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New State policy implements federal supports for youth leaving foster care
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The Office of Chidren and Family Services (OCFS) recently issued new State regulations implementing important provisions of the federal Fostering Connections to Success and Increasing Adoptions Act. The federal law, which went into effect on October 7, 2008, imposes requirements on New York State as a condition for future receipt of federal funding of foster care, adoption assistance and child welfare services under Title IV-B and Title IV-E of the federal Social Security Act.
OCFS issued emergency regulations to implement the requirements of the federal law. An emergency regulation is one that is adopted on an expedited and temporary basis, as opposed to through the normal rule making process involving notice to the public and time for comment. OCFS has issue emergency regulations when it has determined that such deviation from typical regulatory processes:
is necessary for the preservation of the public health, safety or general welfare, and that it would be contrary to the public interest to delay the adoption to comply with the ordinary process for adopting regulatory proposals.
The new OCFS regulations state that whenever a child remains in foster care on or after his/her 18th birthday, the local child welfare agency - Administration for Children's Services (ACS) in NYC - must:
begin developing a transition plan with the child 180 days prior to the child’s eighteenth birthday or 180 days prior to the child’s scheduled discharge date where the child is consenting to remain in foster care after the child’s eighteenth birthday.”
The purpose of the transition plan is to help older foster youth make a successful transition into adulthood and out of foster care. The transition plan must be completed 90 days prior to the scheduled discharge and must include specific options on housing, health insurance, education, local opportunities for mentors, continuing support services, and work force supports and employment services.
OCFS issued State Administrative Directive 09-ADM-16 to advise local child welfare agencies of the new requirements.
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