Permanency Policies

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Adoption

Administrative Directives

23-OCFS-ADM-19 Updates to the Putative Father Registry

The purpose of this Administrative Directive (ADM) is to notify local departments of social services (LDSSs) and voluntary authorized agencies (VAs) of the provisions of Chapter 56 of the Laws of 2020 that broaden the scope of information recorded in the Putative Father Registry, and of the provisions of Chapter 828 of the Laws of 2022 that expand the categories of unmarried parents whose consent to the adoption of a child in foster care is required, and changes to the notification and collection of information provisions with respect to certain child welfare proceedings.

22-OCFS-ADM-17 Translation and Notification of Available Post-Adoption Services

The purpose of this Administrative Directive (ADM) is to notify local departments of social services (LDSSs) of the requirement to place information of available post-adoption services funded by an LDSS on the respective LDSS website. The post-adoption information on the LDSS website must be available in English, French, Polish and the 10 most common non-English languages spoken by individuals with limited English proficiency in New York State. Additionally, authorized agencies (LDSSs and voluntary authorized agencies) must notify a foster parent who has expressed interest in adopting a child in foster care of website listings of post-adoption services for which a child in foster care may be eligible upon the child’s adoption from foster care.

21-OCFS-ADM-13 Adoption-Only Home Study Forms

The purpose of this Administrative Directive (ADM) is to release a set of new standardized forms that must be used for the adoption home study process for the approval of prospective adoptive parent(s) who are not also seeking certification or approval as foster parent(s). These new templates provide a standardized, statewide approach to an adoption home study process. This ADM also reminds local departments of social services (LDSSs) and voluntary authorized agencies (VAs) of the regulatory requirements regarding approving adoptive applicants. This includes any agency authorized by the New York State Office of Children and Family Services (OCFS) to provide adoption services in New York State. This release replaces 20-OCFS-ADM-15.

Adoption-Only Home Study Forms FAQ for 21-OCFS-ADM-13 (updated 7/5/23)

21-OCFS-ADM-11 Adoptee's Right to Original Birth Certificate

The purpose of this Administrative Directive (ADM) is to inform local departments of social services (LDSSs) and voluntary authorized agencies (VAs) providing adoption services of the provisions outlined in section 4138-e of the Public Health Law (PHL), as added by Chapter 491 of the Laws of 2019. These provisions afford an adopted person born or adopted in New York State (NYS), 18 years of age or older, and other specified persons, the right to secure a certified copy of the adult adoptee's original long-form birth certificate. When it is impossible for designated officials to provide a certified copy of the original long-form birth certificate, the adult adoptee is entitled to the information that would otherwise appear on the adult adoptee's original long-form birth certificate. This ADM contains guidance on the request process the adult adoptee or other specified person must initiate and how a LDSS or VA must respond to such request.

Attachment A for 21-OCFS-ADM-11 – OCFS-5400 – Adult Adoptee Birth Certificate Request for Information

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.

18-OCFS-ADM-23 New Brochure: Know Your Resources: Non-Parent Caregiver Benefits and New Requirements for Distributing Publications

The purpose of this Administrative Directive (ADM) is to notify local departments of social services (LDSSs) and voluntary agencies (VAs) of revised requirements for providing publications to potential and current caregivers of children removed from their homes. This ADM also introduces a new brochure that provides information to non-parent caregivers (NPCs) who are caring for children outside of the foster care system about benefits for which they may be eligible.

18-OCFS-ADM-07-R2 Foster/Adoptive Home Certification or Approval Process

The purpose of this Administrative Directive (ADM) is to release and outline the new tools that must be used to support the foster/adoptive home certification and approval process. In New York State, an applicant(s) can be certified or approved as a foster parent. An applicant(s) may also be a concurrently certified or approved foster parent and an approved adoptive parent. For purposes of this ADM the term “foster home” and “foster parent” refers to both options. This ADM also reminds local departments of social services (LDSSs) and voluntary authorized agencies (VAs) of the regulatory requirements regarding certifying and approving foster homes.

