The New York State Office of Children and Family Services (OCFS) is an agency of the New York state government.Executive Law § 500. "There is hereby continued in the department of family assistance an autonomous office of children and family services. The head of such office shall be the commissioner of children and family services, [...]"The Welfare Reform Act of 1997, Chap. 436 of the Laws of 1997, § 122. "(a) Notwithstanding any inconsistent provision of law to the contrary, effective April 1, 1997, the department of social services, as established by chapter 55 of the consolidated laws of the state of New York, is hereby renamed the department of family assistance. Within the department there shall be the following autonomous offices: (1) the office of children and family services; and (2) the office of temporary and disability assistance. (b) The head of the office of children and family services shall be the commissioner of children and family services and the head of the office of temporary and disability assistance shall be the commissioner of temporary and disability assistance. [...]" OCFS has wide-ranging responsibilities for the provision of services to children, youth, families, and vulnerable adults.
The agency is responsible for programs and services involving child protective services, including operating the Statewide Central Register of Child Abuse and Maltreatment; preventive services for children and families; foster care, adoption, and adoption assistance; juvenile justice programs, administering and managing residential facilities located across New York State for youth remanded to the agency's custody by family and criminal courts; and child care and referral programs. Additionally, OCFS is responsible for protective programs for vulnerable adults. The agency also supports and monitors detention, aftercare, and a range of community-based programs. OCFS also coordinates, in part, the state government response to the needs of Native Americans and their children on reservations and in communities.
Prevention and rehabilitation efforts are joint ventures with local and county government, supported by federal, state, county, and municipal funds, as well as private contributions. OCFS provides technical and financial assistance to agencies involved in community youth programs and monitors activities of voluntary child-care and detention agencies in New York State.
The office has its headquarters in the Capital View Office Park in Rensselaer."Contact New York State Office of Children & Family Services." New York State Office of Children and Family Services. Retrieved on June 3, 2010. "Capital View Office Park 52 Washington Street Rensselaer, New York 12144-2834" Along with the Office of Temporary and Disability Assistance it is part of the pro forma Department of Family Assistance.
Foster care
OCFS sets policy and standards for New York's foster care system, administered locally by social services districts (LDSSs: counties and NYC) and voluntary authorized agencies (VAs). OCFS licenses, inspects, and supervises residential facilities caring for dependent, neglected, abused, maltreated, abandoned, or delinquent children, and issues the operating certificates such facilities require.Social Services Law §§ 460-b, 460-c. Placements must be in the least restrictive, most home-like setting appropriate to the child, and children under 10 may not ordinarily be placed in group homes or group residences without OCFS approval.Social Services Law § 398(6)(g)(1). 18 NYCRR § 430.11(d)(1), (f). A central component of the system is permanency planning, under which districts and agencies are required to make and document diligent efforts toward achieving a permanent placement outcome for children from the temporary status of foster care.18 NYCRR § 430.12.
Under the federal child and family services review (CFSR) system, stable placement and stability in their living situations are part of the first permanency outcome.(b)(1)(ii). The continuity of family relationships and connections is the other permanency outcome; frequent, high-quality family time helps maintain relationships, improve adjustment, and support lasting reunification.
Delinquents placed with the county go to the same group homes and institutions as abused and neglected children. The non-delinquent children there live under the same house rules and face the same bullying and peer influence.
There are several different types of child-care agencies and institutions.18 NYCRR § 441.2(e), (f). A foster family boarding home is a certified or approved home run by one person or family for up to 6 children (up to 8 with the sibling or adoption exception), including designated emergency foster family boarding homes.Social Services Law § 371(15). 18 NYCRR § 443.1(i). 18 NYCRR § 446.2. An approved home is a relative's foster home approved by letter of approval, and includes approved emergency relative foster homes.18 NYCRR § 443.1(d), (f), (g). An institution is a facility operated by a child-care agency for 13 or more children, and a group residence is an institution of no more than 25 children.18 NYCRR § 441.2(f), (g). A group home is an agency-controlled family-type home for 7 to 12 children aged 5 or older, sitting between an agency boarding home (6 or fewer) and an institution (13 or more).Social Services Law § 371(17). 18 NYCRR § 441.2(h). An agency boarding home is a family-type home run by an authorized agency on premises it controls, for up to 6 children, with an exception allowing more than 6 siblings from the same family.Social Services Law § 371(16). 18 NYCRR § 441.2(i). A therapeutic foster parent has specialized training for children with significant behavioral, emotional, physical, or health needs.Social Services Law §§ 371(20), 374-e, 398(6)(p), (15). 18 NYCRR §§ 427.6(e)-(f), 435.3(b).
