Children's Services

NYC Admin. Code tit. 21, ch. 9

in effect

NYC Admin. Code § 21-901 Definitions.

§ 21-901 Definitions. Whenever used in this chapter, the terms set forth below are defined as follows: "Abused child" means a child or youth who has been subjected to "physical abuse," "sexual abuse" and/or "psychological abuse" as defined in section four hundred eighty-eight of the New York state social services law while in the custody of ACS. "ACS" means the administration for children's services, or any successor agency charged with operating the city's child welfare system. "Bias-based incidents" means incidents, including fights or altercations between a child and another child or staff, that arose in whole or in part due to a child's perceived or actual sexual orientation, gender expression or gender identity, as reported by such child. "Case worker" means a diagnostic child protective specialist assigned to a zone. "Child" means "youth" as defined in this section. "Commissioner" means the commissioner of ACS. "Detention" means the temporary care and maintenance of youth held: 1. away from their homes pursuant to article three or seven of the family court act; or 2. pending a hearing for an alleged violation of the conditions of release from the New York state office of children and family services or ACS facility or authorized agency; or 3. pending a hearing for an alleged violation of a condition of parole as a juvenile offender; or 4. pending a return to a jurisdiction other than the one in which the youth is held; or 5. pursuant to a securing order of a criminal court if the youth named therein as principal is charged as a juvenile offender; or 6. pending a hearing on an extension of placement; or 7. pending transfer to a facility upon commitment or placement by a court. "Detention facility" means a facility, certified by the New York state office of children and family services, for the care of youth detained in accordance with the provisions of the family court act, regulations of the New York state office of children and family services, and the criminal procedure law. Emergency removal. "Emergency removal" means the removal of a child from such child's place of residence or from the custody of such child's parent, or person legally responsible for the child, pursuant to section 1024 of the family court act. "Entry order" means an order entered pursuant to subdivision two of section ten hundred thirty-four of the family court act to enter specific premises where there is probable cause to believe an abused or neglected child may be found. "Fiscal year" means the fiscal year for the city of New York. "IRT investigation" means an instant response team investigation conducted pursuant to the Administration for Children's Services and Law Enforcement Instant Response Teams Protocol dated February 1998 or any protocol hereafter promulgated that sets forth guidelines for the use of interdisciplinary instant response teams. "Limited secure placement facility" means a placement facility characterized by physically restricting construction, hardware and procedures which are less restrictive than the construction, hardware and procedures of a secure placement facility. "Mechanical restraint" means the use of a mechanical device to restrict the movement or normal function of a portion of a child's body, including but not limited to, handcuffs, leg cuffs, daisy chains or waist restraint. "Neglected child" means a child or youth who has been subjected to neglect as defined in section four hundred eighty-eight of the New York state social services law while in the custody of ACS. "Non-secure detention or placement facility" means a detention or placement facility characterized by the absence of physically restricting construction, hardware and procedures. "Physical injury or impairment" means any confirmed harm, hurt or damage resulting in a significant worsening or diminution of a child's physical condition. "Physical restraint" means the use of bodily force to limit a child's freedom of movement during a physical confrontation or to prevent a confrontation. "Placement" means the temporary care and maintenance of adjudicated youth held away from their homes pursuant to article three of the family court act. "Placement facility" means a facility, certified by the New York state office of children and family services, for the care of youth placed in accordance with the provisions of the family court act and the regulations of the New York state office of children and family services. "Room confinement" means the confinement of a child in a room, including but not limited to the child's own room, when locked or when the child is authoritatively told not to leave. "Secure detention or placement facility" means a detention or placement facility characterized by physically restricting construction, hardware and procedures. "Youth" means a person who resides in a juvenile detention or placement facility in the custody of ACS. "Zone" means one of no fewer than 13 divisions of ACS child protective services headed by a deputy director who exercises oversight over the work of child protective managers, supervisors and child protective specialists in a specific geographic area, or the Office of Confidential Investigations. (Am. L.L. 2021/131, 11/21/2021, eff. 4/1/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2013/044.

NYC Admin. Code § 21-902 Quarterly reports regarding child welfare system.

§ 21-902 Quarterly reports regarding child welfare system. Beginning no later than July 31, 2006 and no later than the last day of the month following each calendar quarter thereafter, ACS will furnish to the speaker of the city council a report regarding New York City's child welfare system that includes, at a minimum, the following information: 1. Child protective services. The following information regarding child protective services shall be included in the quarterly report, disaggregated by zone: a. number of case workers employed and number of vacancies in case work staff at the end of the reporting period; b. experience of case workers, broken down by years of experience in New York City's child welfare system as follows: 1-3 years of experience; 3-5 years of experience; 5-7 years of experience; 7-9 years of experience; 9 or more years of experience; c. average caseload of case workers; d. number of case workers with a caseload of more than 15 cases; e. number of level one supervisors; f. experience of level one supervisors, broken down by years of experience in New York City's child welfare system as follows: number with 1-5 years of experience; 5-10 years of experience; 10-15 years of experience; 15-20 years of experience; 20 or more years of experience; g. number of level two supervisors; h. experience of level two supervisors, broken down by years of experience in New York City's child welfare system as follows: number with 1-5 years of experience; 5-10 years of experience; 10-15 years of experience; 15-20 years of experience; 20 or more years of experience; i. number of child protective managers; j. experience of child protective managers, broken down by years of experience in New York City's child welfare system as follows: number with 1-5 years of experience; 5-10 years of experience; 10-15 years of experience; 15-20 years of experience; 20 or more years of experience; k. number of reports of suspected child abuse or neglect referred to the zone for investigation, disaggregated by the type of case; l. number of reports of suspected child abuse or neglect referred to the zone for investigation that were indicated during the reporting period, disaggregated by the type of case and whether the case was referred to preventive services, court mandated services, foster care placement or closed; m. number of unfounded cases, disaggregated by whether or not the case was referred to preventive services; n. number of investigations that resulted in closure without referral to preventive services, disaggregated by the type of case and whether the case was indicated or unfounded and the reason for closure; o. number of reports of suspected child abuse or neglect referred to the zone that involved a family with respect to which ACS had received at least one prior report of suspected abuse or neglect within the past 24 months, disaggregated by the type of case; p. number of reports of suspected child abuse or neglect referred to the zone that involved a family that had at least one child previously in the foster care system, disaggregated by the type of case; q. number of reports of suspected child abuse or neglect referred to protective services for which protective services conducted a 72-hour case conference, disaggregated by the type of case; r. number of reports of suspected child abuse or neglect referred to protective services for which an elevated risk conference was held, disaggregated by the type of case; s. number of IRT investigations commenced; and t. number of entry orders sought and number of entry orders obtained. 2. Family reunification. The following information regarding family reunification shall be provided in the quarterly report: a. number of families reunited from foster care during the reporting period, disaggregated by zone and by length of stay in foster care in six month intervals; b. of all families reunited during the reporting period, the number of families receiving aftercare services, disaggregated by zone and by the type of services being received; and c. number of children who entered foster care during the reporting period who had been in the custody of the child welfare system within the thirty-six months immediately preceding the reporting period, disaggregated by zone. 3. Emergency removal information.* The following information regarding emergency removals shall be included in the quarterly report required pursuant to this section: * Editor's note: there are two subsections designated as 3. This subsection 3 was added by L.L. 2021/131, 11/21/2021, eff. 4/1/2022. a. The total number of children removed from their parent or a person legally responsible for the children on an emergency basis; b. The race and ethnicity, including two or more races or ethnicities where applicable, of each child and person legally responsible for such child of a family involved in an emergency removal; c. The community district of the residence of any family from which a child has been removed on an emergency basis; d. The primary language(s) spoken by the parent or person legally responsible for the child from whom a child has been removed on an emergency basis; 3. Emergency removal information.* Definitions. For purposes of this subdivision, the term "emergency removal" means the removal of a child from the child's residence or from the custody of such child's parent or primary caretaker pursuant to section 1024 of the family court act. The following information regarding emergency removals shall be included in the quarterly report: * Editor's note: there are two subsections designated as 3. This subsection 3 was added by L.L. 2021/134, 11/21/2021, eff. 4/1/2022. a. The total number of emergency removal cases in which a judge at the initial appearance following the filing of a child protective proceeding pursuant to article 10 of the family court act did each of the following: (i) ordered that the child be remanded to the custody of the commissioner, pursuant to section 1027(b)(i)(A) of the family court act; (ii) ordered that the child be placed with a relative or suitable person other than the child's parent or primary caretaker, pursuant to section 1027(b)(i)(C) of the family court act; (iii) ordered that a child be released to the care of the respondent parent with court ordered supervision pursuant to section 1027(d) of the family court act; (iv) ordered that a child be released to a respondent parent without court ordered supervision pursuant to section 1027 of the family court act; (v) ordered that the child be released to the care of such child's non-respondent parent with court ordered supervision, pursuant to section 1027(d) of the family court act; or (vi) ordered that the child be released to the care of such child's non-respondent parent without court ordered supervision, pursuant to section 1027(d) of the family court act; or (vii) issued no order respecting the child's custody or release status pending further proceedings; b. In cases in which a hearing pursuant to section 1027 of the family court act or section 1028 of the family court act was completed within 7 days of the initial filing, the total number of cases in which, following completion or settlement of the hearing, the court: (i) remanded the child to the custody of the commissioner, pursuant to section 1027(b)(i)(A) of the family court act; (ii) placed the child with a relative or suitable person other than the child's parent or other person responsible for such child's care, pursuant to section 1027(b)(i)(C) of the family court act; (iii) released the child to the care of the respondent parent with court ordered supervision pursuant to section 1027(d) or 1028 of the family court act; (iv) released the child to a respondent parent without court ordered supervision pursuant to section 1027 or 1028 of the family court act; (v) released the child to the care of such child's non-respondent parent with court ordered supervision pursuant to section 1027(d) of the family court act or section 1028 of the family court act; or (vi) released the child to the care of such child's non-respondent parent without court ordered supervision, pursuant to section 1027(d) or section 1028 of the family court act. 4. Contact with foster care youth. Beginning with the report due July 31, 2022, the report shall include the following information regarding contact between a foster care youth, as defined by section 21-902.1, and such youth's parent or caretaker: a. The percent of foster care youth who had their first in-person visit within 2 days; 7 days; and 14 days from when the foster care youth were initially placed in ACS custody; and b. The percentage of foster care youth entering foster care in the quarter who received an ACS placement in a borough other than that which they are from, disaggregated by borough. 5. ACS may use preliminary data to prepare the report required by this chapter to be delivered no later than July 31, 2006 and may include an acknowledgement that any preliminary data used in the report is non-final and subject to change. (Am. L.L. 2021/131, 11/21/2021, eff. 4/1/2022; Am. L.L. 2021/133, 11/21/2021, eff. 11/21/2021; Am. L.L. 2021/134, 11/21/2021, eff. 4/1/2022)

NYC Admin. Code § 21-902.1 Youth and foster care.

