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Residential Drug Treatment Program SUMMARY: The purpose of this document is to clarify responsibilities for Administration for Children’s Services (ACS) and foster care provider agency staff (provider agency staff) regarding casework and permanency planning involving parents who are or were in residential substance use disorder treatment programs (residential treatment programs). Some of these responsibilities are based on amendments to the Social Services Law (SSL), effective June 15, 2010, which provide additional considerations to the requirement that social services districts file a petition to terminate parental rights when a child has been in foster care for 15 of the most recent 22 months. This policy provides guidance for ACS and provider agency staff regarding their obligation to plan for permanency when the parent is in a residential treatment program. In any case involving a parent in a residential treatment program, the case planner must inform the parent of his or her legal rights and permanency planning obligations, and provide information about services available in the community. The provider agency need not file to terminate parental rights when the parent’s participation in a residential treatment program was a significant factor in the child’s remaining in foster care for 15 of the most recent 22 months, provided that the parent maintains a meaningful role in the child’s life and the agency has not documented a reason that it would otherwise be appropriate to file a petition to terminate parental rights. Under any of these and certain other circumstances, when a child has been in foster care for 15 of the most recent 22 months, an exception to filing to terminate parental rights may apply.

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Table of Contents

I. Introduction ............................................................................................... 4

II. Locating Parents in Residential Substance Use Disorder Treatment

Programs ................................................................................................... 5

A. Obtaining Signed Consent .......................................................................... 5

B. Refusal to Give Signed Consent .................................................................. 6

III. Communicating with Parents in Residential Substance Use Disorder

Treatment and with Substance Use Disorder Counselors .............................. 6

IV. Requirements for Notifying Parents of Their Rights, Responsibilities, and

Services ............................................................................................................. 6

V. Visiting, Permanency Planning and Minimum Casework Contact

Requirements ............................................................................................ 8

A. Permanency Planning ................................................................................. 8

B. Parent-Child Visiting Requirements ............................................................ 8

C. Casework Contacts ...................................................................................... 9

VI. Arranging Child Safety and Permanency Planning Conferences ................. 10

VII. Determining Whether to File a TPR Petition .............................................. 10

VIII. Documentation ........................................................................................ 14

IX. Procedures ............................................................................................... 16

X. Attachments

A. Authorization for Release and Sharing of Confidential Chemical

Dependency OASAS Patient/ACS Client Information

B. OCFS Document: You Don’t Have to Stop Being a Parent While You are in

a Residential Drug Treatment Program

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I. Introduction

A. The Administration for Children's Services (ACS) and the foster care provider agencies (provider agencies) seek to achieve meaningful engagement with families that promote the safety, permanency, and well-being of children and families in the New York City child welfare system. ACS believes that parent-child visiting is one of the most important components to fostering the well-being of children when their parents are in a residential substance use disorder treatment program (residential treatment program). Parent-child visiting during a parent's participation in a residential treatment program can substantially strengthen ties with the parent and reduce trauma for the child.

B. ACS also recognizes that the most important form of visiting is face-to-face contact. When face-to-face visiting is not available, best practice encourages visiting by telephone or videoconferencing, when available. However, videoconferencing and telephone contact are supplements, not substitutes, for face-to-face contact. In addition, children and parents should be encouraged to communicate with each other through writing letters and sending pictures. The foster care case planner (case planner) must support and facilitate face-to-face visits and other forms of communication by arranging regular parent-child visits at the facility where the parent is receiving treatment.

C. The ACS Standard for Culturally Respectful Practice

ACS is committed to working with children, youth, and families in a manner that is respectful of all cultural backgrounds and circumstances. Accordingly, ACS and provider agency staff must be sensitive to the beliefs and values of all parents including those that have a substance use disorder. Staff should never allow their own cultural, religious, or personal values and beliefs interfere with their responsibility to provide unbiased information and quality services.

D. State and Federal Regulations

Title IV-E of the Social Security Act as amended by the Adoption and Safe Families Act (ASFA) requires agencies to file a termination of parental rights (TPR) petition when a child has been in foster care for 15 of the last 22 months, unless certain circumstances are concluded to exist based on a case by case determination.1 An exception to the requirement to file a TPR is when the

1 See Social service Law (SSL) § 384-b (3)(l) (i). The other exceptions include when a child is being cared for by a relative or relatives; the agency has documented in the most recent case plan a compelling reason for determining that the filing of a petition would not be in the best interest of the child; and the agency has not provided to the parent of the child such services as it deems necessary for the safe return of the child to the parent, unless such services are not legally required.

