Office of Children and Family Services 2018 Regulatory Agenda

Pursuant to section 202-d of the State Administrative Procedure Act (SAPA), the Office of Children and Family Services (OCFS) is required to publish a regulatory agenda for those regulations it is considering for publication in the State Register. Set forth below is an agenda for 2018. OCFS reserves the right to add, delete or modify, without further notice, except as required by SAPA, any item or information presented herein as relating to its 2018 Regulatory Agenda. Section 202-d of SAPA does not preclude OCFS from proposing for adoption a regulation that is not described in this agenda, nor does it require OCFS to propose for adoption a regulation that is described in this agenda.

Amendment of Part 436 of Title 18 of the New York Codes, Rules and Regulations (NYCRR) to expand the definition of “prospective relative guardian” and continue Kinship Guardianship (KinGAP) beyond age 18 for youth who had their KinGAP agreement take effect prior to age 16, as long as the youth satisfies certain education, work or disability requirements. A regulatory flexibility analysis and rural area flexibility analysis may be required.

Amendment of Parts 404, 413, 414, 415, 416, 417, 418-1 and 418-2 of Title 18 of NYCRR to clarify and amend specific existing regulatory citations, correct spelling and numbering issues, add needed health and safety requirements, rescind unnecessary regulations, and conform regulations that are inconsistent with recent federal guidance. A regulatory flexibility analysis and rural area flexibility analysis may be required.

Amendment of Parts 408, 452, 453, 454, 455 and 462 of Title 18 of the NYCRR to update existing regulations regarding residential and non-residential services to victims of domestic violence to better comport with current federal and state statutes and to clarify existing requirements. A regulatory flexibility analysis and rural area flexibility analysis may be required.

Amendment of sections 441.2, 441.18 and 441.23 of Title 18 NYCRR to amend the definitions of “child” and “searches” and to add requirements relating to the conditional release of juvenile delinquents. A regulatory flexibility analysis and rural area flexibility analysis may be required.

Amendment of section 168.3 of Title 9 NYCRR to revise the requirements regarding the use of mechanical restraints on youth placed in the custody of the Office of Children and Family Services. A regulatory flexibility analysis and rural area flexibility analysis may be required.

Amendment of section 168.7 of Title 9 of the NYCRR relating to the confidentiality of records of youth under the care and supervision of the Office of Children and Family Services. A regulatory flexibility analysis and rural area flexibility analysis may be required.

Amendment of Part 180 of Title 9 of the NYCRR to implement statutory requirements relating to specialized secure detention facilities to include additional sections in Sub-part 180-3 setting forth administrative, operational and programmatic requirements. A regulatory flexibility analysis and rural area flexibility analysis may be required.

Addition of Subpart 180-1 of Title 9 of the NYCRR to implement uniform standards and procedures for the establishment and operation of secure detention facilities. A regulatory flexibility analysis and rural area flexibility analysis may be required.

Addition of Subpart 180-2 of Title 9 of the NYCRR to implement uniform standards and procedures for the establishment and operation of non-secure detention facilities. A regulatory flexibility analysis and rural area flexibility analysis may be required.

Amendment of Part 182 of Title 9 of the NYCRR to update the requirements for the approval, certification and operation of runaway and homeless youth residential programs. A regulatory flexibility analysis and rural area flexibility analysis may be required.

This regulatory agenda may also be accessed on the OCFS website at: ocfs.ny.gov/main/legal/Regulatory/

Any questions, comments or requests for information concerning the items listed in this agenda may be referred to:

Leslie Robinson, Senior Attorney
Office of Children and Family Services
52 Washington Street
Rensselaer, NY 12144

Email: leslie.robinson@ocfs.ny.gov
Phone: (518) 486-9563