ICPC State Pages
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About the ICPC
The Association of Administrators of the Interstate Compact on the Placement of Children (AAICPC) was established in 1974 and consists of members from all 50 states, the District of Columbia and the U.S. Virgin Islands. The AAICPC has authority under ICPC to "promulgate rules and regulations to carry out more effectively the terms and provisions of this compact." The AAICPC obtains its Secretariat Services, as an affiliate of the American Public Human Services Association (APHSA).
For more information, please visit the AAICPC website.
Contact the AAICPC
American Public Human Services Association
1133 Nineteenth Street, NW
Suite 400
Washington, DC 20036
(202) 682-0100
fax: (202) 289-6555
Web Manager: Carla Fults [cfults@aphsa.org]
Click on a state to see it's page:
New York
-
Adoption
- Age of Majority
- Appeals
- Border Agreements
- Criminal Background Checks/Abuse and Neglect Registry
- Custody Matters
- NON ICPC - Consultants/Specialists
- Definitions
- Education - Public Education Costs
- Financial Plans, Medicaid, IV-E, Daycare, Payments
- Foster Care
- Home Studies (Adoption/Foster Care/Kinship/Parent/Relative)
- ICPC Processing
- Licensing/Certification/Approval
- Parental Placements
- Relative Placements
- Residential Treatment Centers/Facilities
- Supervision/Reports/Guidelines
- Termination of Parental Rights (TPR)
Compact Administrators
| Compact Administrator Shelley Aubertine-Fiebich, Director |
Deputy Compact Administrator Sharon Jocelyn, Supervisor
|
Consultants
| ICPC Specialist (A-H) James Keeler |
Administrative Assistant (A-L) Deb Herrington
|
| ICPC Specialist (I-Q) Vanessa Badal Denise Coblish Lyndsi Holmes-Wickert Diamond Mercedes Marie Wiley |
Administrative Assistant (M-Z) N/A |
| ICPC Specialist (R-Z) New York accepts new referrals through the National Electronic Interstate Compact Enterprise (NEICE). NEICE states, NY local districts, and NY voluntary agencies submit new referrals through NEICE. Non-NEICE states may mail ONE (1) original referral packet to the above address. |
Mailing Address
| Regular Mailing Address NYS Office of Children and Family Services |
Federal Express Address NYS Office of Children and Family Services |
Useful Telephone Numbers
| Child Abuse Hotline In State: (518) 474-8740 |
Juvenile Compact Office James Maloney |
| Mental Health Compact Office Tel: (518) 474-8933 |
Useful Websites
General Iinformation
Co-Located Compacts - ICPC, ICAMA, ICJ
Adoption
Independent /Private
Independent/Private Adoptive Placements:
New York permits private attorney, private agency and/or independent adoptions
| Adoption Type | Yes/No |
|---|---|
| Private Agency | Yes |
| Private Attorney | No |
| Independent | Yes |
Adoption Statute-Non-Agency; Independent; Private Adoptions:
- SSL Section 374(2);Domestic Relations Law (DRL) Sections 112-114
- DRL Sections 115-116
Public
Public Adoptive Placements-Requirements
Photo-listing [OCFS regulations 18 NYCRR Part 420]; Services to child, birth parent, adoptive parent, home study, and placement [18 NYCRR Part 421]; Finalization [DRL Sections 112-114].
INDEPENDENT / PRIVATE / PUBLIC
The following information applies to independent, private and public adoptions
Adoption Assistance
Adoption assistance payments begins
- At the time the child is placed
Sending State Adoption Subsidy Payments (Guidelines)
no information provided
Special Needs
New York definition of "Special Needs"
For eligibility for adoptions subsidy (handicapped or hard-to-place)[ OCFS regulations 18 NYCRR 421.24(a)(2)&(3)]; For non-recurring adoption expenses [18 NYCRR 421.24(d)(2).
Finalization
Adoption may be finalized in another state:
- Yes
Before finalization can occur in New York, child must be in adoptive placement:
- 3 months
- Other
The period of time the child was in the home as a foster child is applied towards the three month period. In addition, the court may dispense with the three month period. [DRL Section 112(6)]
Statutory code/cite for Adoption Petition
Agency adoptions (Public or private agency) [DRL Section 112]; Private adoptions (child not placed by a public or private agency) [DRL Section 115]
Court Jurisdiction for Adoption Cases
Family Court and Surrogate's Court
Home Study (Adoptions)
Statutory code/cite for the Adoptive Home Studies:
Agency adoptions (Public or private agency) [DRL Section 112] and Private adoptions (child not placed by a public or private agency) [DRL Section 116].
Prospective adoptive parents permitted to pay for a pre-adoptive home study
- Yes
Prospective adoptive parents permitted to pay for a pre-adoptive home study
- Private Adoptions: Yes
Age of Majority
State's age of majority
- 18 years
Statutory code/cite and the age of majority:
- Domestic Relations Law §2
Services (after Age of Majority)
As the Receiving State, the following services will be provided/continued at the age of majority:
- Supervision
- Medicaid
Appeals
Appeals permitted:
- Home Study: Other
- ICPC Decision: No
Border Agreements
Border Agreements permitted:
- Yes
Current Border Agreements with:
- New Jersey
Criminal Background Checks/Abuse and Neglect Registry
Home Studies which Require Criminal / Perpetrator Record Checks
New York requires criminal background checks for the following home studies:
- Foster Care
- Relative-Foster Care
- Foster-Adopt
- Adoption
- Other, specified below
In addition to the applicant to be certified or approved as a foster or adoptive parent, all other adult household members or persons over the age of 18, residing in the home of such applicant must be checked.
