CPS Manual

Other Notices to Parents/Families

• Denied Access to Child During Investigation:

  • If a CPS worker is denied access to a child, the home, or any children in the household during an abuse/maltreatment investigation and believes a child's life or health is in danger, they must inform the parent, PLR (Person Legally Responsible), or adult residing with the child that:
    • The CPS worker may contact the Family Court for an immediate order to gain access without further notice.
    • Law enforcement may be contacted and will respond and remain where the child is believed to be present (SSL §424(6-a)).
  • Prior notification is required for obtaining a court order. The CPS worker must specify the date of notification in the court order application. Notification can be verbal or written.

• Right to Refuse Services:

  • When a child abuse/maltreatment report is indicated, and after safety and risk assessment, the CPS worker must offer appropriate services to the child and/or family.
  • The family must be informed that they cannot be forced to accept the services offered.
  • The CPS may petition the Family Court for a determination that a child needs care and protection and that services are necessary. Notification can be verbal (SSL §424(10)).

Law Enforcement Notifications of a Child’s Death

• Medical Examiner or Coroner:

  • Any mandated reporter, including CPS, suspecting a child's death resulted from abuse/maltreatment must report it to the medical examiner or coroner.
  • The medical examiner or coroner must accept the report for investigation and issue a preliminary written report within 60 days (absent extraordinary circumstances).
  • The final written report must be promptly sent to the police, district attorney, CPS, OCFS, and the reporting hospital (SSL §418; 18 NYCRR 432.3(e)).
  • CPS must document the report's findings in CONNX.

• District Attorney:

  • CPS must notify the District Attorney via telephone and immediately forward a copy of the abuse/maltreatment report involving a child's death.
  • Also, see Chapter 6, Section L.2 (Communicating with district attorneys and police agencies) and Chapter 6, Section K (Child fatalities) (SSL §424(4); 18 NYCRR 432.3(d)).
  • CPS must give telephone notice and immediately forward to law enforcement a copy of any report from the SCR involving the death of a child (SSL §424(5-a)).

• Office of Children and Family Services (OCFS):

  • An LDSS, including CPS, must notify its OCFS regional office within 24 hours if:
    • The death allegedly occurred due to child abuse/maltreatment (CPS received a report from the SCR).
    • The child was in foster care at the time of death [18 NYCRR 441.7(c)(1)].
    • The child was in an open protective services case.
    • The child was in an open preventive services case.
  • The LDSS must follow up with Form OCFS-7065, “Agency Reporting Form for Serious Injuries, Accidents, or Deaths of Children in Foster Care and Deaths of Children in Open Child Protective or Preventive Cases,” submitting it to OCFS. (http://ocfs.ny.gov/main/documents/.)
  • Reference: “Notification to OCFS of the Death of Children in Open Child Protective or Preventive Services Cases” (06-OCFS-LCM-13).

Notices of Certain Reports

• Law Enforcement:

  • CPS must give telephone notice and immediately forward to the appropriate local law enforcement a copy of any report received from the SCR involving:
    • Sexual abuse of a child, or
    • Physical injury that meets the definition of abuse, as described in FCA §1012(e)(i) (SSL §424(5-a)).
  • Exception: If the LDSS and law enforcement have an OCFS-approved protocol on joint investigations stating otherwise.
  • Unless an OCFS-approved protocol states otherwise, the LDSS must assess in a timely manner whether to notify law enforcement of any suspected maltreatment report that:
    • Alleges physical harm, and
    • The source of the report is a mandated reporter, and
    • There have been two other indicated or pending reports within the last six (6) months involving the same child, the named child’s siblings, other children in the household, or the subject of the report (SSL §424(5-b)).

• District Attorney:

  • CPS must provide the District Attorney’s office with immediate telephone notice and copies of all reports if the District Attorney’s office has submitted a prior request in writing (SSL §424(4); 18 NYCRR 432.3(g)).
  • The District Attorney’s office must specify the types of allegations about which it wants notice and copies, including copies of the relevant laws.
  • CPS may not notify the District Attorney of any reports assigned to FAR (SSL §427-a(5)(d)).

