Interim Policy in Effect
2 Services (“ACS”) and foster care provider agency staff, based upon amendments to the Social
Services Law, effective June 15, 2010, which provide additional considerations to the requirement that social services districts file petitions to terminate parental rights when a child has been in foster care for 15 of the most recent 22 months. This policy provides guidance for ACS and foster care provider agency staff regarding their obligation to provide permanency planning when the parent is incarcerated1or in a substance abuse treatment program; or the parent’s prior
incarceration or prior 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, provided that the parent has maintained a meaningful role in the child’s life and the agency has not documented a reason why it would otherwise be appropriate to file a petition to terminate parental rights.2 Under any of these circumstances, as well as others3, when a child has been in foster care for 15 of the most recent 22 months, an exception to filing a termination of parental rights (TPR) petition may apply. In such cases, the case planner must inform the parent of his or her legal rights and permanency planning obligations, and provide information about services available in the community.
1
The term “incarceration” includes a parent’s placement in a New York City Department of Correction (DOC) facility, New York State Department of Corrections and Community Supervision (DOCCS) facility, Office of Children and Family Services (OCFS) facility, ACS detention or juvenile justice placement facility, or another type of facility such as county jail, federal prison, or an immigration detention facility.
2
See Social Services Law § 384-b(3)(l)(i).
3 The other exceptions include when the child is being cared for by a relative or relatives; the agency has
documented in the most recent case plan a compelling reason for determining that the filing of a petition would not be in the best interest of the child; the agency has not provided to the parent of the child such services as it deems necessary for the safe return of the child to the parent, unless such services are not legally required.
Interim Policy in Effect
3 Table of Contents
I. Introduction ... 4
II. Locating Parents ... 4
A. Incarcerated Parents in New York and the Surrounding States ... 4
B. Parents in County Jails, Federal Prisons or Immigration Detention Facilities... 6
C. Minor Parents in New York State Office of Children and Family Services (OCFS) Custody ... 6
D. Minor Parents in ACS Detention or Juvenile Justice Placement Facilities ... 7
E. Parents in Residential Substance Abuse Treatment Programs ... 7
III. Arranging Parent-Child Visits ... 8
IV. Notification Requirements of Rights and Responsibilities ... 8
V. Assessing a Parent’s Continued Involvement in a Child’s Life ... 9
VI. Social or Rehabilitative Services Available in the Community ... 9
VII. Release of Information Form ... 10
VIII. Communicating with Incarcerated Parents and Correctional Counselors ... 10
A. Telephone Communication Between Case Planners and Parents Through Correctional Counselors ... 10
B. Parents Communicating with ACS via Telephone ... 10
C. Parents Communicating with Provider Agency Staff ... 11
D. Communicating with Parents via U.S. Mail ... 11
IX. Communicating with Parents in Residential Substance Abuse Treatment and Substance Abuse Counselors ... 11
X. Parent-Child Visiting and Minimum Casework Contact Requirements ... 12
A. Parent-Child Visiting Requirements ... 12
B. Options for Long-Term Sentences ... 13
C. Casework Contacts ... 13
XI. Arranging Child Safety and Permanency Planning Conferences ... 13
XII. Orders to Produce ... 14
XIII. Determining if the Parent’s Continued Involvement is in the Best Interests of the Child ... 15
XIV. Documentation ... 15
XV. Procedures ... 16 XVI. Attachments
A. Connectivity Between Children and Their Incarcerated Parents: How to Navigate the New York State Department of Correctional Services
B. OCFS Document: You Don’t Have to Stop Being a Parent While You are Incarcerated C. OCFS Document: You Don’t Have to Stop Being a Parent While You are in a Residential
Treatment Facility
D. Re-Entry & Support Services for Women, Men and Their Families (Resources Guide) E. Authorization for Release of Health Information Pursuant to HIPAA
Interim Policy in Effect
4
I. Introduction – Consideration of Termination of Parental Rights for Parents Who are Incarcerated or in Residential Substance Abuse Treatment Programs
A. Decisions about when it is appropriate to file a termination of parental rights (TPR) petition must be based on a case-by-case assessment and determination of what is in the child’s best interests. The need for timely permanency; the parent’s cooperation and positive change in accord with the service plan; the child’s safety if paroled to either the respondent parent or non-respondent parent; and the desire to prevent children from languishing in foster care are always critical and must be considered in conjunction with federal and state statutory guidelines for filing a TPR petition.
B. The Adoption and Safe Families Act (ASFA) was enacted in 1997 in order to expedite permanency for children in foster care. In 1999, under Chapter 145 of the Laws of 2000, New York State enacted legislation in line with ASFA.
C. Chapter 113 of the Laws of 2010, which was signed into law on June 15, 2010, amended Social Services Law 384-b by adding additional considerations to the requirement that social services districts file petitions to terminate parental rights when a child has been in foster care for 15 of the most recent 22 months. Chapter 113 was enacted in order to deal with the specific issue of foster children with parents who are currently
incarcerated or in residential substance abuse treatment and foster children whose parents were previously incarcerated or placed in residential substance abuse treatment and the past term of incarceration or participation in treatment was a significant factor in the child’s remaining in foster care for 15 of the most recent 22 months.
D. Exceptions to the Requirement to File a TPR May Apply in the Following Instances: 1. A parent is incarcerated (which may include being detained in an immigration
detention facility);
2. A parent is participating in a residential substance abuse treatment program; 3. A parent’s prior 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.
E. An exception may apply if both of the following two conditions exist: 1) the parent maintains a meaningful role in the child’s life; and 2) the agency has not documented a reason why it would otherwise be appropriate to file a petition to terminate parental rights.