§ 21-902.1 Youth and foster care. a. Definitions. For the purposes of this section, the following terms shall have the following meanings: Absent without leave. The term "absent without leave" means a child who has been placed by an authorized agency in foster care in a certified foster boarding home, an approved relative foster home, or a licensed foster care facility, and who is absent without the consent of the person(s) or facility in whose care the child has been placed or the consent of the case planner/caseworker at the facility in whose care the child has been placed for a minimum of three days. ACS housing subsidy. The term "ACS housing subsidy" means the rent subsidies or assistance provided pursuant to section 409-a of the social services law. Adult permanency resource. The term "adult permanency resource" means an adult who has been determined by a social services district to be an appropriate and acceptable resource for a youth and is committed to providing support, advice and guidance to the youth and to assist the youth as the youth makes the transition from foster care to responsible adulthood. Adult residential care. The term "adult residential care" means an adult-care facility contracted by the office for persons with developmental disabilities or the office of mental health established and operated for the purposes of providing long-term residential care, room, board, housekeeping, case management, activities and supervision of five or more adults, unrelated to the operator, who are unable or substantially unable to live independently. Age out. The term "age out" means the discharge of a person aged 18 years or older who has been discharged from care to self or adulthood attained. Another planned permanent living arrangement (APPLA). The term "another planned permanent living arrangement (APPLA)" means a permanency planning goal to assist foster care youth in their transition to self-sufficiency by connecting the youth to an adult permanency resource, equipping the youth with life skills and, upon discharge, connecting the youth with any needed community and/or specialized services. Concurrent plan. The term concurrent plan "concurrent plan" means a plan to help a child in foster care find a permanent, stable home that is being pursued as an alternative to, and simultaneously with, his or her primary plan to find a permanent, stable home. Discharge checklist. The term "discharge checklist" is a form completed by the ACS contracted foster care agency in consultation with a young person leaving foster care that is intended to guide discussions about the youth's plans after leaving care. The document is intended to develop and document a discharge plan that is youth-driven, is as detailed as the youth elects and enables the young person to address any outstanding topics prior to discharge. Education and training voucher. The term "education and training voucher" means a current or successor federal program that provides resources specifically to meet the needs of youth aging out of foster care, through which eligible youth may receive funds to attend a post-secondary education or vocational training program. Exception to policy. The term "exception to policy" means an approval from ACS for a foster care youth to remain living in their foster care placement. Foster care youth. The term "foster care youth" means a person who was placed in an out-of-home placement with the ACS after the filing of a petition in family court pursuant to articles 3, 7, 10, 10a, 10b or 10c of the family court act or social services law sections 358a or 384b. Housing assistance. The term "housing assistance" means any form of help designed to assist youth with finding and maintaining a place of residence including but not limited to ACS housing subsidy, rental assistance received from any other city agency, supportive housing, or any other assistance sufficient to obtain adequate housing, including exception to policy. Independent living stipend. The term "independent living stipend" means the payment a youth receives to attend independent living skills formalized instruction including but not limited to supervised performance in job search, career counseling, finding an apartment or other place of residence, budgeting, shopping, cooking, and house cleaning skills. Kinship guardians assistance program (KinGAP). The term "kinship guardianship assistance program (KinGAP)" means the permanency outcome for children in foster care who have been cared for by a relative for six consecutive months and for whom it has been determined that returning home or adoption are not viable options. Permanent connection to a caring adult. The term "permanent connection to a caring adult" means finding an adult who is committed to providing support, advice and guidance to the youth and to assist the youth as the youth makes the transition from foster care to responsible adulthood. Permanency planning goal. The term "permanency planning goal" means the goal for child permanency as designated in the child's family assessment and service plan and approved by the family court. Special immigrant juvenile status (SIJS). The term "special immigrant juvenile status (SIJS)" means legal immigration status that can be awarded by United States citizenship and immigration services to undocumented immigrant children, for whom family reunification with one or both parents is not a viable option and who have been found dependent upon the juvenile court, and that allows a child to apply for lawful permanent residency. Supportive housing. The term "supportive housing" means housing that is for people with mental health needs or other special needs. Test assessing secondary completion (TASC). The term "test assessing secondary completion (TASC)" means the New York state high school equivalency test which replaced the general education development examination as the primary pathway to a New York state high school equivalency diploma. Trial discharge. The term "trial discharge" means that a child in foster care is no longer in the physical care of the social services district but remains in the legal custody of the social services district. Vocational training. The term "vocational training" means instructional programs, including but not limited to marketable skills or trade or formal on-the-job training. b. Annual reports regarding youth and foster care. Beginning no later than April 30, 2026 for the calendar year 2025 and annually thereafter, ACS shall furnish to the speaker of the council and the public advocate, and post on ACS's website a report regarding youth in foster care. Such report shall include the following information disaggregated where available and indicated with an explanation where not available by age range, gender, race and ethnicity: 1. Discharge outcomes of foster care youth. The following information regarding the discharge outcomes of youth in foster care shall be included in the annual report: i. number and percentage of youth who have been adopted, disaggregated by age from 0 to 21 and over 21; ii. number and percentage of youth who have been reunified with family, disaggregated by age from 0 to 21 and over 21; iii. number and percentage of youth who are placed with family through KinGAP, disaggregated by age from 0 to 21 and over 21; iv. number and percentage of youth who have aged out of care, disaggregated by age from 18 to 21, and over 21; v. number and percentage of youth who left foster care with any other discharge outcome, including discharges to psychiatric institutions, correctional facilities, or unspecified destinations, disaggregated by age from 0 to 21 and over 21; vi. number and percentage of youth who did not consent to remain in foster care past age 18 and for whom the court approved a discharge from foster care, disaggregated by age from 18 to 20; provided, however, that this information shall be included in such report only upon required New York state approval of the necessary changes to the discharge checklist, beginning with the report for the second calendar year following such approval; vii. number and percentage of youth for whom an exception to policy to remain in foster care after age 21 was requested; viii. number and percentage of youth who remained in foster care after age 21 under an exception to policy; ix. number and percentage of youth who requested to return to foster care after not consenting to remain in care after age 18; x. number and percentage of youth who returned to foster care after not consenting to remain in care after age 18. xi. the number and percentage of youth who were absent without leave from foster care at discharge, disaggregated by age from 0 to 21, and over 21. 2. Youth currently in foster care. The following information regarding youth currently in foster care shall be included in the annual report: i. the total number of youth in care disaggregated by age from 0 to 21 and over 21, and the number and percentage of youth who have a permanency planning goal of APPLA, including those who have concurrent plans, disaggregated by age as follows: 14-15; 16-17; 18-19; 20-21; over 21; ii. number and percentage of youth for whom ACS paid an independent living stipend; iii. number and percentage of youth who receive vocational training, disaggregated by age as follows: 14-15; 16-17; 18-19; 20-21; over 21; iv. number and percentage of youth who may be eligible to petition for SIJS or other immigration relief, disaggregated by age as follows: 14-15; 16-17; 18-19; 20-21; over 21; v. number and percentage of youth who have SIJS applications or other immigration applications pending, disaggregated by age as follows: 0-3; 4-6; 7-9; 10-12; 13-15; 16-18; 19-21; vi. number and percentage of youth who have a permanent connection to a caring adult; vii. number and percentage of youth who applied for housing assistance, disaggregated by the type of assistance as follows: (a) NYCHA public housing; (b) section 8 voucher; (c) supportive housing; (d) adult residential care; (e) ACS housing subsidy; (f) any other type of housing assistance, whether private, federal, state or city-subsidized or operated, including information specifying the specific subsidies or resources utilized; viii. number and percentage of youth who have been found eligible for housing assistance, disaggregated by the type of assistance as follows: (a) NYCHA public housing; (b) section 8 voucher; (c) supportive housing; (d) adult residential care; (e) ACS housing subsidy; (f) any other type of housing assistance, whether private, federal, state or city-subsidized or operated, including information specifying the specific subsidies or resources utilized; ix. number and percentage of youth who have been found ineligible for housing assistance, disaggregated by the type of assistances as follows: (a) NYCHA public housing; (b) section 8 voucher; (c) supportive housing; (d) adult residential care; (e) ACS housing subsidy; (f) any other type of housing assistance, whether private, federal, state or city-subsidized or operated, including information specifying the specific subsidies or resources utilized; x. number and percentage of youth who are currently enrolled in high school, disaggregated by social education status and by age as follows: 14-15; 16-17; 18-19; 20-21; over 21; xi. number and percentage of youth who are currently enrolled in a New York city department of education approved high school equivalency program, disaggregated by age as follows: 14-15; 16-17; 18-19; 20-21; over 21; xii. number and percentage of youth who are currently enrolled in colleges, disaggregated by age as follows: under 18; 18-19; 20-21; over 21; xiii. number and percentage of youth who are not enrolled in high school, a New York city department of education approved high school equivalency program, college or a vocational training program, disaggregated by age as follows: 14-15; 16-17; 18-19; 20-21; over 21; xiv. number and percentage of youth who were absent without leave from foster care, disaggregated by age from 0 to 21, and over 21. 3. Youth who left foster care who were discharged to APPLA. The following information regarding youth who aged out of foster care shall be included in the annual report: i. number and percentage of youth who were on trial discharge status; ii. number and percentage of youth who received housing assistance, broken down by the type of assistance as follows: (a) NYCHA public housing; (b) section 8 voucher; (c) supportive housing, disaggregated by council district; (d) adult residential care; (e) ACS housing subsidy; (f) any other type of housing assistance, whether private, federal, state or city-subsidized or operated, including information specifying the specific subsidies or resources utilized; provided, however, that the information required by this subparagraph shall be included in such report only upon required New York state approval of the necessary changes to the discharge checklist, beginning with the report for the second calendar year following such approval; iii. number and percentage of young people who left foster care to alternative safe and stable housing, including but not limited to an apartment or other place of residence shared with friends or family members, or remained in the home of their foster families; provided, however, that this information shall be included in such report only upon required New York state approval of the necessary changes to the discharge checklist, beginning with the report for the second calendar year following such approval; iv. number and percentage of youth who completed high school, disaggregated by the type of diploma or credential certification received; v. number and percentage of youth who passed the TASC high school equivalency test; vi. number and percentage of youth who obtained an education and training voucher; vii. number and percentage of youth who are enrolled in college; viii. number and percentage of youth who were enrolled in a vocational/trade program at the time of discharge; ix. number and percentage of youth who obtained a college diploma, disaggregated by the type of diploma received; provided, however, that this information shall be included in such report only upon required New York state approval of the necessary changes to the discharge checklist, beginning with the report for the second calendar year following such approval; x. number and percentage of youth who have a verifiable source of income; xi. number and percentage of youth who obtained SIJS; xii. number and percentage of youth who obtained lawful permanent resident status; xiii. number and percentage of young people who were parents at the time of their discharge from foster care; xiv. number and percentage of youth who had a permanent connection to a caring adult at the time of their discharge from foster care; and xv. number and percentage of youth who were discharged as absent without leave at the time of their discharge from foster care. c. No information that is otherwise required to be reported pursuant to this section shall be reported in a manner that would violate any applicable provision of federal, state or local law relating to the privacy of information respecting youth in foster care or that would interfere with law enforcement investigations or otherwise conflict with the interests of law enforcement. If any category requested contains between 1 and 5 youth in foster care, or allows another category to be narrowed to between 1 and 5 youth in foster care, the number shall be replaced with a symbol. The reports required pursuant to this section shall remain permanently accessible on ACS' website. d. The commissioner, in consultation with the commissioner of social services and the commissioner of homeless services, shall establish a procedure to determine how many youth who were discharged from foster care entered a shelter operated by or under contract or similar agreement with the department of homeless services or the department of social services. The following information regarding youth who were discharged from foster care during the calendar year prior to the year covered by the report required pursuant to this section who entered such shelters shall be included such report, disaggregated as follows: number and percentage who entered within 30 days of their discharge from foster care; number and percentage who entered within 90 days of their discharge from foster care; number and percentage who entered within 180 days of their discharge from foster care; number and percentage who entered within 1 year of their discharge from foster care. Such data shall be disaggregated by youth who entered shelters for single adults and shelters for families with children. For the purposes of this subdivision, "entering the homeless shelter system" shall include seeking and being found eligible for shelter at any intake facility operated by or under contract or similar agreement with the department of homeless services or the department of social services. e. The commissioner, in consultation with the commissioner of social services, shall establish a procedure to determine how many youth who were discharged from foster care received cash assistance, supplemental nutrition assistance benefits, and/or medicaid. The following information regarding youth who were discharged from foster care during the calendar year prior to the year covered by the report required pursuant to this section who received such benefits shall be included in such report, disaggregated as follows: number and percentage who received cash assistance within 30 days of their discharge from foster care; number and percentage who received supplemental nutrition assistance benefits within 30 days of their discharge from foster care; number and percentage who received cash assistance within 60 days of their discharge from foster care; number and percentage who received supplemental nutrition assistance benefits within 60 days of their discharge from foster care; number and percentage who received cash assistance within 180 days of their discharge from foster care; number and percentage who received supplemental nutrition assistance benefits within 180 days of their discharge from foster care; and the number and percentage of youth who were discharged from foster care with a goal of APPLA were successfully transitioned to medicaid without any gap in coverage. (Am. L.L. 2016/145, 11/16/2016, eff. 11/16/2016; Am. L.L. 2025/116, 8/13/2025, eff. 8/13/2025) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2014/046.