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parent or parents are in a residential treatment program, or the prior time spent by the parent or parents in a residential treatment program is a significant factor in why the child has been in foster care for 15 out of the last 22 months, provided that the parent maintains a meaningful role in the child’s life and the agency has not documented a reason why it would otherwise be appropriate to file a petition.2

E. The case planner's work with a family where the parent is in a residential

treatment program must include:

1. Locating the parent; 2. Communicating with the parent in the residential treatment program and

staff at the facility; 3. Notifying the parent of his/her rights, responsibilities and services;

4. Permanency planning for the child, including arranging visitation and complying with minimum casework requirements;

5. Arranging child safety and permanency planning conferences; 6. Determining whether or not to file a TPR petition.

II. Locating Parents in Residential Substance Use Disorder Treatment Programs

A. Obtaining Signed Consent

Because participation in residential treatment programs is confidential,3 the case planner must obtain a signed consent to release information from the parent (see Attachment A, Authorization for Release and Sharing of Confidential Chemical Dependency OASAS Patient/ACS Client Information). For more information on the release, see section IV below. 1. If the parent is ordered by the court to attend residential substance use

disorder treatment, the case planner shall make efforts to have the parent sign a release prior to the parent entering treatment.

2. If the case planner knows where the parent is located but does not have a signed release form, the case planner must: a. Mail a blank release form addressed to the parent in care of the facility.

The case planner should include an explanatory cover letter and a self-addressed stamped envelope so the parent can mail back the release.

2 See SSL 384-b (3) (l)(i).

3 42 USC § 1320d-6.

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b. The letter should include the agency fax number in case the facility is willing to fax the release form to the case planner directly.

c. Once the case planner has the signed release form, he or she must send

a copy to the treatment facility and contact the program manager to determine who the parent’s primary counselor is.

d. A New York State Office of Alcohol and Substance Abuse Services (OASAS) Provider Directory Search can be found on the OASAS website: OASAS Provider Directory Search. The site allows searches by provider type and location.

3. If the parent has entered treatment voluntarily and has not notified the

case planner of his or her location, the case planner must contact family members or collateral sources to locate the parent. The case planner should then follow the steps outlined above in section II. A.

B. Refusal to Give Signed Consent

1. If the parent refuses to sign a release form, the case planner must

document in CONNECTIONS (CNNX) all efforts to obtain the release form and keep copies of all correspondence in the case record.

2. In addition, the case planner must consult with the assigned Division of Family Court Legal Services (FCLS) attorney about seeking a court order to obtain the records.

III. Communicating with Parents in Residential Substance Use Disorder Treatment

and with Substance Use Disorder Counselors

A parent's ability to communicate with his or her case planner is limited during a period of residential substance use disorder treatment. The case planner must establish communication with the parent by contacting the parent's primary counselor as soon as the parent is located. The case planner is responsible for working with the parent's counselor to arrange regular telephone and in-person contacts.

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IV. Requirements for Notifying Parents of Their Rights, Responsibilities, and Services

A. As soon as the case planner has located the parent4 in a residential treatment program, he or she must do the following: 1. Preferably during a casework contact, give the parent the OCFS document,

You Don't Have to Stop Being a Parent While in A Residential Substance Abuse Treatment Facility (Attachment B), which outlines parents’ legal rights and obligations.

2. Mail the name of the case planner and supervisor, the name and address of

the foster care agency, and the contact number of the Parents' and Children's Rights Helpline of the ACS Office of Advocacy (212-341-4883).

3. Provide the parent with a list including, but not limited to, social or

rehabilitative services available in the community such as family visiting services to aid in the development of a meaningful relationship between the parent and the child:

4. Provide additional information to parents about transitional and family

support services located in the community to which a parent participating in a treatment program can return.

5. Notify the FCLS attorney and the Court, as appropriate, of the parent's

participation in residential substance use disorder treatment.

B. Additional Responsibilities of the Case Planner: The case planner must notify the parent of any significant changes with the child. The case planner must:

1. Promptly notify the parent if the foster care case is transferred, and

provide the parent with the new case planner's contact information.