• Office of Children and Family Services:

  • An LDSS should notify its OCFS Regional Office within 24 hours of a serious injury (requiring a physician's services and, in the physician's opinion, may cause death, serious disability, or disfigurement) or accident involving a child in foster care.
  • Within 72 hours, the LDSS should follow up with Form OCFS-7065 (3/2008), submitting it to the OCFS Regional Office.

Notification of Report Amendment or Expungement

• Whenever a closed child abuse or maltreatment report is amended or expunged, OCFS must notify (SSL §422(9)):
  • The subject of the report.
  • Any other person named in the report.
  • The applicable investigative agency (i.e., CPS).
  • If the child was in an out-of-home setting at the time of the report:
    • The local social services commissioner or school district placing the child.
    • The state agency with jurisdiction over the facility or program.
    • The director or operator of the residential care facility or program.
    • Any attorney for the child appointed by a family court judge during the child's placement.

Chapter 13: Confidentiality and Legal Sealing

Confidentiality of CPS Records

• All information maintained by OCFS, LDSSs, and other authorized agencies must comply with federal and state statutes and regulations regarding confidentiality.
• All staff must protect the confidentiality of information related to the children and families served, whether obtained through face-to-face contact, telephone, letter, or computer database access.
• All information collected via CPS work is confidential [18 NYCRR 432.7 and SSL §§422(4)(A) & 427-a(5)(d)].
• OCFS and LDSSs collect and maintain personal information about children and families while performing duties such as CPS investigations or Family Assessment Response (FAR).
• The collection, maintenance, use, and dissemination of personal information affects an individual’s right to privacy, and federal and state statutes authorize release only under specific circumstances.

Requests for Information

• When OCFS or an LDSS receives a request for information, they must determine whether the information requested may be released to that entity or individual.
• Each LDSS and Voluntary Authorized Agency (VA) is responsible for informing staff and volunteers of their legal responsibilities regarding confidentiality, disclosure, and privacy for the children and families they serve.
• Unauthorized release of child protective information is a breach of confidentiality, and state law sets criminal penalties for the willful release of confidential CPS information to any unauthorized person or agency [SSL §422(12)].
• All OCFS, LDSS, and VA staff must respect and safeguard confidential information.
• Information in CPS records is confidential and may be disclosed only when authorized by law. Confidential CPS information includes all reports registered by the SCR, information obtained, reports written, and photographs taken related to a CPS report in the possession of OCFS or the LDSS.
• CONNECTIONS (CONNX) includes information about individuals associated with child protective cases, Family Services Intakes, Family Services Stages, foster care providers, and state and LDSS staff, and VA personnel.
• CPS may need to access information via CONNX person searches for investigations or FAR.
• CPS is not authorized to conduct a clearance (Database Check) on an individual, only the SCR can.

Access to CPS Records

• While CPS records are confidential, Section 422(4)(A) of the SSL sets forth exceptions.
• These exceptions cover individuals and/or agencies entitled to confidential information related to indicated reports or reports currently under investigation.
• There are separate confidentiality exceptions for unfounded reports (Section 422(5) of the SSL) and FAR reports (Section 427-a(5)(d) of the SSL).
• Common requests come from:
  • A person who is the subject of the report or other persons named in the report
  • A court, upon a finding that the information in the record is necessary for the determination of an issue before the court
  • A probation service
  • Members of a local or regional fatality review team approved by OCFS
  • A CPS in another state
• For local procedures, see the county attorney's office or contact the OCFS legal division.

