N.Y. Social Services Law § 409-e: Family service plan

§ 409-e. Family service plan. 1. With respect to each child who is

identified by a local social services district as being considered for

placement in foster care as defined in section one thousand eighty-seven

of the family court act by a social services district, such district,

within thirty days from the date of such identification, shall perform

an assessment of the child and his or her family circumstances. Where a

child has been removed from his or her home, within thirty days of such

removal the local social services district shall perform an assessment

of the child and his or her family circumstances, or update any

assessment performed when the child was considered for placement. Any

assessment shall be in accordance with such uniform procedures and

criteria as the office of children and family services shall by

regulation prescribe. Such assessment shall include the following:

(a) a statement of the specific immediate problems which appear to

require some intervention by the social services officials;

(b) a description of the long term family relationships, an assessment

of trends in the stability of the family unit, and of the likelihood

that specific preventive services will increase family stabilization

sufficiently to prevent placement or to reduce the duration of a

necessary placement;

(c) an estimate of the time period necessary to ameliorate the

conditions leading to a need for placement, and a description of any

immediate actions that have been taken or must be taken during or

immediately after the conclusion of the assessment; and

(d) where placement in foster care is determined necessary, the

reasonable efforts made to prevent or eliminate the need for placement

or the reason such efforts were not made, the kind and level of

placement and the reasons therefor, whether the child will be placed

with the child's siblings and half-siblings and, if not, the reasons

therefor and the arrangements made for contact between the siblings and

half-siblings, identification of all available placement alternatives

and the specific reasons why they were rejected, an estimate of the

anticipated duration of placement, and plan for termination of services

under appropriate circumstances, with specific explanation of the

reasons for such termination plan.

2. Upon completion of any assessment provided for in subdivision one

of this section, and not later than thirty days after placement of a

child in foster care pursuant to article three or seven of the family

court act or not later than thirty days after a child is removed from

his or her home, the local social services district shall establish or

update and maintain a family service plan based on the assessment

required by subdivision one of this section. The plan shall be prepared

in consultation with the child's parent or guardian, unless such person

is unavailable or unwilling to participate, or such participation would

be harmful to the child, and with the child if the child is ten years of

age or older, and, where appropriate, with the child's siblings. Such

consultation shall be done in person, unless such a meeting is

impracticable or would be harmful to the child. If it is impracticable

to hold such consultation in person, such consultation may be done

through the use of technology, including but not limited to,

videoconferencing and teleconference technology. If the parent is

incarcerated or residing in a residential drug treatment facility, the

plan shall reflect the special circumstances and needs of the child and

the family. The plan shall include at least the following:

(a) time frames for periodic reassessment of the care and maintenance

needs of each child and the manner in which such reassessments are to be

accomplished;

(b) short term, intermediate and long range goals for the child and

family and actions planned to meet the need of the child and family and

each goal;

(c) identification of necessary and appropriate services and

assistance to the child and members of the child's family. The services

so identified shall, before being included in the family service plan,

be assessed to determine the projected effectiveness of such plan

including but not limited to the following considerations:

(i) the family's concurrence with the plan;

(ii) the ability and motivation of the family to access services,

including geographic accessibility;

(iii) the relatedness of the services to the family's needs and its

socio-economic and cultural circumstances; and

(iv) other factors which may impact upon the effectiveness of such

plan. The service plan shall also describe the availability of such

services and the manner in which they are to be provided;

(d) any alternative plans for services where specific services are not

available, and any viable options for services considered during the

planning process;

(e) where placement in foster care is determined necessary,

specification of the reasons for such determination, the kind and level

of placement, any available placement alternatives, an estimate of the

anticipated duration of placement, and plan for termination of services

under appropriate circumstances.

3. The plan shall be reviewed and revised, in accordance with the

procedures and standards in subdivision two of this section, at least

within the first ninety days following the date the child was first

considered for placement in foster care, and, if the child has been

placed in foster care pursuant to article three or seven of the family

court act or removed from his or her home, within the first ninety days

following the date of placement or removal. The plan shall be further

reviewed and revised not later than one hundred twenty days from this

initial review and at least every six months thereafter; provided,

however, that if a sibling or half-sibling of the child has previously

been considered for placement or removed from the home, the plan shall

be further reviewed and revised on the schedule established for the

family based on the earliest of those events. Such revisions shall

indicate the types, dates and sources of services that have actually

been provided and an evaluation of the efficacy of such services, and

any necessary or desirable revisions in goals or planned services. The

review and revision of the plan shall be prepared in consultation with

the child's parent or guardian, unless such person is unavailable or

unwilling to participate, or such participation would be harmful to the

child, and with the child if the child is ten years of age or older,

and, where appropriate, with the child's siblings. Such consultation

shall be done in person, unless such a meeting is impracticable or would

be harmful to the child. If it is impracticable to hold such

consultation in person, such consultation may be done through the use of

technology, including but not limited to, videoconferencing and

teleconference technology.

4. In accordance with regulations of the department, relevant portions

of the assessment of the child and family circumstances, including but

not limited to the material described in paragraph (d) of subdivision

one of this section, and a complete copy of the family service plan,

established pursuant to subdivisions one and two, respectively, of this

section shall be given to the child's parent or guardian, counsel for

such parent or guardian, and the child's attorney, if any, within ten

days of preparation of any such plan.

5. The family service plan developed in regard to a child in foster

care pursuant to this section shall include the permanency plan provided

to the court in accordance with the family court act and this chapter.

6. Nothing in this section shall require a social services district to

complete an assessment or service plan for a child who is in the custody

of the office of children and family services, unless the child is also

in the care and custody or custody and guardianship of the commissioner

of the social services district.