New York regulations
Title 9 Part 8202
Executive Department
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9 NYCRR 8202.1 - Definitions as used in this Part
No later Register activity identified in this check.
Dates and status
- Compiling agency
- Executive Department
- Text status
- Source receipt
- Compiled text through
- May 15, 2022
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
- Activity status
- No later Register activity identified in this check.
- Source snapshot
- Jun 6, 2026
(a)Hard-to-place child shall mean a child, under the age of 21, with one or more physical, mental, emotional or social disabilities, who has not received appropriate residential services after reasonable and diligent efforts have been taken to locate such services.
(b)Hard-to-serve child shall mean a child, under the age of 21, with one or more physical, mental, emotional or social disabilities who is able, with the assistance of services from multiple services providers, to remain in his or her own home, but who has been unable to secure services necessary to prevent or delay the need for a residential placement primarily because responsibility for the provision of or payment for services has not been established as between two or more State agencies and the local services providers or payors subject to their jurisdiction.
(c)Residential services shall mean 24-hour care, in a facility or program away from the child's home, operated, licensed, certified or authorized by a member agency of the council.
(d)Review shall mean a meeting of agencies, departments and persons convened by the executive director to expedite and clarify residential services decisions.
9 NYCRR 8202.2 - Requests for assistance
No later Register activity identified in this check.
Dates and status
- Compiling agency
- Executive Department
- Text status
- Source receipt
- Compiled text through
- May 15, 2022
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
- Activity status
- No later Register activity identified in this check.
- Source snapshot
- Jun 6, 2026
(a)The council shall accept written requests for assistance to locate residential services for a hard-to-place child from any person, agency or department responsible for the care of such child.
(b)A written request for assistance to locate residential services pursuant to this Part shall include the following:
(1)name of the child who is the subject of the request;
(2)date of birth of such child;
(3)residence and current address of such child;
(4)name and residence or address of the parent or guardian of such child;
(5)name and residence or address of the person, agency or department making the request;
(6)description of the child's residential services need or needs;
(7)all available records, reports and evaluations relating to the child's need or needs for residential services, including but not limited to:
(i)placement history;
(ii)educational history;
(iii)medical history;
(iv)social history;
(v)psychological assessment; and
(vi)psychiatric assessment;
(8)documentation of the reasonable and diligent efforts taken prior to the request for assistance to locate residential services for the hard-to-place child. Such documentation shall include the name and address of persons, agencies and departments contacted to locate residential services, and the barriers or reasons for the inability to receive such services; and
(9)written authorization from the child's parent or guardian consenting to the council receiving and releasing certain information for the purpose of locating residential services.
(c)Requests for assistance pursuant to this Part shall be sent to the executive director.
(d)All information received and maintained by the council pursuant to this Part shall be protected in accordance with Federal and State confidentiality laws governing such information.
(e)Upon receipt of a request for assistance, the council shall, within five business days, notify the requester of the receipt of such request. The council shall contact appropriate member agencies to seek their cooperation in planning and providing residential services to the hard-to-place child. The council may institute a review to resolve any jurisdictional questions, determine appropriate agency or department responsibility, and address any other problems relating to residential services for the hard-to-place child.
9 NYCRR 8202.3 - Resolution of disputes
No later Register activity identified in this check.
Dates and status
- Compiling agency
- Executive Department
- Text status
- Source receipt
- Compiled text through
- May 15, 2022
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
- Activity status
- No later Register activity identified in this check.
- Source snapshot
- Jun 6, 2026
(a)When there is a dispute as to the appropriate agency or program in which a hard-to-place child should be placed, or from which a hard-to-place child or hard-to-serve child and his or her family should receive services, the council, by and through direct member agencies to provide evaluation of the child and his or her family, including a diagnostic study, and following such study may take the following action:
(1)order the placement of the child with a member agency empowered by law to care for children;
(2)order the placement of the child with a social services official;
(3)order a member agency to provide services to the child and his or her family; or
(4)direct member agencies to require the provision of services to the child and his or her family through the exercise of their supervisory powers over local officials and agencies as may be necessary to resolve the dispute.
(b)The council may resolve disputes involving a hard-to-place child or a hard-to-serve child on a selective basis within the discretion of the council. Nothing in this Part shall be construed to authorize the council to attempt to resolve complaints by families or family members involving agencies which determine eligibility for or provide services, where there are clearly applicable administrative procedures for applying for and receiving those services, or where there are clearly applicable administrative procedures for resolving issues affecting eligibility or scope of services which are currently pending or which may be invoked by the family or family member. In the event that any applicable State or Federal law gives jurisdiction to another State agency to resolve specific interagency disputes, the council will either defer to that agency or work in cooperation with that agency to resolve disputes brought to its attention.
9 NYCRR 8202.4 - Action by council not a condition precedent to judicial review
No later Register activity identified in this check.
Dates and status
- Compiling agency
- Executive Department
- Text status
- Source receipt
- Compiled text through
- May 15, 2022
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
- Activity status
- No later Register activity identified in this check.
- Source snapshot
- Jun 6, 2026
A request for assistance or the resolution of a dispute pursuant to this Part shall not be required as a condition precedent to the initiation of a proceeding pursuant to article 78 of the Civil Practice Law and Rules.