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Publications
- LGBTQ Sexual Orientation Series Booklet
- From Youth in Progress' "Need to Know" series for youth in care.
- Health Services for Children in Foster Care
- This PDF specifies the needs of, and services that should be provided to, LGBT children and youth in foster care. (Please see pages 13 to 16.)
Policies
Administrative Directives
- 21-OCFS-ADM-05
Regulatory Changes and Standards of Care for Youth in Congregate Care Settings -
The purpose of this Administrative Directive (ADM) is to provide guidance on recent regulatory changes in conjunction with the creation of policy-based standards of care that will continue to promote and maintain the health, safety and well-being of all youth placed in all congregate care settings that are licensed by the New York State Office of Children and Family Services (OCFS), including those operated by voluntary foster care agencies and local departments of social services (LDSS). To accompany the regulatory changes described herein, specifically the development of mandated policies, OCFS is providing sample policies that comport with the regulations. This ADM is also to inform congregate care programs of future incident reporting requirements.
- 21-OCFS-ADM-05 Attachment A Sample Policy: Behavior Management and Use of Physical Interventions
- 21-OCFS-ADM-05 Attachment B Sample Policy: Continuous Quality Improvement
- 21-OCFS-ADM-05 Attachment C Sample Policy: Behavioral Health Services
- 21-OCFS-ADM-05 Attachment D Sample Policy: Youth Property
- 21-OCFS-ADM-05 Attachment E Sample Policy: Lesbian, Gay, Bisexual, Transgender, and Questioning Youth/Clients
- 20-OCFS-ADM-03
Runaway and Homeless Youth Provider Training on Lesbian, Gay, Bisexual, Transgender, Questioning, and Queer Cultural Competency -
The purpose of this Administrative Directive (ADM) is to inform local departments of social services (LDSSs) of Chapter 579 of the Laws of 2019, which amends Social Services Law (SSL) § 473-d by eliminating redundant and unnecessary reporting requirements and reduces the number of required annual assessments for clients of a community guardianship program.
- 09-OCFS-ADM-07
NYS OCFS Administrative Directive, Recognition of Legal Same-Sex Marriages -
Informs local districts, voluntary agencies and other providers of the implications of the Supreme Court decision that legally-performed same-sex marriages are "entitled to recognition in New York in the absence of express legislation to the contrary" (Martinez, 50 A.D.3d at 193).This includes, among other items, extension of benefits by Civil Service to eligible NY employees' spouses, rewording of forms, the need for adoption statutes to include gender non-specific wording such as spouse or couples rather than husband or wife, and certification and approval of interested same-sex couples as foster parents.
Informational Letters
- 21-OCFS-INF-06
Introduction of the LGBTQ+ Community Practice Model -
The purpose of this informational letter (INF) is to introduce to the New York State Office of Children and Family Services (OCFS) overseen and regulated community the LGBTQ+ Community Practice Model. The LGBTQ+ Community Practice Model was designed by OCFS to establish a consistent and affirming approach when engaging members of the lesbian, gay, bisexual, queer (LGBQ) and/or transgender, gender nonconforming, nonbinary (TGNC) community (LGBTQ+) across OCFS programming, policy, and practice in New York State. Additionally, a SOGIE Terms, Concepts, and Definitions document has been developed to accompany the practice model.
- 21-OCFS-INF-06 Attachment A LGBTQ+ Community Practice Model
- 21-OCFS-INF-06 Attachment B SOGIE Terms, Concepts, and Definitions Terms, Concepts, and Definitions
- 20-OCFS-INF-10
Child Welfare League of America and Lambda Legal Toolkit: Getting Down to Basics: Tools to Support LGBTQ Youth in Care -
The purpose of this Informational Letter (INF) is to inform local departments of social services (LDSSs), voluntary authorized agencies (VAs), detention providers, and youth bureaus of the availability of resources for improving practice and outcomes for lesbian, gay, bisexual, transgender, queer, questioning (LGBTQ), transgender and gender nonconforming (TGNC) youth and young adults. These resources include prior guidance from the New York State Office of Children and Family Services (OCFS) and the toolkit Getting Down to Basics: Tools to Support LGBTQ Youth in Care, which was developed in partnership with the Child Welfare League of America (CWLA) and Lambda Legal.