NYC Admin. Code § 21-902.2 Child protective caseload and workload study.

§ 21-902.2 Child protective caseload and workload study. a. By March 31, 2019, ACS shall complete a study regarding child protective caseloads and workloads. Such study shall include, but need not be limited to: 1. Examination of the key milestones and tasks required in a child protective investigation and time spent on each milestone or task; 2. Analysis of how case factors impact case complexity, including but not limited to type of allegation, number of children, and prior ACS involvement; 3. Examination of the relationship between the data described in paragraphs 1 and 2 of subdivision a of this section and child safety outcomes; 4. Assessment of best practices in caseload and workload standards that improve child safety and wellbeing outcomes; and 5. Recommendations for how ACS will implement best practices to structure business processes to assign and balance caseloads and workloads. b. By September 30, 2019, ACS shall report its findings and recommendations to the speaker of the council. (L.L. 2018/018, 12/31/2017, eff. 12/31/2017) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2018/018.

NYC Admin. Code § 21-903 Annual reports.

§ 21-903 Annual reports. Within 45 days after the end of each calendar year, ACS will publish and make available on its website an annual report compiling information provided in all quarterly reports required by this chapter for the prior calendar year.

NYC Admin. Code § 21-904 Special immigrant juvenile status plan within the administration for children's services. [Repealed] Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2010/006.

NYC Admin. Code § 21-905 Demographic data of the juvenile justice system.

§ 21-905 Demographic data of the juvenile justice system. By January 15, 2025, and no later than 90 days after the end of each quarter thereafter, ACS shall submit a report about the demographics of juveniles in the juvenile justice system to the speaker of the council and post such report on ACS’s website. All data contained in such report must be in a machine-readable format and include a comparison of the data in the current reporting period to the data in the 4 preceding reporting periods, to the extent such information is available. The report required by this section must be accessible through the city’s open data web portal. Such report must include the following information: a. Admissions to detention facilities. 1. The number of admissions during the previous quarter to the following facilities: (a) secure and specialized secure detention facilities, disaggregated by facility; and (b) non-secure detention facilities. 2. The data provided pursuant to paragraph 1 of this subdivision shall be disaggregated by the following factors: (a) age; (b) gender; (c) race; (d) zip code of residence; (e) for youth remanded to a detention facility by a court, the most serious charged offense on the court petition, complaint, or indictment at the time ACS assumed custody, further disaggregated by the youth’s age, gender, and race; (f) for youth brought to detention by police, the top arrest charge at the time ACS assumed custody, further disaggregated by the youth’s age, gender, and race; and (g) whether such youth is in foster care. b. Demographic data for detention facilities. 1. The average daily population during the previous quarter in the following facilities: (a) secure and specialized secure detention facilities, in total and disaggregated by facility; and (b) non-secure detention facilities in total. 2. The number of youth admitted to a detention facility during the previous quarter who spent time either in non-secure detention only, secure and specialized secure detention only, or both non-secure and secure detention, and disaggregated by the following factors: (a) age; (b) gender; (c) race; (d) zip code of residence; (e) for youth remanded to a detention facility by a court, the most serious charged offense on the court petition, complaint, or indictment at the time ACS assumed custody; (f) for youth brought to detention by police, the top arrest charge at the time ACS assumed custody; and (g) whether such youth is in foster care. 3. During the prior quarter, the average and median bail amounts imposed by the criminal court on youth in ACS custody and the percentage of youth in ACS custody who were remanded by the criminal court to detention without the imposition of bail, disaggregated by juvenile and adolescent offenders; and 4. The number of adolescent offenders in the facility on the last day of the reporting period who are serving a sentence in specialized secure detention, further disaggregated by top charge at sentencing, age, gender, and race. c. Admissions to placement facilities. 1. The number of placement admissions during the previous quarter in the following facilities: (a) non-secure placement facilities, in total; and (b) limited-secure placement facilities, in total. 2. The data provided pursuant to paragraph 1 of this subdivision shall be disaggregated by the following factors: (a) age; (b) gender; (c) race; (d) zip code of residence; (e) youth who were detained at a detention facility immediately prior to being ordered to a placement facility by a court pursuant to the family court act; (f) youth who were not detained at a detention facility immediately prior to being ordered to a placement facility by a court pursuant to the family court act; (g) youth who were transferred to an ACS placement facility from the custody of the New York state office of children and family services in accordance with subdivision 6 of section 404 of the social services law; (h) for youth ordered to a placement facility by a court, the most serious offense adjudicated against such youth by the court; and (i) whether such youth is in foster care. d. Demographic data for placement facilities. 1. The average daily population during the previous quarter in the following facilities: (a) non-secure placement facilities, in total; and (b) limited-secure placement facilities, in total. 2. The number of youth admitted to a placement facility during the previous quarter who spent time either in non-secure placement only, limited secure placement only, or both non-secure and limited secure placement, disaggregated by the following factors: (a) age; (b) gender; (c) race; (d) zip code of residence; (e) for youth remanded to a detention facility by a court, the most serious offense adjudicated against such youth by the court; and (f) whether such youth is in foster care. e. Data on transfers. 1. The number of youth who have been transferred during the previous quarter from: (a) a non-secure detention facility to a secure detention facility; (b) a secure and specialized secure detention facility to a non-secure detention facility; (c) a non-secure placement facility to a limited secure placement facility; (d) a non-secure placement facility to a secure placement facility; (e) a limited secure placement facility to a non-secure placement facility; (f) a limited secure placement facility to a secure placement facility; (g) a secure placement facility to a limited secure placement facility; and (h) a secure placement facility to a non-secure placement facility. 2. The data provided pursuant to paragraph 1 of this subdivision shall be disaggregated by the following factors: (a) age; (b) gender; and (c) race. f. Pre-sentence data. 1. The number of youth housed in non-secure, secure, and specialized secure juvenile detention facilities pre-sentencing, in total and disaggregated by the following factors, as defined in the New York state family court act and criminal procedure law: (a) juvenile delinquents, in total and disaggregated by secure detention facility or non-secure facility; (b) juvenile offenders, in total and disaggregated by facility; and (c) adolescent offenders, in total and disaggregated by facility. 2. The data provided pursuant to paragraph 1 of this subdivision shall be disaggregated by the following factors: (a) age; (b) gender; (c) race; (d) zip code of residence; (e) the most serious charged offense on the court petition, complaint, or indictment, or top arrest charge at the time ACS assumed custody; and (f) the average, median, minimum, and maximum length of detention, as well as the standard deviation for pre-sentencing or pre-disposition youth. g. No information that is otherwise required to be reported pursuant to this section shall be reported in a manner that would violate any applicable provision of federal, state or local law related to the privacy of information. If any category requested contains between 1 and 5 youth, the number shall be replaced with a symbol. (Am. L.L. 2024/112, 11/22/2024, eff. 1/1/2025) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2013/044.

NYC Admin. Code § 21-906 Incident reports in juvenile justice facilities.

