Preventing Sex Trafficking and Strengthening Families Act Policies

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You are on this page: Preventing Sex Trafficking and Strengthening Families Act Policies

Listed below are the policies that were either directly required by the Act or where there were associated changes as a result of the Act:

Administrative Directives

21-OCFS-ADM-18
Prenatal, Postpartum, Parenting Programs: Qualified Residential Treatment Programs Exception in New York State

The purpose of this Administrative Directive (ADM) is to detail and describe to local departments of social services (LDSSs) and voluntary authorized agencies (VAs) New York State's (NYS) approach to certifying congregate care programs as prenatal, postpartum, parenting (PPP) Qualified Residential Treatment Programs (QRTP) Exceptions. It outlines the framework of a PPP program and details the requirements and process to apply for PPP program certification.

21-OCFS-ADM-04
Qualified Residential Treatment Programs (QRTPs) and QRTP Exceptions in New York State

The purpose of this Administrative Directive (ADM) is to detail and describe New York State’s (NYS) approach to certifying congregate care programs as Qualified Residential Treatment Programs (QRTPs) in order to allow children residing in the programs to remain eligible under Title IV-E of the Social Security Act (Title IV-E). Local Departments of Social Services (LDSSs) will not be able to claim for continued (more than 14 days) Title IV-E reimbursement as of September 29, 2021, for children and youth in foster care placed in congregate care settings on or after this date, unless such setting is a QRTP or a QRTP Exception. This ADM also provides preliminary information and expectations regarding the programs that will qualify as QRTP Exceptions in NYS.

  • OCFS-4992   Qualified Residential Treatment Program (QRTP) Attestation Form
19-OCFS-ADM-11
Sex Trafficking Allegation

The purpose of this Administrative Directive (ADM) is to inform local departments of social services (LDSS) of a new allegation related to child abuse and maltreatment: sex trafficking. This allegation has been added to the list of potential allegations in CONNECTIONS (CONNX); it can be selected as an allegation at the New York Statewide Central Register of Child Abuse and Maltreatment (SCR), or added to an investigation by the LDSS.

15-OCFS-ADM-22
Case Planning for Youth in Foster Care 14 Years of Age or Older

The purpose of this Administrative Directive (ADM) is to address the implementation of provisions of the federal Preventing Sex Trafficking and Strengthening Families Act (the Act) [P.L. 113-183] that focus on case and transition planning for youth in foster care 14 years of age or older.

15-OCFS-ADM-21
Supporting Normative Experiences for Children, Youth, and Young Adults in Foster Care - Applying a Reasonable and Prudent Parent Standard

The purpose of this Administrative Directive (ADM) is to provide information to local departments of social services (LDSSs) and voluntary authorized agencies (VAs) regarding the requirement to implement the reasonable and prudent parent standard (the standard) set forth in the federal Preventing Sex Trafficking and Strengthening Families Act (the Act) [P.L. 113-183]. This ADM includes (1) definitions of the standard, caregiver, and age or developmentally appropriate activities, (2) opportunities for implementing the standard utilizing the Family Assessment Service Plan (FASP) and Service Plan Review (SPR), and (3) considerations for applying the standard, including the issue of caretakerliability.

15-OCFS-ADM-20
Transition Planning with Youth for a Successful Discharge

The purpose of this New York State Office of Children and Family Services (OCFS) Administrative Directive (ADM) is to provide local departments of social services (LDSSs) and voluntary authorized agencies (VAs) with guidance on how to develop and implement a transition plan with all youth to prepare them for a successful adulthood and to discuss the specific transition plan requirements that are required for youth age 18 and older who are exiting foster care. This ADM advises LDSSs and VAs of new requirements contained in the federal Preventing Sex Trafficking and Strengthening Families Act (P.L. 113-183) (the Act) pertaining to providing essential documents to youth who have been in foster care for at least six months and who leave foster care at age 18 or older.

15-OCFS-ADM-19
Planning for a Successful Adulthood - Another Planned Permanent Living Arrangement with a Permanency Resource (APPLA) for Youth 16 Years of Age and Older

The purpose of this Administrative Directive (ADM) is to address the implementation of several provisions of the federal Preventing Sex Trafficking and Strengthening Families Act (the Act) [P.L. 113-183]. This ADM focuses on amending Another Planned Permanent Living Arrangement with a Permanency Resource (APPLA) as a permanency planning goal (PPG) by eliminating APPLA for children in foster care under 16 years of age and adding new criteria to what the state must document and the court must consider at a permanency hearing where APPLA is the requested permanency plan.

15-OCFS-ADM-18
Bill of Rights for Children and Youth in Foster Care

The purpose of this Administrative Directive (ADM) is to notify local departments of social services (LDSSs) and voluntary authorized agencies (VAs) of important changes in federal law and corresponding amendments to state regulations that impact the New York State Bill of Rights for Children and Youth in Foster Care (Bill of Rights) form and the required distribution of the form to youth in foster care who are 14 years of age and older due to enactment of the federal Preventing Sex Trafficking and Strengthening Families Act [the Act] (P.L. 113-183). The state regulatory changes are effective on September 1, 2015. Other policy releases will address additional requirements of the Act.