************NOTE: In accordance with NYS Social Services Laws 424-a CPS background & 378-a Criminal Histories will NOT be conducted as a part of an unlicensed relative ICPC request in NYS. Fingerprint checks for criminal histories & Child Abuse histories are ONLY permitted/authorized & conducted for foster care & adoption requests. *****************
Criminal Background Screening
The following methods are used to capture fingerprints to conduct criminal records checks/and abuse and neglect.
- Live Scan or other computerized technology
- Finger Print cards
- Other, specified below
The first option is Live Scan. If, because of disability or inability to secure fingerprints, other options used, are fingerprint card or name search.
Criminal background checks/screening via Live Scan or other computerized technology are offered at the following levels:
- National
- Local
Background Screening
State or Local Criminal Record Checks Requirements/Process:
Each applicant for approval or certification as a foster or adoptive parent and any other person over the age of 18 who resides in the home of the applicant must have a FBI and New York State criminal history check performed before the applicant may be certified or approved. [SSL Section 378-a(2)]
Applicant will not be approved if the person has committed any of the following misdemeanor or felony offenses:
Where the applicant has:
(A) a felony conviction at any time involving: (i) child abuse or neglect; (ii) spousal abuse; (iii) a crime against a child, including child pornography; or (iv) a crime involving violence, including rape, sexual assault or homicide, other than a crime involving physical assault or battery; or
(B) a felony conviction within the past five years for physical assault or a drug-related offense.
Type of Checks (Crim. & Abuse Neglect Registry)
New York requires the following types of criminal background and perpetrator checks (Federal (F), State (S), Local (L), Abuse and Neglect Registry (ANR), Not Required (NR))
| Federal | State | Local | ANR | NR | |
|---|---|---|---|---|---|
| Foster Care | y | y | y | ||
| Relative | |||||
| Relative Foster Care | y | y | y | ||
| Adoption | y | y | y | ||
| Foster-Adopt | y | y | y | ||
| Parent |
Wait Time for Criminal Records Results
Wait time for fingerprint results are:
Live Scan or other technology
- State: 48-72 hours
- Local/County: Not Offered
Manually - Fingerprint Card
- State: 4-7 days
- Local/County: Not Offered
Verification of Criminal Records Results
- Actual results/information contained in the Criminal Background
Custody Matters - NON ICPC
(NOTE: These are private or domestic custody matters brought before the court for determination/decision)
Non-ICPC Requests - (i.e. private/domestic custody cases)
ICPC Office will not investigate a domestic or private custody matter.
- Parent vs. Parent: No
- Third Parties: No
ICPC Offices will assist with referral:
- No
Custody Investigation
No information provided
Definitions
New York Specific Definitions
New York definitions are the same as General Definitons, except the following:
Foster Care (Provider)
In New York, a foster home is only a private residence with an approved or certified foster parent or parents. Note: Child Welfare programs in New York are generally State supervised, locally administered. Foster children, with the exception of certain juvenile delinquents are in the legal custody of a county department of social services, also called a social services district. Foster homes are certified or approved by either a social services district of a voluntary authorized agency.
Relative-Foster Care
Kinship (relative) foster homes are for a child within the second or third degree to the child’s parent(s) or stepparent(s). A relative within the second or third degree to the child’s parent(s) or stepparent(s) refers to those relatives who are related to the parent(s) or stepparent(s) through blood or marriage either in the first, second, or third degree in the kinship line. A relative within the second or third degree of a parent includes the following:
- grandparents of the child,
- great-grandparents of the child,
- aunts and uncles of the child, including the spouses of the aunts or uncles,
- siblings of the child,
- great-aunts and great-uncles of the child, including the spouses of the great-aunts or great-uncles,
- first cousins of the child, including the spouses of the cousins,
- great-great grandparents of the child,
- an unrelated person where placement with such person allows half-siblings to remain together in an unapproved foster home, and the parents or stepparents of one of the half-siblings is related to such person in the second or third degree.
General Definitions
Adoption
is the legal act of permanently placing a child with a parent or parents other than the birth parents. Adoption results in the severing of the parental responsibilities and rights of the biological parents and the placing of those responsibilities and rights onto the adoptive parents. After the finalization of an adoption, there is no legal difference between biological and adopted children.
The types of adoptions permitted by each state are governed by state law:
- Private Agency - are adoptions facilitated by a private licensed agency (i.e. domestic and international).
- Independent - are adoptions facilitated by an attorney, other intermediary, or adoption facilitator as defined by state law.
- Public - are adoptions facilitated by a public state or local agency and involve children who are in the custody of a state/local government agency.
Days
means “Calendar” (not business) days.
Foster - Adopt
is an individual who has been approved as a licensed foster parent and who has made an offer of an adoption commitment if the child becomes legally free.
Foster Care (Provider)
is any person other than a natural or adoptive parent with whom a child is in the care, custody, or guardianship of the State Child Welfare Agency and placed by said division, or with its approval for temporary or long-term care but shall not include any person with whom a child is placed for the purpose of adoption. Foster home means and includes private residences that are licensed, or specialized group homes.
Foster Care Maintenance Payments
means payments to cover the cost of (and the cost of providing) food, clothing, shelter, daily supervision, school supplies, a child's personal incidentals, liability insurance with respect to a child, and reasonable travel to the child's home for visitation. In the case of institutional care, such term shall include the reasonable costs of administration and operation of such institution as are necessarily required to provide the items described in the preceding sentence.
Legal Risk Adoptions
A legal risk adoption, or a legal risk placement, is one where a prospective adoptive child is placed in your home although the child is not yet legally free to be adopted.
License/certification/approval
means approval and or certification granted by the authority of a state regulatory agency.