Releasing Information to a Criminal Justice Agency

• A criminal justice agency is defined as “…a district attorney, an assistant district attorney or an investigator employed in the office of a district attorney; a sworn officer of the division of state police, of the regional state park police, of a county department of parks, of a city police department, or of a county, town or village police department or county sheriff's office or department; or an Indian police officer” [SSL §422(4)(A)(l)].
• CPS frequently works with law enforcement agencies, and information can be provided in the following circumstances:
  • A criminal justice agency requests the information stating it is necessary for a criminal investigation or prosecution; there is reasonable cause to believe the person is the subject of a report; and it is reasonable to believe the information may be related to the investigation and/or prosecution [SSL §422(4)(A)(l)(i)].
  • A criminal justice agency requests the information stating it is conducting a missing child investigation, and:
    • It has reason to suspect that a parent, guardian, or other person legally responsible for the child is or may be the subject of a report, or that the child or the child’s sibling is or may be named in a report, and
    • Any such information is or may be needed for the investigation of the missing child [SSL §422(4)(A)(l)(ii)].
  • A criminal justice agency requests the information while acting in its capacity as a member of a multi-disciplinary team (MDT) established by the LDSS pursuant to Section 423(6) of the SSL [SSL §422(4)(A)(x)].
  • A criminal justice agency requests the information while acting in its capacity as a member of an OCFS-approved local child fatality review team (CFRT) and the information is necessary for the preparation of a fatality report pursuant to Sections 20(5)(d) and 422-b(2) of the SSL [SSL §422(4)(A)(w)].
  • In most cases, an LDSS may provide information from CPS reports to a criminal justice agency only when a subject has been indicated or when the report is under investigation at the time that access to the information is sought.
  • However, criminal justice agencies may have access to unfounded report information in three situations:
    • When the criminal justice agency is acting in its capacity as a member of an MDT and is involved in the MDT investigation of a subsequent report of suspected abuse or maltreatment involving a subject of the unfounded report, a child named in the unfounded report, or a child’s sibling named in an unfounded report [SSL §422(5)(a)(iii)].
    • When the criminal justice agency verifies that the unfounded report information is necessary to investigate or prosecute an alleged intentional false report to the SCR, pursuant to Section 240.50(4) of the Penal Law [SSL §422(5)(a)(v)].
    • When the criminal justice agency is acting in its capacity as a member of an OCFS-approved CFRT and the unfounded report information is necessary for the preparation of a fatality report pursuant to Sections 20(5)(d) and 422-b (2) of the SSL [SSL §422(5)(a)(ii)].
  • An LDSS must not share information with a criminal justice agency from the record of any CPS report that was assigned to FAR.
  • The LDSSs must ensure the requestor is authorized to access such information before providing confidential information to the requestor.

Releasing Information to Other Agencies

• CPS and authorized agencies providing preventive, foster care, and/or adoption services share responsibility for assisting families to succeed in meeting the needs of their children.
• Staff members’ ability to access information relevant to the families they are serving provides significant benefits to all staff as well as to children and families.
• When an LDSS refers a child or family to a VA for foster care or adoption services, to a preventive services agency, or when a child or a child’s family has referred themselves for such services at the request of CPS or the LDSS, the agency providing such services is authorized to receive reports or other necessary information from “under investigation” or “indicated” reports of abuse or maltreatment.
• Persons or agencies given access to information may exchange such information to facilitate the provision or coordination of services to the child or the child’s family [SSL §422(4)(A)(o)].
• Other than the exchange of information to facilitate the provision or coordination of services, service providers are prohibited from redisclosing CPS information.
• VAs providing foster care for a child named in a report, whether “under investigation” or “indicated,” are authorized access to CPS information during the time the VA is responsible for the care of the child [SSL §422(4)(A)(c)]. VA staff may also contact the CPS worker to discuss the safety concerns in the case, allegations in the report, and other critical issues that the VA worker needs to know to provide ongoing services and support to the family and further protection of the child(ren).
• CPS is required to ascertain whether the child named in a CPS report or any other child in the home is in the care, custody, or guardianship of an authorized agency (i.e., an LDSS other than the LDSS of which the CPS is a part and/or a VA) and, if so, to provide such authorized agency or agencies with a copy of the report of suspected abuse or maltreatment as soon as possible.
• In addition, CPS must also inform the other LDSS and/or VA of the outcome of the CPS investigation, specifically whether the report was indicated or unfounded [SSL §424(6)(b)].
• Authorized voluntary and preventive services agencies that obtain confidential CPS information are prohibited from redisclosing such information, except as authorized by law. When an authorized voluntary agency or a preventive services agency is advised by CPS of the existence of a report of suspected child abuse or maltreatment, such agency must not notify the family or child of the existence of the report. Such disclosure is not authorized by law and may jeopardize the investigation and the efforts to prevent further abuse or maltreatment.
• If a parent or child asks the authorized voluntary agency or preventive services agency to provide information that the agency has received from CPS, the agency should refer the parent or child to the applicable CPS to request access to the information.

