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The purpose of this Informational Letter (INF) is to remind social services districts and voluntary authorized agencies of anticipated changes in New York State statute regarding criminal history record check requirements. Such changes will reflect federal statutory mandates that must be enacted by October 1, 2008. These anticipated changes will cause New York State's standard to require that applicants to become foster and adoptive parents who were convicted of certain categories of felonies, or persons who have already been certified or approved to be foster or adoptive parents who are subsequently (after October 1, 2008) convicted of certain categories of felonies, must be disqualified from becoming foster or adoptive parents, or must have their certification or approval revoked. The changes in New York State law have not taken effect as of yet. However, legislation authorizing this change has been introduced in the state legislature, is expected to be enacted, and has an October 1, 2008 effective date. Because the disqualification/revocation will be mandatory, this INF offers some recommendations and suggestions on how to avoid situations that may prevent the continued placement of a child in an otherwise suitable home, and to prevent the unnecessary disruption of an otherwise appropriate placement. This guidance is the same as provided in 07-OCFSADM-01, issued February 7, 2007 (see pages 29-31).
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