Live Scan
is an electronic computerized technology which digitally scans fingerprints and provides immediate transmission of fingerprint records to the Department of Justice, FBI or other authorized receiving agency.
Parent
is a biological, adoptive parent or legal guardian as determined by applicable State law and is responsible for the care, custody and control of a child or upon whom there is legal duty for such care.
Relative
is a birth or adoptive brother, sister, stepparent, stepbrother, stepsister, uncle, aunt, first cousin, niece, nephew, as well as relatives of half blood or marriage and those denoted by the prefixes of grand and great including grand parent or great grandparent, or as defined in your state statute for the purpose of foster and or adoptive placements.
Relative-Foster Care
refers to a person who meets the definition of a relative as noted above and has been approved as a licensed foster parent.
Public Education Costs
New York charges for public education:
- No
New York charges the sending state for specialized services (occupational, speech therapy)
- No
New York charges the Sending State to obtain assessments/diagnostics and/or services for education purposes:
- No
Financial Plans, Medicaid, IV-E, Daycare, Payments
FINANCIAL PLANS
New York permits a child in the legal custody of a Sending State to apply for and receive the following state administered assistance/benefits in New York as the Receiving State.
- Medicaid
As the Sending state, following are considered as a viable financial/medical plan when making interstate placements:
- Applying for TANF - (Family Income Based)
- Applying for TANF - Child Only
- Title IV-E Foster Care
- Title IV-E Adoption Assistance
- Sending State Adoption Assistance
- Kin-Guardianship - Fostering Connections (IV-E)
- Kin-Guardianship - State
- Medicaid
- Sending State’s Coverage for Medical Assistance
As the Receiving state, following are considered a viable financial/medical plan when receiving interstate placements:
- Title IV-E Foster Care
- Title IV-E Adoption Assistance
- Sending State Adoption Assistance
- Kin-Guardianship - Fostering Connections (IV-E)
- Kin-Guardianship - State
- Medicaid
- Sending State’s Coverage for Medical Assistance
MEDICAID / MEDICAL ASSISTANCE
The state will ensure medical coverage benefits and services can be received through benefits, programs and providers in the Receiving State before placing a child across state lines.
- Yes
Medicaid
The receiving state is responsible for the Medicaid benefits of children eligible under Title IV-E. Otherwise, the responsibility is with the sending state (see Foster Care Payments).
- Yes
WAITING PERIOD FOR MEDICAID BENEFITS
Waiting period to apply for benefit assistance:
- No waiting period
Waiting period to receive benefits for a child who is under the legal custody/legal jurisdiction of the sending state:
- No waiting period
STATE MEDICAL INSURANCE/COVERAGE
As the Sending State, New York will provide medical coverage if the child is NOT IV-E eligible
- Yes: Type of Coverage
As the Sending State, New York will permit Placement Resources to apply for medical benefits in the Receiving State or use their personal insurance.
- Yes
PAYMENTS MADE
TANF Payments
- No
Adoption assistance payments begin:
- At the time the child is placed.
Foster Care Payments
Yes
Special Education Payments
- No
Daycare Payments
- Yes
Kinship Program
Yes
TITLE IV-E
Medicaid - The receiving state is responsible for the Medicaid benefits of children eligible under Title IV-E. Otherwise, the responsibility is with the sending state (see Foster Care Payments).
- Yes
Title IV-E documentation/verification required
- Yes: Certification of Eligibility of Title IV-E FCAA Recipient for Medical Assistance form
Foster Care
RATES (Foster Care)
Foster care rate paid at:
- Sending State’s rate
New York foster care rates:
| Service Level of Care | Amount per day |
|---|---|
| Basic | no information provided |
| Moderate | no information provided |
| Specialized | no information provided |
| Intense | no information provided |
REQUIREMENTS (Foster Care)
Foster Care Resource Requirements:
18 NYCRR Part 443
Training (Education and Training)
- 18 NYCRR Part 443
Home Studies (Adoption/Foster Care/Kinship/Parent/Relative)
Types of Home Studies
New York conducts the following types of home studies:
- Relative Care
- Foster Care
- Relative-Foster Care
- Foster- Adopt
- Adoption
NYS will conduct Regulation 7 priority home study requests for unlicensed relatives only. NYS is not authorized to conduct incoming or outgoing parent home study requests via the ICPC. NYS is not legally authorized to conduct criminal history checks or child abuse/neglect registry clearances on unlicensed relative placement resources. Such checks and clearances are only authorized in consideration of foster and adoptive resource applicants.
New York designates staff in each county/region to conduct home studies and/or process interstate placements.
- Yes
New York considers a home study as current/valid for:
- 1 year
Private Contract Services - Home Study
As the Sending State, New York will pay a contractor or private/independent agency in the Receiving State to conduct a home study
- Yes
As the Receiving State, New York will permit a Sending state to pay a contractor or private/independent agency in the Receiving State to conduct a home study.
- Yes
As the Receiving State, New York will accept/update a home study that was not originally conducted by the receiving state or a private contractor acting on behalf of the Receiving State.
- Will not Update or Accept
Adoptive Home Studies
Home study for adoption conducted prior to Termination of Parental Rights (TPR)
- Yes
Prospective adoptive parents permitted to pay for a pre-adoptive home study
- Private Adoptions: Yes
DCPS contracts for Purchase of Services with private agencies in other states:
- No
Foster Care Home Study
Home study for foster care conducted prior to Termination of Parental Rights (TPR)
- Yes
Parent Home Study
If child has been removed from the parent, New York requires a home study evaluation before reunification.
NYS is not authorized to process incoming or outgoing parent home study requests via the ICPC.
