§ 409-e. Family service plan. 1. With respect to each child who is
identified by a local social services district as being considered for
placement in foster care as defined in section one thousand eighty-seven
of the family court act by a social services district, such district,
within thirty days from the date of such identification, shall perform
an assessment of the child and his or her family circumstances. Where a
child has been removed from his or her home, within thirty days of such
removal the local social services district shall perform an assessment
of the child and his or her family circumstances, or update any
assessment performed when the child was considered for placement. Any
assessment shall be in accordance with such uniform procedures and
criteria as the office of children and family services shall by
regulation prescribe. Such assessment shall include the following:

(a) a statement of the specific immediate problems which appear to
require some intervention by the social services officials;

(b) a description of the long term family relationships, an assessment
of trends in the stability of the family unit, and of the likelihood
that specific preventive services will increase family stabilization
sufficiently to prevent placement or to reduce the duration of a
necessary placement;

(c) an estimate of the time period necessary to ameliorate the
conditions leading to a need for placement, and a description of any
immediate actions that have been taken or must be taken during or
immediately after the conclusion of the assessment; and

(d) where placement in foster care is determined necessary, the
reasonable efforts made to prevent or eliminate the need for placement
or the reason such efforts were not made, the kind and level of
placement and the reasons therefor, whether the child will be placed
with the child's siblings and half-siblings and, if not, the reasons
therefor and the arrangements made for contact between the siblings and
half-siblings, identification of all available placement alternatives
and the specific reasons why they were rejected, an estimate of the
anticipated duration of placement, and plan for termination of services
under appropriate circumstances, with specific explanation of the
reasons for such termination plan.

2. Upon completion of any assessment provided for in subdivision one
of this section, and not later than thirty days after placement of a
child in foster care pursuant to article three or seven of the family
court act or not later than thirty days after a child is removed from
his or her home, the local social services district shall establish or
update and maintain a family service plan based on the assessment
required by subdivision one of this section. The plan shall be prepared
in consultation with the child's parent or guardian, unless such person
is unavailable or unwilling to participate, or such participation would
be harmful to the child, and with the child if the child is ten years of
age or older, and, where appropriate, with the child's siblings. Such
consultation shall be done in person, unless such a meeting is
impracticable or would be harmful to the child. If it is impracticable
to hold such consultation in person, such consultation may be done
through the use of technology, including but not limited to,
videoconferencing and teleconference technology. If the parent is
incarcerated or residing in a residential drug treatment facility, the
plan shall reflect the special circumstances and needs of the child and
the family. The plan shall include at least the following:

(a) time frames for periodic reassessment of the care and maintenance
needs of each child and the manner in which such reassessments are to be
accomplished;

(b) short term, intermediate and long range goals for the child and
family and actions planned to meet the need of the child and family and
each goal;

(c) identification of necessary and appropriate services and
assistance to the child and members of the child's family. The services
so identified shall, before being included in the family service plan,
be assessed to determine the projected effectiveness of such plan
including but not limited to the following considerations:

(i) the family's concurrence with the plan;

(ii) the ability and motivation of the family to access services,
including geographic accessibility;

(iii) the relatedness of the services to the family's needs and its
socio-economic and cultural circumstances; and

(iv) other factors which may impact upon the effectiveness of such
plan. The service plan shall also describe the availability of such
services and the manner in which they are to be provided;

(d) any alternative plans for services where specific services are not
available, and any viable options for services considered during the
planning process;

(e) where placement in foster care is determined necessary,
specification of the reasons for such determination, the kind and level
of placement, any available placement alternatives, an estimate of the
anticipated duration of placement, and plan for termination of services
under appropriate circumstances.

3. The plan shall be reviewed and revised, in accordance with the
procedures and standards in subdivision two of this section, at least
within the first ninety days following the date the child was first
considered for placement in foster care, and, if the child has been
placed in foster care pursuant to article three or seven of the family
court act or removed from his or her home, within the first ninety days
following the date of placement or removal. The plan shall be further
reviewed and revised not later than one hundred twenty days from this
initial review and at least every six months thereafter; provided,
however, that if a sibling or half-sibling of the child has previously
been considered for placement or removed from the home, the plan shall
be further reviewed and revised on the schedule established for the
family based on the earliest of those events. Such revisions shall
indicate the types, dates and sources of services that have actually
been provided and an evaluation of the efficacy of such services, and
any necessary or desirable revisions in goals or planned services. The
review and revision of the plan shall be prepared in consultation with
the child's parent or guardian, unless such person is unavailable or
unwilling to participate, or such participation would be harmful to the
child, and with the child if the child is ten years of age or older,
and, where appropriate, with the child's siblings. Such consultation
shall be done in person, unless such a meeting is impracticable or would
be harmful to the child. If it is impracticable to hold such
consultation in person, such consultation may be done through the use of
technology, including but not limited to, videoconferencing and
teleconference technology.

4. In accordance with regulations of the department, relevant portions
of the assessment of the child and family circumstances, including but
not limited to the material described in paragraph (d) of subdivision
one of this section, and a complete copy of the family service plan,
established pursuant to subdivisions one and two, respectively, of this
section shall be given to the child's parent or guardian, counsel for
such parent or guardian, and the child's attorney, if any, within ten
days of preparation of any such plan.

5. The family service plan developed in regard to a child in foster
care pursuant to this section shall include the permanency plan provided
to the court in accordance with the family court act and this chapter.

6. Nothing in this section shall require a social services district to
complete an assessment or service plan for a child who is in the custody
of the office of children and family services, unless the child is also
in the care and custody or custody and guardianship of the commissioner
of the social services district.