2. Promptly notify the parent if the child is moved from one placement to another.

3. Promptly notify the parent if the child is admitted or discharged from a

hospital.

4. Keep the parent apprised of the child’s health, development, overall behavior, and progress in school.

4 "Parent" shall include a parent in residential treatment facility (male or female) unless otherwise

qualified. See SSL § 384-b (2) (b). If there is doubt regarding legal status of a parent, case planners should consult the FCLS attorney.

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5. Provide the parent with copies of the child's medical reports and

educational reports as permitted by New York State regulations.5 6. Consult the parent regarding consent6 for medical care of the child (unless

parental rights have been terminated or surrendered).

V. Visiting,7 Permanency Planning, and Minimum Casework Contact Requirements8

A. Permanency Planning ACS must make reasonable efforts to finalize the child’s permanency plan. The permanency plan must reflect the special circumstances9 and needs of the child and the family. Unless the Court has made a determination that reasonable efforts to reunify are no longer required, the case planner must pursue reunification efforts with a parent in a residential treatment program as with any other parent if the goal is Return to Parent. If the child’s goal is no longer Return to Parent, the case planner must make reasonable efforts to achieve the alternative permanency planning goal, as well as planning with the parent until his or her rights are terminated.

B. Parent-Child Visiting Requirements

1. Regardless of the permanency plan, in a child protective case, the case

planner must make suitable arrangements for a parent to have visits with the child at the residential treatment program, unless such visiting is not permitted by the facility/program or would pose a risk to the child's physical or emotional safety.10

2. If the case planner determines that there is a risk to the physical or emotional safety of the child, then the case planner must immediately contact the FCLS attorney to discuss seeking the Court's modification of the visiting order and must document the reason the child is not having visits in CNNX.

5 See 18 NYCRR § 357.3. 6 See ACS Policy and Procedure #2014/08 Medical Consents for Children in Foster Care. 7 See ACS Policy and Procedure #2013/02 Determining the Least Restrictive Level of Supervision Needed During Visits for Families with Children in Foster Care. 8 See ACS Guidance #2007/02 (revised 3/30/10), Revised Casework Contacts for Families with Children in Foster Care. 9 See SSL §384-b (3) (l) (i) (D). 10 This standard applies in Article 10 cases pursuant to Family Court Act § 1030.

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3. Unless otherwise ordered by the Court, the case planner must arrange a minimum of biweekly face-to-face visits between the child and the parent in a residential treatment program if the parent is located in New York State, New Jersey, Connecticut, or Pennsylvania:

a. The case planner must make suitable arrangements for the visits to

occur at the facility unless they are not permitted by the residential drug treatment facility or would pose a risk to the child's physical or emotional safety.

b. If the case planner assesses that the visits pose a physical or emotional

risk to the child, the case planner must contact the FCLS attorney so that FCLS can immediately seek to modify the court order.

4. Additional contacts besides the required once biweekly face-to-face

parent-child visit may be conducted by telephone or videoconference to the extent allowed by the facility, taking into account the schedules of the child and the foster parent. Foster parents are reimbursed for collect calls by the provider agencies,11 and the provider agencies are then reimbursed by ACS as part of Special Payments.

5. The case planner must facilitate supervision for the visits at the residential

treatment program. To the extent that the program has staff and is willing to supervise visits, the case planner may decide to arrange for program staff to supervise visits when appropriate. However, the case planner is the primary person responsible for facilitating the visits.

6. For parents in residential treatment programs located outside of New York

State and the surrounding states, face-to-face-parent-child visits must be considered on a case-by-case basis unless they are court-ordered, in which place they must take place even if they are beyond this zone.12

7. In most instances, parent-child contacts for parents in residential

treatment programs located outside of New York State and the surrounding states must be conducted by telephone or videoconference if available.

8. Parents retain visiting rights until their rights are terminated or a court has

suspended visits. A goal change does not eliminate the case planner's obligation to arrange parent-child visits. Unless otherwise ordered by the

11 See 18 NYCRR § 427.3 (c)(2)(v)(e). 12 See 18 NYCRR § 427.3(c)(2)(v), which provides that agencies can be reimbursed for "exceptional transportation" costs related to family visits, defined as above 50 miles.

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court, visits between the child and a parent who is in a residential treatment program must continue even after the permanency planning goal has been changed from reunification to adoption or placement with a relative.