Non-Custodial Parents
Placements with non-custodial parents are not covered under the ICPC if:
NYS is not authorized to process incoming or outgoing parent home study requests via the ICPC.
Proof of Paternity is required:
- No
Relative/Kinship Home Study
Home study for relatives conducted prior to Termination of Parental Rights (TPR)
- Yes
Define Relative
A relative is a birth or adoptive brother, sister, stepparent, stepbrother, stepsister, uncle, aunt, first cousin, niece, nephew, as well as relatives of half blood or marriage and those denoted by the prefixes of grand and great including grand parent or great grandparent, or as defined in our state statute for the purpose of foster and or adoptive placements, and must be related within the third degree by blood or marriage to the child's parent or stepparent.
Relatives must be licensed:
- No
Proof of Paternity is required:
- No
New York considers the following types and degrees of relation as relative placements. Individuals related in the 1st degree, 2nd degree, 3rd degree and 4th degree (You may need to refer to your state's consanguinity chart or state statute to determine relations or relative status.)
- 1st Degree (mother, father, sister, brother, son, daughter)
- 2nd Degree (grandmother, grandfather, aunt, uncle, niece, nephew, first cousin)
- 3rd Degree (great grandmother, great grandfather, great aunt, great uncle, grand-niece, grand nephew, second cousin)
Regulation 7 Priority Placement
New York performs priority placements:
Yes
A court ordered Priority 7 conducted if the child is in a DCF shelter or foster home for substantial period of time.
Wait Time (ICPC Interstate Home Study) - Public
Average length of time to process and complete a home study with criminal background checks for an interstate placement (Not including completion of education training):
- 90 days
Wait time to complete Home Study, only (without criminal records check):
- 60 days
Wait Time (ICPC Interstate Home Study) - Private
Average length of time to process and complete a home study with criminal background checks for an interstate placement (Not including completion of education training):
- 30 days
Wait time to complete Home Study, only (without criminal records check):
- 90 days
New York determines the "Date of Receipt" for an interstate home study as:
- Other
Date accepted in NEICE and assigned to Receiving Agency.
Method of requesting, sending, and/or reporting an interstate home study
| Regular Mail | Express Mail | Overnight Mail | Electronic Mail | |
|---|---|---|---|---|
| Send request for a home study to Receiving State | y | |||
| Send home study request to Local office | ||||
| Send home study report to Sending State | y |
Criminal Record Checks
New York requires criminal background checks for the following home studies:
- Foster Care
- Relative-Foster Care
- Foster-Adopt
- Adoption
- Other, specified below
In addition to the applicant to be certified or approved as a foster or adoptive parent, all other adult household members or persons over the age of 18, residing in the home of such applicant must be checked.
************NOTE: In accordance with NYS Social Services Laws 424-a CPS background & 378-a Criminal Histories will NOT be conducted as a part of an unlicensed relative ICPC request in NYS. Fingerprint checks for criminal histories & Child Abuse histories are ONLY permitted/authorized & conducted for foster care & adoption requests. *****************
Type of Checks (Crim. & Abuse Neglect Registry)
New York requires the following types of criminal background and perpetrator checks (Federal (F), State (S), Local (L), Abuse and Neglect Registry (ANR), Not Required (NR))
| Federal | State | Local | ANR | NR | |
|---|---|---|---|---|---|
| Foster Care | y | y | y | ||
| Relative | |||||
| Relative Foster Care | y | y | y | ||
| Adoption | y | y | y | ||
| Foster-Adopt | y | y | y | ||
| Parent |
Wait Time for Criminal Records Results
Wait time for fingerprint results are:
Live Scan or other technology
- State: 48-72 hours
- Local/County: Not Offered
Manually - Fingerprint Card
- State: 4-7 days
- Local/County: Not Offered
ICPC Processing And Data Collection
New York conducts the following types of home studies:
- Relative Care
- Foster Care
- Relative-Foster Care
- Foster- Adopt
- Adoption
NYS will conduct Regulation 7 priority home study requests for unlicensed relatives only. NYS is not authorized to conduct incoming or outgoing parent home study requests via the ICPC. NYS is not legally authorized to conduct criminal history checks or child abuse/neglect registry clearances on unlicensed relative placement resources. Such checks and clearances are only authorized in consideration of foster and adoptive resource applicants.
ICPC Placement Checklists
| Adoption | Foster | Foster-Adopt | Parent | Relative | Residential | Electronic Transmission Accepted * | |
|---|---|---|---|---|---|---|---|
| ICPC 100A (Placement Request) | y | y | y | y | y | ||
| ICPC – 100 B (if child is in the Receiving State) | y | y | y | y | y | ||
| Home Study Report | y | y | y | y | |||
| Court Order | y | y | y | y | y | ||
| Medical Documentation/History | y | y | y | y | |||
| Criminal History | y | y | y | ||||
| Criminal Background Check/Verification | y | y | y | ||||
| Education and Training Verification | y | y | y | ||||
| Financial/ Medical Plan to support placement | y | y | y | y | y | ||
| Title IV-E Status | y | y | y | y | y | ||
| Supervisory/ Progress Reports | y | y | y | y | y |
Date of Receipt - Home Study
New York determines the "Date of Receipt" for an interstate home study as:
- Other
Date accepted in NEICE and assigned to Receiving Agency.
New York designates staff in each county/region to conduct home studies and/or process interstate placements.
- Yes
Private Contract Services - Home Study
As the Sending State, New York will pay a contractor or private/independent agency in the Receiving State to conduct a home study
- Yes
Criminal Records Checks
New York requires criminal background checks for the following home studies:
- Foster Care
- Relative-Foster Care
- Foster-Adopt
- Adoption
- Other, specified below
In addition to the applicant to be certified or approved as a foster or adoptive parent, all other adult household members or persons over the age of 18, residing in the home of such applicant must be checked.
