Child Protective Services Policies

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2024

24-OCFS-LCM-26 Child Protective Services Manual Updates: The purpose of this Local Commissioners Memorandum (LCM) is to advise local departments of social services (LDSSs) of updates to the New York State Child Protective Services Manual (CPS Manual; August 2024). These updates replace prior iterations of the manual and are intended to reflect the most recent law, regulation, and policy.

2023

23-OCFS-ADM-09 New Mandated Reporter Training

The purpose of this Administrative Directive (ADM) is to advise local departments of social services (LDSSs) and authorized voluntary agencies (VAs) of the requirement that staff who are mandated to report suspected child abuse and maltreatment complete the New York State Office of Children and Family Services (OCFS) new self-directed Mandated Reporter Online Training by April 1, 2025.

23-OCFS-ADM-06 Providing Services to Children of Undocumented Immigrants

The purpose of this Administrative Directive (ADM) is to remind local departments of social services (LDSSs) and voluntary authorized agencies (VAs) that no child who is a United States citizen or who is lawfully residing in the United States can be denied any social services for which the child is otherwise eligible because of the residency status of the child’s parent(s) or custodial relative(s). This ADM also reminds LDSSs and VAs that undocumented immigrants who are receiving services may not be reported to immigrant enforcement personnel unless otherwise required by law. This ADM cancels and replaces 17-OCFS-ADM-06 that previously addressed this topic.

23-OCFS-INF-12 The Importance of Assigning the Correct Role to Every Child in the CONNECTIONS System in Child Protective Services Investigations

The purpose of this Informational Letter (INF) is to highlight the importance of child protective services (CPS) caseworkers and their supervisors to correctly assign the child’s role in the CONNECTIONS database at the close of the investigation so that it aligns with their investigatory findings, whether it be abuse or maltreatment.

23-OCFS-INF-10 Guidelines for Parent Advocate Programs

The purpose of this informational letter (INF) is to advise local departments of social services (LDSSs) and voluntary authorized agencies (VAs) of guidelines for operating a Parent Advocate Program. Parent Advocate Programs operate with parent advocates who are defined as persons who have been previously recipients of child welfare services; who have successfully addressed the issues that brought the family to the attention of child welfare; who have been reunified with their children, if applicable; and who have subsequently been successfully trained as a parent advocate to work within the child welfare system. Such person is either an employee or under contract with an LDSS or VA.

23-OCFS-LCM-23 Child Protective Services Manual Update

The purpose of this Local Commissioners Memorandum (LCM) is to advise local departments of social services (LDSSs) of updates to the New York State Child Protective Services Manual (CPS Manual; August 2023). These updates replace prior iterations of the manual and are intended to reflect the most recent law, regulation, and policy

23-OCFS-LCM-20 FFY 2022-23 Title IV-B Subpart 1 Allocations

The purpose of this Local Commissioners Memorandum (LCM) is to provide local departments of social services (LDSSs) with their Title IV-B Subpart 1 (United States Code §§601-687, Subchapter IV, Chapter 7, Title 42) allocations for federal fiscal year (FFY) 2022-23.