II. Locating Parents
A. Incarcerated Parents in New York and the Surrounding States (New Jersey, Connecticut, Pennsylvania)
Interim Policy in Effect
5 1. When a caseworker or case planner (hereinafter referred to as “case planner”)
learns that a foster child has a parent who is incarcerated, the case planner must obtain the following information:
a. Parent’s full name and date of birth;
b. Any known aliases or alternate name spellings, if available; c. New York State Identification Number (NYSID)4, if available;
i. Sample NYSID: 02757171Q (8 numbers, 1 letter) d. Book and case number, if available;
e. Department Identification Number (DIN)5.
i. Sample DIN: 99 g 1234 (2 numbers, 1 letter, 4 numbers)
2. After gathering the above information, the case planner should use it for reference when calling the following numbers, as appropriate, to locate the incarcerated parent:
Incarcerated Parent (Inmate) Locator Contacts6
a. New York City Department of Correction (DOC): (718) 546-0700 or
http://services.doc.nycnet/inmatetracking/pages/common/find.jsf
b. Federal Correctional Facilities: (202) 307-3198 c. Tri-State Area State Facilities:
i. New York: (518) 457-5000 ii. New Jersey: (609) 292-4036 iii. Connecticut: (860) 692-7480
3. If a case planner has information that a parent has been incarcerated in the New York State Department of Corrections and Community Supervision (DOCCS), the case planner can utilize the following websites in order to locate the parent:
a. The DOCCS Inmate Lookup is available at: http://nysdoccslookup.doccs.ny.gov/
b. The DOCCS Facility Lookup is available at: http://www.doccs.ny.gov/faclist.html 4. If a case planner has difficulty locating an incarcerated parent, he or she may contact
the ACS Diligent Search Unit by emailing [email protected] or calling the Children of Incarcerated Parents Program (CHIPP) at (212) 341-4883. Once contact with the parent is made, the case planner shall follow the steps as described herein. For additional information on how to navigate DOCCS, see Attachment A, entitled
Connectivity Between Children and Their Incarcerated Parents: How to Navigate the New York State Department of Correctional Services.
4A NYSID number is a unique identifier assigned to an individual by the New York State Division of Criminal Justice
Services (DCJS).
5
A DIN is a unique identifier assigned by the New York State Department of Correctional Services (DOCCS) to all newly committed inmates at Reception.
Interim Policy in Effect
6 B. Parents in County Jails, Federal Prisons, or Immigration Detention Facilities
In the event that a parent is incarcerated or placed in a facility other than DOC, a NYS DOCCS facility, a NYS Office of Children and Family Services (OCFS) facility, or an ACS detention or juvenile justice placement facility, the case planner must initiate contact with that facility. These other facilities include county jails, federal prisons, or
immigration detention facilities. For assistance in locating these parents, the case planner shall utilize one of the following websites:
1. For parents who may be in other county jails:
http://www.theinmatelocator.com/New_York_Inmates_Search.html
2. For parents who may be in federal prison: Federal Bureau of Prisons inmate lookup
http://www.bop.gov/iloc2/LocateInmate.jsp
3. For parents who may be in an immigration detention center: a. US Immigration and Customs Enforcement inmate lookup
https://locator.ice.gov/odls/homePage.do
OR
b. www.ice.gov/detention-facilities
Once contact is made, the case planner shall follow the procedures as described herein. C. Minor Parents in New York State Office of Children and Family Services (OCFS) Custody
1. The process for assisting minor parents in New York State Office of Children and Family Services (OCFS) custody is similar to assisting incarcerated parents. However, instead of working with a correctional counselor, case planners must work with assistant directors and youth counselors in OCFS facilities. Case planners can locate and contact the appropriate facilities director via the following website:
http://www.ocfs.state.ny.us/main/rehab/regionalListing.asp.
2. The facility director will identify the youth counselor 1 (YC1) who has the minor parent on his or her caseload. The case planner must, with the assistance of the YC1, follow all guidelines as outlined within this policy.
3. If the case planner does not know the specific facility where the minor parent is housed, he or she can call the OCFS Intake Unit at (718) 401-2661 or (718) 401-2664 for additional assistance. If the case planner has difficulty locating a minor parent in OCFS custody, he or she can contact the ACS Confirm Unit at 1-877-KID-CHEK (877-543-2345). Once contact is made, the case planner must follow the procedural steps as described herein.
Interim Policy in Effect
7 D. Minor Parents in ACS Detention or Juvenile Justice Placement Facilities
A case planner can contact the Confirm Unit (see phone number above) to obtain information regarding a minor parent’s location. If the minor parent is detained with the ACS Division of Youth and Family Justice (DYFJ), he or she will be assigned a case manager. If the minor parent is being housed at an ACS contracted juvenile justice placement facility, he or she will be assigned an ACS placement and permanency specialist (PPS), as well as a case planner from the placement provider agency. E. Parents in Residential Substance Abuse Treatment Programs
1. Because participation in treatment programs is confidential, the case planner must obtain a signed consent to release information form from the parent. (For more information on release forms, see section VI below.)
a. If the parent is court ordered to attend residential substance abuse treatment, the case planner shall make efforts to have the parent sign a release prior to entering treatment.
b. If the case planner knows where the parent is located but does not have a signed release form, the case planner must mail a blank release form to the parent in care of the facility. The case planner should include an explanatory cover letter and a self-addressed stamped envelope so the parent can mail it back. The letter should include the agency fax number in case the facility is willing to fax the release form to the case planner directly. Once the case planner has the signed release form, he or she must send a copy to the treatment facility and contact the program manager to determine who the parent’s primary counselor is. i. A New York State Office of Alcohol and Substance Abuse Services (OASAS)
Provider Directory Search can be found on the OASAS website at the
following link: http://www.oasas.ny.gov/providerDirectory/index.cfm. The site allows searches by provider type and location.
c. If the parent has entered treatment voluntarily and has not notified the case planner of his or her location, the case planner must contact family members or collateral sources to locate the parent and should then follow the steps outlined in section II(E)(b) above.
2. If the parent refuses to sign a release form, the case planner must document all efforts to obtain the release form in CONNECTIONS (CNNX) and keep copies of all correspondence in the case record. In addition, the case planner shall consult with the assigned Division of Family Court Legal Services (FCLS) attorney about seeking a court order to obtain records.