Releasing Information to the Public

• The OCFS Commissioner and LDSS commissioners may disclose CPS information to the public under limited circumstances [SSL §422-a(1)]. (In this context, disclosure to the public means release to any person or agency not otherwise entitled to access to SCR/CPS information pursuant to Sections 422(4)(A), 422(5)(a) or 427-a(5)(d) of the SSL, as discussed above.)
• Determine that the disclosure is not contrary to the best interests of the child, the child’s siblings, or any other children in the household [SSL §422-a(1)]. In making such determination, the OCFS or LDSS commissioner must consider the privacy interests of the child(ren) and family, and the effects any disclosure may have on efforts to reunite and provide services to the family [SSL §422-a(5)].
• If that determination is made, and if any one of the following factors is present, OCFS or the LDSS Commissioner may release the information. The factors are:
  • The subject of the report has been charged in an accusatory instrument with committing a crime related to a report maintained in the SCR.
  • The investigation of the abuse or maltreatment of the child by the local CPS or the provision of services by CPS has been publicly disclosed in a report required to be disclosed in the course of their official duties by a law enforcement agency or official, a district attorney, any other State or local investigative agency or official, or by a judge of the unified court system.
  • There has been a prior knowing, voluntary, public disclosure by an individual concerning a report of child abuse or maltreatment in which such individual is named as the subject of the report.
  • The child named in the report has died or the report involves the near fatality of a child. “Near fatality” means an act that results in the child being placed, in serious or critical condition, as certified by a physician [SSL §422-a(1)].
• If OCFS or the LDSS determines that CPS information may be released, the information that may be released is limited, based on the status of the investigation.
• If the request for public disclosure is made while the report is under investigation, the only information that may be disclosed is a statement that a report is “under investigation” [SSL §422-a(3)(a)].
• If there was a prior request for public disclosure while the report was under investigation and the report is unfounded, the only information that may be released is a statement that “the investigation has been completed, and the report has been unfounded” [SSL §422-a(3)(b)]. If no such prior request was made, the fact that a report was unfounded may not be released, except in connection with a subsequent indicated report, as discussed below.
• If the report has been indicated, the information that may be released is limited to:
  • The name(s) of the abused/maltreated child(ren)
  • That the report was indicated, and the basis for that determination
  • Identification of CPS and other services provided to the child(ren) named in the report and the family
  • Whether any SCR report concerning the child(ren) named in the report has been indicated
  • Any actions taken by CPS and the LDSS in response to the report at issue and previous CPS reports, including the dates of such reports (including unfounded reports)
  • Whether the child(ren) or family received care or services from the LDSS prior to each SCR report involving the child(ren)
  • Any extraordinary or pertinent information concerning the circumstances of the abuse or maltreatment and the CPS investigation, where the OCFS or LDSS commissioner determines that such disclosure is consistent with the public interest [SSL §422-a(2) & (3)(c)].
• However, no information may be released that would identify the source of the report, or the name(s) of the abused or maltreated child’s siblings, parent or other person legally responsible for the child, or other members of the child’s household, other than the subject(s) of the report [SSL §422-a(4)].
• Further, the substance or content of any psychological, psychiatric, therapeutic, clinical or medical reports, evaluations, or similar materials (including the reports, evaluations or other materials themselves) pertaining to the child(ren) or family may not be released except as it applies directly to the cause of the abuse or maltreatment. The LDSS commissioner must consult with the local director of mental hygiene prior to authorizing the release of any psychological, psychiatric or therapeutic reports, evaluations, or similar materials [SSL §422-a (7)].
• There is no authority to publicly disclose the existence of a FAR report, or any information from such a report.
• Attorneys for the LDSS or attorneys for OCFS should be consulted prior to the release of any information to the public.
• In addition, where information will be disclosed, the LDSS commissioner must notify in writing the chief executive officer of the county in which the abuse/maltreatment occurred setting forth the basis for the determination to disclose the CPS information [SSL §422-a(6)].