17-OCFS-ADM-05 Use of the Foster and Adoptive Home Development (FAD) Stage in CONNECTIONS

The purpose of this Administrative Directive (ADM) is to mandate local departments of social services (LDSSs) and voluntary authorized agencies (VAs) to record vital information regarding the initial certification or approval, and the annual renewal or reauthorization of foster homes in specific sections of the Foster and Adoptive Home Development (FAD) stage in CONNECTIONS. This information must also be maintained in the external foster home case record. This release also reflects the requirement that LDSSs and VAs review at the time of the initial application for certification or approval information available in CONNECTIONS to determine whether prospective foster parents have previously held a certificate or letter of approval as a foster parent and whether such certificate or letter of approval was revoked, not renewed, or a foster child was removed from the foster home for health or safety reasons.

16-OCFS-ADM-02 Regulations Prohibiting Discrimination and Harassment in Child Welfare and Youth Programs

The purpose of this Administrative Directive (ADM) is to advise local departments of social services (LDSSs) and voluntary authorized agencies (VAs) of provisions in 9 NYCRR §§ 180.5(a)(6), 182-1.5(g)(1) and 182-2.5(g)(1), and in 18 NYCRR §§ 421.3(d), 423.4(m)(7), 441.19(d) and 441.24, several of which became effective on November 6, 2013. These regulations prohibit discrimination and harassment by LDSS and VA staff, volunteers, and certified or approved foster parents against applicants for adoption services, families receiving preventive services, prospective foster parents, foster parents and foster children, youth in runaway and homeless youth (RHY) programs, and youth in detention on the basis of race, creed, color, national origin, age, sex, sexual orientation, gender identity or expression, marital status, religion, or disability, in order to promote and maintain a safe environment for children, youth, and families that the Office of Children and Family Services (OCFS) serves.

15-OCFS-ADM-05 Multiethnic Placement Act of 1994 as Amended by the Interethnic Adoption Provisions of 1996

The purpose of this Administrative Directive (ADM) is to provide local departments of social services (LDSSs) and voluntary authorized agencies (VAs) information on the requirements of the Multiethnic Placement Act of 1994 (MEPA), as amended by the Interethnic Adoption Provisions (IEP) of The Small Business Job Protection Act of 1996.

14-OCFS-ADM-01 Termination of Notification of Subsequent Arrests in Closed Foster and Adoptive Homes

The purpose of this Administrative Directive is to set forth the process that must be used by social services districts and voluntary authorized agencies to notify the Criminal History Review Unit (CHRU) of the Office of Children and Family Services (OCFS) when:

An application for certification or approval of a prospective foster parent or a prospective adoptive parent has been withdrawn or denied after a criminal history record check has been completed by OCFS;
A foster home is closed and the foster parents in such foster home are no longer certified or approved; or
A person who was an approved adoptive parent is no longer approved by the authorized agency.

Timely notification of OCFS by the authorized agency is necessary to prevent the unauthorized release of criminal history information and to support compliance with applicable statutory and regulatory standards relating to criminal history record checks.

14-OCFS-ADM-03 Adoption Assistance and Federal Reporting Requirements as it Pertains to Delinking

The purpose of this Administrative Directive is to notify local departments of social services of the requirement to identify children who have been determined eligible and in receipt of Title IV-E adoption assistance based on the federal expansion of Title IV-E adoption assistance, often referred to as “delinking,” and the requirement for the Office of Children and Family Services (OCFS) to report to the federal government on reinvestment of savings based on delinking.

13-OCFS-ADM-05 Notification to Prospective Adoptive Families of the Federal Adoption Tax Credit

The purpose of this Administrative Directive (ADM) is to notify local departments of social services (LDSS) and voluntary authorized agencies of the changes in the adoption tax credit enacted by the federal American Taxpayer Relief Act of 2012 (Public Law 112-240), which was signed into law on January 2, 2013. This Act made the adoption tax credit permanent.