Interim Policy in Effect
8
III. Arranging Parent-Child Visits
As soon as the case planner has located the incarcerated parent or parent in residential substance abuse treatment and prior to arranging family visits, the case planner shall assess and determine whether visiting with the parent is in the best interests of the child. This case-by-case assessment should be made in consultation with the child’s service providers (e.g., a therapist) and must always be documented in CNNX. The visits must be deemed to be in the child’s best interests if they are to proceed. The case planner must determine whether any court orders exist that would limit or prohibit visiting, and if necessary, confer with the assigned FCLS attorney. Upon making the determination that visits should be arranged, the case planner must contact CHIPP for assistance regarding incarcerated parents. For parents in residential substance abuse treatment, the case planner must contact the parent’s counselor. If the case planner determines that visits are not in the child’s best interests, and there is a court order for visits, the case planner must contact the assigned FCLS attorney to have the order modified.
IV. Notification Requirements of Rights and Responsibilities
A. As soon as the case planner has located the incarcerated parent or parent in residential substance abuse treatment, he or she must provide (preferably during a casework contact) the OCFS document for parents that outlines their legal rights and obligations7. Case planners may also request the booklet Out of Sight, Not Out of Mind by contacting CHIPP at (212) 341-4883.
B. If the case planner is sending the OCFS document to the incarcerated parent or parent in residential substance abuse treatment via U.S. Mail, he or she should include the name of case planner, name of the supervisor, name and address of the foster care agency, and the contact numbers provided below under section VIII(B).
C. If the foster care case has been transferred, the case planner must notify the parent and provide the new case planner’s contact information.
D. The case planner must notify the parent if and when the child has been moved from one placement to another.
E. The case planner must keep the parent apprised of the child’s health and development, overall behavior, and progress in school.
F. The case planner must provide the parent with copies of the child’s medical reports and educational reports.
Interim Policy in Effect
9 G. The case planner must consult the parent in the consent8 of the medical care of the
child (unless parental rights have been terminated).
V. Assessing a Parent’s Continued Involvement in a Child’s Life
In order to help determine whether the incarceration of a parent or stay in a residential substance abuse program would justify a decision not to file a TPR petition, the law requires the case planner to determine whether the parent has maintained a meaningful role in the child’s life. If it is determined that the parent has maintained a meaningful role in the child’s life, the case planner must then determine whether the continued
involvement of the parent in the child’s life is in the best interests of the child. An
exception to the requirement to file a TPR can only be made if both of these conditions are met.
A. Gathering Evidence of a “Meaningful Role”
The case planner must assess whether a parent has maintained a meaningful role in the child’s life. This assessment must be based on evidence, which may include the
following:
1. A parent's expressions or acts manifesting concern for the child, such as letters, telephone calls, visits, participation in planning, and other forms of communication with the child; communication with foster care agency staff; and participation in all required activities to the extent possible given the parent’s incarceration or
participation in residential substance abuse treatment;
2. Efforts by the parent to communicate and work with his or her attorney, the case planner, the child’s attorney, the foster parent, the Court, and other individuals providing services to the parent, such as correctional, mental health, and substance abuse treatment program staff;
3. The quality of the parent’s interaction and relationship with the child.
VI. Social or Rehabilitative Services Available in the Community
A. The case planner must provide the parent with a list including, but not limited to, social or rehabilitative services available in the community, such as family visiting services, to aid in the development of a meaningful relationship between the parent and child. When possible, such information shall include transitional and family support services available in the community.
8 See ACS Procedure 102/Bulletin 99-1 (Amended), Guidelines for Providing Medical Consents for Children in Foster
Interim Policy in Effect
10 B. For a listing of local social and rehabilitative services, refer to Attachment D, Re-Entry &
Support Services for Women, Men and Their Families. It is ACS’ expectation that the case planner will assist the parent with referrals to appropriate services and develop and share the provider agency’s own community-based resources for formerly incarcerated parents.
VII. Release of Information Form
A. The case planner must provide the parent with a “release of information” form (or a local equivalent) to sign which permits the foster care provider and facility staff to communicate with each other regarding the parent (see Attachment E). An adult’s incarceration and the location are public information; however, any programmatic information such as substance abuse treatment, mental health treatment, etc. is confidential and requires a release of information form signed by the parent.
B. The OCFS parents’ rights’ document, the listing of local social and rehabilitative services, and the release of information form must be provided as soon as the case planner has located the parent. As noted, the case planner shall also include in the mailing the name of the case planner and supervisor, the name and address of the foster care agency, and the contact numbers listed below in section VIII(B) if the materials are being sent via U.S. Mail.
VIII. Communicating with Incarcerated Parents and Correctional Counselors9
A parent's ability to communicate with his or her case planner is severely limited during incarceration. The case planner must establish communication with the parent by contacting the parent’s correctional counselor as soon as the parent is located.
A. Telephone Communication Between Case Planners and Parents Through Correctional Counselors
One way case planners can speak with parents is through the parents’ correctional counselors. For parents located in DOCCS facilities, the case planner can obtain the contact information of the correctional counselor via the DOCCS Facility Lookup
Database as instructed on page 2 of Attachment B. For parents located on Rikers Island, the case planner can contact the CHIPP Rikers Island coordinator at (212) 341-4883. B. Parents Communicating with ACS via Telephone
CHIPP has a collect call line available for incarcerated parents to inquire about visits with their children. Parents can call (212) 341-3322 between the hours of 8:30 AM and 5:00 PM on Mondays, Wednesdays, Thursdays, and Fridays. In addition, parents can call the
9 Case planners should contact CHIPP for assistance with contacting correctional facilities outside of New York and
Interim Policy in Effect
11 Parents’ and Children’s Rights Helpline of the ACS Office of Advocacy, at (212) 619-1309. The case planner must provide this number to incarcerated parents and explain that parents may use the number as one way of communicating important information to ACS and/or the foster care provider agency about their whereabouts, their children, and/or their cases.
C. Parents Communicating with Provider Agency Staff
When parents are incarcerated far away from where their children live, telephone calls may be the primary means of communication between them. In State correctional facilities, parents can only make collect calls at a rate much higher than general public collect calls, and this may add an expense beyond the regular rate foster parents
receive. Foster parents can receive reimbursement for the cost of these calls from their foster care agencies. This falls under the State Regulation 18 NYCRR 427.3(c)(2)(v) which states that agencies can be reimbursed for "extraordinary telephone costs" between a parent and child. The same regulation also covers reimbursement to
agencies for "exceptional transportation" costs related to family visits (defined as above 50 miles).
