Final Adopted Regulations

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You are on this page: Final Adopted Regulations

A final adopted regulation is a regulation that has been previously proposed and published, for which the public was afforded an opportunity for comment, and which OCFS now has adopted on a permanent basis. Unless the regulation has also previously been adopted as an emergency regulation, a regulation is not effective and not enforceable until it is filed with the Secretary of State with a proper certification, and a Notice of Adoption is published in the State Register.

A final, adopted regulation will be posted on the OCFS website for a maximum of 90 days from adoption for the convenience of the public. The posting will include the assessment of public comment. After 90 days, it will be deleted from the website. Nevertheless, it is important to remember that the regulation remains valid and enforceable and can be accessed in the New York Code, Rules and Regulations.

Current Postings

Amendment of Parts 421 and 426 of Title 18

To implement Chapter 491 of the Laws of 2019, specifically section 4138-e of the Public Health Law (PHL) relating to access to birth certificates and related information by adult adopted persons and other specified individuals.

Amends Parts 413 and 415 of Title 18

Outlining the procedures for requesting and conducting criminal history disqualification reviews.

Amendment of Parts 441 and 442 of Title 18

Behavior health services for foster kids in congregate facilities, elimination of room isolation & operation de-escalation rooms.

Amendment to Section 457

Amendment to community guardian program regarding who can complete the annual evaluation or examination.

Amendment of Sections 414, 416, 417, & 418 of Title 18

Requires training on adverse childhood experiences (ACEs), focused on understanding trauma and on nurturing resiliency.

Amendment of Parts 413 & 415 of Title 18 of the NYCRR

Define “non-school hours” and “those periods of the year in which school is not in session.”

Amendment of Sections 409.5 & 409.6 of Title 18 of the NYCRR, Amendment of 165-5.6, 166-5.5 & 166-5.6 of Title 9 NYCR

To remove the soft cap limit on executive compensation.

Amendment of Part 415 of Title 18 of the NYCRR

To require districts to authorize up to eight hours of child care assistance, as needed, to assist parents or caretakers.

Amendment of Parts 414, 415, 416, 417, and Sub-Parts 418-1 and 418-2 of Title 18 of the NYCRR

To implement and enforce emergency health guidance as put forward by the Executive Chamber and DOH.

Amendment of Sections 421, 442, 443, & 448 of Title 18 of the NYCRR

To modernize the requirements for medical reviews so that required standards do not act as a barrier for child placement.

Amendment of 168.7 of Title 9 of the NYCRR

Permissible disclosure of records maintained by OCFS.

Amendments to Sub-parts 443.1 and 443.7 of Title 18 of the Official Compilation of Codes, Rules and Regulations

To expand the categories of relatives eligible to become a foster parent of a child in non-relative foster care.

Amendments to Sub-parts 418-1 and 418-2 and Parts 413, 414, 416 and 417 of Title 18

To implement statutory requirements to include enhanced background checks, annual inspections, annual training and safety.

Amendments to Sub-parts 358-3 and Parts 403, 404, 405, 406, and 415 of Title 18

To implement statutory requirements to include enhanced background checks, annual inspections, annual training and safety.

Notices of Emergency and Final Adoption – Domestic Violence Regulations – Amendment of Sections 408.4, 408.5, 452.9 and 452.10 of Title 18 of the Official Compilation of Codes, Rules and Regulations of the State of New York

These regulations are necessary to eliminate the requirement that victims of domestic violence apply for public assistance to pay for cost of shelter.

Special Secure Detention - Adoption of sections 180-3.20 through 180-3.32 of Title 9 NYCRR

These regulations are necessary to establish operating standards for specialized secure detention facilities for older adolescents required by the Raise the Age legislation.

Amendment of Sections 415.4 and 415.9 of Title 18 NYCRR

These regulations are necessary to establish group size and supervision ratios in legally-exempt child care settings and legally-exempt group child care financial incentives.

Amendment of Section 485.5 of Title 18 NYCRR - Suspension, Revocation, Limitation or Denial of Operating Certificates for Adult Care Facilities

These provisions relate to the revocation, suspension, limitation or denial of an operating certificate for an adult care facility.