************NOTE: In accordance with NYS Social Services Laws 424-a CPS background & 378-a Criminal Histories will NOT be conducted as a part of an unlicensed relative ICPC request in NYS. Fingerprint checks for criminal histories & Child Abuse histories are ONLY permitted/authorized & conducted for foster care & adoption requests. *****************
Type of Checks (Crim. & Abuse Neglect Registry)
New York requires the following types of criminal background and perpetrator checks (Federal (F), State (S), Local (L), Abuse and Neglect Registry (ANR), Not Required (NR))
| Federal | State | Local | ANR | NR | |
|---|---|---|---|---|---|
| Foster Care | y | y | y | ||
| Relative | |||||
| Relative Foster Care | y | y | y | ||
| Adoption | y | y | y | ||
| Foster-Adopt | y | y | y | ||
| Parent |
Mailing Process - Interstate Home Study
Method of requesting, sending, and/or reporting an interstate home study
| Regular Mail | Express Mail | Overnight Mail | Electronic Mail | |
|---|---|---|---|---|
| Send request for a home study to Receiving State | y | |||
| Send home study request to Local office | ||||
| Send home study report to Sending State | y |
Wait/Processing Times
Wait Time (ICPC Interstate Home Study) - Public
Average length of time to process and complete a home study with criminal background checks for an interstate placement (Not including completion of education training):
- 90 days
Wait time to complete Home Study, only (without criminal records check):
- 60 days
Wait Time for Criminal Records Checks
Wait time for fingerprint results are:
Live Scan or other technology
- State: 48-72 hours
- Local/County: Not Offered
Manually - Fingerprint Card
- State: 4-7 days
- Local/County: Not Offered
Wait Time - (License/ Certification/ Approval - Education and Training)
Average Length of time it takes for a home to be licensed/approved/certified:
- 3-6 mos.
Length of time a license is valid before renewal required.
- 1 year
New York offers classes (education and training) for placement resources' homes to become licensed/certified/approved:
- Other
Agencies must provide training for foster parents to help them meet the needs of children in their care, receive information on technique in managing behavior and preventing abuse and neglect, and understand the expectations of the agency.
New foster parents need preparation and training to be effective in their role. Foster parents who have been accepted for a home study, or relatives who are in the process of a home study must be oriented to:
• The social, family, and personal problems that lead to family breakdown and the need for the placement of children.
• The problems and reactions of children upon separation, and the function and responsibility of the foster family in relation to the child, the parents, and the agency staff.
• The agency policy and practice to have defined goals to achieve permanency for each child entering the foster care system.
• The authority of the local social services districts, the Office of Children and Family Services, and the Family Court to supervise the agency’s practice.
• The nature of the relationship of agency staff to foster parents and children, including definitions of the function and responsibility of the caseworkers assigned to the children and their families.
• The payments to foster parents for care and expenses; the definition of foster family care; and certification or approval of the home.
• The rights and responsibilities of a foster parent as defined by a letter of understanding that must be executed at the time of certification or approval.Foster parents who receive a higher level of board rate are required to actively participate in annual training.
MAPP Training
The MAPP approach to foster parenting encourages open communication and trust among foster families, adoptive families, birth families and casework staff. The MAPP program examines 12 criteria or skills necessary for successful foster/adoptive parenting. Through role-playing, personal profiles, and other techniques, the homefinder and the applicant make mutual decisions about foster parenting.
Objectives of the training for prospective foster and adoptive parents are:
• Learning what to expect and what services are available.
• Looking at one’s own strengths and needs.
• Developing skills in giving love and attention to a troubled child.
• Learning about stages of child development.
• Helping children manage behavior.
• Understanding the roles and responsibilities of teamwork.
• Helping foster parents develop a good understanding of the child’s parents.
Wait Time for ICPC Decision
| Foster Care | Relative | Relative - Foster Care | Parent | Foster - Adopt | Adoption (Public) |
Adoption (Private) |
Adoption (Independent) |
|---|---|---|---|---|---|---|---|
| 6- 9 months | 2-3months | 6- 9 months | 1- 30 days | 6- 9 months | 6- 9 months | 1- 30 days | 1- 30 days |
Data Collection
New York collects, tracks and reports interstate data via:
- Other: NEICE
New York collects, tracks and reports interstate home studies via
- Other: NEICE
Licensing/Certification/Approval
Licensing
Dual Licensing state:
- Yes
New York uses the following terms to authorize a resource family for foster care and (or) adoption after completion of education and training in state:
- Approve (Adoption)
- Verified (Foster Home)
- Certified
New York requires the following types of placement resources to be licensed/approved/certified:
- Foster Care
- Relative-Foster Care
- Adoption
- Foster/Adopt
New York resource training program is as follows:
- PRIDE (Parents Resource Information Development Education)
New York will give full or partial credit for foster care and adoption education and training completed in another state:
- Adoption
Other• Full credit given under Regulation One if the resource is a fully approved adoption resource moving into NY from another state. Upon arrival in NYS, the resource would be required to complete all NYS requirements to become a NYS approved authorized adoptive home.
- Foster Care
Other• Full credit given under Regulation One if the resource is a fully licensed or certified foster resource moving into NY from another state. Upon arrival in NYS, the resource would be required to complete all NYS requirements to become a NYS foster parent.
Title IV-E documentation/verification required
- Yes: Certification of Eligibility of Title IV-E FCAA Recipient for Medical Assistance form
Requirements (Licensing)
Licensing Requirements
Foster homes are “certified” (the term used for non-relative homes) or “approved” (the term used for relatives) according to the same standards.