D. Communicating with Parents via U.S. Mail
DOCCS now recognizes correspondence from districts and agencies as “legal mail,” and the parent’s receipt of mail from the district or agency will be documented by DOCCS’ staff accordingly. DOCCS has advised OCFS that the deputy superintendent of the correctional facility must be contacted if there are any communication difficulties with the parent’s correctional counselor. All correspondence to incarcerated parents must include the parent’s Department Identification Number (DIN) on the return address label per DOCCS mail procedures. Please be advised that all postal mail must include a clearly identifiable return address.
IX. Communicating with Parents in Residential Substance Abuse Treatment and Substance Abuse Counselors
A parent's ability to communicate with his or her case planner is limited during a period of residential substance abuse treatment. The case planner must establish communication with the parent by contacting the parent’s primary counselor as soon as the parent is located. The case planner is responsible for working with the parent’s counselor to arrange regular telephone and in-person contacts.
Interim Policy in Effect
12
X. Parent-Child Visiting10 and Minimum Casework Contact Requirements11
A. Parent-Child Visiting Requirements
1. When the permanency planning goal is reunification, the case planner is required to arrange a minimum of one monthly face-to-face visit between the child and
incarcerated parent or parent in residential substance abuse treatment if the parent is located in the greater New York City metropolitan area or surrounding states. The case planner must make suitable arrangements for the visits to occur at the facility or program unless they are not permitted or would pose a physical or emotional risk to the child.
2. For parents incarcerated or in residential substance abuse treatment beyond this geographic zone, face-to-face parent-child visits should be considered on a case-by-case basis unless they are court ordered, in which case-by-case they must take place even if they are beyond this zone. In most instances, however, parent-child contacts for incarcerated parents or parents in residential substance abuse treatment outside the above defined geographic zone should be conducted by telephone or
videoconference if available. In addition, for parents incarcerated or in residential substance abuse treatment within the above defined geographic zone, additional visits besides the required once monthly face-to-face parent-child visit may be conducted by telephone or videoconference.
3. If the permanency planning goal has changed from reunification (to adoption or placement with a relative, for example), visits may continue to remain in the child's best interests. Parents retain visiting rights until their rights are terminated or a court has suspended visits. A goal change does not eliminate the case planner’s obligation to arrange parent-child visits.
4. The case planner must arrange for the parent to visit with the child within the facility or program unless such visiting would be harmful to the child. The case planner must make a case-specific assessment and must deem such visits to be in the child’s best interests.
5. The case planner must coordinate these arrangements for incarcerated parents with CHIPP at (212) 341-4883. (Provider agency case planners must not call the
correctional facility directly.) CHIPP assists case planners in facilitating parent-child visits, navigating the criminal justice system, and in supporting children, parents, and foster parents during the period of the parent’s incarceration. CHIPP offers a child-sensitive weekly visiting program (alternating weeks between mothers and fathers)
10
See ACS Policy and Procedure #2013/02 Determining the Least Restrictive Level of Supervision Needed During Visits for Families with Children in Foster Care, dated 2/28/13.
11 See ACS Guidance #2007/02 (revised 3/30/10), Revised Casework Contacts for Families with Children in Foster
Interim Policy in Effect
13 on Tuesdays at Rikers Island. CHIPP also provides bi-monthly trips to the women’s state correctional facilities and monthly visits to the men’s state and federal correctional facilities.
B. Options for Long-Term Sentences
In the event that a parent is serving a long-term sentence and is unable to be the child's discharge resource, the case planner must explore alternative permanency planning goals. Nonetheless, parent-child visits that support the ongoing relationship between the parent and child may remain a vital part of the service plan. The case planner must explore options in these cases including family members or other identified persons assuming legal custody or guardianship, subsidized kinship guardianship (KinGAP), voluntary and/or conditional surrender of parental rights, and open adoption. C. Casework Contacts
1. The case planner must confirm a parent’s location and document the information, as well as efforts to obtain that information in CNNX;
2. The case planner must conduct the minimum face-to-face casework contacts with incarcerated parents and parents in residential substance abuse treatment as outlined in the ACS Foster Care Quality Assurance Standards to the extent permitted by the facility’s rules and regulations. Such casework contacts are not required when a parent is incarcerated or detained outside of the above-defined geographic area. Other forms of casework contact, such as telephone or videoconference, if available, are still required for permanency planning. The case planner must document efforts to obtain information from the parent regarding family
functioning and identification of other relatives in the event that placement for the subject child is needed.
XI. Arranging Child Safety and Permanency Planning Conferences
A. The case planner must, whenever possible, provide incarcerated parents and parents in residential substance abuse programs with adequate, advance written notification of the date and time of any Child Safety Conference (CSC). The case planner must make every attempt to include parents in the meeting via teleconference or videoconference. The parent may be able to provide information about relatives who could serve as permanency resources for a child placed in foster care.
B. Unless the Court has made a determination that reasonable efforts to reunify are no longer required, the case planner must work on reunification efforts with an
incarcerated parent or parent in residential substance abuse treatment just as he or she would with any other parent. The initial family service plan meeting and the ensuing Permanency Planning Conferences (Service Plan Reviews) must be conducted in
Interim Policy in Effect
14 consultation with the incarcerated parent or parent in residential substance abuse treatment. If it is impractical to hold such consultation in person as a result of incarceration or stay at a residential substance abuse treatment program, it may be accomplished utilizing available videoconferencing or teleconferencing technology. C. The case planner must, whenever possible, provide incarcerated parents and parents in
residential substance abuse programs with adequate, advance written notification of the date and time of any Family Team Conference (FTC). The case planner must make every attempt to include parents in the meeting via teleconference or videoconference. A parent's participation in the conference is important to facilitate permanency planning and to promote the well-being of the child. As in other cases, the case planner must send the parent a copy of the service plan within 10 days of its completion.
D. Additionally, the permanency plan must reflect the special circumstances and needs of the child and the family. The case planner must advise incarcerated parents to contact their correctional counselors or assistant directors and youth counselors or placement and permanency specialists (in cases of minor parents in OCFS or ACS custody), and parents in residential substance abuse treatment to contact their substance abuse counselors to request access to any available videoconferencing equipment or facilities.