§ 21-906 Incident reports in juvenile justice facilities. a. Quarterly incident reports. 1. By January 15, 2025, and no later than 60 days after the end of each quarter thereafter, ACS shall submit a report related to incidents occurring in juvenile justice facilities to the speaker of the council and make such report available on ACS’s website. All data contained in such report must be in a machine-readable format and include a comparison of the data in the current reporting period to the data in the 4 preceding reporting periods, to the extent such information is available. The information required pursuant to this section for each reporting period must be accessible through the city’s open data web portal. Such report must include the number of the following incidents: (a) use of physical restraint by staff on children; (b) physical injuries or impairment to children as a result of the use of physical restraint; (c) use of mechanical restraint by staff on children; (d) physical injuries or impairment to children as a result of the use of mechanical restraint; (e) fights and altercations between children; (f) physical injuries or impairment to children as a result of fights with other children; (g) physical injuries or impairment to children resulting from any other means not previously mentioned, disaggregated by cause; (h) physical injury to staff, to the extent known; (i) biased-based incidents as reported by a child; and (j) the number of room confinements and the average length of stay for such confinements in secure and specialized secure detention facilities. 2. The data provided pursuant to paragraph 1 of this subdivision shall be disaggregated by the following factors: (a) secure and specialized secure detention facilities, in total and disaggregated by facility; (b) non-secure detention facilities, in total; (c) non-secure placement facilities, in total; and (d) limited secure placement facilities, in total. 3. For each room confinement in a secure or specialized secure facility reported pursuant to subparagraph (j) of paragraph 1 of this subdivision, such report must include the facility, duration, and reason for each such room confinement. b. Annual incident reports. 1. Within 60 days after the end of each fiscal year, ACS shall post a report on its website containing the following data: (a) the number of allegations made during the fiscal year that a child in a detention or placement facility was a neglected or abused child; and (b) the number of findings made during the fiscal year by the New York state office of children and family services substantiating allegations that a child in a detention or placement facility was a neglected or abused child, including findings that substantiated allegations made prior to the fiscal year. 2. The data provided pursuant to paragraph 1 of this subdivision shall be disaggregated by the following factors: (a) secure and specialized secure detention facilities, in total and further disaggregated by facility; (b) non-secure detention facilities, in total; (c) non-secure placement facilities, in total; and (d) limited secure placement facilities, in total. c. Oleoresin capsicum spray. If, at any time, the city obtains a waiver pursuant to section 180-3.19 of title 9 of the New York codes, rules and regulations, or a successor regulation, permitting ACS or the department of correction to use oleoresin capsicum spray in a specialized secure detention facility, ACS shall post notice of such waiver on their website no later than 5 days following the receipt of such waiver. Beginning January 15, 2025, and 15 days after the end of each month ACS shall report on all incidents in which oleoresin capsicum spray was used in a juvenile facility, including the following information: 1. the date and time of such use; 2. the number of youths exposed to oleoresin capsicum spray; 3. the ages of all such youths who were exposed; 4. the number of each ACS or department of correction personnel involved in the incident; 5. the number of youth requiring medical attention after such incident; and 6. the facility where such incident occurred. d. No information that is otherwise required to be reported pursuant to this section shall be reported in a manner that would violate any applicable provision of federal, state or local law related to the privacy of information. If any category requested contains between 1 and 5 youth, the number shall be replaced with a symbol. (Am. L.L. 2024/112, 11/22/2024, eff. 1/1/2025) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2013/044.

NYC Admin. Code § 21-907 Graduation rates of foster care youth.

§ 21-907 Graduation rates of foster care youth. a. Beginning no later than January 31, 2015, and no later than every January 31 thereafter, the commissioner shall submit to the speaker of the council and post on ACS' website an annual report regarding the number of youth in foster care who were enrolled in and/or graduated from high school in the previous academic year as described by the department of education. Each such report shall disaggregate the data by gender and ethnicity, and include but not be limited to: (i) the total number of youth in foster care disaggregated by age, utilizing the following ranges: 13-15 years old; 16-18 years old; and 19-21 years old; (ii) the number of youth in foster care enrolled in high school disaggregated by age, utilizing the following ranges: 13-15 years old; 16-18 years old; and 19-21 years old; (iii) the number of youth in foster care who, based on cohort and the number of high school credits they have obtained by August 31 of the year of such report, are on pace to graduate high school and the number of such youth that are on pace to graduate high school in five years, utilizing the following age ranges: 14-15 years old; 16-18 years old; and 19-21 years old; and (iv) the number of youth in foster care who graduated from high school disaggregated by: (1) the age at which such students graduated; (2) the type of diploma or certification received; and (3) based on cohort, the number of years it took to complete high school. The reports required pursuant to this section shall remain permanently accessible on ACS' website. b. No information that is otherwise required to be reported pursuant to this section shall be reported in a manner that would violate any applicable provision of federal, state or local law relating to the privacy of information respecting youth in foster care or that would interfere with law enforcement investigations or otherwise conflict with the interests of law enforcement. If any category requested contains between 1 and 5 youth in foster care, or allows another category to be narrowed to between 1 and 5 youth in foster care, the number shall be replaced with a symbol. (Am. L.L. 2016/147, 11/16/2016, eff. 11/16/2016)

NYC Admin. Code § 21-907.1 Educational continuity of children in foster care.

§ 21-907.1 Educational continuity of children in foster care. a. For the purposes of this section, the term "school of origin" means the school that a child or youth attended at the time of their entry into foster care or prior to transferring foster care placements. b. Not later than February 1, 2017, and on or before December 1 annually thereafter, ACS shall submit to the speaker of the council and post on its website annual reports regarding the educational continuity of children in foster care. Such reports shall include the following information: 1. Of the children who entered foster care during the school year, the number and percentage who remained in their school of origin 90 days after the child's initial entry into foster care; 2. Of the children who entered foster care during the school year, the number and percentage who remained in their school of origin 90 days after transferring to a new foster care placement; 3. Of the children who entered foster care during the school year, the number and percentage who did not return to their school of origin upon initial entry into foster care; 4. Of the children who transferred foster care placements during the school year, the number and percentage who did not return to their school of origin after transferring to a new foster care placement; and 5. The average school attendance rates of children in foster care disaggregated by the following percentages: less than 50 percent, 50-59 percent, 60-69 percent, 70-79 percent, 80-89 percent and 90 percent or more, disaggregated by age as follows: 5-10; 11-15; 16-21. c. No information that is otherwise required to be reported pursuant to this section shall be reported in a manner that would violate any applicable provision of federal, state or local law relating to the privacy of information respecting youth in foster care or that would interfere with law enforcement investigations or otherwise conflict with the interests of law enforcement. If any category requested contains between 1 and 5 youth in foster care, or allows another category to be narrowed to between 1 and 5 youth in foster care, the number shall be replaced with a symbol. The reports required pursuant to this section shall remain permanently accessible on ACS' website. (L.L. 2016/142, 11/16/2016, eff. 11/16/2016)

NYC Admin. Code § 21-908 Government-issued personal identification.

§ 21-908 Government-issued personal identification. a. For the purposes of this section the following terms shall have the following meanings: 1. "Another Planned Permanent Living Arrangement (APPLA)" means a permanency planning goal for young people in foster care who are over the age of fourteen that seeks to assist foster care youth in their transition to self-sufficiency by connecting the youth to an adult permanency resource, equipping the youth with life skills and, upon discharge, connecting the youth with any needed community and/or specialized services. 2. "Discharge Checklist" is a form completed by the ACS contracted foster care agency in consultation with a young person leaving foster care that is intended to guide discussions about the youth's plans after leaving care. The document is intended to develop and document a discharge plan that is youth-driven, is as detailed as the youth elects and enables the young person to address any outstanding topics prior to discharge. 3. "Government-issued personal identification" shall mean a birth certificate, social security card, state-issued driver's license or non-driver identification card, United States permanent resident card, individual taxpayer identification number, municipal identification card, consular identification card, or passport. 4. "Preparing Youth for Adulthood (PYA) Checklist" is a form completed by the ACS contracted foster care agency in consultation with a young person transitioning from foster care that is intended to guide discussions about the youth's plans after leaving care. The document is intended to assess and document a transition plan that is youth-driven and enables the young person to address any outstanding barriers to the successful transition to independence. b. Beginning no later than January 31, 2015, and no later than every January 31 thereafter, the commissioner shall submit to the speaker of the council and post on ACS' website an annual report for the prior calendar year that includes the following information: 1. the number of youth in foster care who are aged seventeen or older; and the total number of youth in foster care who are aged seventeen or older and have a form of government-issued personal identification, disaggregated by birth certificate, social security card, state-issued identification, municipal identification, passport or other form of government-issued personal identification, the number of such youth who only possess one form of government-issued personal identification, disaggregated by the type of identification and the number of youth in foster care who obtained such identification with assistance from ACS; provided, however, that the information relating to municipal identification, passports or other forms of government-issued personal identification required by this paragraph shall be included in such report only upon required New York state approval of changes to the Discharge Checklist and PYA Checklist in a manner that reasonably allows for the collection of such information beginning with the report for the second calendar year following such approval; 2. the number of youth in foster care who were discharged with an APPLA goal; and the total number of youth with an APPLA goal who were in possession of a birth certificate, social security card, state-issued identification, municipal identification or passport at the time of discharge from foster care, disaggregated by the type of identification and the number of such youth who only possess one form of government-issued personal identification at the point of discharge, disaggregated by the type of identification; provided, however, that the information relating to municipal identification and passports required by this paragraph shall be included in such report only upon required New York state approval of changes to the Discharge Checklist and PYA Checklist in a manner that reasonably allows for the collection of such information beginning with the report for the second calendar year following such approval; and 3. a description of the actions ACS has taken in the prior calendar year to assist youth in foster care in obtaining the kinds of government-issued personal identification described in the report required by this subdivision. The reports required pursuant to this section shall remain permanently accessible on ACS' website. (Am. L.L. 2016/141, 11/16/2016, eff. 11/16/2016)

NYC Admin. Code § 21-909 Five-year plan to address barriers to permanency.

§ 21-909 Five-year plan to address barriers to permanency. a. Definitions. For the purposes of this section, the following terms shall have the following meanings: Another planned permanent living arrangement (APPLA). The term "another planned permanent living arrangement (APPLA)" means a permanency planning goal to assist foster care youth in their transition to self-sufficiency by connecting the youth to an adult permanency resource, equipping the youth with life skills and, upon discharge, connecting the youth with any needed community and/or specialized services. Kinship guardianship assistance program (KinGAP). The term "kinship guardianship assistance program (KinGAP)" means the permanency and discharge outcome for children for whom a relative has become the legal guardian via court order and whereby the relative and ACS has entered into a final KinGAP agreement for a subsidy pursuant to the Kingship Guardianship Assistance Program. b. By December 31, 2017, ACS shall submit to the speaker of the council and post on its website a five-year plan to address barriers to permanency for youth in foster care. Such plan shall include, but not be limited to, the following information: 1. A case study of a statistically significant sample of children who have spent at least two years in foster care, but no less than 5% of the total foster care population, including but not limited to the following aggregated information: (a) Age, gender, race/ethnicity, and, if available, sexual orientation; (b) Permanency plan, including reunification, adoption, KinGAP, APPLA, or other; (c) The number of months in care; and (d) Barriers to permanency, including but not limited to parental homelessness, parental relapse, parental childcare needs, education issues, family court delays, lack of permanency resources, juvenile incarceration, college enrollment, and any other barrier as determined by ACS. 2. An analysis of how ACS plans to address the systemic barriers to permanency identified during the case study required pursuant to paragraph 1. c. The five-year plan shall be reviewed and updated by ACS annually and the updated version shall be submitted to the speaker of the council and posted online one year following the submission of the initial five-year report and annually on such date thereafter. d. In the fifth year covered by each such five-year plan, ACS shall submit to the speaker of the council and post on its website a new five-year plan to address barriers to permanency for the next succeeding five-year period not later than six months prior to the last day of such fifth year. The previous five-year report shall remain on ACS' website when the new report is added. e. No information that is otherwise required to be reported pursuant to this section shall be reported in a manner that would violate any applicable provision of federal, state or local law relating to the privacy of information respecting youth in foster care or that would interfere with law enforcement investigations or otherwise conflict with the interests of law enforcement. If any category requested contains between 1 and 5 youth in foster care, or allows another category to be narrowed to between 1 and 5 youth in foster care, the number shall be replaced with a symbol. (L.L. 2016/143, 11/16/2016, eff. 11/16/2016) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2016/143.

