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I. Purpose
The purpose of this directive is to provide policy implications and
guidance to social service districts and voluntary child caring agencies
which serve foster children and their families regarding Chapter 725 of the
Laws of 1992, pending issuance of amended regulations. This directive also
advises districts and agencies of the Department's interim implementation
procedures for Chapter 725. Chapter 725 of the Laws of 1992, which became
effective on July 31, 1992, amends Sections 409-e and 409-f of the Social
Services Law (SSL). Primarily these amendments:
° require that in foster care cases specified information be
documented in the case assessment; and that assessment and
service plan information be given to the parent or guardian of a
child entering foster care, to the counsel for the parent or
guardian and to the child's law guardian.
Chapter 725 of the Laws of 1992 requires this Department to issue
implementing regulations. Those regulations are being developed. Until the
regulations are promulgated, we must operate under existing regulations
which permit social services districts and voluntary child care agencies to
share only certain information and to share that information only with the
child's family. Therefore, this directive provides guidance as to what
information may and may not be shared with the child's parent or guardian
under the authority of existing regulations. Moreover, in the absence of
regulatory authority to share any such information with the counsel for the
parent or guardian or the child's law guardian, no such information may be
shared at this time without a court order.
We are in the process of amending Department regulations to allow for
full compliance with Chapter 725 of the Laws of 1992. As always, you will
have an opportunity to comment upon these regulations prior to final
promulgation.
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