15-OCFS-ADM-16
Requirements to Identify, Document, Report, and Provide Services to Child Sex Trafficking Victims

The purpose of this New York State Office of Children and Family Services (OCFS) Administrative Directive (ADM) is to provide information to local departments of social services (LDSSs) and voluntary authorized agencies (VAs) on the requirements of the federal Preventing Sex Trafficking and Strengthening Families Act (the Act) [P.L. 113-183] to identify, document, report to law enforcement, and provide appropriate services to children who are sex trafficking victims, or who are at risk of being sex trafficking victims.

15-OCFS-ADM-14
Revised Model Contract for Purchase of Foster Care Services<
15-OCFS-ADM-15
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-02 to address the implementation of a provision recently 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.

The purpose of this Administrative Directive (ADM) is to notify local departments of social services (LDSSs) and voluntary authorized agencies (VAs) of the most recent revisions made to the New York State Office of Children and Family Services (OCFS) model contract for the purchase of foster care services. The revised model contract for the purchase of foster care services outlined in this ADM replaces the model contract issued in 13-OCFS-ADM-08 and cancels that ADM.

15-OCFS-ADM-13
Required Annual Credit Checks for Youth and Young Adults in Foster Care 20 Years of Age and Older

The purpose of this Administrative Directive (ADM) is to advise local departments of social services (LDSSs) and voluntary authorized agencies (VAs) of a change in the federal law that requires states to request consumer reports for youth in foster care who have attained 14 years of age. Prior to the law changing, the age was 16 years. Section 113 of the Preventing Sex Trafficking and Strengthening Families Act (the Act) [P.L.113-183] changed federal law to require that each child in foster care under the responsibility of the State who has attained 14 years of age receive without cost a copy of any consumer report (as defined in section 1681a(d) of Title 15 ) pertaining to the child each year until the child is discharged from care, and receives assistance (including, when feasible, from any court-appointed advocate for the child) in interpreting and resolving any inaccuracies in the report, see (42 U.S.C. § 675 (5) (I)).

15-OCFS-ADM-01
Definition of Siblings and Expansion of the Relative Notification Requirements

The purpose of this Administrative Directive (ADM) is to address implementation of provisions of the recently enacted federal Preventing Sex Trafficking and Strengthening Families Act (P.L.113-183) regarding the appropriate notification of relatives when a child is removed from his or her home. The policy also addresses an associated clarification of the definition of a sibling. Implementation of these provisions is necessary for New York State to continue to maintain a compliant federal Title IV-E State Plan, which is a condition for New York State and Local Departments of Social Services (LDSSs) to receive federal funding for foster care, adoption assistance and the Kinship Guardianship Assistance Program (KinGAP).

Informational Letters:

21-OCFS-INF-08
Supervised Settings as Expanded Placement Options for Older Youth in Foster Care

The purpose of this Informational Letter (INF) is to inform local departments of social services (LDSSs) and voluntary authorized agencies (VAs) of expectations for the forthcoming Supervised Setting Programs (SSPs) that will allow older youth in foster care to live independently. Such settings are Qualified Residential Treatment Program (QRTP) Exceptions (also referred to as specified settings ) under the federal Family First Prevention Services Act (FFPSA); therefore, eligible youth in foster care ages 18-21 residing in such settings may remain in those settings and be eligible for reimbursement under Title IV-E of the Social Security Act (Title IV-E) on and after September 29, 2021. This INF is the first Office of Children and Family Services (OCFS) guidance document that will be released regarding SSPs. OCFS will release an Administrative Directive (ADM) providing further guidance and required actions for LDSSs and VAs to take to apply for and operate SSPs, and to approve or certify supervised settings.

15-OCFS-INF-08
Promoting Awareness and Best Practices to Address Human Trafficking

The purpose of this Informational Letter (INF) from the New York State Office of Children and Family Services (OCFS) is to inform local departments of social services (LDSSs) and Voluntary Authorized Agencies (VAs) and raise awareness regarding the issue of human trafficking, and how it commonly intersects with the work of LDSSs and VAs. In addition, this INF will provide information on the applicable laws addressing the issue of human trafficking, as well as recommendations for best practices pertaining to identification of trafficking victims, prevention services for at-risk populations, services and resources available to victims of trafficking.

15-OCFS-INF-03
Preventing Sex Trafficking and Strengthening Families Act (P.L. 113-183)

The purpose of this Local Commissioners Memorandum (LCM) is to advise local social services districts (districts) of the availability of $757,200 of Local Assistance General Funds in the Fiscal Year (FY) 2016 Enacted Budget for the improvement of child protective services staff-to-client ratios. This LCM also provides information on each social services district’s allocation, the allocation methodology, how districts may use the funds, and planning and claiming requirements.