N.Y. Laws » CHAPTER Social Services / ARTICLE Children / TITLE Preventive Services For Children and Their Families
New York Consolidated Laws

N.Y. Social Services Law § 409 (2026)

Preventive services; definition

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 409.  Preventive services; definition.  As used in this title,
"preventive services" shall mean supportive and rehabilitative services
provided, in accordance with the provisions of this title and
regulations of the department, to children and their families for the
purpose 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.
Notes of Decisions
Cited in 15 cases (1 in the last 5 years), 1986–2025 · leading case: Grant v. Cuomo, 130 A.D.2d 154 (N.Y. App. Div. 1st Dep't 1987).
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Grant v. Cuomo, 130 A.D.2d 154 (N.Y. App. Div. 1st Dep't 1987). · cites it 10× “), which regulates the provision of protective services to abused and maltreated children, and the Child Welfare Reform Act of 1979 (Social Services Law § 409 et seq. ), which regulates the provision of preventive services to children.”
Mark G. v. Sabol, 247 A.D.2d 15 (N.Y. App. Div. 1st Dep't 1998). · cites it 11× “In four of these cross appeals, which have been consolidated, plaintiffs appeal the dismissal of virtually all their claims on defendants’ motion for partial summary judgment, while defendants cross-appeal, seeking dismissal of plaintiffs’ remaining claims pursuant to Social…”
Martin A. v. Gross, 153 A.D.2d 812 (N.Y. App. Div. 1st Dep't 1989). · cites it 2× “In these actions, plaintiffs essentially claim that the various governmental defendants failed to establish plans to provide preventive services to families whose children were determined to be at risk of foster care, in violation of the Child Welfare Reform Act of 1979 (Social…”
Martin A. v. Gross, 194 A.D.2d 195 (N.Y. App. Div. 2d Dep't 1993). “On the first appeal in this matter we stated that "plaintiffs essentially claim that the various governmental defendants failed to establish plans to provide preventive services to families whose children were determined to be at risk of foster care, in violation of the Child…”
In re William G., 233 A.D.2d 702 (N.Y. App. Div. 3d Dep't 1996). “After a hearing, Family Court found that the conditions and circumstances giving rise to the order of placement or extension have not changed, that the child service plan prepared in accordance with Social Services Law § 409 does not require review, adjustment or modification,…”
Grant v. Cuomo, 534 N.E.2d 32 (N.Y. 1988). “In this case arising under the Child Welfare Reform Act of 1979 (Social Services Law § 409 et seq.), a regulation of the Department of Social Services — 18 NYCRR 430.”
Martin A. v. Gross, 138 Misc. 2d 212 (N.Y. Sup. Ct. 1987). · cites it 2× “) The preventive services law and regulations (Social Services Law § 409 et seq.; 18 NYCRR part 423 et seq.”
Rivera v. Cnty. of Westchester, 31 Misc. 3d 985 (N.Y. Sup. Ct. 2011). “, plaintiffs’ claims were based upon defendant’s failure to “promulgate a plan mandated by Social Services Law § 409.” Plaintiff argues that this feature distinguishes Mark G.”
Mark G. v. Sabol, 169 Misc. 2d 242 (N.Y. Sup. Ct. 1996). “This is one of six related actions in which the plaintiffs seek to recover damages allegedly caused inter alia by the defendants’ failure to comply with the requirements of Social Services Law § 409 et seq. The estate of Alan G.”
Grant v. Cuomo, 134 Misc. 2d 83 (N.Y. Sup. Ct. 1986). “) "Preventive services”, as defined in Social Services Law § 409, are services designed to avoid foster care placement and enable a child placed in such care to return to his family at an early date.”
Matter of Lawyers for Child. v. New York State Off. of Child. & Fam. Servs., 240 A.D.3d 78 (N.Y. App. Div. 3d Dep't 2025). · cites it 6× “to children and their families for the purpose of: averting an impairment or disruption of a family which will or could result in the placement of a child in foster care" (Social Services Law § 409). Although there are a number of circumstances when such services are…”
Greene Cnty. Dep't of Soc. Servs. v. Ward, 870 N.E.2d 1132 (N.Y. 2007). “and they shall be provided services to maintain and strengthen family life” (see also Social Services Law § 384-b [1] [a] [iii] [legislative finding that the State’s “first obligation is to help the family with services to prevent its break-up” prior to instituting commitment…”
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