NYS Social Services Law: 358-a. Dependent children in foster
care.
(11) Siblings, placement and visitation. (a) In reviewing any
petition brought under this section, the court shall inquire if the
social services official has arranged for the placement of the child
who is the subject of the petition with any minor siblings or
half-siblings who are placed in care or, if such children have not
been placed together, whether such official has arranged for regular
visitation and other forms of regular communication between such
child and such siblings.
(b) If the court determines that the subject child has not been
placed with his or her minor siblings or half-siblings who are in
care, or that regular visitation and other forms of regular
communication between the subject child and his or her minor siblings
or half-siblings has not been provided or arranged for, the court may
direct such official to provide or arrange for such placement or
regular visitation and communication where the court finds that such
placement or visitation and communication is in the child`s best
interests. Placement or regular visitation and communication with
siblings or half-siblings shall be presumptively in the child`s best
interests unless such placement or visitation and communication would
be contrary to the child`s health, safety or welfare, or the lack of
geographic proximity precludes or prevents visitation.
NYS Social Services Law: 384-a. Transfer of care and custody of
children.
1-a. Prior to accepting a transfer of care and custody, a local
social services official shall conduct an immediate investigation to
(a) locate relatives of the child and to determine whether the child
may appropriately be placed with a suitable person related to the
child and whether such relative seeks approval as a foster parent
pursuant to this chapter for the purposes of providing care for such
child, or wishes to provide care and custody for the child until the
parent or other person responsible for the care of the child is able
to resume custody; and (b) identify minor siblings or half-siblings
of the child and to determine whether such siblings or half-siblings
have been or are being transferred to the care and custody of such
official. Such official shall provide or arrange for the provision of
care so as to permit the child and his or her minor siblings or
half-siblings to be placed together unless, in the judgement of such
official, such placement would be contrary to the best interests of
the children; whereupon, such official shall provide or arrange for
regular visitation and other forms of regular communication between
such children unless, in the judgement of such official, such
visitation and communication would be contrary to the best interests
of such children. Placement or regular visitation and communication
with siblings or half-siblings shall be presumptively in the child`s
best interests unless such placement or visitation and communication
would be contrary to the child`s health, safety or welfare, or the
lack of geographic proximity precludes or prevents visitation.
The following NYS regulations were effective July 26, 1988:
431.10 Placement in foster family care of children who are siblings. (a) Foster children who are siblings or half-siblings must not be unnecessarily separated. The local social services district is responsible for ensuring that diligent efforts are made to secure a foster family boarding home which is willing and able to accept the placement of the siblings together, unless placement together is determined to be detrimental to the best interests of the siblings. Such efforts must be documented in the case record in accordance with section 428.6(b)(6) of this Title.
(b) A social services district may make a decision that minor siblings or half-siblings should be separated only if placement together is determined to be contrary to the health, safety, or welfare of one or more of the children after consultation with, or an evaluation by, other professional staff, such as a licensed psychologist, psychiatrist, other physician, or certified social worker. Factors to be considered in making a determination of whether siblings or half-siblings should be placed together must include, but are not limited to:
(1) the age differentiation of the siblings;
(2) the health and developmental differences among the siblings;
(3) the emotional relationship of the siblings to each other;
(4) the individual services needs;
(5) the attachment of the individual siblings to separate families/locations; and
(6) the continuity of environment standards pursuant to section 430.11(c) of this Title.
The factors used by social services districts to determine that siblings or half-siblings should be placed together must be documented in accordance with section 428.6 of this Title.
(c) If minor siblings or half-siblings are placed apart in foster family boarding homes and/or agency operated boarding homes on an emergency basis, they must be reunited within 30 days unless the social services commissioner or a designated representative determines it is contrary to the best interests of one or more of the siblings to be placed together, after a careful assessment in accordance with subdivision (b) of this section.
(d) Foster parents must be informed if any child placed with them has siblings or half-siblings, and if so, the location of the siblings or half-siblings.
(e) Authorized agencies are responsible for ensuring that diligent efforts are made to facilitate regular biweekly visitation or communication between minor siblings or half-siblings who have been placed apart, unless such contact could be contrary to the health, safety, or welfare of one or more of the children, or unless lack of geographic proximity precludes visitation.
421.2 Principles of adoption services.
(e) Minor siblings of half-siblings who are free for adoption
must be placed together in a prospective adoptive family home unless
the social services district determines that such placement would be
detrimental to the best interests of one or more of the children.
Such a determination can be made only after a careful assessment in
accordance with section 421.18(d) of this Part establishes that such
placement would be contrary to the health, safety or welfare of one
or more of the children. The placement decision must be fully
documented in the case record.
421.8 Services to children. Authorized agencies shall:
(g) provide or arrange for all services necessary to ensure that
siblings and/or half-siblings are placed together, unless
contraindicated, in accordance with sections 421.2(e) and 421.18(d)
of this Part.
421.18 Special provisions for adoptive placement. Each
authorized agency shall:
(b)(1) At the time prospective adoptive parents indicate a desire to
adopt a particular child, inform such parents if the child has minor
siblings or half-siblings, and, if so, whether the minor siblings are
free for adoption. Such parents must be asked if they would also be
willing to adopt the child's minor siblings or half-siblings who are
free for adoption.
(2) Discuss with the adoptive parents their willingness to facilitate
contact between the adopted child and any siblings or half-siblings
of such child, and inform the adoptive parents of the availability of
services, if any, to assist in establishing and maintaining sibling
contact.
(d) Make placement decisions on the basis of the best interests of
the child, including, but not limited to:
(3) the requirement of authorized agencies to place minor siblings or
half-siblings together in accordance with section 421.2(e) of this
Part, unless the social services district has determined such
placement to be detrimental to the best interests of one or more of
the child(ren). Such a determination must establish that such
placement would be contrary to the health, safety or welfare of one
or more of the children after consultation with, or an evaluation by,
other professional staff, such as a licensed psychologist,
psychiatrist, other physician, or certified social worker. Factors to
be considered in making a determination of whether siblings or
half-siblings should be placed together must include, but are not
limited to:
(i) the age differentiation of the siblings;
(ii) the health and developmental differences among the siblings;
(iii) the emotional relationship of the siblings to each other;
(iv) the individual services needs;
(v) the attachment of the individual siblings to separate families/locations.
The factors used by social services districts to determine that siblings or half-siblings are to be placed separately must be documented in the uniform case record in accordance with section 428.6 of this Title.
430.11 Appropriateness of placement.
(c) Continuity in the child's environment.
(2) Documentation. The uniform case record, as described in Part 428
of this Title shall:
(vi) if the setting is a foster family home or agency-operated
boarding home, document in the first uniform case record form
required after the placement of the child in the current setting that
a determination has been made of the appropriateness of placing the
child with his or her siblings or half-siblings in accordance with
the provisions of section 431.10 of this Part.
NYS Citizens' Coalition for Children, Inc.
Ithaca, NY 14850
607-272-0034 • fax 607-272-0035
office@nysccc.org
10/29/02