2022

22-OCFS-ADM-11 Requirements for Use of the National Electronic Interstate Compact Enterprise (NEICE) 2.0: The purpose of this Administrative Directive (ADM) is to set forth expectations and procedures for local departments of social services (LDSSs) and voluntary authorized agencies (VAs) in compliance with the New York State Office of Children and Family Services (OCFS) requirement for electronic submission of all requests for placements through the Interstate Compact on the Placement of Children (ICPC), using the National Electronic Interstate Compact Enterprise (NEICE) version 2.0.
22-OCFS-ADM-10 Kinship Guardianship Assistance Program (KinGAP) Online System Requirements: The purpose of this Administrative Directive (ADM) is to inform local departments of social services (LDSSs) and voluntary authorized agencies (VAs) of the requirement to process all Kinship Guardianship Assistance Program (KinGAP) cases, including applications, agreements, and amendments, electronically through the KinGAP Online System. This ADM introduces this new system and sets forth requirements that users must follow to gain access.
22-OCFS-INF-03 Change in the New York Statewide Central Register’s Intake Procedures Related to Adult-Use Cannabis: The purpose of this Informational Letter (INF) is to notify local departments of social services (LDSSs) about recent updates to the intake procedures used by the New York Statewide Central Register of Child Abuse and Maltreatment (SCR) regarding the use of cannabis, including calls regarding a birthing parent and/or an infant testing positive for the presence of cannabis.
22-OCFS-LCM-23 Title IV-B Subpart 1 Allocations: The purpose of this Local Commissioners Memorandum (LCM) is to provide clarification of the impact of the amendments to the New York State Mental Hygiene Law Chapter 27, Title E, Article 82 (also known as “Article 82”), regarding the requirements of supported decision-making agreements as it pertains to the provision of adult protective services (APS) in local departments of social services (LDSSs).
22-OCFS-LCM-16 CPS Manual Updates: The purpose of this Local Commissioners Memorandum (LCM) is to advise local departments of social services (LDSSs) of updates to the New York State Child Protective Services Manual (CPS Manual; June 2022). These updates replace prior iterations of the manual and are intended to reflect the most recent law, regulations, and policy.
22-OCFS-LCM-10 SFY 2021-22 Title IV-B Subpart 1 Allocations: The purpose of this Local Commissioners Memorandum (LCM) is to provide clarification of the impact of the amendments to the New York State Mental Hygiene Law Chapter 27, Title E, Article 82 (also known as “Article 82”), regarding the requirements of supported decision-making agreements as it pertains to the provision of adult protective services (APS) in local departments of social services (LDSSs).
22-OCFS-LCM-02 CPS Manual Updates: The purpose of this Local Commissioners Memorandum (LCM) is to advise local departments of social services (LDSSs) of updates to the New York State Child Protective Services Manual (CPS Manual; January 2022). These updates replace prior iterations of the manual and are intended to reflect the most recent law, regulations, and policy.

2021

21-OCFS-ADM-34 Designation of Certain Indicated Reports of Child Maltreatment as "Not Relevant and Reasonably Related" by Operation of Law: The purpose of this Administrative Directive (ADM) is to instruct local departments of social services (LDSSs) of changes regarding: The disclosure by the Statewide Central Register of Child Abuse and Maltreatment (SCR) of the existence of certain indicated reports in response to a database check conducted pursuant to Social Services Law (SSL) section 424-a; and The designation of reports indicated for maltreatment only as "not relevant and reasonably related" ("not R&R") by operation of law, eight years following the date the report was indicated. These changes are the result of Part R of Chapter 56 of the Laws of 2020, also referred to as "SCR reform legislation."
21-OCFS-ADM-33 Changes to Administrative Appeals Challenging Indicated Reports of Child Abuse and Maltreatment: The purpose of this Administrative Directive (ADM) is to instruct local departments of social services (LDSSs) of changes to the procedures for the New York State Office of Children and Family Services (OCFS) processing of administrative appeals challenging indicated reports of child abuse and maltreatment maintained by the Statewide Central Register of Child Abuse and Maltreatment (SCR) due to the implementation of Part R of Chapter 56 of the laws of 2020 (commonly referred to as: “SCR reform legislation”).
21-OCFS-ADM-02 Implementing Federal and Corresponding New York State Indian Child Welfare Act (ICWA) Regulations (replaces 17-OCFS-ADM-08): The purpose of this Administrative Directive (ADM) is to advise local departments of social services (LDSSs) and voluntary authorized agencies (VAs) of requirements in federal and state regulations pertaining to the federal Indian Child Welfare Act (ICWA). This ADM replaces 17-OCFS-ADM-08, to include OCFS-5500, ICWA Case Process Checklist, a new tool for LDSSs to document case processes for children known to be Indian/Native American.
21-OCFS-LCM-16 First-Level SCR Clearance Process: The purpose of this Local Commissioners Memorandum (LCM) is to inform local departments of social services (LDSSs) of the procedures for conducting first-level database checks or clearances under section 424-a of the Social Services Law (SSL) through the New York Statewide Central Register of Child Abuse and Maltreatment (SCR). The SCR is the only entity authorized to process first-level clearances.
21-OCFS-LCM-13 Relevant and Reasonably Related to Employment Determinations at Administrative Hearings Conducted Under §424-a of the Social Services Law: This Local Commissioners Memorandum provides an update regarding changes to the process for conducting administrative hearings regarding indicated reports of child abuse or maltreatment, including information that a local department of social services (LDSS) may want to submit for consideration when the administrative hearing is the result of a challenge to an indicated report of child abuse or maltreatment stemming from a database check conducted by the New York Statewide Central Register of Child Abuse and Maltreatment (SCR) regarding continued or potential employment or licensure of an individual.
21-OCFS-LCM-12 OCFS Best Interests Determinations Process for Fatality Report Releases: The purpose of this Local Commissioners Memorandum (LCM) is to inform local departments of social services (LDSSs) of a change in the New York State Office of Children and Family Services’ (OCFS) practice pertaining to the public posting of OCFS fatality reports, and subsequently, the best interests determinations used when considering whether to publicly release a child fatality report.