Legal Sealing of Unfounded CPS Records

• Before February 12, 1996, when CPS determined there was no credible evidence to substantiated allegations in a CPS report, the report was expunged.
• Unfounded CPS reports must be legally sealed and remain on file for 10 years from the date the oral report was received by the SCR. Legally sealed unfounded reports are expunged 10 years after the receipt of the report [SSL §422(5)(a) & (b)].
• Please see Chapter 3, Statewide Central Register Responsibilities, for information on the early expungement of unfounded reports.
• Unfounded reports may only be unsealed and made available to [SSL §422(5)(a)]:
  • OCFS for the purpose of supervising an LDSS
  • OCFS and local or regional fatality review team members for the purpose of preparing a fatality report
  • CPS, OCFS, or all members of a local or regional multidisciplinary investigative team or the Justice Center for the Protection of People with Special Needs when investigating a subsequent report of suspected abuse, neglect or maltreatment involving a subject of the unfounded report, a child named in the unfounded report, or a child's sibling named in the unfounded report
  • The subject of the report
  • A district attorney, an assistant district attorney, an investigator employed in the Office of a District Attorney, or to a sworn officer of the division of state police, of a city, county, town or village police department or of a county sheriff's office when such official verifies that the report is necessary to conduct an active investigation or prosecution of an alleged intentional false report to the SCR, which is a violation of Penal Law 240.50(4)(a).

Chapter 14: Appendices

Forms (non-CONNECTIONS)

1. New York State Unified Court System (UCS) Family Court: Child Protective Forms

   • Information is available online at http://www.nycourts.gov/forms/familycourt/childprotective.shtml

2. New York State application for certain benefits and services (LDSS-2921 Statewide, [Rev. 7/16])

   • Common application for:
     • Public Assistance
     • Child Care in lieu of Public Assistance
     • Supplemental Nutrition Assistance Program
     • Medicaid and Public Assistance
     • Services, including Foster Care
     • Emergency Assistance Only

3. Plan of Safe Care (NYS OCFS Form-2196)

   • Downloadable form available at https://ocfs.ny.gov/main/Forms/Foster_Care/OCFS-2196.docx
   • All OCFS forms are available at https://ocfs.ny.gov/main/documents/forms_keyword.asp

4. Forms to implement, relaunch, or modify a family assessment response (FAR)

   • OCFS-4362, Application to Relaunch a Child Protective Services (CPS) Family Assessment Response (FAR) Program
   • OCFS-4363, Family Assessment Response (FAR) Change Request Form
   • OCFS-4364, Family Assessment Response (FAR) Implementation Guidelines
   • OCFS-4365, Application to Provide a Child Protective Services (CPS) Differential Response System by Adding Family Assessment Response (FAR)

Model Letters

• OCFS creates model letters that provide suggested language for districts and voluntary agencies to use for specified purposes. Districts and VAs should place model letters on agency letterhead and may modify language in the model letter as appropriate.

1. Sharing of confidential client-identifiable information between Child Protective Services (CPS) and Protective Services for Adults (PSA)