Adoptive homes that meet all NYS standards and regulations for an adoption to finalize in court are Authorized Approved Adoptive Homes.
Completion of the certification and approval process includes the home study, the State Central Registry (child abuse) clearance, and the criminal history record review process, including fingerprinting. Foster parents are certified/approved when all are completed successfully. The home study process should be completed within 60 days from the date the completed application from the prospective foster parent is received.
Foster Care Placements
Wait Time - (License/ Certification/ Approval - Education and Training)
Average Length of time it takes for a home to be licensed/approved/certified:
- 3-6 mos.
Length of time a license is valid before renewal required.
- 1 year
New York offers classes (education and training) for placement resources' homes to become licensed/certified/approved:
- Other
Agencies must provide training for foster parents to help them meet the needs of children in their care, receive information on technique in managing behavior and preventing abuse and neglect, and understand the expectations of the agency.
New foster parents need preparation and training to be effective in their role. Foster parents who have been accepted for a home study, or relatives who are in the process of a home study must be oriented to:
• The social, family, and personal problems that lead to family breakdown and the need for the placement of children.
• The problems and reactions of children upon separation, and the function and responsibility of the foster family in relation to the child, the parents, and the agency staff.
• The agency policy and practice to have defined goals to achieve permanency for each child entering the foster care system.
• The authority of the local social services districts, the Office of Children and Family Services, and the Family Court to supervise the agency’s practice.
• The nature of the relationship of agency staff to foster parents and children, including definitions of the function and responsibility of the caseworkers assigned to the children and their families.
• The payments to foster parents for care and expenses; the definition of foster family care; and certification or approval of the home.
• The rights and responsibilities of a foster parent as defined by a letter of understanding that must be executed at the time of certification or approval.Foster parents who receive a higher level of board rate are required to actively participate in annual training.
MAPP Training
The MAPP approach to foster parenting encourages open communication and trust among foster families, adoptive families, birth families and casework staff. The MAPP program examines 12 criteria or skills necessary for successful foster/adoptive parenting. Through role-playing, personal profiles, and other techniques, the homefinder and the applicant make mutual decisions about foster parenting.
Objectives of the training for prospective foster and adoptive parents are:
• Learning what to expect and what services are available.
• Looking at one’s own strengths and needs.
• Developing skills in giving love and attention to a troubled child.
• Learning about stages of child development.
• Helping children manage behavior.
• Understanding the roles and responsibilities of teamwork.
• Helping foster parents develop a good understanding of the child’s parents.
Parent Studies
New York conducts the following types of home studies:
- Relative Care
- Foster Care
- Relative-Foster Care
- Foster- Adopt
- Adoption
NYS will conduct Regulation 7 priority home study requests for unlicensed relatives only. NYS is not authorized to conduct incoming or outgoing parent home study requests via the ICPC. NYS is not legally authorized to conduct criminal history checks or child abuse/neglect registry clearances on unlicensed relative placement resources. Such checks and clearances are only authorized in consideration of foster and adoptive resource applicants.
Custodial Parent Evaluated Per Reunification
If child has been removed from the parent, New York requires a home study evaluation before reunification.
NYS is not authorized to process incoming or outgoing parent home study requests via the ICPC.
Non-Custodial Parents
Placements with non-custodial parents are not covered under the ICPC if:
NYS is not authorized to process incoming or outgoing parent home study requests via the ICPC.
Proof of Paternity is required:
- No
Regulation 7 Priority Placement
New York performs priority placements:
Yes
A court ordered Priority 7 conducted if the child is in a DCF shelter or foster home for substantial period of time.
Wait Time (ICPC Interstate Home Study)
Average length of time to process and complete a home study with criminal background checks for an interstate placement (Not including completion of education training):
- 90 days
Wait time to complete Home Study, only (without criminal records check):
- 60 days
New York determines the "Date of Receipt" for an interstate home study as:
- Other
Date accepted in NEICE and assigned to Receiving Agency.
Method of requesting, sending, and/or reporting an interstate home study
| Regular Mail | Express Mail | Overnight Mail | Electronic Mail | |
|---|---|---|---|---|
| Send request for a home study to Receiving State | y | |||
| Send home study request to Local office | ||||
| Send home study report to Sending State | y |
Criminal Records Checks
New York requires criminal background checks for the following home studies:
- Foster Care
- Relative-Foster Care
- Foster-Adopt
- Adoption
- Other, specified below
In addition to the applicant to be certified or approved as a foster or adoptive parent, all other adult household members or persons over the age of 18, residing in the home of such applicant must be checked.
************NOTE: In accordance with NYS Social Services Laws 424-a CPS background & 378-a Criminal Histories will NOT be conducted as a part of an unlicensed relative ICPC request in NYS. Fingerprint checks for criminal histories & Child Abuse histories are ONLY permitted/authorized & conducted for foster care & adoption requests. *****************
Type of Checks (Crim. & Abuse Neglect Registry)
New York requires the following types of criminal background and perpetrator checks (Federal (F), State (S), Local (L), Abuse and Neglect Registry (ANR), Not Required (NR))
| Federal | State | Local | ANR | NR | |
|---|---|---|---|---|---|
| Foster Care | y | y | y | ||
| Relative | |||||
| Relative Foster Care | y | y | y | ||
| Adoption | y | y | y | ||
| Foster-Adopt | y | y | y | ||
| Parent |
Wait Time for Criminal Records Checks
Wait time for fingerprint results are:
Live Scan or other technology
- State: 48-72 hours
- Local/County: Not Offered
Manually - Fingerprint Card
- State: 4-7 days
- Local/County: Not Offered
Average length of time to process and complete a home study with criminal background checks for an interstate placement (Not including completion of education training):
- 90 days
Type of Checks (Crim. & Abuse Neglect Registry)
New York requires the following types of criminal background and perpetrator checks (Federal (F), State (S), Local (L), Abuse and Neglect Registry (ANR), Not Required (NR))
| Federal | State | Local | ANR | NR | |
|---|---|---|---|---|---|
| Foster Care | y | y | y | ||
| Relative | |||||
| Relative Foster Care | y | y | y | ||
| Adoption | y | y | y | ||
| Foster-Adopt | y | y | y | ||
| Parent |
Verification of Criminal Records Results
- Actual results/information contained in the Criminal Background
Wait Time - (License/ Certification/ Approval - Education and Training)
Average Length of time it takes for a home to be licensed/approved/certified:
- 3-6 mos.