9. If the child is placed pursuant to a Voluntary Placement Agreement, PINS

docket, destitute child petition, or juvenile delinquency docket, the case planner must arrange visits if such visiting is in the best interest of the child.

C. Casework Contacts

1. The case planner must confirm a parent's location and document the

information, as well as efforts to obtain that information, in CNNX. 2. The case planner must conduct the minimum face-to-face casework

contacts with parents in residential treatment programs, as outlined in the ACS Foster Care Quality Assurance Standards,13 to the extent permitted by the facility's rules and regulations and OCFS regulations.14 Such casework contacts are not required when a parent is located outside of New York State and the surrounding states. Other forms of casework contact such as telephone or videoconference, if available, are still required for permanency planning. The case planner must document efforts to obtain information from the parent regarding family functioning and identification of other relatives in the event that placement for the subject child is needed.

VI. Arranging Child Safety and Permanency Planning Conferences

A. The case planner must, whenever possible, provide parents in residential

treatment programs with adequate, advance written notification of the date and time of any Child Safety Conference (CSC), the initial family service plan meeting, the subsequent Permanency Planning Conferences (Service Plan Reviews), and Family Team Conferences (FTC). The case planner must make reasonable efforts to include parents in the meetings via teleconference or videoconference. The parent may be able to provide information at the CSC about relatives who could serve as permanency resources for a child placed in foster care. A parent's participation in FTCs is important to facilitate permanency planning and to promote the well-being of the child. As in other

13 Available via Docushare: http://10.239.3.195:8080//docushare/dsweb/ApplySimpleSearch 14 See § 18 NYCRR 441.21(b)(3).

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cases, the case planner must send the parent a copy of the service plan within 10 days of its completion.

B. The permanency plan must reflect the special circumstances and needs of the

child and the family.15 The case planner must advise a parent in a residential treatment program to contact his or her substance use disorder treatment counselor to request access to any available videoconferencing equipment or facilities.

VII. Determining Whether to File a TPR Petition

A. Decisions about when it is appropriate to file a TPR petition must be based on

a case-by-case assessment and determination of what is in the child's best interests. The need for timely permanency, the parent's cooperation and positive change in accord with the service plan, the child's safety if discharged to either the respondent parent or the non-respondent parent, and the desire to prevent children from remaining in foster care longer than necessary are always critical and must be considered in conjunction with federal and state statutory guidelines for filing a TPR petition.16

B. The Adoption and Safe Families Act (ASFA) of 1997 was enacted in order to

expedite permanency for children in foster care. Title IV-E of the Social Security Act, as amended by ASFA, requires agencies to file a TPR petition when a child has been in foster care 15 of the last 22 months, unless there is a compelling or other reason for not filing such a petition. New York State enacted comparable ASFA legislation: Chapter 145 of the Laws of 2000.17

C. Chapter 113 of the Laws of 2010, which was signed into law on June 15, 2010,

amended Social Services Law § 384-b by adding additional considerations to the requirement that social services districts file petitions to terminate parental rights when a child has been in foster care for 15 of the most recent 22 months. Chapter 113 was enacted in order to address the specific issue of foster children with parents who are currently in residential treatment programs or whose past participation in a residential treatment program was a significant factor in the child's remaining in foster care for 15 of the most 22 months.

D. Exceptions to the Requirement to File a TPR May Apply in the Following

Instances:

15 See SSL § 409-e (2). 16 See ACS Policy and Procedure #2013/03, Permanency Planning. 17 For more information about compelling and other specified reasons not to file a TPR, refer to 18 NYCRR § 431.9(e)(2), 98 OCFS INF-3,17 and ACS Policy and Procedure #2013/03, Permanency Planning.

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1. A parent is participating in a residential treatment program; or 2. A parent's past participation in a residential treatment program was a

significant factor in the child's remaining in foster care for 15 of the most recent 22 months; and

3. The parent maintains a meaningful role in the child's life;18 and

4. The agency has not documented a reason why it would be otherwise

appropriate to file a petition to terminate parental rights. 5. An exception to the requirement to file a TPR can only be made if these

requirements are met.19

E. Gathering Evidence of a "Meaningful Role"

1. The case planner must assess whether a parent maintains a meaningful role in the child's life. In assessing whether a parent maintains a meaningful role in his or her child's life, the case planner must gather input from individuals and agencies in a reasonable position to help make this assessment, including but not limited to, the authorized agency, the child’s attorney, the parent, the child,20 the foster parent or other individuals of importance in the child's life, and the parent's attorney or other individuals providing services to the parent, including mental health and treatment program personnel.21 Note: The court may make an order directing the authorized agency to undertake further steps to aid in completing its assessment.