OCFS implements these requirements through administrative directives (ADMs), Family Assessment and Service Plan (FASP) procedures, and the CONNECTIONS case-management system. The agency also establishes statewide requirements for caseworker contacts, visitation planning, permanency hearings coordination, and transition planning for older youth.
Juvenile justice
A juvenile delinquent is generally a 12- to 17-year-old who committed an act that would be a crime if done by an adult; a juvenile offender is a 13-year-old charged with second-degree murder, or a 14- or 15-year-old charged with enumerated violent or sexual felonies; and an adolescent offender is a 16- or 17-year-old charged with a felony.Family Court Act § 301.2(1). Penal Law § 10.00(18). Criminal Procedure Law § 1.20(42), (44).
A secure facility is a locked residential facility; a limited secure facility is an intermediate level which, under the Close to Home initiative, is an institution, group residence, group home or agency boarding home approved to house juvenile delinquents; and a non-secure facility is the least restrictive level.Executive Law § 504-a(1). Family Court Act § 301.2(5), (10). 18 NYCRR § 450.2(b). Detained adolescent offenders must be held in a specialized secure juvenile detention facility for older youth.Executive Law § 502(3).
Structure
OCFS administrative guidance, binding and quasi-binding, include:
Administrative directives (ADMs) – mandatory implementation Informational letters (INFs) – interpretation and guidance Local commissioners memoranda (LCM) – administrative direction to local districts
The agency divides its responsibilities into two main areas: program and support. The program divisions/offices include:
Division of Child Welfare and Community Services Division of Juvenile Justice and Opportunities for Youth Division of Youth Development and Partnerships for Success Office of Juvenile Justice Oversight and Improvement Division of Child Care Services Commission for the Blind
The support divisions/offices include:
Division of Administration Division of Legal Affairs Office of Communications Office of Strategic Planning and Policy Development Office of Special Investigations Office of Equal Opportunity and Diversity Development Office of the Ombudsman
OCFS has regional offices in Albany, Buffalo, New York City, Rochester, Syracuse, and Westchester and Long Island. The Regional Offices help districts and agencies keep children safe, achieve permanency, and improve the quality of life for children and families. Regional offices provide "oversight" to local districts and voluntary agencies. The responsibility to provide oversight is defined as (1) assuring compliance with OCFS regulations, (2) reinforcing good practice standards, and (3) improving district/agency capacity to achieve positive outcomes for children and families.
The agency's Bureau of Training maintains the Parker Training Academy. Located on the academy grounds is a Dutch barn added to the National Register of Historic Places in 2007.
The state Council on Children and Families develops comprehensive and coordinated systems of care that respond to the wide needs of children and families.
There also exist three citizen review panels for Western New York, Eastern New York, and New York City, each with thirteen members, to examine the policies, procedures, and practices of the state's child welfare system and the extent to which it effectively discharges its child protection responsibilities in accordance with its state Child Abuse Prevention and Treatment Act (CAPTA) plan.Social Services Law § 371-b. (c).
History In 1867 a Board of State Commissioners of Public Charities was created to visit and examine into the affairs of all charitable institutions. Chapter 951, enacted 23 May 1867, effective immediately.Matter of Bonez, 50 Misc. 2d 1080, 272 N.Y.S.2d 587 (N.Y. Misc. 1966) In 1875 the Children's Law removed children from poorhouses. Chapter 173, enacted 24 April 1875. In 1894 a constitutional convention enacted a provision requiring the Legislature to establish a State Board of Charities to visit and inspect all institutions.NYS Constitution Art. VIII, § 11. Chapter 546, enacted 12 May 1896, effective 1 October 1896. In 1909 the Poor Law was consolidated in chapter 42, and the State Charities Law in chapter 55, of the Consolidated Laws of New York. Chapter 46 of the Laws of New York, enacted 17 February 1909, effective immediately. Chapter 57 of the Laws of New York, enacted 17 February 1909, effective immediately. The Public Welfare Law superseded the Poor Law in 1929. Chapter 565, enacted 12 April 1929, effective immediately and 1 January 1930. In 1931 they were renamed as the Department of Social Welfare and the State Board of Social Welfare. Chapter 654, enacted 15 April 1929, effective immediately.