Length of time a license is valid before renewal required.
- 1 year
New York offers classes (education and training) for placement resources' homes to become licensed/certified/approved:
- Other
Agencies must provide training for foster parents to help them meet the needs of children in their care, receive information on technique in managing behavior and preventing abuse and neglect, and understand the expectations of the agency.
New foster parents need preparation and training to be effective in their role. Foster parents who have been accepted for a home study, or relatives who are in the process of a home study must be oriented to:
• The social, family, and personal problems that lead to family breakdown and the need for the placement of children.
• The problems and reactions of children upon separation, and the function and responsibility of the foster family in relation to the child, the parents, and the agency staff.
• The agency policy and practice to have defined goals to achieve permanency for each child entering the foster care system.
• The authority of the local social services districts, the Office of Children and Family Services, and the Family Court to supervise the agency’s practice.
• The nature of the relationship of agency staff to foster parents and children, including definitions of the function and responsibility of the caseworkers assigned to the children and their families.
• The payments to foster parents for care and expenses; the definition of foster family care; and certification or approval of the home.
• The rights and responsibilities of a foster parent as defined by a letter of understanding that must be executed at the time of certification or approval.Foster parents who receive a higher level of board rate are required to actively participate in annual training.
MAPP Training
The MAPP approach to foster parenting encourages open communication and trust among foster families, adoptive families, birth families and casework staff. The MAPP program examines 12 criteria or skills necessary for successful foster/adoptive parenting. Through role-playing, personal profiles, and other techniques, the homefinder and the applicant make mutual decisions about foster parenting.
Objectives of the training for prospective foster and adoptive parents are:
• Learning what to expect and what services are available.
• Looking at one’s own strengths and needs.
• Developing skills in giving love and attention to a troubled child.
• Learning about stages of child development.
• Helping children manage behavior.
• Understanding the roles and responsibilities of teamwork.
• Helping foster parents develop a good understanding of the child’s parents.
Relative Placements
New York conducts the following types of home studies:
- Relative Care
- Foster Care
- Relative-Foster Care
- Foster- Adopt
- Adoption
NYS will conduct Regulation 7 priority home study requests for unlicensed relatives only. NYS is not authorized to conduct incoming or outgoing parent home study requests via the ICPC. NYS is not legally authorized to conduct criminal history checks or child abuse/neglect registry clearances on unlicensed relative placement resources. Such checks and clearances are only authorized in consideration of foster and adoptive resource applicants.
Relative Home Study
Define Relative
A relative is a birth or adoptive brother, sister, stepparent, stepbrother, stepsister, uncle, aunt, first cousin, niece, nephew, as well as relatives of half blood or marriage and those denoted by the prefixes of grand and great including grand parent or great grandparent, or as defined in our state statute for the purpose of foster and or adoptive placements, and must be related within the third degree by blood or marriage to the child's parent or stepparent.
Relatives must be licensed:
- No
Proof of Paternity is required:
- No
New York considers the following types and degrees of relation as relative placements. Individuals related in the 1st degree, 2nd degree, 3rd degree and 4th degree (You may need to refer to your state's consanguinity chart or state statute to determine relations or relative status.)
- 1st Degree (mother, father, sister, brother, son, daughter)
- 2nd Degree (grandmother, grandfather, aunt, uncle, niece, nephew, first cousin)
- 3rd Degree (great grandmother, great grandfather, great aunt, great uncle, grand-niece, grand nephew, second cousin)
Regulation 7 Priority Placement
New York performs priority placements:
Yes
A court ordered Priority 7 conducted if the child is in a DCF shelter or foster home for substantial period of time.
Wait Time (ICPC Interstate Home Study)
Average length of time to process and complete a home study with criminal background checks for an interstate placement (Not including completion of education training):
- 90 days
Wait time to complete Home Study, only (without criminal records check):
- 60 days
New York determines the "Date of Receipt" for an interstate home study as:
- Other
Date accepted in NEICE and assigned to Receiving Agency.
Method of requesting, sending, and/or reporting an interstate home study
| Regular Mail | Express Mail | Overnight Mail | Electronic Mail | |
|---|---|---|---|---|
| Send request for a home study to Receiving State | y | |||
| Send home study request to Local office | ||||
| Send home study report to Sending State | y |
Criminal Records Checks
New York requires criminal background checks for the following home studies:
- Foster Care
- Relative-Foster Care
- Foster-Adopt
- Adoption
- Other, specified below
In addition to the applicant to be certified or approved as a foster or adoptive parent, all other adult household members or persons over the age of 18, residing in the home of such applicant must be checked.