11-OCFS-ADM-04 Religious Designation of a Foster Child and a Child Being Placed for Adoption

The purpose of this Administrative Directive (ADM) is to remind social services districts and voluntary authorized agencies of their legal and programmatic obligations in regard to the religious designation of a child in making foster care and adoptive placements. This directive will also address the use of an Office of Children and Family Services (OCFS) form for the purpose of obtaining the religious wishes of parents when their child is being placed in foster care or for adoption.

Informational Letters

23-OCFS-INF-05 New York State Court of Appeals Decision on Applicability of the ICPC on Parent Placements: The purpose of this Informational Letter (INF) is to inform local departments of social services (LDSSs) and voluntary authorized agencies (VAs) of the opinion issued on October 25, 2022, by the New York State Court of Appeals (Court of Appeals) about the applicability of the Interstate Compact on the Placement of Children (ICPC) to placements of children with their parents. It was the opinion of the Court of Appeals that the ICPC is not applicable to such placements.
15-OCFS-INF-01 Re-homing of Children: The purpose of this Informational Letter (INF) is to define and provide information to local departments of social services (LDSSs) and Voluntary Authorized Agencies (VAs) on the re-homing of children to non-relatives and how it intersects with child welfare. In addition, this INF makes recommendations on how to prevent re-homing and provides suggested steps when a re-homing case is identified.
12-OCFS-INF-06 Termination of Parental Rights’ Effect on Continuing Contact of Birth Parent and Child: The purpose of this Informational Letter (INF) is to provide information to local departments of social services (LDSS) and voluntary authorized agencies regarding a recent NYS Court of Appeals decision in the Matter of Hailey ZZ (official citation not yet available). The Court of Appeals ruled that the family court may not order continuing contact between a parent and a child once the parent’s rights have been involuntarily terminated pursuant to Social Services Law (SSL) §384-b.
11-OCFS-INF-05 Clarification of Adoption Study Criteria Related to Length of Marriage and Sexual Orientation: The purpose of this Informational Letter (INF) is to provide clarification to local departments of social services (LDSS) and voluntary authorized agencies regarding 18 NYCRR 421.16 (e) and (h) in relation to length of marriage and sexual orientation as adoption study criteria.
11-OCFS-INF-02 Restoration of Parental Rights: The purpose of this Informational Letter (INF) is to provide information to local departments of social services (LDSS) and voluntary authorized agencies regarding Chapter 343 of the Laws of 2010, which amends the Family Court Act (FCA) and Social Services Law (SSL) in relation to restoration of parental rights. This law, which went into effect on November 11, 2010, authorizes the Family Court, in narrowly defined circumstances, to restore a birth parent’s parental rights after they have been terminated.
11-OCFS-INF-01 Adoption by Two Unmarried Adult Intimate Partners: The purpose of this Informational Letter (INF) is to provide information to local departments of social services (LDSS) and voluntary authorized agencies regarding Chapter 509 of the Laws of 2010, which, consistent with current case law, amended section 110 of the Domestic Relations Law (DRL) in relation to expressly authorizing two unmarried adult intimate partners to adopt a child together.

Local Commissioners Memoranda

23-OCFS-LCM-04-R2 FFY 2023 Title IV Awards

The purpose of this Local Commissioners Memorandum (LCM) is to inform local departments of social services (LDSSs) of the Title IV (United States Code §§601-687, Subchapter IV, Chapter 7, Title 42) awards that have been received to date for federal fiscal year (FFY) 2023. This LCM provides notification of FFY 2023 Title IV grant awards.