2020

20-OCFS-ADM-23 Stafford Act Flexibility

The purpose of this Administrative Directive (ADM) is to notify local departments of social services (LDSSs) and voluntary authorized agencies (VAs) of the flexibility to waive certain title IV-E requirements due to the COVID-19 pandemic as authorized by the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act). The ADM also introduces the process LDSSs and VAs must follow for requesting such flexibility.

20-OCFS-ADM-23 Attachment A – Attestation of Title IV-E Eligibility Due to Stafford Act and Covid-19 Pandemic

20-OCFS-ADM-22-R2 Persons In Need of Supervision Reform Changes

The purpose of this Administrative Directive (ADM) is to provide an updated outline and description of the changes made to Article 7 of the Family Court Act (FCA) to enact Persons In Need of Supervision (PINS) reform effective January 1, 2020. Please note that provisions related to truancy allegations of youth, pursuant to Chapter 362 of the Laws of 2018, went into effect as of March 7, 2019. In accordance with legislation enacted in 2017, all state reimbursement funding for PINS placements was eliminated as of January 1, 2020. As such, this guidance is necessary to outline the impacts of the 2019 Persons In Need of Supervision (PINS) reform legislation, which limits the settings PINS respondent youth can be placed, eliminates the use of detention for PINS youth, and sets firm time limits regarding placement periods and the filing of placement extensions. This ADM replaces 19-OCFS-ADM-22—Persons In Need of Supervision Reform Changes, which was previously issued.

20-OCFS-ADM-22 Attachment A – System Instructions for Youth Ordered to Pre-dispositional Placement in a Foster Care Setting and Post-dispositional Placement Under Article 7

20-OCFS-ADM-21 New Purchase of Service (POS) Types for Authorizing Special Payment

The purpose of this Administrative Directive (ADM) is to notify local departments of social services (LDSSs) of new Welfare Management System (WMS) Purchase of Service (POS) types that must be used for authorizing special payment expenditures for children in foster care residing in foster boarding homes (FBHs). This ADM also provides direction on the authorization of the new POS types.

20-OCFS-ADM-19 Blind Removal Process

The purpose of this New York State Office of Children and Family Services (OCFS) Administrative Directive (ADM) is to advise local department of social services (LDSSs) of the requirement to develop and implement The Blind Removal Process. OCFS is deeply committed to advancing and affirming practices of equity and inclusion and to uphold the values of our agency on behalf of the children and families of New York State (NYS). The goal of The Blind Removal Process is to eliminate bias in decision-making during the child protective services (CPS) removal process, decrease the overall number of children being removed from their homes, and build a more equitable system of care.

20-OCFS-ADM-18 Kin-First Firewall Practice

The purpose of this Administrative Directive (ADM) is to inform local departments of social services (LDSSs) and voluntary agencies (VAs) of the requirement to establish a kin-first firewall practice to increase safe and appropriate kinship placements for children. The kin-first firewall practice must address both instances of initial removal and of children being moved while in care. Kin-first firewalls are intended to make kinship placements the presumptive placement for children, thereby expanding family-based care and helping LDSSs and VAs prepare for Family First Prevention Services Act (FFPSA) implementation.

20-OCFS-ADM-18 Kin-First Firewall FAQ

20-OCFS-ADM-16 Child Welfare Preventive Housing Subsidy

The purpose of this Administrative Directive (ADM) is to inform local departments of social services (LDSSs) of the authority to provide housing services in the form of rent subsidies as a preventive service to otherwise eligible recipients regardless of whether they are residing with unrelated roommates. Chapter 624 of the Laws of 2019 amended section 409-a of the Social Services Law (SSL) to provide that section 409-a, which addresses eligibility for preventive services, does not limit the ability of those using such rent subsidy to live with roommates. Chapter 624 took effect on December 12, 2019.