************NOTE: In accordance with NYS Social Services Laws 424-a CPS background & 378-a Criminal Histories will NOT be conducted as a part of an unlicensed relative ICPC request in NYS. Fingerprint checks for criminal histories & Child Abuse histories are ONLY permitted/authorized & conducted for foster care & adoption requests. *****************
Type of Checks (Crim. & Abuse Neglect Registry)
New York requires the following types of criminal background and perpetrator checks (Federal (F), State (S), Local (L), Abuse and Neglect Registry (ANR), Not Required (NR))
| Federal | State | Local | ANR | NR | |
|---|---|---|---|---|---|
| Foster Care | y | y | y | ||
| Relative | |||||
| Relative Foster Care | y | y | y | ||
| Adoption | y | y | y | ||
| Foster-Adopt | y | y | y | ||
| Parent |
Wait Time for Criminal Records Checks
Wait time for fingerprint results are:
Live Scan or other technology
- State: 48-72 hours
- Local/County: Not Offered
Manually - Fingerprint Card
- State: 4-7 days
- Local/County: Not Offered
Average length of time to process and complete a home study with criminal background checks for an interstate placement (Not including completion of education training):
- 90 days
Type of Checks (Crim. & Abuse Neglect Registry)
New York requires the following types of criminal background and perpetrator checks (Federal (F), State (S), Local (L), Abuse and Neglect Registry (ANR), Not Required (NR))
| Federal | State | Local | ANR | NR | |
|---|---|---|---|---|---|
| Foster Care | y | y | y | ||
| Relative | |||||
| Relative Foster Care | y | y | y | ||
| Adoption | y | y | y | ||
| Foster-Adopt | y | y | y | ||
| Parent |
Verification of Criminal Records Results
- Actual results/information contained in the Criminal Background
Wait Time - (License/ Certification/ Approval - Education and Training)
Average Length of time it takes for a home to be licensed/approved/certified:
- 3-6 mos.
Length of time a license is valid before renewal required.
- 1 year
New York offers classes (education and training) for placement resources' homes to become licensed/certified/approved:
- Other
Agencies must provide training for foster parents to help them meet the needs of children in their care, receive information on technique in managing behavior and preventing abuse and neglect, and understand the expectations of the agency.
New foster parents need preparation and training to be effective in their role. Foster parents who have been accepted for a home study, or relatives who are in the process of a home study must be oriented to:
• The social, family, and personal problems that lead to family breakdown and the need for the placement of children.
• The problems and reactions of children upon separation, and the function and responsibility of the foster family in relation to the child, the parents, and the agency staff.
• The agency policy and practice to have defined goals to achieve permanency for each child entering the foster care system.
• The authority of the local social services districts, the Office of Children and Family Services, and the Family Court to supervise the agency’s practice.
• The nature of the relationship of agency staff to foster parents and children, including definitions of the function and responsibility of the caseworkers assigned to the children and their families.
• The payments to foster parents for care and expenses; the definition of foster family care; and certification or approval of the home.
• The rights and responsibilities of a foster parent as defined by a letter of understanding that must be executed at the time of certification or approval.Foster parents who receive a higher level of board rate are required to actively participate in annual training.
MAPP Training
The MAPP approach to foster parenting encourages open communication and trust among foster families, adoptive families, birth families and casework staff. The MAPP program examines 12 criteria or skills necessary for successful foster/adoptive parenting. Through role-playing, personal profiles, and other techniques, the homefinder and the applicant make mutual decisions about foster parenting.
Objectives of the training for prospective foster and adoptive parents are:
• Learning what to expect and what services are available.
• Looking at one’s own strengths and needs.
• Developing skills in giving love and attention to a troubled child.
• Learning about stages of child development.
• Helping children manage behavior.
• Understanding the roles and responsibilities of teamwork.
• Helping foster parents develop a good understanding of the child’s parents.
Residential Treatment Centers/Facilities
Before New York will approve a child for an interstate placement with an RTF, Certification/verification of acceptance is required from the Residential Treatment Facility (RTF).
- Yes
Residential Placements
Placement in an agency operated boarding home, group home, group residence or institution, as those terms are defined in 18 NYCRR 441.2.
Supervisory Reports
New York Requires face-to-face supervision:
- Once a month
New York will provide supervision of an interstate placement:
- Until the ICPC case is closed
New York Submits a supervisory report to the Sending State
- Quarterly
New York will send a supervision report to:
- The ICPC in the Sending State
Supervision Guidelines
Please see Regulation 11 for supervision requirements under the ICPC (Link provided below):
Termination of Parental Rights (TPR)
Home study for adoption conducted prior to Termination of Parental Rights (TPR)
- Yes
Home study for relatives conducted prior to Termination of Parental Rights (TPR)
- Yes
After TPR, relatives are no longer relatives and a foster care or adoptive home study must be requested.
- Yes
Relative Home Study
Define Relative
A relative is a birth or adoptive brother, sister, stepparent, stepbrother, stepsister, uncle, aunt, first cousin, niece, nephew, as well as relatives of half blood or marriage and those denoted by the prefixes of grand and great including grand parent or great grandparent, or as defined in our state statute for the purpose of foster and or adoptive placements, and must be related within the third degree by blood or marriage to the child's parent or stepparent.
Relatives must be licensed:
- No
Proof of Paternity is required:
- No
New York considers the following types and degrees of relation as relative placements. Individuals related in the 1st degree, 2nd degree, 3rd degree and 4th degree (You may need to refer to your state's consanguinity chart or state statute to determine relations or relative status.)
- 1st Degree (mother, father, sister, brother, son, daughter)
- 2nd Degree (grandmother, grandfather, aunt, uncle, niece, nephew, first cousin)
- 3rd Degree (great grandmother, great grandfather, great aunt, great uncle, grand-niece, grand nephew, second cousin)
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