XII. Orders to Produce12
A. Incarcerated parents should be present at all Family Court dates; however, their
presence is dependent on whether the Family Court issues an Order to Produce, as well as whether the correctional facility receives this Order in a timely manner and can transport them to court.13 To increase the likelihood that a parent will be at the next court date, the case planner must notify the Court and FCLS attorney of a parent's incarceration with as much advanced notice as possible, and keep them apprised of any change in the parent's whereabouts. The Court must then issue an Order to be sent to the correctional facility's inmate records department and not to the parent. The case planner must provide the FCLS attorney and the Court with any and all known aliases of the parent, as well as the parent’s DIN if known; these items must be included in the Order.
B. Unfortunately, when incarcerated parents are away from the facility for court
appearances, they risk falling behind in programs or losing their place on waiting lists for program entry. It is expected that parents’ attorneys will advise them as to whether it is in their best interest to appear in court.
12
Case planners should contact CHIPP for assistance with contacting correctional facilities outside of New York and the surrounding states.
13 On some occasions, the Court will arrange for incarcerated parents to make appearances via videoconference or
Interim Policy in Effect
15 C. Any Family Court orders issued that pertain to visiting or to decisions requiring the
participation of DOCCS must be requested as short orders. Only official court orders (and not Court Action Summaries, which should never be shared with outside parties) are accepted and recognized by DOCCS.
XIII. Determining if the Parent’s Continued Involvement is in the Best Interests of the Child
In order to help determine whether the incarceration of a parent would justify a decision not to file a TPR petition, the case planner must consider the following:
A. Whether the parent was the child’s primary caregiver prior to the child’s placement; B. The parent’s role in the child’s life prior to incarceration or residential substance abuse
treatment;
C. The parent’s current role in the child’s life, and the quality of the parent-child interaction and relationship;
D. The age of the child at the time of his or her placement;
E. The length of the parent’s period of incarceration or residential treatment; F. The length of time the child has been in care;
G. The child’s primary attachment;
H. Any special needs or vulnerabilities of the child; I. Whether older children are in support of a TPR;
J. Whether the parent has addressed safety concerns, if any exist; and
K. An assessment regarding the reason for the parent’s incarceration and whether there is connection to the child (e.g., a crime committed against the child or another child).
XIV. Documentation
Division of Child Protection (DCP) caseworkers and foster care provider staff must
document in CNNX progress notes their efforts to locate and engage incarcerated parents and parents in residential substance abuse treatment when investigating and developing a child’s service and permanency plans. Specifically, staff must document the parent/child assessment and best interests determination in the child’s periodic Family Assessment and Service Plan (FASP). All efforts made to achieve the child’s permanency goal must be documented in the case record and shall include, but not be limited to, the following items/efforts:
A. Actions taken to locate the parent after learning that the parent has been incarcerated or has entered a residential substance abuse treatment program;
B. Providing the parent with the OCFS parents’ rights document, a listing of local social and rehabilitative services, and a release of information form as soon as the case planner has located the parent;
C. Providing the parent with contact information, including the name of case planner and supervisor, the foster care agency, and CHIPP information, if applicable;
Interim Policy in Effect
16 E. Identifying family or other relative(s) the parent would like the agency to explore as
resources to care for the child during the parent’s incarceration or residential treatment;
F. Providing referrals to the parent including housing, drug treatment, and parenting classes;
G. Notifying and inviting the parent to participate in permanency planning conferences in person or via teleconferencing or videoconferencing;
H. Arranging for the parent to participate in the development of a child visiting plan; I. Providing the parent with a copy of the service plan within 10 days of the FTC;
J. Notifying the parent of court dates and assisting with arrangements for him or her to be produced in Family Court;
K. Notifying the parent when a foster care case has been transferred to another case planner, along with the new case planner’s contact information;
L. Notifying the parent when his or her child has moved from one placement to another; M. Updating the parent on the child’s health and development, overall behavior,
and progress in school;
N. Providing the parent with copies of medical reports and educational reports; O. Consulting the parent in the consent of the medical care of the child (unless
parental rights have been terminated)14.
XV. PROCEDURES
Once the case planner has information that a foster child has a parent who is incarcerated or is in a residential substance abuse treatment, the case planner must:
A. Obtain the parent’s full name, date of birth, and additional information, if available, including Book and Case Number, NYSID number, or DIN [see section II(A)(1)].
B. Call the Incarcerated Parent Locator phone numbers and or search for the parent via an online database if the parent has been incarcerated in DOC or DOCCS or detained in an immigration facility [see section II(A)(2)-(3)].
C. Document the parent’s location (and mailing address) in a CNNX progress note after obtaining the information.
D. Assess and determine whether visiting with the incarcerated parent or parent in
residential substance abuse treatment is in the best interests of the child, and document this assessment in CNNX (refer to sections III and V).
E. Upon making the determination that parent-child visits should be arranged:
14 See Procedure 102/Bulletin 99-1 (Amended), Guidelines for Providing Medical Consents for Children in Foster
Interim Policy in Effect
17 1. Contact CHIPP at (212) 341-4883 to arrange the visits for incarcerated parents; or
contact the parent’s primary counselor for parents in residential substance abuse treatment programs.
2. Provide (preferably during a casework contact) to the parent the OCFS document entitled You Don’t Have to Stop Being a Parent While You are Incarcerated
(Attachment B).
3. Provide (preferably during a casework contact) to the parent the OCFS document entitled You Don’t Have to Stop Being a Parent While You are in a Residential Treatment Facility (Attachment C).
3. Provide to the parent the listing of local social and rehabilitative services, entitled
Re-Entry & Support Services for Women, Men, and their Families Resource Guide
(Attachment D);
4. Provide to the parent, and have signed, the “Authorization for Release and
Disclosure of Confidential Records, including Mental Health Records, Alcohol and/or Drug Treatment Patient Records and Correctional Facility Records” form
(Attachment E); and
5. Establish communication with the incarcerated parent through a correctional counselor by phone as available or through the primary counselor at the residential substance abuse treatment program.
