Reviewed June 3, 2014

Revised October 11, 2016

CHILDREN IN CARE

POLICY: To determine/clarify responsibilities when children in care become involved with Early Intervention Program.

PURPOSE: The Early Intervention Official (EIO), in consultation with the local Commissioner of Social Services or designee, shall determine the availability of the parent for a foster child, homeless child or child in residential care. The EIO/D will designate who will serve as surrogate parent for a child in the care and custody of the Social Services Agency (per Policy: Surrogate Parent Assignment Process).

REFERENCES:

·  NYS EIP regulation 10NYCRR 69-4.15 Children in Care

·  Policy: Surrogate Parent Assignment Process

·  NYSDOH Protocol for Children in Foster Care Who Participate in the Early Intervention Program

http://www.health.ny.gov/community/infants_children/early_intervention/memoranda/docs/foster_care_protocol.pdf

DEFINITIONS:

·  Municipality of residence: Municipality in which a child or family lived at the time the local social services district assumed responsibility or custody of the child.

·  Municipality of current location: Municipality in which the child lives.

PROCEDURE:

  1. The initial service coordinator will inform the EIO/D of any referral of a child in care. If a child becomes the custody of Social Services while receiving EI services, it is the responsibility of the ongoing service coordinator to notify the EIO/D in a timely fashion of this placement; the EIO/D will promptly notify the Commissioner/Designee of Social Services of the referral. (See Assignment of Surrogate Parent Policy for forms).
  2. The EIO/D will make every effort to protect the rights of the parent to be involved with the decisions related to services for their child.
  3. In conjunction with the Local Department of Social Services, the EIO/D may appoint a surrogate if there is no parent or person in parental relation available. The surrogate will be afforded the same rights and responsibilities as the parent and may represent the child in all matters related to the EI process; the surrogate shall maintain the confidentiality of all the information regarding the child.
  4. The local Social Services Department will be responsible for notifying the service coordinator in a timely manner of any changes in the child’s care; the period of surrogacy shall be for the duration that the child is eligible for EI services or until the child is no longer in the care and custody of the Social Services Department.
  5. The municipality of current location of a foster child or homeless child is responsible for the evaluation and IFSP procedures for an infant or toddler suspected of having a developmental disability; the municipality of current location is responsible to transmit a copy of the IFSP to the municipality of residence. This alerts municipality of residence regarding cost of service.
  6. The municipality of current location will be reimbursed the total cost of services for the child in care. The municipality of residence will be reimbursed at the current rate for the local share of the approved cost. *This is done via reimbursement process at state-level.

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