22-OCFS-LCM-01 FFY 2022 Title IV Awards

21-OCFS-LCM-27 FFY 2021 Title IV Awards

21-OCFS-LCM-25 FFY 2020 Title IV Awards

21-OCFS-LCM-10 FFY 2021 Title IV Awards

21-OCFS-LCM-09 FFY 2020 Title IV Awards

21-OCFS-LCM-04 FFY 2020 Title IV Awards

21-OCFS-LCM-03 FFY 2021 Title IV Awards

20-OCFS-LCM-17 FFY 2019 Title IV Awards

20-OCFS-LCM-05 State Fiscal Year 2019-2020 Title IV Awards

The purpose of this Local Commissioners Memorandum (LCM) is to inform local departments of social services (LDSSs) of the Title IV (United States Code §§601-687, Subchapter IV, Chapter 7, Title 42) awards they have received during State Fiscal Year (SFY) 2019-2020.

19-OCFS-LCM-20 Eligibility Case File Maintenance

The purpose of this Local Commissioners Memorandum (LCM) is to notify local departments of social services (LDSSs) of the requirement to maintain separate eligibility files related to each child for whom the LDSS is claiming federal and/or state reimbursement. Some children will be eligible for multiple programs. The eligibility files must meet all state and federal requirements and be readily accessible, in case of monitoring or auditing by state and/or federal officials. LDSSs must review and update their Title IV-E eligibility determination procedures and continue necessary activities to maintain and improve Title IV-E compliance. Eligibility checklists are used to determine a child’s eligibility for specific programs based on appropriate funding sources. The checklists determine whether a child is Title IV-E eligible or if the child is not Title-IVE eligible.

16-OCFS-LCM-02 Changes Impacting Adoption Assistance Payments

The purpose of the Local Commissioners Memorandum is to inform local departments of social services (LDSSs) of policy changes regarding the administration of the adoption subsidy program, in particular concerning the failure by the adoptive parent(s) to provide any support to the adopted child, annual certifications, recovery of overpayments and termination/suspension of adoption subsidy payments.

09-OCFS-LCM-12 Highlights of Changes in Adoption Assistance Eligibility

The purpose of this Local Commissioners Memorandum (LCM) is to advise social service district staff of the newly revised Chapter 1B of the Eligibility Manual for Child Welfare Programs pertaining to Title IV-E Adoption Assistance Eligibility, State Adoption Subsidy, and Medical Assistance (MA) eligibility for those cases. As a result of these changes, the associated Checklist (LDSS 3912) for determining eligibility for Title IV-E Adoption Assistance, State Adoption Subsidy and MA has also been revised, effective October 1, 2009. This LCM contains highlights of the chapter and checklist changes.

Kinship/Kinship Guardianship Assistance Program (KinGAP)

Administrative Directives

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.

18-OCFS-ADM-23 New Brochure: Know Your Resources: Non-Parent Caregiver Benefits and New Requirements for Distributing Publications

18-OCFS-ADM-06 Eligibility Forms for the Kinship Guardianship Assistance Program (KinGAP)

The purpose of this Administrative Directive (ADM) is to notify local departments of social services (LDSSs) and voluntary authorized agencies (VAs) of the release of updated eligibility forms necessary to execute a Kinship Guardianship Assistance Program (KinGAP) agreement.

18-OCFS-ADM-03 Expansion of the Kinship Guardianship Assistance Program (KinGAP) – Revised

The purpose of this Administrative Directive (ADM) is to advise local departments of social services (LDSSs) and voluntary authorized agencies (VAs) of the provisions of Chapter 384 of the Laws of 2017 (Chapter 384). Chapter 384 was signed by the Governor on October 23, 2017. It expands the Kinship Guardianship Assistance Program (KinGAP) related to who may be eligible to receive KinGAP payments, and extends the duration of certain KinGAP payments until the child reaches 21 years of age. The changes made by Chapter 384 are referred to as “KinGAP Expansion.” With this ADM, the New York State Office of Children and Family Service (OCFS) is also releasing updated forms, an updated version of the publication titled Know Your Permanency Options: The Kinship Guardianship Assistance Program (Pub-5108, in English and Spanish), and new and updated model notification letters. This ADM has been revised to incorporate feedback OCFS has received requesting additional clarification. For ease, the revisions are noted in purple and can be found in Sections III, IV and V, as well as contained as new links above.