Amendment of Section 432.3 of Title 18 NYCRR – Local School District Cooperation with CPS Interview

These regulations are necessary to clarify the requirements for the cooperation of school districts with investigations of child abuse and maltreatment.

Amendment of 413.3 and 413.5 of Title 18 NYCRR - Daycare Safety and Enforcement

These regulations amend child day care safety regulations and administrative hearing regulations pertaining to child day care safety and enforcement.

Amendment of Section 415.9 of Title 18 NYCRR - Child Care Market Rates

These regulations are necessary to establish payment rates for federally-funded child care subsidies to allow equal access to child care for eligible children.

Notice of Adoption – Repeal of Sub-parts 165-1 and 165-2 of Title 9 NYCRR and addition of Sub-part 165-1 of 9 NYCRR - Youth Development Program Regulations

The adopted regulations are necessary to implement changes in the Executive Law regarding youth development program funding and implementation.

Caseworker Contact - Amendment of sections 428.3, 430.11, 430.12 and 441.21 of Title 18 NYCRR

These regulations are necessary to implement federal standards which require monthly face-to-face, in-person caseworker contact with foster children.

Successor Guardian Regulations - 18 NYCRR Part 436

These regulations are necessary to enact standards for the appointment and approval of a successor guardian upon the death or incapacity of a relative guardian.

Protection of Vulnerable Persons

These regulations are necessary to create a durable set of consistent safeguards for vulnerable persons to protect them against abuse, neglect and other conduct.

Limited Secure Regulations

These regulations are necessary for the operation of residential facilities providing limited secure care within a social services district.

Business Enterprise Program Regulations

These regulations are necessary to allow the Business Enterprise Program to expand opportunities for the employment of blind and visually impaired individuals.

Restraint Regulations

These regulations are necessary to eliminate the use of restraint solely to prevent property damage in residential facilities for children.

Preventing Sex Trafficking and Strengthening Families Regulations

These regulations are necessary to implement the federal Preventing Sex Trafficking and Strengthening Families Act (P.L. 113-183) and will become effective on September 1, 2015.

Destitute Child Regulations

The regulations are necessary to implement legislation for destitute children to enter foster care.

Criminal History Review - Amendment of Section 413.4(e) of Title 18 NYCRR

The regulation amends 18 NYCRR section 413.4(e) to correctly reflect a legal citation to subdivision (3) of 390-b of the Social Services Law.

Exclusion of Income - Amendment of Section 404.5(b)(6)(xiii) of Title 18 NYCRR

The regulation amends 18 NYCRR Section 404.5(b)(6)(xiii) to properly reflect section 410-w(7) which requires the exclusion of income of a dependent child under the age of 18 for the purpose of determining financial eligibility for child care assistance.

Daycare and School Age Child Care Regulations Amendment of Part 413 and Repeal and Reenactment of Part 414 and Sub-parts 418-1 and 418-2

These regulations amend the child day care regulations, enforcement and hearings Part, the school age child care Part, and the day care center and small day care center Sub-parts. These changes are necessary to update the regulations to reflect current operations and state of school age child care and child care center programs in the State of New York.

Child Protective Services and Family Assessment Response– Amendment of Parts 404, 428 and 432 of Title 18 of the Official Compilation of Codes, Rules and Regulations of the State of New York

These regulations implement family assessment response and statutory requirements for child protective services (CPS) training and qualifications, and they also update the CPS regulations.

Child Care Market Rates – Amendment of Part 415 of Title 18 of the Official Compilation of Codes, Rules and Regulations of the State of New York.

These regulations enact revised child care market rates in the State of New York.

Amendment and additions to Parts 180 and 182-1 of Title 9 of the NYCRR, and Parts 421, 423 and 441 of Title 18 of the NYCRR

The adopted regulations prohibit discrimination on the basis of sexual orientation, gender identity or expression to recipients of essential social services.

Adopted Rule - Repeal and re-enactment of Parts 413, 416 and 417 of Title 18 of the NYCRR.

The regulations revise and update OCFS’ family and group family day care regulations. These regulations will be effective on May 1, 2014.

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