F. Arrange for Permanency Planning Conferences.
G. Notify the FCLS attorney and the Court of a parent’s incarceration so that 1) an Order to Produce can be sent to the correctional facility where the parent is located; and 2) the FCLS attorney can notify the Family Court judge, and appropriate orders can be entered regarding the incarcerated parent.
H. Notify the FCLS attorney and the Court, as appropriate, of the parent’s participation in residential substance abuse treatment and help facilitate the parent’s attendance in court when possible.
I. Assess the parent’s continued involvement in the child’s life.
Determine whether the parent has maintained a “meaningful role” based on evidence which may include efforts by the parent to communicate and work with the foster care provider and the parent’s expression or acts manifesting concern for the child.
Interim Policy in Effect
18 J. Determine if the parent’s continued involvement is in the best interests of the child. K. Confirm that there is appropriate documentation in CNNX progress notes of the case
planner’s efforts to engage the incarcerated parent or parent in residential substance abuse treatment.
1
Commissioner
Acting
Deputy Commissioner of
Programs
Brian Fischer
Catherine M. Jacobsen
CONNECTIVITY BETWEEN CHILDREN
AND THEIR INCARCERATED
PARENTS
:
HOW TO NAVIGATE THE NEW YO
RK
STATE DEPARTMENT OF
CORRECTIONAL SERVICES
2
Learning Objective
Participants will learn how to set up and
conduct visits for children in foster care
who have a parent who is incarcerated.
Participants will learn the policies,
guidelines and recommendations on how
to set up and conduct successful foster
care visits within the NYS Department of
Correctional Services.
Participants will learn the importance of
connectivity of family and friends within
the NYSDOCS
3
About the NYS Department of
Correctional Services
The New York State Department of
Correctional Services is guided by
the Departmental Mission and is
responsible for the confinement and
habilitation of approximately
57,000
inmates held at
67
state correctional
facilities plus the 916-bed Willard
4
MISSION STATEMENT
of NYS DOCS
Enhance public safety by providing
appropriate treatment services, in safe
and secure facilities, that address the
needs of all inmates so they can return to
their communities better prepared to lead
successful and crime-free lives.
Goals
• Create and maintain an atmosphere where both inmates and
staff feel secure.
• Develop and implement positive individualized treatment plans
for each inmate.
• Teach inmates the need for discipline and respect, and the
importance of a mature understanding of a work ethic.
• Assist staff by providing the training and tools needed to
perform their duties while enhancing their skills.
• Offer career development opportunities for all staff.
5
MISSION STATEMENT
of NYS DOCS (con’t)
Values
• Operate with ethical behavior.
• Recognize the value of each person.
• Protect human dignity.
• Offer leadership and support to all.
• Offer respect and structure at all times.
Policies
• Offer opportunities for inmates to improve all their skills, and
to receive individual treatment services, based on their ability
and willingness to participate.
• Provide appropriate medical and psychiatric services necessary
to those requiring such treatment so each inmate can
maximize his/her own rehabilitation.
• Establish a structured environment that fosters respect
through disciplined learning.
•
Enhance positive relationships by providing
opportunities for interaction between inmates and their
families.
6
UNDERSTANDING THE NEW YORK STATE
DEPARTMENT OF CORRECTIONAL SERVICES
The New York State Department of Correctional Services (DOCS) is headed
by the Commissioner of Correctional Services. The Commissioner is
responsible for the overall management and operation of the New York State
Department of Correctional Services to ensure the safe, humane incarceration
of adult and young adult offenders committed by the judicial system to our
custody.
Every correctional facility has an administration usually comprised of:
• Superintendent,
• Deputy Superintendents for Security, Programs, and A dministration
Security staff consisting of Captains, Lieutenants, Sergeants, and Correction Officers.
There are also a myriad of Program and A dministrative staff from the civilian
ranks including:
• Correction Counselors and Supervising Correction Counselors
• Teachers, Education Supervisors and Recreation Program Leaders
• Chaplains, Institution Stewards, Nurses and Principal A ccount Clerks
• Maintenance Supervisors, Plant Utilities Engineers, Food Service A dministrators,
Stores Clerks, and others
7
Connectivity
Connectivity - maintaining ties between family and
friends while incarcerated. The Department of
Corrections has established clear policies
regarding all of these forms of contact.
Contact between incarcerated individuals, friends
and their family can take place in 3 ways:
1.
Visitation which is actual visits to the
correctional facility
2.
Phone Calls (Collect)
3.
Letter writing
8
NYSDOCS Family Connectivity Programs
The Family Reunion Program
provides approved inmates
and their families the opportunity to meet for a designated period of
time in a private home-like setting.
The Family Visiting (Free Bus) Progra
m provides family
members and significant others with free transportation to various
facilities for visitation. Trips are scheduled every two or three
months. ( This program is currently suspended 1/31/2011)
Visitor Hospitality Centers
are located at thirty-eight of our
facilities to accommodate incoming and departing visitors.
Children’s Play Areas
are located in, or adjacent to, our
Visiting Rooms and offer the opportunity for incarcerated parents to
interact with their children in a positive and healthy way.
Nursery Program
allows a pregnant incarcerated individual
(who met the criteria) an opportunity to give birth and keep her
baby with her up to one year in a facility nursery. An extension is
possible up to 18 months if mothers release is pending.
9
NYSDOCS Family Connectivity Programs
Temporary Release Programs
allow incarcerated
individuals who are within two years of their earliest release date
to become reintegrated back into their families and communities
on a gradual basis.
Parenting Programs
vary in length and content but are in
place to enhance the knowledge and skills of incarcerated
individuals to foster better relationships with their children and
other family members.
Reading Programs
allows incarcerated individuals to
communicate with their children by reading a book onto a tape
and sending the book and tape to their children
.
Tele-visiting
is a live and interactive virtual visit at select
facilities where families and incarcerated individuals are brought
together using videoconferencing technology. This service is
available for families living in the New York City area.
Foster Care Visits
assists in strengthening family ties.
Facilities accommodate special visits arranged through CHIPP,
foster care agencies and county Departments of Social Services.