20-OCFS-ADM-08 Approval of Emergency Foster Boarding Homes and Expanded Waiver Authority

The purpose of this Administrative Directive (ADM) is to release the standardized forms that must be used to complete the expedited home studies to approve emergency foster boarding homes (FBHs). It also reminds local departments of social services (LDSSs) and voluntary authorized agencies (VAs) of the New York State Office of Children and Family Services (OCFS) regulations that allow LDSSs/VAs to approve kin as emergency FBHs to provide care to a specific child(ren) who needs immediate placement in an FBH. Finally, this ADM informs LDSSs and VAs about amendments to OCFS regulations that expand the definition of "relative” for the purpose of approval of an FBH and expands regulatory non-safety, non-statutory waiver authority to include individuals who meet the requirements to become an approved FBH.

20-OCFS-ADM-08 OCFS-5300A – Emergency Foster Home Application
20-OCFS-ADM-08 OCFS-5300B – Prospective Emergency Foster Parent Statement
20-OCFS-ADM-08 OCFS-5300C – Expedited Home Study Evaluation
20-OCFS-ADM-08 OCFS-5300D – Expedited Home Study Checklist for Caseworker

20-OCFS-LCM-13 New York Statewide Central Register (SCR) Change in Intake Procedures Related to Previously Reported and Investigated Child Fatalities

The purpose of this Local Commissioners Memorandum (LCM) is to notify the local departments of social services (LDSSs) of procedural changes related to reports made to the New York Statewide Central Register of Child Abuse and Maltreatment (SCR) regarding the death of a child that was previously reported to the SCR and investigated by the LDSS child protective services (CPS).

20-OCFS-LCM-06 Child Protective Services Manual Updates

The purpose of this Local Commissioners Memorandum (LCM) is to advise local departments of social services (LDSSs) of updates to the New York State Child Protective Services Manual (CPS Manual; March 2020). These updates replace prior iterations of the manual and are intended to reflect the most recent law, regulations, and policy.

2019

19-OCFS-ADM-07 FFPSA Model Licensing Standards and Updated Forms for the Certification or Approval of Foster/Adoptive Homes

The purpose of this Administrative Directive (ADM) is to advise local departments of social services (LDSSs) and voluntary authorized agencies (VAs) of the release of the Federal Family First Prevention Services Act (FFPSA) model licensing standards and the alignment of New York State’s process for certifying or approving foster homes with the model standards. This ADM also releases the updated forms that must be used by LDSSs and VAs when certifying or approving foster or foster/adoptive homes.

19-OCFS-ADM-04 Expansion of Background Checks for Congregate Care Staff

The purpose of this Administrative Directive (ADM) is to notify local departments of social services (LDSSs) and voluntary authorized agencies (VAs) of changes in federal and New York State law relating to background clearances for all persons working in congregate residential care foster care programs licensed or certified by the New York State Office of Children and Family Services (OCFS). Such background checks include: a) criminal background checks (CBC) through the Justice Center for the Protection of People with Special Needs (Justice Center); b) New York State (NYS) OCFS Statewide Central Register of Child Abuse and Maltreatment (SCR); and c) checks of the child abuse register in any state in which the person resided within the last five years.

19-OCFS-LCM-31 Child Protective Services Manual Updates

The purpose of this Local Commissioners Memorandum (LCM) is to advise local departments of social services (LDSSs) of updates to the New York State Child Protective Services Manual (CPS Manual; December 2019). These updates replace prior iterations of the manual and are intended to reflect the most recent law, regulations, and policy.

19-OCFS-LCM-24 Mandated Reporter Summary of Findings Letters to Be Sent via Email Through CONNECTIONS

The purpose of this Local Commissioners Memorandum (LCM) is to advise local departments of social services (LDSSs) of a change in procedure of the New York State Office of Children and Family Services (OCFS) in providing Summary of Findings letters to mandated reporters. Effective August 23, 2019, staff at the New York Statewide Central Register of Child Abuse and Maltreatment (SCR) will ask all mandated reporters for a business email address, which will be entered into the CONNECTIONS database. Upon the approval and closure of that investigation, a system-generated email will be sent to that email address, with the Summary of Findings letter for that particular investigation as an attachment.