NYC Admin. Code § 21-910 Foster care experience surveys.

§ 21-910 Foster care experience surveys. a. Definitions. For purposes of this section, the term “LGBTQIA+” means lesbian, gay, bisexual, transgender, queer/questioning, intersex, asexual, gender non-conforming, or non-binary. b. ACS shall provide to all youth in foster care ages 13 and older an annual survey regarding such youth’s experiences with each foster care placement where the youth resided and with any ACS or foster care agency provider employees the youth came into contact with that year. For youth placed with foster parents, such surveys shall be administered in a location other than the foster parent’s home, or administered online or through a mobile application that enables youth to complete the survey outside of their foster home. ACS shall explain the purpose of such survey to youth and shall not attribute survey responses to youth without their consent. In addition to questions, such survey shall provide space for such youth to provide ACS with any additional information or feedback they wish to share. c. Such survey shall include, but not be limited to, questions addressing the following topic areas: access to food and clothing; religious practices; relationships with foster families, biological families, and friends; personal allowances; education and extracurricular activities; internet and phone access; experiences related to gender expression, gender identity, sex characteristics, and sexual orientation; identification as a member of the LGBTQIA+ community; racial identity; and placement type, including, but not limited to, kinship, nonkinship, and residential care. d. By August 1, 2026, and biennially thereafter, ACS shall submit to the speaker of the council and post on its website a report of aggregated data from the surveys required pursuant to this section and any steps ACS had taken in response to the information provided in such surveys. Such report shall include, but not be limited to, the following information regarding the youth in foster care who complete the survey: 1. The number of survey respondents, disaggregated by placement type; 2. The number of survey respondents who identify as LGBTQIA+, disaggregated by LGBTQIA+ identity; 3. The racial identity of survey respondents, disaggregated by placement type; 4. Disaggregation of the racial identity and LGBTQIA+ identity of the youth; and 5. Disaggregation of the racial identity, LGBTQIA+ identity, and placement type of the youth. e. No information that is otherwise required to be reported pursuant to this section shall be reported in a manner that would violate any applicable provision of federal, state, or local law relating to the privacy of information respecting youth in foster care or that would interfere with law enforcement investigations or otherwise conflict with the interests of law enforcement. If any category requested contains between 1 and 5 youth in foster care, or allows another category to be narrowed to between 1 and 5 youth in foster care, the number shall be replaced with a symbol. (L.L. 2016/146, 11/16/2016, eff. 11/16/2016; Am. L.L. 2025/037, 4/11/2025, eff. 7/10/2025; Am. L.L. 2025/046, 4/11/2025, eff. 7/10/2025)

NYC Admin. Code § 21-911 Secure detention facility visitors.

§ 21-911 Secure detention facility visitors. ACS shall permit youth in secure detention facilities to receive visitors including, but not limited to, a coach, teacher, clergy person or other appropriate adult, except when the facility director determines that such visits are detrimental to the youth, or that the visitors refused to comply with rules governing visitation, or the visit would not be consistent with public safety. (L.L. 2017/172, 9/8/2017, eff. 12/10/2017)

NYC Admin. Code § 21-912 Video conferencing in secure detention facilities.

§ 21-912 Video conferencing in secure detention facilities. ACS shall establish and operate a program that permits youth in secure detention facilities to communicate through video conference or substantially similar technology with family, as defined by ACS, or legal guardians, except when the facility director determines that such communication is detrimental to the youth or not consistent with public safety. Video conferences shall be held primarily for the purpose of discharge planning, treatment, and rehabilitative conversations. (L.L. 2017/173, 9/8/2017, eff. 3/11/2019)

NYC Admin. Code § 21-913 Electronic health records in juvenile detention facilities.

§ 21-913 Electronic health records in juvenile detention facilities. ACS shall conduct an internal review of the effectiveness of the current system for maintaining health records created for individuals in juvenile detention facilities including whether maintaining such records electronically would improve the current system and submit to the council, by December 31, 2017, a report including recommendations for improvements to the health records maintenance system and a timeframe for implementation of such improvements. (L.L. 2017/169, 9/8/2017, eff. 9/8/2017) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2017/169.

NYC Admin. Code § 21-914 Preventive services surveys.

§ 21-914 Preventive services surveys. a. Definitions. For the purposes of this section, the term "preventive services" means supportive and rehabilitative services provided, in accordance with title four of the social services law, to children and their families for the purposes of: averting an impairment or disruption of a family which will or could result in the placement of a child in foster care; enabling a child who has been placed in foster care to return to his family at an earlier time than would otherwise be possible; or reducing the likelihood that a child who has been discharged from foster care would return to such care. b. Commencing 18 months after the effective date of the local law that added this section, ACS shall provide to all families receiving preventive services an annual survey regarding the family's experiences with each preventive services provider that provided the family services during the preceding calendar year. Such surveys may be administered online or through a mobile application. ACS shall not attribute survey responses to families without their consent. In addition to questions, such surveys shall provide space for such families to provide ACS with any additional information they wish to share. c. Such survey shall include but not be limited to questions regarding the following: interactions with caseworkers, the type and quality of services, and suggestions for how services may be improved. d. No later than six months following the first administration of the survey required pursuant to this section, and annually thereafter, ACS shall submit to the speaker of the council and post on its website aggregated data from such surveys and any steps ACS had taken in response to the information provided in such surveys. e. Not later than six months after the effective date of the local law that added this section, ACS shall submit to the speaker of the council a report on its plan for the implementation of the survey required pursuant to this section. f. No information that is otherwise required to be reported pursuant to this section shall be reported in a manner that would violate any applicable provision of federal, state or local law relating to the privacy of information respecting families or children receiving preventive services or that would interfere with law enforcement investigations or otherwise conflict with the interests of law enforcement. If any category requested contains between 1 and 5 families or children receiving preventive services, or allows another category to be narrowed to between 1 and 5 families or children receiving preventive services, the number shall be replaced with a symbol. (L.L. 2018/017, 12/31/2017, eff. 12/31/2017)

NYC Admin. Code § 21-915 Annual report regarding child fatality review aggregate findings and recommendations.

§ 21-915 Annual report regarding child fatality review aggregate findings and recommendations. No later than June 1, 2018, and no later than 18 months after the end of each calendar year thereafter, ACS shall publish and make available on its website a report on the findings and recommendations of its child fatality reviews during the previous calendar year. Such report shall include, but not be limited to, the following: (i) the number of fatalities of children known to ACS for the previous year; (ii) the cause of death in such fatalities; (iii) the age, gender, race and ethnicity of children with fatalities for the previous year; (iv) any relevant trends identified and systemic recommendations, including opportunities for inter-agency collaboration; and (v) a summary of any case practice findings and agency policy changes made in response to child fatalities in the previous 12 months. (L.L. 2018/019, 12/31/2017, eff. 12/31/2017)

NYC Admin. Code § 21-916 Preventive services training.

§ 21-916 Preventive services training. a. Definitions. For the purposes of this section, the term "preventive services" means supportive and rehabilitative services provided, in accordance with title four of the social services law, to children and their families for the purposes of: averting an impairment or disruption of a family which will or could result in the placement of a child in foster care; enabling a child who has been placed in foster care to return to his family at an earlier time than would otherwise be possible; or reducing the likelihood that a child who has been discharged from foster care would return to such care. b. ACS shall require all individuals providing preventive services to attend trainings, the content of which shall be determined by ACS, on an ongoing basis and no less than once per year. This requirement is in addition to any other training required by law or regulation for individuals providing preventive services. (L.L. 2018/016, 12/31/2017, eff. 3/1/2018)

NYC Admin. Code § 21-917 Preventive services quarterly reports.

§ 21-917 Preventive services quarterly reports. a. Definitions. For the purposes of this section, the term "preventive services" means supportive and rehabilitative services provided, in accordance with title four of the social services law, to children and their families for the purposes of: averting an impairment or disruption of a family which will or could result in the placement of a child in foster care; enabling a child who has been placed in foster care to return to his family at an earlier time than would otherwise be possible; or reducing the likelihood that a child who has been discharged from foster care would return to such care. b. Beginning with the calendar quarter ending March 31, 2018, and for every calendar quarter thereafter, ACS shall furnish to the speaker of the council and post on ACS' website, no later than 30 days after the end of each such calendar quarter, a report regarding preventive services rendered during such calendar quarter that includes, at a minimum, the following information: 1. The number of families and the number of children who received preventive services and the average length of enrollment, disaggregated by each program type, for all program types offered within the ACS continuum of preventive services; 2. The number of open slots available for preventive services, disaggregated by each program type, for all program types offered within the ACS continuum of preventive services; 3. The number of children who entered foster care and had been receiving preventive services at the time of removal, six months prior to removal, and 12 months prior to removal; 4. The number of families and the number of children who received preventive services after a previous final discharge from foster care to reunification; 5. The number of families who received ACS family services unit monitoring and preventive services; and 6. To the extent such data is available to ACS, the number of families who lived in homeless shelters operated by or under contract or similar agreement with the department of homeless services or department of social services/human resources administration while receiving preventive services. c. No information that is otherwise required to be reported pursuant to this section shall be reported in a manner that would violate any applicable provision of federal, state or local law relating to the privacy of information respecting families or children receiving preventive services or that would interfere with law enforcement investigations or otherwise conflict with the interests of law enforcement. If any category requested contains between 1 and 5 families or children receiving preventive services, or allows another category to be narrowed to between 1 and 5 families or children receiving preventive services, the number shall be replaced with a symbol. (L.L. 2018/011, 12/31/2017, eff. 12/31/2017)

NYC Admin. Code § 21-918 Language study.

§ 21-918 Language study. a. For the purposes of this section, the following terms shall have the following meanings: Limited English proficient individual. The term "limited English proficient individual" means an individual who identifies as being, or is evidently, unable to communicate meaningfully in English. Primary language. The term "primary language" means the language in which a limited English proficient individual chooses to communicate with others. b. By January 1, 2019, ACS shall complete a study regarding its ability to provide access to language classes for any child between the ages of 3 years and 12 years who, pursuant to article 10 of the family court act, was removed from the custody of parents or guardians who are limited English proficient individuals and who has been in the custody of ACS for at least 6 months. Such study shall include, but need not be limited to: 1. The number of such children in the foster care system; 2. The languages spoken by such children; 3. The languages spoken by the individuals from whom such children were removed; 4. Strategies to assess the language needs of such children; and 5. Barriers to addressing such language needs. c. The department shall report its findings from its language study to the speaker of the council and post a copy of the report on the ACS website by July 1, 2019. d. As part of the study required pursuant to subdivision c of this section, ACS shall initiate a process to identify and track whether parents or guardians of children removed pursuant to article 10 of the family court act are limited English proficient individuals. If such process is not in place at the time the report required pursuant to subdivision c of this section is complete, such report will include an explanation of the barriers to initiating such process. (L.L. 2018/037, 1/11/2018, eff. 7/10/2018) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2018/037.