2. An assessment of whether a parent maintains a meaningful role may

include the following:22

18 In order to help determine whether a parent's participation in a residential treatment program would

justify a decision not to file a TPR petition, the law requires the case planner to determine whether the parent maintains a meaningful role in the child's life.

19 This is the case unless other exceptions apply. The other exceptions include when the child is being cared for by a relative or relatives; the agency has documented in the most recent case plan a compelling reason for determining that the filing of a petition would not be in the best interest of the child; or the agency has not provided to the parent such services as it deems necessary for the safe return of the child to the parent, unless such services are not legally required. See ACS Policy and Procedure #2013/03, Permanency Planning.

20 The case planner must consult with the child, when such consultation is developmentally appropriate, regarding the quality of the child's relationship with the parent.

21 See SSL §384-b (3) (l) (v). 22 See 11-OCFS-ADM-7.

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a. A parent's expression or acts demonstrating concern for the child, such as letters, telephone calls, visits, participation in planning,23 connections on holidays, birthdays and other significant dates, via parent-initiated 3rd parties ( i.e., parent asking family, friends or an organization to connect with child in place of the parent on special dates); and other forms of communication with the child; communication with foster care agency staff; and participation in all required activities to the extent possible given the parent's participation in residential substance use disorder treatment;

b. Efforts by the parent to communicate and work with his or her

attorney, the case planner, the child's attorney, the foster parent, the court, and other individuals providing services to the parent, such as mental health and substance use disorder treatment program staff;

c. Whether the continued involvement of the parent in the child's life is in

the child's best interest; and The quality of the parent’s interaction and relationship with the child as observed and documented.24

3. In order to help determine whether the participation of a parent in a

residential treatment program would justify a decision not to file a TPR petition, the case planner is encouraged to consider factors which may include the following:25

a. Whether the parent was the child's primary caregiver prior to the

child's placement; b. The parent's role in the child's life prior to entering a residential

treatment program; c. The parent's current role in the child's life, and the quality of the

parent-child interaction and relationship; d. The age of the child at the time of his or her placement; e. The length time of the parent's period of participation in a residential

treatment program, and whether or not the parent has been exposed to any responsive evidenced-based practice treatment;

f. The length of time the child has been in care; g. The child's primary attachment;

23 See SSL §384-b (3) (l) (v). 24 See 11-OCFS-ADM-7 Incarcerated Parents and Parents in Residential Substance Abuse Treatment with

Children in Foster Care: Termination of Parental Rights and Other Issues, 6/15/11; and SSL § 384-b (3) (l).

25 See 11-OCFS-ADM-7.

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h. Any special needs or vulnerabilities of the child; i. Whether older children are in support of a TPR; and j. Whether the parent has addressed safety concerns, if any exist.

F. Barriers that May Impede the Ability of a Parent in a Residential Treatment

Program to Maintain a Meaningful Role in His or Her Child's Life

1. The case planner must be aware that there are barriers that impede the ability of a parent in a residential treatment program from maintaining a meaningful role in his or her child's life. These barriers may include the conflicts between Family Court appearances and the programming requirements of the facility. The case planner must also be aware of the limitations parents in residential treatment programs often face in interacting with their children during visits, such as:

a. The parent may lack the finances to send letters or call his or her child

regularly;

b. The parent may not be allowed by the foster parent to call the home or call collect;26 and

c. Irregular visits may occur due to circumstances beyond the parent's

control, which may in turn affect the quality of the parent's interaction with the child.

2. The case planner must make attempts to alleviate these barriers, and document these attempts in CNNX.

3. If the case planner determines that a TPR will not be filed, the case planner

must explore other plans including the seeking of legal custody and guardianship by family members or other identified individuals, subsidized kinship guardianship (KinGAP), voluntary or conditional surrender of parental rights, and open adoption.27

VIII. Documentation

A. Division of Child Protection (DCP) caseworkers and foster care provider staff

must document in CNNX progress notes their efforts to locate and engage parents in residential treatment programs when investigating and developing a child's service and permanency plans.