10
Challenges to Maintaining Connectivity
Distance from Residence
Transportation Issues
Family/Caregiver Issues
Lack of Awareness of Incarceration
Personal Decision
Financial Hardships
11
LOCATING AN INMATE
A Department Identification Number (DIN) is assigned to
each inmate admitted to the New York State Department of
Correctional Services (DOCS). It is an internal number used
as an identifier for the inmate while he/she is in the
custody of the Department. This number can be used to
locate your loved one, and you need to know this number.
If you do not know this number, you may find it by using
our
online Inmate Lookup service
.
You will need to know the inmate’s complete name and
birth date for a successful search. Incarcerated individuals
can also be located by calling the DOCS Central Office at
(518) 457-5000 during normal business hours.
12
13
VISITOR CHECKLIST
Confirm that the inmate has not been transferred and has visitation privileges.
Bring valid Picture Identification (ID).
If you have made special arrangements with the facility, call before leaving to be
sure that plans for your visit have been made and are in place.
Check clothing and jewelry for compliance with visiting regulations.
If you are bringing a child and you are not the legal guardian or parent, you must
have the notarized statement from the child’s parent or legal guardian with you.
Before leaving home, check your vehicle for contraband and/or hazardous items. This
includes, but is not limited to, implements of escape, drug paraphernalia, intoxicants,
poisons, any items that pose a danger to others, weapons, such as knives, scissors,
or firearms, and any item used to show a gang affiliation. Remove these items before
entering the correctional facility grounds.
Arrive on the designated day during proper visiting hours.
All Visitors must clear a metal detector search.
Leave purses, wallets, and electronic devices in your car - either in the glove
compartment, or in the trunk. Be sure to lock your car!
Do not leave any minor children waiting in the car or your visit will be ended.
Remember to treat correctional staff with respect.
Do not have any contraband on you when you enter the facility.
Do not bring anything into the visiting room to give to the inmate. Inmates are not
14
The New York State Department of Correctional Services
welcomes family members and friends to visit their loved
ones at any of our correctional facilities. It is the intent of
the Department of Correctional Services to maintain
visiting programs that help incarcerated individuals
strengthen and preserve positive ties with family and
friends.
V isitation is not only encouraged because it helps support
the individual while incarcerated, but it also provides a
basis of support for the incarcerated person’s return to the
community.
15
What is a Foster Care Visit?
A foster care visit is a visit designed
to promote connectivity between an
incarcerated individual and their child
who is in the foster care system.
16
How is Foster Care visitation
different
from General Visitation ?
It requires advance preparation
A gate clearance is generated
It can occur at times when general
visitation is not in effect
17
How to set up a foster care visit
The social worker should call and verify the
location of the incarcerated parent.
The process should commence at least
1
month in
advance for proper processing if time permits.
The social worker or agency representative must
18
Setting up the visit
The letter should include the following
information:
The name of the incarcerated individual
And their Department Identification Number
The name of the social worker and the agency
being represented
NYS DOCS WEBSITE TUTORIAL
Our website has a plethora of information
regarding the incarcerated individual,
policies and directives, as well as a
comprehensive guide for families and
friends to gain a greater understanding of
the operations of this agency
.
Please feel free to review other screens
not listed below to learn who and what we
are about!
www.docs.state.ny.us
Click ;
This is the
Home Page
for NYS
This link provides a listing of all of
the facilities, their addresses,
phone numbers, security level and
a link to MAPQUEST for each
facility.
This link provides
information on
how to contact the
NYSDOCS
This link provides specific
information on each inmate
including location, crime, sentence
and county of commitment.
This link provides information,
about the inmate, specific
policies about communication
and sending mail/packages.
This handbook provides
a comprehensive view
on many areas in the
Department to assist
families and friends to
better understand the
NYSDOCS.
This page provides information on the
myriad of programs offered within the
Department . Click on the program units to
gain specific information on programs and
the facilities where offered.
This page provides a list of
programs and services that the
Division of Ministerial, Family, and
Volunteer Services offers and are
more focused on the family.
28
Thank You
For additional information about this
presentation, please contact:
Division of Ministerial, Family & Volunteer Services
NYS Department of Correctional Services
Harriman State Campus- Building 2
1220 Washington Avenue
Albany, New York 12226-2050
(518) 402-1700
You have the
right
to:
Help find an appropriate person, such as a friend or relative, to care for your child. If this person needs financial or other assistance, he/she can apply for a “child only” temporary assistance grant or to become certified or approved as a foster parent for your child. If you are unable to make such an arrangement, your child will be placed with a foster parent or in another setting, such as a group home.
Be informed about the foster care agency responsible for your child’s care,the name of your child’s caseworker, and how to contact the caseworker and his/her supervisor. You should be notified in a timely manner if your child’s caseworker changes.
Know how to reach your family caseworker, if that person is different from your child’s caseworker.
Participate in permanency planning for your child (see reverse side).
Take advantage of services to help you address the issues that led to your child’s placement in foster care (parenting classes, substance abuse treatment, etc.).
page 1
Participate in meetings about your Family Service Plan(see reverse side).
Get information about family visiting and other services that can help you build a meaningful relationship with your child while you are incarcerated and after your release.
Visit with your childunless the court orders otherwise. Ask about video/teleconferencing if in-person visits are not possible. If you are not having regular visits with your child or you are dissatisfied with your visits, contact your child’s caseworker, his/ her supervisor, or your attorney.
Be kept up to date on your child’s health and development
and his/her progress in school.
Be assigned an attorney to represent you in your child’s Family Court case,if you are financially eligible. Speak with your attorney if you have any issues with the foster care agency or the court. Your attorney is your advocate and should keep you informed about your case.
Attend Family Court proceedings. If you know of an upcoming court date, talk to your attorney, caseworker, and corrections counselor about making arrangements for you to attend court.
You don’t have to stop being a
parent while you are incarcerated.
What is termination of
parental rights?
Termination of parental rights (TPR) ends the legal relationship between a parent and child and frees the child to be adopted.