NYC Admin. Code § 21-919 Demographic reporting and plan to address disparities.

§ 21-919 Demographic reporting and plan to address disparities. a. Definitions. For purposes of this section, the following terms have the following meanings: Demographic information. The term "demographic information" means race or ethnicity, gender, community district, primary language, and any other category ACS deems relevant. Step in the child welfare system. The term "step in child welfare system" includes, but is not limited to, when a report is accepted by the state central register and triggers an investigation, when an ACS investigation results in a case being determined indicated, when an ACS investigation results in a case being unfounded, when a case is handled by ACS in a non-investigatory manner; when a child is removed from their residence or the custody of their parent or primary caretaker on an emergency basis pursuant to section 1024 of the family court act, when a child is removed from their residence or the custody of their parent or primary caretaker pursuant to section 1027 of the family court act, when ACS files a child protective proceeding in family court pursuant to article 10 of the family court act, when ACS opens a preventive services case, and any other instance that ACS deems relevant. b. Beginning September 1, 2022, and annually on September 1 thereafter, ACS shall submit to the mayor and speaker of the council and post on its website demographic information of parents and children at each step in the child welfare system. Such report shall include, but need not be limited to: 1. The total number of parents at each step in the child welfare system, disaggregated by demographic information; and 2. The total number of children at each step in the child welfare system, disaggregated by demographic information. c. ACS shall address any disparate outcomes identified based on demographic information reported pursuant to subdivision b of this section in equity assessments required pursuant to subchapter 6 of chapter 1 of title 3 of the administrative code of the city of New York. d. No information that is otherwise required to be collected and reported pursuant to this section shall be collected and reported in a manner that would violate any applicable provision of federal, state or local law relating to the privacy of information or that would interfere with law enforcement investigations or otherwise conflict with the interests of law enforcement. (L.L. 2021/132, 11/21/2021, eff. 11/21/2021)

NYC Admin. Code § 21-920 Psychiatric medication for youth in foster care.

§ 21-920 Psychiatric medication for youth in foster care. a. Definitions. For purposes of this section, the following terms have the following meanings: Age group. The term "age group" means the following categories: 0 - 6 years old; 7 - 12 years old; and 13 - 17 years old. If authorized by law and the relevant state agencies to obtain the data in a manner that can be accessed and aggregated, without obtaining appropriate individual consents, the term age group shall additionally include the category of youth age 18 and over. Class of medication. The term "class of medication" includes the following categories of medication: ADHD medication; anti-depressant; anti-psychotic medication; anxiolytic or hypnotic medication; long-acting anti-psychotic medication; medication to treat opioid use disorder; and mood stabilizer. Foster care provider agency. The term "foster care provider agency" means foster care programs and agencies contracted with ACS to provide services to youth and families, including family foster care, treatment family foster care, specialized foster care and residential services. Override of parental consent. The term "override of parental consent" means a request by ACS to administer a psychiatric medication for a youth in foster care when (i) the youth's parent or guardian has either affirmatively objected or refused to provide their informed, written consent; (ii) ACS has conducted a clinical review of the youth's case; and (iii) ACS has determined that the medication is clinically appropriate for treatment of the youth's psychiatric condition. Placement type. The term "placement type" means the setting in which youth in foster care are housed, including but not limited to foster care boarding homes, approved relative foster homes, residential care facilities and pre-placement settings. Prescriber type. The term "prescriber type" means the individual prescribing the psychiatric medication to the youth. This term includes, but is not limited to, the following types of individuals: a psychiatrist, nurse practitioner or pediatrician. Psychiatric medication. The term "psychiatric medication" means medication used to exercise an effect on the central nervous system prescribed for the treatment of symptoms of a mental, emotional or behavioral disorder, including but not limited to, antipsychotics, antidepressants, antianxiety drugs or anxiolytics, stimulants and mood stabilizers. Youth in foster care. The term "youth in foster care" shall mean youth in foster care on the last day of the quarter, for whom ACS has the authority to access and aggregate data from the state PSYCKES Medicaid database. b. Beginning no later than July 31, 2022, and no later than the last day of the month following each calendar quarter thereafter, the commissioner shall submit to the speaker of the council and post to ACS's website a quarterly report regarding youth in foster care prescribed psychiatric medication. Such report shall include the following information disaggregated by gender and age group: 1. Number and percentage of youth currently prescribed a psychiatric medication; 2. Number of unique youth with prescriptions, disaggregated by class of medication; 3. Number and percentage of youth currently prescribed three or more psychiatric medications; 4. Number and percentage of youth currently prescribed more than one psychiatric medication from the same class of medication; 5. Number and percentage of youth for whom an override of parental consent was requested; 6. Number and percentage of youth for whom an override of parental consent was approved; and 7. Number and percentage of youth currently prescribed psychiatric medication. The information required pursuant to paragraph 7 of this subdivision shall be disaggregated by prescriber type, if the relevant state agencies make such information available to ACS in a manner than can be accessed and aggregated. c. Beginning no later than July 31, 2022, and no later than July 31 annually thereafter, the commissioner shall submit to the speaker of the council and post to ACS's website a report regarding youth in foster care prescribed psychiatric medication. The report shall include the number and percentage of youth currently prescribed psychiatric medication, disaggregated by placement type, and further disaggregated by gender and age group. d. ACS shall review the quarterly and annual reports required pursuant to subdivisions b and c of this section. Accompanying the report due on July 31, 2023, and each report due July 31 thereafter, ACS shall further include a description of actions that ACS has taken in the prior fiscal year to promote best practices regarding the use of psychiatric medication for youth in foster care and obtaining informed consents, including but not limited to the following: a description of any training for foster care provider agency staff regarding relevant ACS and state policies and best practice guidance; a description of quality assurance procedures; any trends that ACS has identified as a result of its medical audits or other compliance activities, as related to foster care provider agencies; and a description of any actions taken in response to such trends. e. No information that is otherwise required to be reported pursuant to this section shall be reported in a manner that would violate any applicable provision of federal, state or local law related to the privacy of information. If any category requested contains between one and six youth, the number shall be replaced with a symbol. f. The reports required pursuant to this section shall remain permanently accessible on ACS's website. (L.L. 2022/034, 1/15/2022, eff. 1/15/2022)

NYC Admin. Code § 21-921 Information regarding the right to request a fair hearing.

§ 21-921 Information regarding the right to request a fair hearing. a. Where, following an ACS child protective investigation, a report against a parent or person legally responsible for the child is indicated, ACS shall provide to the parent or person legally responsible for the child written information regarding the process for requesting a fair hearing to challenge such indication, which begins at the state level with an administrative review, pursuant to section 422 of the social services law. b. Such information will be provided in the designated citywide languages, as defined in section 23-1101. (L.L. 2021/135, 11/21/2021, eff. 4/20/2021)

NYC Admin. Code § 21-922 (Juvenile justice advisory board) Juvenile justice advisory board.

§ 21-922 Juvenile justice advisory board.* * Editor's note: there are two sections designated as § 21-922. a. There is hereby established a juvenile justice advisory board to advise and provide recommendations to the mayor, the council, and ACS on issues related to juvenile justice, including, but not limited to: 1. Risk factors associated with criminal behavior among youth and interventions to prevent such behavior; 2. The availability of community-based services directed at youth, including justice-involved youth, and their families that effectively prevent youth involvement in criminal behavior and aid in the re-entry and transition from juvenile detention or another court-ordered placement facility to the community. Such services include educational and mental health services, including services that address trauma, family support, and vocation; 3. The availability and efficacy of academic and vocational programming for youth in detention or another court-ordered placement in connection with a juvenile delinquency proceeding; 4. Challenges faced by youth upon discharge from detention or another court-ordered placement in connection with a juvenile delinquency proceeding; and 5. The particular challenges faced by justice-involved youth in foster care. b. The board shall consist of 20 members, as follows: 1. The speaker of the council or their designee; 2. The commissioner of ACS or their designee; 3. The commissioner of probation or their designee; 4. The commissioner of youth and community development or their designee; 5. The chancellor of the department of education or their designee; 6. The director of the mayor's office of criminal justice or their designee; 7. The commissioner of health and mental hygiene or their designee; and 8. 13 public members, including: (a) The following mayoral appointees: (1) 1 attorney who specializes in defending youth in family court; (2) 1 attorney who specializes in defending youth in New York state supreme court; (3) 1 individual representing an organization that advocates for improvements in education; (4) 1 mental health professional who specializes in the provision of pediatric mental health services; (5) 1 individual who specializes in issues of housing adolescents; and (6) 2 individuals who provide community-based youth development services, 1 of whom focuses on justice-involved youth; and (b) 6 individuals, or family members of individuals, who were incarcerated, detained, or placed in a juvenile justice facility before their nineteenth birthday, 1 of each to be appointed by the borough presidents and the public advocate. c. 1. Board members shall serve without compensation. 2. All appointments required by this section shall be made no later than 120 days after the effective date of the local law that added this section. 3. Board members shall serve terms of 6 years and no such member shall be removed from office except by the appointing officer. 4. Any vacancy on the board shall be filled in the manner of the original appointment. d. The board shall meet at least quarterly and choose a chairperson at its first meeting. The board shall keep a record of its proceedings and determine the rules of its own proceedings, provided that special meetings may be called by the chairperson upon their own initiative or upon receipt of a written request signed by at least 4 board members. Written notice of the time and place of such special meetings shall be given to each member at least 2 weeks before the date fixed by the notice for such special meeting. e. The board shall, at least annually, hold a public meeting to solicit feedback from stakeholders and the public. f. No later than 1 year after all appointments required by this section are made, and annually thereafter, the board shall submit to the mayor and the speaker of the council a report describing the activities of the board over the preceding 12 months, the results of the board's review and recommendations pursuant to this section, and any challenges faced by the board in providing oversight and feedback pursuant to this section. Each such report shall be posted to ACS's website upon submission to the mayor. (L.L. 2023/033, 3/14/2023, eff. 9/10/2023)

NYC Admin. Code § 21-922 (Juvenile justice facility staffing) Juvenile justice facility staffing.

§ 21-922 Juvenile justice facility staffing.* * Editor's note: there are two sections designated as § 21-922. a. Within 15 days of January 1, 2025, and no later than 90 days after the end of each quarter thereafter, ACS shall submit to the speaker of the council and post on ACS’s website a report regarding the average number of staff members during the previous quarter deployed to secure and specialized secure detention facilities, in total and disaggregated by facility. b. The data provided pursuant to subdivision a for specialized juvenile detention shall be further disaggregated by the average number of ACS staff, in total and disaggregated by job title. c. No information that is otherwise required to be reported pursuant to this section shall be reported in a manner that would violate any applicable provision of federal, state or local law related to the privacy of information. If any category requested contains between 1 and 5 youth, the number shall be replaced with a symbol. (L.L. 2024/112, 11/22/2024, eff. 11/22/2024)

NYC Admin. Code § 21-923 Reporting on length of stay of children and youth in ACS facilities.