19-OCFS-LCM-08 Federal Fiscal Year 2019 Independent Living Allocations

The purpose of the John H. Chafee Foster Care Independence Program (CFCIP) is to offer assistance to help current and former foster care youths achieve self-sufficiency. This LCM informs local departments of social services of the CFCIP allocations from the Federal Fiscal Year 2019 funds.

19-OCFS-LCM-07 Updated Requirements to Launch, Re-Launch or Modify a Family Assessment Response Program

The purpose of this Local Commissioners Memorandum (LCM) is to inform local departments of social services (LDSSs) of the application process for establishing or amending a differential response system. This LCM is relevant to any LDSS wishing to implement, relaunch, or modify a family assessment response (FAR) approach for some families reported to the New York Statewide Central Register of Child Abuse and Maltreatment.

OCFS-4362 Application to Relaunch a Child Protective Services (CPS) Family Assessment Response (FAR) program
OCFS-4363 Family Assessment Response (FAR) Change Request Form
OCFS-4364 Family Assessment Response (FAR) Implementation Guidelines
OCFS-4365 Application to Provide a Child Protective Services (CPS) Differential Response System by Adding Family Assessment Responses (FAR)

19-OCFS-LCM-06 Child Protective Services Manual Updates

The purpose of this Local Commissioners Memorandum (LCM) is to advise local departments of social services (LDSSs) of updates to the New York State Child Protective Services Manual. These updates replace prior iterations of the manual. Included in this update are edits or additions to sections that provide clarification or additional information, as well as the required form OCFS-2196, Plan of Safe Care, in the appendix for use by child protective services (CPS).

19-OCFS-LCM-05 Local Departments of Social Services to Electronically Transmit Requests for Court-Ordered Investigations Under Section 1034 of the Family Court Act

The purpose of this Local Commissioners Memorandum (LCM) is to advise local departments of social services (LDSSs) of an update to the forms and procedures used for registering reports of suspected child abuse and maltreatment with the New York Statewide Central Register of Child Abuse and Maltreatment (SCR) when in possession of a court order for initiation of an investigation under Section 1034 of the Family Court Act (FCA).

OCFS-1034 Court-Ordered Report of Suspected Child Abuse or Maltreatment

2018

18-OCFS-ADM-08 Requesting Records from the New York Statewide Central Register of Child Abuse and Maltreatment (SCR) for the Certification or Approval of Foster Boarding Homes

The purpose of this Administrative Directive (ADM) is to provide direction to authorized agencies (i.e., local departments of social services (LDSSs) and voluntary authorized agencies (VAs)) regarding New York Statewide Central Register of Child Abuse and Maltreatment (SCR) checks1 during the initial application for certification or approval, and re-openings, of foster boarding homes. When the authorized agency is notified by the SCR in response to a required database check that the applicant(s), or any person 18 years of age or older residing in the applicant(s)’ home, is a confirmed subject in an indicated report of child abuse or maltreatment, the authorized agency must obtain a signed Authorization for Release of Information (OCFS-5023) form from that person. The authorized agency will utilize the completed form to obtain the relevant records from the SCR.

18-OCFS-ADM-05 Criminal History Record Checks of Persons 18 Years of Age or Older Residing in Foster Boarding Homes

The purpose of this Administrative Directive (ADM) is to remind local departments of social services (LDSSs) and voluntary authorized agencies (VAs) 1 that at the time certified or approved foster parent(s) apply to renew their certification or approval, state and national criminal history record checks must be completed through the New York State Division of Criminal Justice Services (DCJS) and the Federal Bureau of Investigation (FBI) on all persons 18 years of age or older residing in the home, if no such criminal history record check was previously completed. This includes any person already residing in the foster home who has turned 18 (including foster children) and any person 18 years of age or older who moved into the home since the initial or subsequent certification or approval.

The LDSS and VA must add these individuals to the Foster and Adoptive Home Development (FAD) stage of CONNECTIONS and are strongly encouraged to complete the criminal history record checks on all persons 18 years of age or older at the time they are notified that the new person is residing in the foster home.