- 13-OCFS-INF-01
NYS OCFS Informational Letter: Garrett Lee Smith Youth Suicide Prevention Act and Building Competent Communities for Youth Suicide Prevention. -
The purpose of the Informational Letter is to inform local social services districts and other agencies about the Garrett Lee Smith Youth Suicide Prevention Act Grant awarded in 2011 to the New York State Office of Mental Health (OMH). It is provided through the federal Substance Abuse and Mental Health Services Administration (SAMHSA). The three-year grant is designed to build capacity in child-caring systems, Latina youth services organizations, and selected counties to increase detection of youth suicide risk, prevent suicide attempts and deaths, and respond to suicide events effectively. The development of competent communities, via the grant, seeks to enhance recognition of signs of suicide and provide effective screening, assessment, safety planning, treatment, referral and follow-up for youth at risk of suicide.
- 11-OCFS-INF-05
NYS OCFS Informational Letter: 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-01
NYS OCFS Informational Letter: Adoption by Two Unmarried Adult Intimate Partners -
This states that regardless of sexual orientation, two unmarried adults in a committed relationship may adopt another person, subject to the laws and policies that govern all adoptive relationships.
- 09-OCFS-INF-06
NYC OCFS Informational Letter: Promoting a Safe and Respectful Environment -
For Lesbian, Gay, Bisexual, Transgender, and Questioning Children and Youth in Out-of-Home Placement.
Regulations
- OCFS Standards of Practice for Adoption Services
- OCFS Preventative Services Regulations
- OCFS Nondiscriminatory Statement
- OCFS General Requirements for Runaway and Homeless Youth Crisis Services Programs
- OCFS Residential Programs for Victims of Domestic Violence
- OCFS Regulations 9CRR-NY 8.177/Executive Order No. 177: Prohibiting State Contracts with Entities that Support Discrimination

New York State Laws
- The Dignity for All Students Act
- Seeks to provide the State’s public elementary and secondary school students with a safe and supportive environment free from discrimination, intimidation, taunting, harassment, and bullying on school property, a school bus and/or at a school function.
- The Marriage Equality Act
- Allows for same-sex marriage in New York State.
- Ban on Conversion Therapy in New York State
- Designates as professional misconduct, engaging in sexual orientation change efforts by mental health care professionals upon patients under 18 years of age.
- Sexual Orientation Non-Discrimination Act (SONDA)
- Offers protection for LGB persons from discrimination in employment, housing, credit, education and public accommodation based on real or perceived sexual orientation.
- Gender Expression Non-Discrimination Act (GENDA)
- Offers protection for transgender, gender nonconforming and nonbinary persons from discrimination in employment, housing, credit, education and public accommodation based on real or perceived gender identity or expression.
- Spousal Eligibility - Revised New York State Health Insurance Program Policy (internal only)
- NYS employees can elect coverage for a legally married spouse, regardless of the sexual orientations of the couple.
Federal Laws
- Administration for Children and Families (ACF): Lesbian, Gay, Bisexual, Transgender and Questioning Youth in Foster Care
- Every child and youth who is unable to live with his or her parents is entitled to a safe, loving and affirming foster care placement, irrespective of the young person’s sexual orientation, gender identity or gender expression
- Matthew Shepard & James Byrd Jr. Hate Crimes Prevention Act of 2009
- Provides funding and technical assistance to state, local, and tribal jurisdictions to help them to more effectively investigate and prosecute hate crimes.
- United States v. Windsor
- The U.S. Supreme Court struck down the Defense of Marriage Act (DOMA) in June 2013. Same-sex couples legally married in New York State and elsewhere deserve the same rights and benefits under federal law as all other married couples.