§ 21-923 Reporting on length of stay of children and youth in ACS facilities. a. Definitions. For purposes of this section, the following terms have the following meanings: Age range. The term "age range" refers to a breakdown by the following categories: 6 years or less; 7 - 12 years; 13 - 17 years; and 18 - 20 years. Children's center. The term "children's center" means the Nicholas Scoppetta children's center or a successor center operated by ACS for the purpose of providing short-term care and maintenance therein for children or youth under ACS's care. Length of stay. The term "length of stay" refers to a breakdown by the following categories: 3 days or less; 4 - 7 days; 8 - 10 days; 11 - 20 days; 21 - 30 days; 31 - 60 days; 61 - 120 days; 121 - 180 days; and 181 or more days. Rapid intervention center. The term "rapid intervention center" means a facility that provides intensive, structured, clinically-focused, therapeutic programming designed to provide stabilization and short-term, intensive treatment interventions to youth in a residential setting so that they may be returned to their parents, foster parents, or least-restrictive level of care as promptly as possible. Temporary placement facility. The term "temporary placement facility" means a facility for children or youth under the care of ACS who await a longer-term placement. Youth reception center. The term "youth reception center" means a short-term, pre-placement facility for children or youth under the care of ACS who await placement with an appropriate foster care provider. b. No later than March 31, 2024, and quarterly thereafter, ACS shall submit to the mayor and the speaker of the council, and shall post conspicuously on the ACS website, a report containing the following information, disaggregated by age range and length of stay, for the children's center, youth reception centers, rapid intervention centers, and any other temporary placement facilities for the immediately preceding quarter: 1. The number of children or youth residing in such facility; and 2. The number of such children or youth who were placed in such facility for the first time. c. The report required pursuant to subdivision b shall be presented as a table where each row represents 1 of the following: (i) the children's center; (ii) youth reception centers; (iii) rapid intervention centers; and (iv) other temporary placement facilities. The columns in such table shall include the number of children or youth residing in the applicable facility, the number of such children or youth in each age range, the number of such children or youth in each category of length of stay, and the number of such children or youth placed in such facility for the first time. d. No report required by this section shall contain personally identifiable information. If a category contains between 1 and 5 children or youth, or contains a number that would allow the identity of a child or youth in another category that contains between 1 and 5 children or youth to be deduced, the number shall be replaced with a symbol. A category that contains zero shall be reported as zero, unless such reporting would violate any applicable provision of federal, state, or local law relating to the privacy of children's information. Reports submitted pursuant to this section shall be made in accordance with all applicable provisions of federal, state, and local laws relating to the privacy of information and confidentiality of records. (L.L. 2023/050, 4/16/2023, eff. 4/16/2023)

NYC Admin. Code § 21-924 Education reports for juvenile delinquents, juvenile offenders, and adolescent offenders.

§ 21-924 Education reports for juvenile delinquents, juvenile offenders, and adolescent offenders. a. Definitions. For the purposes of this section, the following terms have the following meanings: ACS division. The term “ACS division” means the division of youth and family justice of the ACS. Adolescent offender. The term “adolescent offender” means any individual who is charged pursuant to the criminal procedure law as an adolescent offender, as such term is defined in subdivision 44 of section 1.20 of the criminal procedure law, and who is in custody of ACS. Children and youth in ACS division facilities. The term “children and youth in ACS division facilities” shall include all children between the ages of 13 and 20 who are in custody in facilities operated by the ACS division, pursuant to a court order. Commissioner. The term “commissioner” means the commissioner of education of the state of New York. Custody. The term “custody” means the confinement, in secure and non-secure detention, of an individual by the ACS division pursuant to a court order. Department of education site. The term “department of education site” means any site that is (i) operated by the department of education and offers educational programming to individuals who are required to receive a public education pursuant to education law 3205 and chancellor’s regulation A-210 or any successor regulation or provision and who are in custody pursuant to a court order and (ii) located on property that is either under the control of the department of education or ACS or that is contracted by the department of education or ACS for the purpose of providing services for the department of education or for ACS. Department of education staff. The term “department of education staff” means any employee of the department of education assigned to work at a department of education site. Educational programming. The term “educational programming” means educational programming provided by the department of education pursuant to section 112 or part 1 of article 65 of title 4 of the education law, and any regulation promulgated by the commissioner of education thereto. High school equivalency diploma. The term “high school equivalency diploma” means the diploma established pursuant to part 100.7 of the regulations of the commissioner or any successor regulation. High school equivalency diploma test. The term “high school equivalency diploma test” means any test that the New York state education department offers for the purpose of establishing the equivalent of a high school diploma, including, but not limited to, a general education development test or the test assessing secondary completion. Individualized education program. The term “individualized education program” has the same meaning as is set forth in paragraph (1) of subsection (d) of section 1414 of title 20 of the United States code and any regulations promulgated thereto. Juvenile delinquent. The term “juvenile delinquent” means any individual in the custody of the ACS division who is charged pursuant to the family court act as a juvenile delinquent, as such term is defined in subdivision 1 of section 301.2 of the family court act. Juvenile offender. The term “juvenile offender” means any individual in the custody of the ACS division who is charged pursuant to the criminal procedure law as a juvenile offender, as such term is defined in subdivision 42 of section 1.20 of the criminal procedure law. Local or regents diploma. The term “local or regents diploma” means the diploma established pursuant to part 100.5 of the regulations of the commissioner or any successor regulation or provision. School re-entry. The term “school re-entry” means the process by which a student, following release from an ACS division facility, is re-enrolled in the school of the department of education in which such student was enrolled prior to being placed in custody of ACS. Skills and achievement commencement credential. The term “skills and achievement commencement credential” means the credential established pursuant to part 100.6 of the regulations of the commissioner or any successor regulation or provision. Special education plan. The term “special education plan” means the plan created by the department of education to describe the services a student in custody who has an individualized education program will receive in a department of education site. b. The department of education and ACS shall each produce an annual report on educational programming for children and youth in ACS division facilities. On October 1, 2024, and every October 1 thereafter, the department of education and ACS shall post such report on their respective websites and provide a link in each such report to the other report. c. The department of education report shall provide data about children and youth in ACS division facilities and shall include, but need not be limited to, the following information: 1. The number and percentage of children and youth in ACS division facilities enrolled in educational programming at department of education sites, both in total and disaggregated by age. Such number and percentage shall be reported for the school year and for each month. Such percentage shall be calculated on the final day of each month by dividing the number of children and youth in ACS division facilities enrolled in educational programming by the respective number of children and youth in custody on such date. 2. The number of hours of educational programming offered to children and youth in ACS division facilities on each school day and the curriculum subject areas included in educational programming. 3. The number of children and youth in ACS division facilities whose educational programming includes the required courses of study for the first 8 years of full-time public day school, pursuant to section 3204 of the education law, disaggregated by grade level. 4. The number of children and youth in ACS division facilities whose educational programming is designed for the (i) skills and achievement commencement credential, (ii) local or regents diploma, or (iii) high school equivalency diploma test. 5. The number of children and youth in ACS division facilities who, while in custody, completed the required courses of study for the first 8 years of full-time public day school, pursuant to section 3204 of the education law, disaggregated by grade level. 6. The number of children and youth in ACS division facilities who graduated, dropped out, or otherwise exited from high school while in custody, in total and disaggregated by the number of children and youth who completed requirements for a (i) local or regents diploma, or (ii) skills and achievement commencement credential. 7. The number of children and youth in ACS division facilities to whom a high school equivalency diploma test was administered while in custody. 8. The number of children and youth in ACS division facilities who met high school equivalency diploma requirements while in custody. 9. The number of children and youth in ACS division facilities who are enrolled in college level coursework. 10. The average functional level of children and youth in ACS division facilities on tests such as the STAR assessment, the test of basic adult education, or similar testing. 11. The number and percentage of children and youth in ACS division facilities enrolled in educational programming and have an individualized education program as of the date of enrollment in educational programming, disaggregated by disability classification. Such number and percentage shall be reported for the school year as well as for each month. Such percentage shall be calculated by dividing the number of children and youth in ACS division facilities so enrolled on the final day of each month by the respective number of children and youth in ACS division facilities in custody on such date. 12. The number of children and youth in ACS division facilities who, as of the date of enrollment in educational programming, had an individualized education program recommendation of: (a) related services only; (b) special education teacher support services; (c) integrated co-teaching services; (d) special class in a school located in districts 1 through 32, including high schools; (e) special class in a school in district 75; or (f) non-public school placement. 13. The number and percentage of children and youth in ACS division facilities for whom the department of education has completed special education plans within 30 school days of enrolling in educational programming. 14. The average and median number of days the department of education requires to complete special education plans, from the date children and youth in ACS division facilities with individualized education programs are enrolled in educational programming. 15. The number and percentage of children and youth in ACS division facilities who have special education plans and are receiving the full range of special education services indicated in their special education plan. This information shall be further disaggregated by whether such children and youth have been detained in secure or non-secure facilities. 16. The number and percentage of children and youth in ACS division facilities who have special education plans and are receiving the related services indicated in their special education plans. This information shall be further disaggregated by each related service, and whether such children and youth have been detained in secure or non-secure facilities. 17. The number and percentage of children and youth in ACS division facilities who have individualized education programs and have received special education evaluations while in custody. This information shall be further disaggregated by (i) the type of evaluation, including initial evaluation, mandated triennial reevaluation, or related service evaluation and (ii) whether such children and youth have been detained in secure or non-secure facilities. 18. The number and percentage of children and youth in ACS division facilities enrolled in educational programming whom the department of education identifies as having an English language learner status. Such number and percentage shall be reported for the school year as well as for each month. Such percentage shall be calculated by dividing the number of children and youth so enrolled on the final day of each month by the total number of children and youth in custody on such date. 19. The number and percentage of children and youth in ACS division facilities enrolled in educational programing who are identified as having an English language learner status who are receiving language instruction, in total and disaggregated by language and the type of instruction, including instruction by a certified English as a new language teacher, bilingual instruction, bilingual special education instruction, or language specific high school equivalency test preparation instruction. 20. The number of full-time equivalent teachers working at department of education sites assigned to teach children and youth in ACS division facilities, in total and disaggregated by (i) general education teachers, (ii) English-as-a-new-language teachers, and (iii) special education teachers. 21. The number of department of education staff other than teachers assigned to work at department of education sites, in total and disaggregated by staff role and by those working with children and youth in ACS division facilities. 22. The average class size for educational programming that the department of education provides to children and youth in ACS division facilities, disaggregated by facility location. 23. The number of children and youth in ACS division facilities participating in department of education career and technical education and the number of children and youth who complete such training. 24. The mean and median number of credits per quarter, semester, or other period of time that children and youth in ACS division facilities who are enrolled in high school educational programming attempted to earn and earn while in custody. This paragraph only applies to those children and youth who are in custody for a sufficient period to permit earning of credits. 25. The number of children and youth in ACS division facilities enrolled in physical education. 26. The mean and median rate of attendance in a department of education school for children and youth in ACS division facilities upon six months after their release from custody and upon one year post-release, disaggregated by age, race, disability classification, and English language learner status. 27. The mean and median number of days between release from ACS division custody and re-enrollment into schools of the department of education for children and youth in ACS division facilities, for students who are not returned to the schools of the department of education that such students attended preceding confinement in ACS division custody through the school re-entry process and the number of students re-enrolled in such schools through the school re-entry process. 28. The plans, if any, of the department of education to ensure the educational progress of children and youth in ACS division facilities, after their release from custody. 29. All high school courses offered to children and youth in ACS division facilities at department of education sites. 30. All socio-emotional, behavioral, and mental health supports and services provided by the department of education to children and youth in ACS division facilities, disaggregated by whether such services were mandated pursuant to the special education plan of such children and youth. 31. The number and percentage of children and youth in ACS division facilities who did not attend educational programming, and if known, disaggregated by the reason such children and youth did not attend educational programming, including, but not limited to, unexplained absence, illness, special needs or circumstances, unavailable mandated transportation, required court appearance, or school closure due to medical or health issue; and the average and median number of days such children and youth missed school, and if known, disaggregated by reason such children and youth did not attend educational programming. Such number shall be reported for each month. d. The ACS report shall provide data about children and youth in custody in ACS division facilities and shall include, but need not be limited to, the following information: 1. The number of incidents of use of physical restraints at a department of education site, in total and disaggregated by (i) whether such physical restraints were used on a juvenile delinquent, juvenile offender, or adolescent offender and (ii) the reason for using such physical restraints. 2. The number of incidents of use of mechanical restraints at a department of education site, in total and disaggregated by (i) whether such mechanical restraints were used on a juvenile delinquent, juvenile offender, or adolescent offender and (ii) the reason for using such mechanical restraints. 3. The number of incidents of restraints resulting in injuries and the type of injuries to children and youth in ACS division facilities when attending educational programming. e. No data required to be reported by subdivisions c and d of this section shall be reported in a manner that would violate any applicable provision of federal, state, or local law relating to the privacy of information respecting children and youth placed in custody in ACS division facilities or that would interfere with law enforcement investigations or otherwise conflict with the interests of law enforcement. If a category contains between 1 and 5 such children and youth, or allows another category to be narrowed to between 1 and 5 such children and youth, the number shall be replaced with a symbol. A category that contains zero shall be reported as zero, unless such reporting would violate any applicable provision of federal, state, or local law relating to the privacy of student information. (L.L. 2024/021, 1/20/2024, eff. 1/20/2024)