18-OCFS-ADM-04 Requirement to Forward Reports of Suspected Child Abuse or Maltreatment to the Local Departments of Social Services and Voluntary Authorized Agencies Charged With the Care, Custody, or Guardianship of a Child in Foster Care

The purpose of this Administrative Directive (ADM) is to inform local departments of social services (LDSSs) and voluntary authorized agencies (VAs) of Chapter 281 of the Laws of 2017, which requires child protective services (CPS) of an LDSS to ascertain whether a child named in a report of suspected child abuse or maltreatment, or any other child in the same foster home, is in the care, custody, or guardianship of an authorized agency. If the agency with care, custody or guardianship is not in the same LDSS in which the foster home caring for such children is located, the report must be sent by the investigating LDSS to such authorized agency and any other LDSSs with care, custody or guardianship of any children in the home as soon as possible. For the purpose of this release, an authorized agency with care, custody or guardianship means a LDSS with care and custody, or custody and guardianship of the foster child or the LDSS or VA that certified or approved the foster home. The investigating LDSS must also provide the results of the investigation (whether indicated or unfounded) to the LDSS with care, custody or guardianship and to the LDSS or VA that approved or certified the foster home.

18-OCFS-INF-05 Statewide Central Register (SCR) Change in Jurisdictional Assignment Procedures for Additional Information (Add Info) Reports

The purpose of this Informational Letter (INF) is to notify the local departments of social services (LDSSs) of a change in the New York Statewide Central Register of Child Abuse and Maltreatment (SCR) jurisdictional assignment procedures related to Additional Information (Add Info) reports.

18-OCFS-LCM-19 CAPTA/CARA State Grant FY2018

The purpose of this Local Commissioners Memorandum (LCM) is to advise local social services districts (districts) of the availability of federal Child Abuse Prevention and Treatment Act (CAPTA) Comprehensive Addiction and Recovery Act of 2016 (CARA) funds in the State Fiscal Year (SFY) 2018-19.

18-OCFS-LCM-14 Child Protective Services Manual Updates

The purpose of this Local Commissioners Memorandum (LCM) is to advise local departments of social services (LDSS) of updates to the New York State Child Protective Services Manual (CPS Manual; December 2017). These updates replace prior iterations of the manual and are intended to reflect the most recent law, regulation, and policy. Also, included in this update are revisions to sections where additional clarifying information was necessary, as well as resources added to the appendix for use by child protective services (CPS).

18-OCFS-LCM-05 SFY 2018-19 Enhanced Child Protective Services (CPS) Funds (revised)

The purpose of this Local Commissioners Memorandum (LCM) is to advise local social services districts (districts) of the availability of $758,000 of Local Assistance General Funds in the State Fiscal Year (SFY) 2018-19 Enacted Budget for the improvement of child protective services (CPS) staff-to-client ratios. This LCM also provides information on each district’s allocation, the allocation methodology, how districts may use the funds, and planning and claiming requirements.