26 The case planner must work with both the foster parent and parent to build a relationship that allows for planned phone contact between the parent and the child in the foster home. 27 See ACS Policy and Procedure #2013/03, Permanency Planning.

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B. Specifically, staff must document the parent/child assessment and best

interest determination in the child's periodic Family Assessment and Service Plan (FASP). All efforts made to achieve the child's permanency goal must be documented in the case record and shall include, but not be limited to, the following:

1. Actions taken to locate the parent after learning the parent has entered a

residential treatment program; 2. Providing the parent with the OCFS parents' rights document, a listing of

local social and rehabilitative services, and a release of information form as soon as the case planner has located the parent;

3. Providing the parent with contact information, including the name of case

planner and supervisor and the foster care agency; 4. Explaining the reason that the child has entered foster care, if not already

known; 5. Identifying family or other relatives the parent would like the agency to

explore as resources to care for the child during the parent's participation in a residential treatment program; and encouraging their involvement in joint meetings;

6. Providing referrals to the parent, including housing assistance, drug

treatment, and parenting classes; 7. Coordinating what services are offered in the program that may be

appropriate for the parent and providing service referrals to the parent in the community upon release.

8. Notifying and inviting the parent to participate in permanency planning

conferences in person or via teleconferencing or videoconferencing; 9. Arranging for the parent to participate in the development of a child

visiting plan; 10. Providing the parent with a copy of the service plan within 10 days of the

FTC; 11. Notifying the parent of court dates;

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12. Notifying the parent when a new case planner is assigned, along with the case planner's contact information;

13. Notifying the parent when his or her child has moved from one placement

to another; 14. Notifying the parent when his or her child has been admitted or discharged

from a hospital; 15. Updating the parent on the child's health and development, overall

behavior and progress in school; 16. Providing the parent with copies of medical reports (excluding information

about HIV and sexual reproductive health care services) and educational reports; and

17. Consulting the parent in the consent of the medical care of the child

(unless parental rights have been terminated).28

IX. Procedures

A. Once the case planner has information that a foster child has a parent who is in a residential treatment program, the case planner must:

1. Obtain the parent's full name, date of birth, and additional information, if

available. 2. Document the parent's location and mailing address and collateral

(alternate appointed family member) contact information in a CNNX progress note after obtaining the information.

3. Assess and determine whether visiting with the parent in the residential

treatment program is in the best interests of the child, and document his assessment in CNNX (refer to Section VII).

B. Upon making the determination that parent-child visits should be arranged,

the case planner must: 1. Provide (preferably during a casework contact) to the parent the OCFS

document entitled You Don't Have to Stop Being a Parent While You are in a Residential Treatment Facility.

28 See ACS Policy/Procedure #2014/8, Medical Consents for Children in Foster Care.

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2. Provide to the parent, and have he or she sign Attachment A, Authorization for Release and Sharing of Confidential Chemical Dependency OASAS Patient/ACS Client Information; and

3. Establish communication with the parent through the primary counselor at

the residential treatment program.

Attachment A

You have the right to:Help find an appropriate person, such as a friend or relative, to care for your child. If this person needs financial or other assistance, he/she can apply for a “child only” temporary assistance grant or to become certified or approved as a foster parent for your child. If you are unable to make such an arrangement, your child will be placed with a foster parent or in another setting, such as a group home.

Be informed about the foster care agency responsible for your child’s care, the name of your child’s caseworker, and how to contact the caseworker and his/her supervisor. You should be notified in a timely manner if your child’s caseworker changes.

Know how to reach your family caseworker, if that person is different from your child’s caseworker.

Participate in permanency planning for your child (see reverse side).

Take advantage of services to help you address the issues that led to your child’s placement in foster care (parenting classes, substance abuse treatment, etc.).

Participate in meetings about your Family Service Plan (see reverse side).

Get information about family visiting and other services that can help you build a meaningful relationship with your child while you are in treatment and after your release.

Visit with your child unless the court orders otherwise. Ask about video/teleconferencing if in-person visits are not possible. If you are not having regular visits with your child or you are dissatisfied with your visits, contact your child’s caseworker, his/her supervisor, or your attorney.

Be kept up to date on your child’s health and development and his/her progress in school.

Be assigned an attorney to represent you in your child’s Family Court case, if you are financially eligible. Speak with your attorney if you have any issues with the foster care agency or the court. Your attorney is your advocate and should keep you informed about your case.