NYC Admin. Code § 21-925 (Provision of information about legal services) Provision of information about legal services.

§ 21-925 Provision of information about legal services.* * Editor's note: there are two sections designated as § 21-925. a. Definitions. For purposes of this section, the following terms have the following meanings: Child protective report. The term “child protective report” means a report made to the state central register of child abuse and maltreatment that results in either: an ACS child protective investigation conducted pursuant to section 424 of the social services law, or an ACS child protective response provided pursuant to section 427-a of the social services law, which may include alternative interventions and supportive services in lieu of a formal investigation. Covered individual. The term “covered individual” means a parent or other person legally responsible for the care of a child, other than a foster parent, or employee, volunteer, owner or operator of a day care facility who is the subject of a child protective report. Covered proceeding. The term “covered proceeding” means an ACS child protective investigation conducted pursuant to section 424 of the social services law, or an ACS child protective response provided pursuant to section 427-a of the social services law. Legal services. The term “legal services” means no-cost or low-cost individualized legal assistance provided in a single consultation or provided for a longer period of time by an organization that has the capacity to provide legal services to a covered individual in connection with a covered proceeding. b. When an ACS child protective caseworker initiates direct engagement with a covered individual at the onset of a covered proceeding, such ACS child protective caseworker shall provide information to such covered individual on where they may obtain legal services. (L.L. 2025/029, 3/29/2025, eff. 3/29/2025)

NYC Admin. Code § 21-925 (Foster care placement notices; audit and report) Foster care placement notices; audit and report.

§ 21-925 Foster care placement notices; audit and report.* * Editor's note: there are two sections designated as § 21-925. a. ACS shall conduct an annual random audit of 100 notices of an anticipated change in a foster care placement of a child as required by paragraph (g) of subdivision (3) of section 358-a of the social services law, subdivision (5) of section 1017 of the family court act, subdivision (j) of section 1055 of the family court act and item (H) of paragraph (vii) of subdivision (d) of section 1089 of the family court act. Such audit shall include a review of the following: 1. The number of such notices provided to the court and the attorneys for the parties, including the attorney for the child, as required by law and the number of such notices that were not provided as required by law; 2. The amount of time that elapsed between a change in a foster care placement and the provision of each such notice to the court and to the attorney for the parties, including the attorney for the child; 3. Whether each such notice included the information required by law; and 4. To the extent required information was not included in such notice, a summary of such information. b. No later than June 30, 2026, and annually thereafter, ACS shall submit to the mayor and the speaker of the council, and shall post conspicuously on the ACS website, a report for the immediately preceding year with the results of the audit required by subdivision a. Such report shall be based on the audit findings and include the following: 1. The number of instances in which a placement change notice was required but such notice was not provided; 2. The number of placement change notices provided, disaggregated by the number of days before or after the change in placement; 3. The number of emergency placement changes made, disaggregated by the number of notices conducted within 24 hours of such change and the number of notices provided 24 hours or more after such change; 4. The number of notices provided that included all required information; and 5. The number of notices provided that did not include all required information, disaggregated by the category of information that was missing; such categories shall include, but not be limited to, the information relating to the date of the placement change; the foster care agency; the foster care agency contact information; and the ACS attorney contact information. c. No report required by subdivision a of this section shall contain personally identifiable information. If a category contains between 1 and 5 children, or contains a number that would allow another category that contains between 1 and 5 children to be deduced, the number shall be replaced with a symbol. A category that contains zero shall be reported as zero, unless such reporting would violate any applicable provision of federal, state or local law relating to the privacy of child information. (L.L. 2025/038, 4/11/2025, eff. 4/11/2025)

NYC Admin. Code § 21-926 Fair futures program for youth in foster care and youth who have exited foster care.

§ 21-926 Fair futures program for youth in foster care and youth who have exited foster care. a. Definitions. For purposes of this section, the following terms have the following meanings: Housing assistance. The term "housing assistance" means any form of help designed to assist youth with finding and maintaining a place of residence, including, but not limited to, ACS housing subsidy, rental assistance received from any other city agency, supportive housing, or any other assistance sufficient to obtain adequate housing, including exception to policy. Youth in foster care. The term "youth in foster care" means a person who was placed in an out-of-home placement with ACS after the filing of a petition in family court pursuant to article 3, 7, 10, 10-a, 10-b, or 10-c of the family court act or section 358-a or 384-b of the social services law. b. ACS shall partner with foster care agencies to operate a program to improve outcomes for youth in foster care, including individuals who were formerly in foster care and have exited foster care. Such program shall include, but not be limited to, the following types of services for such individuals: long term coaching, academic support, career development guidance, and referrals to mental health services and housing assistance. Such program shall offer age-dependent services to every such individual beginning at age 11 and extending up to 26, as applicable based on the type of service, provided that an individual may opt out of such program at any time. c. At least quarterly, ACS shall consult with youth in foster care, including individuals who were formerly in foster care and have exited foster care regarding the services offered through the program established pursuant to subdivision b of this section. (L.L. 2025/117, 8/13/2025, eff. 8/13/2025)

NYC Admin. Code § 21-927 Behavioral support training for direct service staff.

§ 21-927 Behavioral support training for direct service staff. a. Definitions. For purposes of this section, the following terms have the following meanings: Behavioral support strategies. The term “behavioral support strategies” means evidence-based methods or techniques aimed at understanding, reinforcing, or redirecting behavior in a positive and non-punitive manner. Direct service staff. The term “direct service staff” means any individual employed at a juvenile justice facility who has regular, direct contact with youth, but who does not hold a professional license or certification in mental health, behavior analysis, medicine, or a similar field. Juvenile justice facility. The term “juvenile justice facility” means a detention facility or placement facility as defined in section 21-901. b. Mandatory training. 1. No later than 1 year after the effective date of the local law that added this section, the commissioner shall require direct service staff to complete a foundational training in behavioral support strategies. Such training shall include, but need not be limited to: (a) Basic principles of behavior and learning; (b) Techniques for encouraging positive behaviors, including the use of positive reinforcement; (c) Methods for de-escalation and crisis prevention that rely on non-punitive approaches; and (d) Guidance on incorporating trauma-informed and culturally competent practices when addressing challenging behaviors. 2. The commissioner shall determine the minimum hours required and the acceptable format of such training, which may include in-person sessions, online modules, or a combination thereof. The commissioner may also require periodic refresher trainings to ensure continued competency. 3. Each direct service staff member employed as of the date on which the commissioner establishes the training required by paragraph 1 of this subdivision shall complete such training within 1 year of the establishment of such training. Any individual who is hired as direct service staff after the date on which the commissioner establishes such training shall complete such training no later than 1 year after the individual’s date of employment as direct service staff. c. Nothing in this section shall be construed to authorize direct service staff to engage in any activities that require a license or certification under title VIII of the education law. Such staff shall be limited to performing only those behavioral support functions permissible for non-licensed persons pursuant to section 8807 of the education law and any other applicable provisions of law. d. The commissioner shall ensure that training and informational materials and guidance regarding behavioral support strategies are available electronically to providers working with youth involved in a juvenile justice facility upon request. (L.L. 2025/119, 8/13/2025, eff. 8/13/2025)

NYC Admin. Code § 21-928 Luggage for youth in foster care.

§ 21-928 Luggage for youth in foster care. a. Definitions. For purposes of this section, the following terms have the following meanings: Luggage. The term “luggage” means a suitcase, duffel bag, backpack, or similar reusable container that is designed to hold an individual’s personal belongings and is not a disposable bag or trash bag. Youth in foster care. The term “youth in foster care” means a person who was placed in an out-of-home placement with ACS after the filing of a petition in family court pursuant to article 3, 7, 10, 10-a, 10-b, or 10-c of the family court act or section 358-a or 384-b of the social services law. b. ACS shall provide luggage to youth in foster care who are: (1) entering foster care; (2) moving from one foster care placement to another; or (3) exiting foster care, provided that such youth may decline to accept such luggage. Provision of disposable containers, while permissible if requested, does not constitute the provision of luggage. c. No later than January 31 of each year, ACS shall submit a report to the mayor and the speaker of the council regarding its provision of luggage to youth in foster care during the preceding calendar year. Such report shall include, but need not be limited to, the following information: ACS’s efforts to provide luggage to youth in foster care; any barriers encountered in providing luggage to such youth; and any additional efforts to be taken in the upcoming year to overcome such barriers. (L.L. 2025/115, 8/13/2025, eff. 12/11/2025)

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-209312Fetched: 10/24/2026