2017

17-OCFS-ADM-16 Mandated Reporters, Background Checks; Publicly-Funded Emergency Shelters for Families with Children: The purpose of this Administrative Directive (ADM) is to notify New York State Office of Children and Family Services (OCFS) licensed, residential programs for victims of domestic violence, and local departments of social services (LDSSs) on the requirements of Part Q of Chapter 56 of the Laws of 2017 (Chapter 56), which amended Social Services Law (SSL) sections 412, 413, 424-a, and added a new section 460-h.
17-OCFS-ADM-15 Relief from Duplicate Reports of Incidents to the Vulnerable Persons Central Register by Mandated Reporters: The purpose of this Administrative Directive (ADM) is to notify those who are mandated to report to the Vulnerable Persons Central Register (VPCR), operated by the Justice Center for the Protection of People with Special Needs (Justice Center), abuse, neglect and significant incidents in programs operated, licensed or certified by the Office of Children and Family Services (OCFS) of the change in mandated reporter requirements.
17-OCFS-ADM-03 Entry of Incident Date for Substantiated Allegations: The purpose of this Administrative Directive (ADM) is to notify local departments of social services (LDSSs) of CONNECTIONS data entry requirements relevant to the calculation of performance metrics included in the federal Child and Family Services Review (CFSR). As noted in 15-OCFS-ADM 25 Timely Data Entry and Use of Incident Date, LDSSs were mandated to enter in CONNECTIONS the incident date associated with any substantiated allegation of child abuse and maltreatment involving a child placed in out-of-home care, which includes foster care placements. Since the issuance of that policy, data analysis has shown the importance of entering the incident date for all substantiated allegations in every child protective report whether or not the substantiation results in a child’s placement in foster care. The New York State Office of Children and Family Services (OCFS) is now requiring LDSSs to record the incident date for each substantiated allegation in all reports for all children.
17-OCFS-INF-03 New York State Processes Related to Notifications of Victims of Human Trafficking: The purpose of this Informational Letter (INF) is to explain differences between certain requirements (detailed in 15-OCFS-ADM-16) to identify, document, and report child victims of trafficking, and the process of confirming human trafficking victimhood; a process managed by the New York State Division of Criminal Justice Services (DCJS) and New York State Office of Temporary and Disability Assistance (OTDA).
17-OCFS-LCM-15 Statewide Central Register Jurisdictional Assignment of Sensitive Child Protective Services Intake Reports: The purpose of this Local Commissioner’s Memorandum (LCM) is to establish a consistent statewide procedure for assigning child protective services (CPS) intake reports that are sensitive. This will enable the New York Statewide Central Register of Child Abuse and Maltreatment (SCR) to transmit sensitive reports to local departments of social services (LDSS) and CPS in a timely manner, protect the security of sensitive information, and avoid possible conflicts of interest.
17-OCFS-LCM-07 SFY 2017-18 Enhanced Child Protective Services (CPS) Funds: The purpose of this Local Commissioners Memorandum (LCM) is to advise local social services districts (districts) of the availability of $758,000 of Local Assistance General Funds in the State Fiscal Year (SFY) 2017-18 Enacted Budget for the improvement of child protective services staff-to-client ratios. This LCM also provides information on each district’s allocation, the allocation methodology, how districts may use the funds, and planning and claiming requirements.
17-OCFS-LCM-03 Amendments to the Federal Child Abuse Prevention and Treatment Act by the Federal Comprehensive Addiction and Recovery Act of 2016 and Corresponding State Requirements: The purpose of this Local Commissioners Memorandum (LCM) is to inform local departments of social services (LDSSs) of the amendments made to the Child Abuse Prevention and Treatment Act (CAPTA) by the Comprehensive Addiction and Recovery Act of 2016 (CARA) [Public Law 114-198]. The amendments relate to the needs of infants born and identified as being affected by prenatal substance and alcohol exposure. This LCM also serves to remind LDSSs of the procedures already in place that constitute New York State’s compliance with the CAPTA amendments.
17-OCFS-LCM-02 After-Hours Transmission Procedure for Reports of Suspected Child Abuse and Maltreatment Registered by the New York Statewide Central Register of Child Abuse and Maltreatment: The purpose of this Local Commissioners Memorandum is to alert local commissioners that the New York Statewide Central Register of Child Abuse and Maltreatment (SCR) will no longer verbally transmit reports of suspected child abuse or maltreatment after hours but will only support the electronic transmission of such reports.

2016

16-OCFS-ADM-13 Requirements Relating to CPS Reports Involving Foster Parents

The purpose of this Administrative Directive (ADM) is to remind local departments of social services (LDSSs) and voluntary authorized agencies (VAs) of existing regulatory and policy requirements relating to reports of suspected child abuse or maltreatment involving certified or approved foster parents. The ADM also addresses other current regulatory and policy requirements that assist in the prevention of abuse or maltreatment of foster children in such placements. The requirements reflected in this ADM are intended to support coordination and cooperation among the LDSSs and VAs administering foster care and child protective services (CPS) programs with the goal of enhancing the safety and well-being of foster children placed in certified or approved foster homes.

16-OCFS-ADM-11 Amended Code of Conduct for Use by Facility and Provider Agencies under the Jurisdiction of the Justice Center for the Protection of People with Special Needs

The purpose of this Administrative Directive (ADM) is to inform affected programs and facilities of changes to the Code of Conduct for custodians issued by the Justice Center for the Protection of People with Special Needs (Justice Center).

16-OCFS-ADM-07 Sharing Child Protective Services Information with Law Enforcement When a Child Is Missing

The purpose of this Administrative Directive is to convey to local social services districts (local districts) the provisions of Chapter 436 of the Laws of 2015 as amended by Chapter 13 of the Laws of 2016. These chapters revise the New York State Social Services Law (SSL) in relation to sharing information in child protective services reports with law enforcement during a situation in which a child is missing.

