Section 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. 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.
    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 law guardian,  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.