Office of Children and Family Services

Legislation and Regulations

Regulations Filed for Public Comment

A proposed regulation filed for public comment is a new proposed regulation, or an amendment or repeal of an existing regulation, which OCFS is considering adopting on a permanent basis. A proposed regulation is filed with the Secretary of State and published in the State Register to notify and afford the public an opportunity to comment. The comment period generally is 45 days from the date of publication in the State Register after which time OCFS must assess any comment received. If OCFS decides not to make any substantive changes to a proposed regulation based upon the assessment of public comment, then the regulation may be permanently adopted by OCFS. However, if OCFS decides to make substantive changes to a proposed regulation, the proposed amended regulation must be re-published in the State Register and a 30-day comment period is commenced from the date the revised proposed regulation is published. OCFS must assess any comment received during this second public comment period before permanently adopting the regulation.

Proposed Amendment of Section 443.2 of Title 18 NYCRR - Foster Home Certification

These regulations are necessary to implement laws requiring review to determine if an applicant held a certificate or letter of approval as a foster parent.

Amendment of Part 436 of Title 18 NYCRR - Successor Guardian Payments for Non-reoccurring Expenses

Successor guardian payments for non-reoccurring expenses and eligibility of destitute children for kinship guardianship assistance.

Amendment of Section 431.18 of Title 18 NYCRR - Child Custody and Emergency Proceedings Involving Indian Children

Implementation of federal standards for child custody and emergency proceedings involving Indian children in foster care and adoptive placements.

Amendment of 421.11, 421.15, 421.19, 421.27, 443.2 and 443.8 of Title 18 NYCRR - Voluntary Authorized Access to FBI Criminal History Checks for Prospective Foster and Adoptive Parents and Adults

These regulations are necessary to allow voluntary authorized agencies access to Federal Bureau of Investigation (FBI) criminal history checks of prospective foster and adoptive parents and adults residing in their homes.

Submit comments to:

New York State Office of Children and Family Services
52 Washington Street, Room 305 South
Rensselaer, NY 12144
Fax: (518) 486-7550