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The purpose of this Administrative Directive (ADM) is to inform social services districts (districts) and voluntary authorized agencies (agencies) of Chapter 113 of the Laws of 2010 (Chapter 113) which was signed into law on June 15th, 2010. Chapter 113 amends Social Services Law 384-b by adding additional considerations to the requirement that social services districts file petitions to terminate parental rights (TPR) when a child has been in foster care for 15 of the most recent 22 months. An exception to the requirement to file a TPR may apply to some parents who are currently incarcerated or in a residential substance abuse treatment program or to parents whose past term of incarceration or participation in a residential substance abuse treatment program was a significant factor in the child’s remaining in foster care for 15 of the most recent 22 months. In such cases, before filing a TPR petition the agency must assess whether the parent maintains a meaningful role in the child’s life and whether terminating the parent’s rights is in the child’s best interests. For purposes of this law, the term "incarceration" includes a parent’s placement in Office of Children and Family Services’ (OCFS) custody.
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