16-OCFS-INF-09 Expansion of Severe or Repeated Abuse Findings and of the Statewide Automated Registry of Orders of Protection and Warrants

The purpose of this informational letter is to explain the impact of the amendments made to the Family Court Act (FCA) and Executive Law by Chapter 492 of the Laws of 2015, which became effective February 18, 2016. The changes authorize family courts to issue findings of severe or repeated abuse against non-parents in child abuse and neglect proceedings brought pursuant to Article 10 of the FCA. They also require that certain orders of protection issued in child abuse cases be maintained in the statewide computerized system for orders of protection and warrants of arrest.

16-OCFS-LCM-06 SFY 2016-17 Enhanced Child Protective Services (CPS) Funds

The purpose of this Local Commissioners Memorandum (LCM) is to advise local social services districts (districts) of the availability of $758,000 of Local Assistance General Funds in the State Fiscal Year (SFY) 2016-17 Enacted Budget for the improvement of child protective services staff-to-client ratios. This LCM also provides information on each district’s allocation, the allocation methodology, how districts may use the funds, and planning and claiming requirements.

16-OCFS-LCM-05 Phillips v. Orange County – Considerations for Child Protective Services Investigations

The purpose of this Local Commissioners Memorandum (LCM) is to discuss an oral order issued by the United States District Court for the Southern District of New York on August 19, 2015 pertaining to Phillips et al. v. County of Orange, et al. (“Phillips”). The order granted a motion by the plaintiffs for summary judgment and held that, in this case, the county engaged in an unconstitutional seizure of a child when the child was questioned in a public school as part of a child protective services (“CPS”) investigation.

This LCM clarifies the position of the Office of Children and Family Services (OCFS) that this order pertains only to Orange County and should not change other local social services districts’ (districts) procedures or protocols.

2015

15-OCFS-ADM-17 Patient Protection and Affordable Care Act and Medicaid to Age 26: The purpose of this Administrative Directive (ADM) is to inform local departments of social services (LDSSs), including the St. Regis Mohawk Tribe, and voluntary authorized agencies (VAs) of changes pertaining to requirements for Medical Assistance (Medicaid) eligibility under the federal Patient Protection and Affordable Care Act (ACA) [P.L. 111- 148] for youth and young adults formerly in foster care who are under the age of 26 years and the continuing option to provide Medicaid to age 21, under the Foster Care Independence Act (FCIA) of 1999 [P.L. 106-169], for those youth and young adults who are at least 18 years of age or older at the time of discharge from care and who were not in receipt of Medicaid at that time.
15-OCFS-ADM-10 Sharing of Investigation Information by Child Protective Services and the Office of Children and Family Services, Division of Child Care Services: The purpose of this Administrative Directive (ADM) is to provide direction to local social services districts (local districts) and agencies that license or register child day care providers regarding their responsibilities for sharing information with each other.
15-OCFS-LCM-01 Funding for Co-location/Collaboration of Behavioral Health and Child Protective Services: The purpose of this Local Commissioners Memorandum (LCM) is to inform local social services districts of the availability of $1.2 million in federal Child Abuse Prevention and Treatment Act (CAPTA) funds for child protective services and behavioral health partnerships.

2013

13-OCFS-INF-05 Protection of People with Special Needs Act and the Formation of the Justice Center and the Vulnerable Persons Central Register: The purpose of the Informational Letter is to inform local social services districts and other agencies about the Protection of People with Special Needs Act, Chapter Law 501 of the Laws of 2012.

2012

12-OCFS-INF-07 Changes in the Abandoned Infant Protection Act: The purpose of this Informational Letter (INF) is to inform local social services districts and other agencies about important changes to the Abandoned Infant Protection Act (AIPA) that were enacted into law through Chapter 447 of the Laws of 2010.
12-OCFS-INF-01 Sharing of Confidential Client-identifiable Information Between Child Protective Services (CPS) and Protective Services for Adults (PSA): The purpose of this release is to provide guidance to local departments of social services (LDSS) as to permissible means for the sharing of client-identifiable information between Child Protective Services (CPS) and Protective Services for Adults (PSA) units of an LDSS.

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