   • Some LDSSs have sought clarification of permissible means of sharing client-identifiable CPS information with Protective Services for Adults (PSA).
   • SSL §422(4)(A)(o) permits a CPS or an LDSS to provide CPS information to a provider or coordinator of services to which the CPS or LDSS has referred a child named in a CPS report or the child’s family, or to whom the child or the child’s family has referred themselves at the request of CPS or the LDSS, where the child has been reported to the Statewide Central Register of Child Abuse and Maltreatment (SCR).
   • The statute authorizes CPS to provide reports or other information necessary to enable the provider or coordinator of services to establish and implement a services plan for the child or family, to monitor the provision or coordination of services, or to directly provide services to the child or family. Such disclosure may not include information that would identify the source of the report, absent the written consent of the source. CPS information received by the provider or coordinator of services is also subject to limitations on redisclosure, as set forth in SSL §422(4)(A).
   • A PSA unit of an LDSS is considered to be a permissible provider or coordinator of services to which CPS may refer a family involved in a CPS case that is pending determination or that is an indicated report.
   • There is no authority in SSL § 422(4)(A)(o) for the disclosure to providers or coordinators of services of CPS information from an unfounded report of child abuse or maltreatment.
   • The “Authorization for Information” model letter can be found as an attachment to 12-OCFS-INF-01 Sharing of Confidential Client-identifiable Information Between Child Protective Services (CPS) and Protective Services for Adults (PSA).

2. Model letter – consent for temporary placement of child(ren) in foster care (pursuant to FCA §1021)

   • This letter is used for the parent(s) or legal guardian(s) to give written consent to have the child(ren) temporarily removed from the home as per the FCA §1021 for details

3. Intent to ask Family Court for a temporary removal (per FCA §1023)

   • This letter is a notice to parent(s) or legal guardian(s) that CPS uses an application with the County Family Court for an order to temporarily remove child(ren) as per the FCA §1023.

4. Mandatory reporter consent to release identifying information

   • This letter is used by a mandated reporter to authorize the release of his/her identity to a specified person as a source of a report made to the SCR.

5. Model notice of the existence of a report (sent by a custodial agency where children are in foster care in a different social services district)

   • This model notice informs the LDSS that a report of suspected child abuse or maltreatment has been made regarding a child in foster care who is under the LDSS’s care and custody. See policy 16-OCFS-ADM-13, “Requirements Relating to CPS Reports Regarding Foster Parents.”

6. Relative Model Notification Letter

   • Both federal and state law require that due diligence be exercised to identify and locate a child’s relatives within 30 days of the child’s removal from the custody of the child’s parent(s).
   • The local social services district must provide the relatives with notification of the child’s removal and explain the options under which the relatives may provide care of the child through foster care or direct legal custody or guardianship, including kinship guardianship assistance, and any options that may be lost by failure to respond timely to the notification [see also 18 NYCRR 430.11(c)(4)].
   • OCFS permits social services districts to make the notification verbally or in writing and does not prescribe a required format for the written notification. However, it is strongly recommended by OCFS and ACF that written notice be made. OCFS requires that at the time of the child’s removal that relatives be given a copy of Know Your Options: Kin Caring for Children (Pub. 5175) and Make an Informed Choice: Kin Caring for Children (Pub. 5120).
   • The relative may also be given, Having a Voice & a Choice: New York State Handbook for Relatives Raising Children (Pub. 5080) (see 09 OCFS-ADM-04).
   • Also
     • At the time a caregiver chooses to provide care outside of the foster care system and, at any time that it becomes known that a person is a non-parent caregiver • Know Your Resources: Non-Parent Caregiver Benefits (Pub. 5194) (see 20-OCFS-ADM-05)
     • If the relative chooses to become a foster parent or when the a child’s foster care placement changes the relatives must be given a copy of Know Your Permanency Options: The Kinship Guardianship Assistance Program. OCFS has developed a model notification letter that includes a brief description of the KinGAP option for relatives (other than a non-custodial parent).
   • LDSS may use this model or develop their own relative notification letter, as long as it includes information on KinGAP, or verbally share this information with the relative(s).

