Interim Policy in Effect

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2 Interim Policy in Effect 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 incarcerated 1 or 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 others 3, 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. 2

3 Interim Policy in Effect 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 VIII. Communicating with Incarcerated Parents and Correctional Counselors A. Telephone Communication Between Case Planners and Parents Through Correctional Counselors B. Parents Communicating with ACS via Telephone C. Parents Communicating with Provider Agency Staff D. Communicating with Parents via U.S. Mail IX. Communicating with Parents in Residential Substance Abuse Treatment and Substance Abuse Counselors X. Parent-Child Visiting and Minimum Casework Contact Requirements A. Parent-Child Visiting Requirements B. Options for Long-Term Sentences C. Casework Contacts XI. Arranging Child Safety and Permanency Planning Conferences XII. Orders to Produce XIII. Determining if the Parent s Continued Involvement is in the Best Interests of the Child XIV. Documentation XV. Procedures 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 3

4 Interim Policy in Effect 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) 4

5 Interim Policy in Effect 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: Q (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 Contacts 6 a. New York City Department of Correction (DOC): (718) or b. Federal Correctional Facilities: (202) c. Tri-State Area State Facilities: i. New York: (518) ii. New Jersey: (609) iii. Connecticut: (860) 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: b. The DOCCS Facility Lookup is available at: 4. If a case planner has difficulty locating an incarcerated parent, he or she may contact the ACS Diligent Search Unit by ing ACSDSU@DFA.STATE.NY.US or calling the Children of Incarcerated Parents Program (CHIPP) at (212) 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. 4 A 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. 6 For information on minor parents placed at NYS OCFS facilities and ACS facilities, see sections II(C) and II(D). 5

6 Interim Policy in Effect 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: 2. For parents who may be in federal prison: Federal Bureau of Prisons inmate lookup 3. For parents who may be in an immigration detention center: a. US Immigration and Customs Enforcement inmate lookup OR b. 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: 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) or (718) 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 KID-CHEK ( ). Once contact is made, the case planner must follow the procedural steps as described herein. 6

7 Interim Policy in Effect 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: 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. 7

8 Interim Policy in Effect 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 obligations 7. Case planners may also request the booklet Out of Sight, Not Out of Mind by contacting CHIPP at (212) 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. 7 See Attachments B and C. 8

9 Interim Policy in Effect G. The case planner must consult the parent in the consent 8 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 Care (in revision), dated 10/18/99. 9

10 Interim Policy in Effect 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 Counselors 9 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) 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) 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 the surrounding states. 10

11 Interim Policy in Effect Parents and Children s Rights Helpline of the ACS Office of Advocacy, at (212) 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. 11

12 Interim Policy in Effect X. Parent-Child Visiting 10 and Minimum Casework Contact Requirements 11 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-bycase basis unless they are court ordered, in which 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) (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 childsensitive 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/ See ACS Guidance #2007/02 (revised 3/30/10), Revised Casework Contacts for Families with Children in Foster Care, dated 10/23/07. 12

13 Interim Policy in Effect 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 13

14 Interim Policy in Effect 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 Produce 12 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 teleconference. 14

15 Interim Policy in Effect 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; D. Explaining the reason that the child has entered foster care, if not already known; 15

16 Interim Policy in Effect 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 Care, dated October 18, 1999 (in revision). 16

17 Interim Policy in Effect 1. Contact CHIPP at (212) 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. 17

18 Interim Policy in Effect 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. 18

19 CONNECTIVITY BETWEEN CHILDREN AND THEIR INCARCERATED PARENTS: HOW TO NAVIGATE THE NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES Commissioner Brian Fischer Acting Deputy Commissioner of Programs Catherine M. Jacobsen 1

20 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 2

21 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 Drug Treatment Campus. 3

22 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. 4

23 Values MISSION STATEMENT of NYS DOCS (con t) 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. 5

24 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 Administrative 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 6

25 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 7

26 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) Program 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. 8

27 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. 9

28 Challenges to Maintaining Connectivity Distance from Residence Transportation Issues Family/Caregiver Issues Lack of Awareness of Incarceration Personal Decision Financial Hardships Orders of Protection 10

29 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) during normal business hours. An example of a Din is : 99 r 1234 or 99 g

30 State Facilities 12

31 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 permitted to take anything from the visiting area. 13

32 Welcome 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. Visitation 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. 14

33 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. 15

34 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 Expediency in regards to processing time 16

35 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 put the request in writing to the Superintendent. 17

36 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 The children's names and ages 18

37 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! 19

38 Click ; This is the Home Page for NYS DOCS

39 Click ; This link provides a listing of all of the facilities, their addresses, phone numbers, security level and a link to MAPQUEST for each facility.

40 Click ; This link provides information on how to contact the NYSDOCS

41 Click ; This link provides specific information on each inmate including location, crime, sentence and county of commitment.

42 Click ; This link provides information, about the inmate, specific policies about communication and sending mail/packages.

43 Click ; This handbook provides a comprehensive view on many areas in the Department to assist families and friends to better understand the NYSDOCS.

44 Click ; 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.

45 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.

46 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 Washington Avenue Albany, New York (518)