Attend Family Court proceedings. If you know of an upcoming court date, talk to your attorney, caseworker, and treatment provider about making arrangements for you to attend court.

You don’t have to stop being a parent while you are in a residential substance abuse treatment facility.

What is termination of parental rights?Termination of parental rights (TPR) ends the legal relationship between a parent and child and frees the child to be adopted.

A petition to terminate parental rights can be filed for a number of reasons described in New York State Social Services Law 384-b. For example,

when a child has been in foster care for six months or more and the parent has had no significant contact with the child, the foster care agency, or the social

services agency, the agency can file a TPR for abandonment.

If a child is in foster care for 12 consecutive months or 15 of the most recent 22 months and the parent has failed either to maintain contact with the child or to plan for the child’s future, the agency can file a TPR for permanent neglect if it has made diligent efforts to work with the parent. The agency does not have to make these efforts if the parent moves and fails to provide new contact information to the agency.

The law allows the agency to decide not to file a TPR for a number of reasons: if the child is living with a relative foster parent, if there is a compelling reason why TPR is not in the child’s best interests, or if the parent is incarcerated or in a residential substance abuse treatment program and has maintained a meaningful role in the child’s life. These decisions are made on a case-by-case basis, with a focus on the best interests of the child.

You can help keep your parental rights by:

— Arranging for an appropriate friend or relative to care for your child while you are in treatment.

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What is permanency planning?In general, foster care is a temporary arrangement — permanency is a primary goal for every child in foster care. Possible permanency goals for a child include:

— Return to parent(s).

— Referral for legal guardianship with a relative. This may include participation in the Kinship Guardianship Assistance Program.

— Permanent placement with a fit and willing relative or other suitable person.

— Surrender of parental rights or termination of parental rights and placement for adoption.

— Another permanent, planned living arrangement with a significant connection to an adult. This goal may be appropriate for an older child who is ready to live independently.

Pub. 5114 (Rev. 01/2016) Page 2 of 2

— Staying in touch with your child, your child’s caseworker, and your attorney.

— Attending planning meetings and court proceedings.

— Visiting with your child as often as possible.

If your child is in foster care, you have the responsibility to:Make regular contact with your child. Although this can be difficult while you are in a residential treatment program, you are expected to make efforts to communicate with your child unless there is a court order prohibiting such contact. Even if that is the case, you should stay in contact with the agency caseworker. You must be able to show your caseworker and the judge that you have made every effort to stay in contact with your child and/or the foster care agency caseworker. It is a good idea to:

— Keep all the papers you receive about your case.

— Keep a list of all scheduled visits with your child (even if they didn’t happen).

— Document all the phone calls you make to the caseworker, your child, and your child’s caregiver (even if you left a message or no one answered the phone).

— Make a copy of every letter, birthday card, or other mail you send your child.

Show that you are planning for your child’s future. Find someone to care for your child while you are away.

Stay in touch with your child’s caseworker, your family caseworker, and your attorney. Notify the foster care agency if you are released, you are transferred to another facility, or your address changes. If you haven’t had contact with the foster care agency or your child for six months, it can be considered abandonment of your child and a petition could be filed to terminate your parental rights.

Complete any programs your Family Service Plan requires. Work with the foster care agency to finish the goals stated in your Family Service Plan (see box below).

Participate in Family Court proceedings. Contact your attorney if you have questions or concerns and arrange to talk before every court date. Make sure your attorney has copies of any documents relevant to your service plan or to the case. If you can’t go to court for an important reason, notify your attorney, your caseworker, and the judge.

What is a Family Service Plan?The Family Service Plan outlines your child’s permanency goal and the services required to achieve that goal. The plan should include steps you are expected to take to achieve that goal.

— Your plan should take into account the special challenges facing you and your family due to your placement in a residential substance abuse treatment facility.

— You have a right to participate in regular Service Plan Reviews (SPRs). SPRs begin 60 to 90 days after the child is placed in foster care and are held every six months thereafter. If you can’t be there in person, you can participate via phone or videoconference, if available. This can be arranged through your treatment provider and foster care agency caseworker.

— You should receive two weeks’ notice when SPRs are scheduled and you should get a copy of the Family Service Plan within 30 days after the SPR.

www.ocfs.ny.gov