16-OCFS-ADM-10 Continuation of the Kinship Guardianship Assistance Program (KinGAP) to a Successor Guardian

The purpose of this New York State Office of Children and Family Services (OCFS) Administrative Directive (ADM) is to provide an update to the information that was provided in 15-OCFS-ADM-15 to address the implementation of a provision enacted by the federal Preventing Sex Trafficking and Strengthening Families Act (the Act) [P.L.113-183]. This provision relates to the continuation of Kinship Guardianship Assistance Program (KinGAP) payments to a successor guardian if the original KinGAP relative guardian receiving KinGAP payments dies or is incapacitated. Implementation of this provision is necessary for New York State to continue to maintain a compliant Title IV-E State Plan, which is a condition for New York State and a local department of social services (LDSS) to receive federal funding for foster care, adoption assistance and KinGAP payments.

With the issuance of this policy, the previous policy 15-OCFS-ADM-15 is canceled and this ADM replaces it. This revised policy directive reflects recent New York statutory changes (Part M of Chapter 54 of the Laws of 2016) regarding the eligibility of successor guardians to receive reimbursement for non-recurring guardianship expenses.

This release only addresses the KinGAP continuation to a successor guardian provision of the Act. Other policy releases will address other requirements of the Act.

15-OCFS-ADM-15 Continuation of the Kinship Guardianship Assistance Program (KinGAP) to a Successor Guardian

11-OCFS-ADM-12 New Reporting Requirement for Direct Custodial Placements of Children With Relatives Through Article 10 of the Family Court Act

The Purpose of this Administrative Directive (ADM) is to provide a new reporting requirement to Local Departments of Social Services (LDSSs) regarding children placed directly in the legal custody of a relative through Article 10 of the Family Court Act (FCA). This new information is required as part of the reporting requirements that were added by Part F of Chapter 58 of the Laws of 2010 (Chapter 58), which implemented the Kinship Guardianship Assistance Program (KinGAP).

11-OCFS-ADM-03 Kinship Guardianship Assistance Program (KinGAP)

The purpose of this Administrative Directive (ADM) is to provide comprehensive information and guidance to social services districts and voluntary authorized agencies about the Kinship Guardianship Assistance Program (KinGAP). KinGAP is a new program in New York State which goes into effect on April 1, 2011. It is designed to provide a monthly payment and other benefits to qualified relative guardians of foster children who have been discharged from foster care.

Informational Letters

23-OCFS-INF-08 Updated Kinship Guardianship Assistance Program (KinGAP) Guide: The purpose of this Informational Letter (INF) is to notify local departments of social services (LDSSs) and voluntary authorized agencies (VAs) about the issuance of the revised Kinship Guardianship Assistance Program (KinGAP) Guide [KinGAP Guide] by the New York State Office of Children and Family Services (OCFS). This INF outlines the updates to the KinGAP Guide and includes a link to the KinGAP Guide on the OCFS website.

Local Commissioners Memoranda

14-OCFS-LCM-15 Accurate Reporting of Kinship Foster Care Placements: The purpose of the Local Commissioners Memorandum (LCM) is to provide information to local departments of social services (LDSS) on a new field that must be entered to report kinship (relative) foster care placements in the child welfare reporting system, Child Care Review Service (CCRS).
12-OCFS-LCM-03 Kinship Guardianship Assistance Program Payments - Excludable Income for Child Care Subsidy Program Eligibility: The purpose of this Local Commissioners Memorandum (LCM) is to establish a formal policy regarding the calculation of countable income for families in receipt of Kinship Guardianship Assistance Program (KinGAP) payments and to notify social services districts of this policy.

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Contents

Adoption

Administrative Directives

Informational Letters

Local Commissioners Memoranda

Kinship/Kinship Guardianship Assistance Program (KinGAP)

Administrative Directives

Informational Letters

Local Commissioners Memoranda