N.Y. Comp. Codes R. & Regs. tit. 18, § 435.4 – Provision of respite care and services.

(a) Respite care and services may be provided by:
1. (1) providing temporary care for a child or foster child outside of his or her home or foster home in order to allow the parent(s), foster parent(s) and/or remaining family members an opportunity to recover family functioning without the stress of having a child or foster child present in the home; or
2. (2) providing temporary care in the home or foster home for a child or foster child when the parent(s) or foster parent(s) will be absent from the home, in order to maintain family functioning pending the return of the parent(s) or foster parent(s) to the home or foster home.
  (b)
3. (1) If a parent does not agree to the plan for respite care and services for a child in the parent's custody, the provision of respite care and services must be deemed refused and cannot be provided. When respite care and services are refused by a parent, other services to resolve the problem or situation giving rise to the consideration of respite care and services must be explored.
4. (2) If a foster parent objects to a plan for respite care and services for a foster child or for foster children in such foster parent's care, the social services district or voluntary authorized agency supervising such foster parent must take the foster parent's concerns into account, and must explore the provision of such other services or actions as may resolve the situation or problem giving rise to the consideration of respite care and services.
(c) Prior to the provision of respite care and services to a family as a mandated preventive service, the parent(s), as defined in section 435.2(b) of this Part, have the right to approve or disapprove the specific respite care and services provider who is to provide such services. In addition, the parent(s) must provide to the social services district or supervising voluntary agency and to the respite care and services provider a written statement containing:
1. (1) the name and telephone number of the child's physician or medical service provider;
2. (2) instructions or actions to be taken in the case of an emergency;
3. (3) an authorization for the provision of emergency medical services;
4. (4) the names, addresses and telephone numbers of the child's parents, guardian or caretaker, and, if the parent(s), guardian, or caretaker will be absent from the home, instructions on how to contact the parent(s), caretaker or guardian; and
5. (5) any necessary instructions regarding the child's care.
(d) Respite care and services to families must be terminated upon the request of the parent(s). Respite care and services to foster families may be terminated upon the request of a foster parent or of any child or foster child 10 years of age or older who is in receipt of respite care and services. Upon the termination of respite care and services under such circumstances, the social services district and/or agency providing such services must explore other service needs with the family or foster family and seek to arrange or provide such services as may be appropriate.
(e) Respite care and services for families are not to be provided when the child's behavior is such that it presents a serious danger to the child or others or when the child's adjustment and/or developmental problems require an extended period of absence from the child's home and family in order to make an adequate diagnosis and assessment of the child's condition and of the child's and/or family's need for services and such period of absence is expected to extend for more than 21 days.
(f) Respite care and services for families must be provided only:
1. (1) in the home of an individual provider of respite care and services approved by the social services district, or by a voluntary authorized agency or a preventive services agency on behalf of the district, to provide respite care and services for families pursuant to the local standards developed in accordance with section 435.6 of this Part; or
2. (2) in a foster family boarding home or emergency foster family boarding home approved by a social services district or voluntary authorized agency to provide respite care and services; or
3. (3) in the home of the family when the parent(s) are absent, by an individual provider approved pursuant to section 435.6 of this Part or by a certified or approved foster family boarding home provider who has been approved by the social services district to provide respite care and services for families; or
4. (4) in an agency boarding home, a group home, a group residence, or an institution which has been approved by the social services district to provide respite care and services when the needs of the child require the additional services, support, or structure available in such setting; or
5. (5) in the home of an individual provider or in the facility of a program certified or approved by the Office of Mental Health or the Office of Mental Retardation and Developmental Disabilities to provide care for children and which has been approved by the social services district to provide respite care and services for families when the child needs the additional services, support, or structure available in such setting.
(g) Respite care and services for foster families must be provided only:
1. (1) in a foster family boarding home approved by a social services district or voluntary authorized agency to provide respite care and services; or
2. (2) in an emergency foster family boarding home approved by a social services district or voluntary authorized agency to provide respite care and services; or
3. (3) in an agency boarding home, a group home, a group residence, or an institution other than a public institution of 25 beds or more which has been approved by the social services district to provide respite care and services when the needs of the foster child require the additional services, support, or structure available in such setting; or
4. (4) in the home of a foster family as provided in paragraph (a)(2) of this section when the foster parent(s) are absent.
(h) [Reserved]
(i) When a foster family boarding home is used to provide respite care and services for a child or foster child or when an emergency foster family boarding home or an agency boarding home is used to provide respite care and services for a foster child, the total number of foster children in the home receiving either regular foster care or respite care and services must not exceed the number of children for whom the home is licensed or approved to provide care. Notwithstanding any other provision in this Title, the number of the children in the home may exceed the approved or certified capacity by up to two children when siblings are placed together in foster care or are cared for together in respite care.
(j) [Reserved]
(k) The provision of respite care and services for foster families or for families by group homes, group residences and institutions is subject to the age restriction and appropriateness of placement provisions contained in section 430.11(d) and (f) of this Title. The total number of children receiving either foster care or respite care and services must not exceed the number of children for whom the group home, group residence or institution is certified to provide care. The provision of respite care and services for foster children by group homes is also subject to the provisions of section 371(17) of the Social Services Law.