A petition to terminate parental rights can be filed for a number of reasons described in New York State Social Services Law 384-b. For example, when a child has been in foster care for six months or more and the parent has had no significant contact with the child, the foster care agency, or the social services agency, the agency can file a TPR for abandonment. If a child is in foster care for 12 consecutive months or 15 of the most recent 22 months and the parent has failed either to maintain contact with the child or to plan for the child’s future, the agency can file a TPR for permanent neglect if it has made diligent efforts to work with the parent. The agency does not have to make these efforts if the parent moves and fails to provide new contact information to the agency. The law allows the agency to decide
not to file a TPR for a number of reasons: that the child is living with a relative foster parent, that there is a compelling reason why TPR is not in the child’s best interests, and that the parent is incarcerated or in a residential substance abuse treatment program and has maintained a meaningful role in the child’s life. These decisions are made on a case-by-case basis, with a focus on the best interests of the child. You can help keep your parental rights by:
■
Arranging for an appropriate friend or relative to care for your child while you are incarcerated.■
Staying in touch with your child, your child’s caseworker, and your attorney.■
Attending planning meetings and court proceedings.■
Visiting with your child as often as possible.What is permanency
planning?
In general, foster care is a temporary arrangement – permanency is a primary goal for every child in foster care. Possible permanency goals for a child include:
■
Return to parent(s).■
Referral for legal guardianship with a relative. This may include participation in the Kinship Guardianship Assistance Program.■
Permanent placement with a fit and willing relative or other suitable person.■
Surrender of parental rights or termination of parental rights and placement for adoption.■
Another permanent, planned living arrangement with a significant connection to an adult. This goal may be appropriate for an older child who is ready to live independently.Pub. 5113 (6/11) page 2
If your child is in foster
care, you have the
responsibility
to:
Make regular contact with your child. Although this can be difficult while you are incarcerated, you are expected to make efforts to communicate with your child unless there is a court order prohibiting such contact. Even if that is the case, you should stay in contact with the agency caseworker. You must be able to show your caseworker and the judge that you have made every effort to stay in contact with your child and/or the foster care agency caseworker. It is a good idea to:
■
Keep all the papers you receive about your case.■
Keep a list of all scheduled visits with your child (even if they didn’t happen).■
Document all the phone calls you make to the caseworker, your child, and your child’s caregiver (even if you left a message or no one answered the phone).■
Make a copy of every letter, birthday card, or other mail you send your child.Show that you are planning for your child’s future. Find someone to care for your child while you are away.
Stay in touch with your child’s caseworker, your family caseworker, and your attorney.Notify the foster care agency if you are released, you are transferred to another facility, or your address changes. If you
haven’t had contact with the foster care agency or your child for six months, it can be considered abandonment of your child and a petition could be filed to terminate your parental rights.
Complete any programs your Family Service Plan requires.
Work with the foster care agency to finish the goals stated in your Family Service Plan (see box below).
Participate in Family Court
proceedings. Contact your attorney if you have questions or concerns and arrange to talk before every court date. Make sure your attorney has copies of any documents relevant to your service plan or to the case. If you can’t go to court for an important reason (such as seeing the parole board), notify your attorney, your caseworker, and the judge.
What is a Family Service Plan?
The Family Service Plan outlines your child’s permanency goal and the services required to achieve that goal. The plan should include steps you are expected to take to achieve that goal.
■
Your plan should take into account the special challenges facing you and your family due to your incarceration.■
You have a right to participate in regular Service Plan Reviews (SPRs). SPRs begin 60 to 90 days after the child is placed in foster care and are held every six months thereafter. If you can’t be there in person, you canparticipate via phone or videoconference, if available. This can be arranged through your corrections counselor and foster care agency caseworker.
■
You should receive two weeks’ notice when SPRs are scheduled and you should get a copy of the Family Service Plan within 30 days after the SPR.www.ocfs.state.ny.us
New York State
Office of
Children &
Family Services
You
don’t
have
to stop
being a
parent
while you are
in a residential
treatment facility
Your parental rights
When a child is in foster care for an extended period of time, a social services or foster care agency can file a petition to terminate a parent’s rights and free the child for adoption. However, the law allows the agency to decide not to file for termination of parental rights under certain circumstances, such as when the child is living with a relative foster parent, when there is a compelling reason why termination is not in the child’s best interests, and when the parent is incarcerated or in a residential substance
abuse treatment program and has maintained a meaningful role in the child’s life. These decisions are made on a case-by-case basis, with a focus on the best interests of the child.
If your child is in foster care, you have the
right
to:
■ Identify an appropriate person you would like to care
for your child, such as a relative or friend.
■ Be informed about the foster care agency responsible
for your child’s care, the name of your child’s caseworker, and how
to contact the caseworker and his/her supervisor.
■ Know how to reach your family caseworker, if that person is different
from your child’s caseworker.
■ Participate in planning for your child.
■ Take advantage of services to help you address the issues that
led to your child’s placement in foster care (parenting classes, substance abuse treatment, etc.).
■ Participate in meetings aboutyour Family Service Plan, which
should address the special challenges facing you and your family due to your placement in a treatment facility.
■ Receive information about family visiting and other services
that can help you build a meaningful relationship with your child during and after your time in treatment.
■ Visit with your child, unless a court order prohibits visits. Ask about
video/teleconferencing if in-person visits are not possible.
■ Be kept up to date on your child’s health, development, and
progress in school.
■ Be informed about court proceedings and attend them, if possible.
■ Be assigned an attorney, if you are financially eligible.
You have the
responsibility
to:
■ Make regular contact with your child and/or the foster care agency.
Although this can be difficult while you are in a treatment facility, you are expected to make efforts to communicate with your child
unless a court order prevents this. You must be able to show your caseworker and the judge that you have made this effort.
■ Show that you’re planning for your child’s future. Identify
someone who can care for your child while you are away.
■ Stay in touch with your child’s caseworker, your family
caseworker, and your attorney.If you haven’t had contact with
the caseworker, Social Services, or the foster care agency for six months, it can be considered abandonment of your child and a petition could be filed to terminate your parental rights.
■ Complete any programsyour
Family Service Plan requires.
■ Participate in Family Court
proceedings.Contact your
attorney if you are unable to attend a court proceeding. Make sure your attorney has copies of all of your relevant documents.
Pub. 5114.1P (6/11) (RTF male)
