subdivi- sion, between the case planner, or the caseworker assigned to the child, as directed by the case planner, or the case manager, and the child. The purpose of the contacts is to assess the child’s current safety and well- being, to evaluate or reevaluate the child’s permane