7. Parent of Sibling (Model) Notification Letter

   • The Preventing Sex Trafficking and Strengthening Families Act (the Act) expanded the range of relatives who must be notified when a child is removed from his or her home or when parents voluntarily transfer care and custody of the child in accordance with SSL §384-a.
   • With the Act’s requirement for relative notification, the birth or adoptive parents with legal custody of the removed child’s sibling(s) or half-sibling(s) are now considered to be adult relatives for whom the LDSS must exercise due diligence to identify and provide notification of the child’s removal and explain the options under which the sibling’s parent(s) may provide care of the child through foster care or direct legal custody or guardianship, including kinship guardianship assistance, and any options that may be lost by failure to respond timely to the notification [see also 18 NYCRR 430.11(c)(4)].
   • See 15-OCFS-ADM-01 for more information on the notification requirement.
     • Below is the Sibling Parent Notification Letter (Model Letter).
     • The letter contains a brief description of KinGAP, as KinGAP may later become a viable permanency option. See policy 18-OCFS-ADM-03. LDSS may use this model or develop their own notification letter, so long as it includes information on KinGAP.
     • OCFS also requires that a copy of Know Your Permanency Options: The Kinship Guardianship Assistance Program be given (see 18-OCFS-ADM-03).

8. Non-Relative Notification Letter

   • Chapter 384 of the Laws of 2017, otherwise known as “KinGAP Expansion”, expanded eligibility for KinGAP to include certain non-relatives of a child. Such persons are adults who have been caring for a child in foster care for 6 months or more, and:
     • are related by blood, marriage, or adoption to a half-sibling of the child, and are also the prospective or appointed relative guardian of such half-sibling, or
     • have a positive relationship with the child that was established prior to the child’s current foster care placement.
   • After a child’s removal, the court will direct the LDSS to identify and notify relatives and any suitable persons identified by any respondent parent or non-respondent parent and inform them of the options for taking custody [see §1017 FCA]. Such suitable persons include non-relatives who may, should they decide to care for the child through foster care, become eligible for KinGAP. Therefore, OCFS has developed a model notification letter for non-relatives that includes information about KinGAP.
   • LDSS may use this model or develop their own notification letter, so long as it includes information on KinGAP. OCFS also requires that a copy of Know Your Permanency Options: The Kinship Guardianship Assistance Program (Pub. 5108) be given (see 18-OCFS-ADM-03).

Alternative Notice of Existence of Report Letters

• There have been changes to several written communications that CPS is required to provide to persons who are the subject of a report of alleged child abuse or maltreatment that are accessible in CONNECTIONS, such as the “notice of existence,” “notice of indication,” and “notice of unfounding” letters.
  • These letters have been revised to reflect the changes in the law and so that the information provided to the subject of the report is conveyed in plain language. LDSS staff are required to use the revised letters for investigations where the report of alleged child abuse or maltreatment is accepted by the SCR on or after January 1, 2022. Translated versions of these updated letters will also be available on the OCFS intranet and/or website

Notice of Child Custody Proceeding for Native American Child

• It is necessary to determine at the outset of any court proceeding subject to the Indian Child Welfare Act (ICWA) whether ICWA applies to the child.
• This promotes stability for the Indian child and the family, and reduces the need for delays and disruptions in the placement decisions for the child. Any child believed to be a Native American child must be treated as such, unless and until it is determined that the child is not a Native American child.
• If there is ‘reason to know’ in a child custody proceeding that a child is a member or citizen of a tribe/nation, the LDSS must notify the Family Court of this in writing.
• The LDSS then must notify by either certified or registered mail return receipt requested the tribe(s)/nation(s), parent(s), and, where applicable, any Native American custodian of the scheduled court proceeding and of their rights under ICWA. A copy of this letter must also be sent to the Bureau of Indian Affairs’ (BIA) eastern regional director. If the identity or location of the parent, Native American custodian or the tribe/nation cannot be determined, the notice must also be sent to the OCFS Bureau of Native American Services.
• For more information, please see 21-OCFS-ADM-02 and 17-OCFS-ADM-08.
• It is necessary to determine at the outset of any court proceeding subject to the Indian Child Welfare Act (ICWA) whether ICWA applies to the child.
• This promotes stability for the Indian child and the family, and reduces the need for delays and disruptions in the placement decisions for the child. Any child believed to be a Native American child must be treated as such, unless and until it is determined that the child is not a Native American child.* If there is ‘reason to know’ in a child custody proceeding that a