NYS's New Permanency Procedures
Presented by Margaret Burt
NYS Citizens' Coalition for Children, Inc.
17th Annual Statewide Adoption Training Conference
Adoption 2006: There's No Place like Home
May 12-13, 2006 • Albany New York
THE RIGHTS OF FOSTER PARENTS IN NEW YORK STATE
By Margaret A. Burt
- Foster parents have a right to a written 10 day notice, an internal formal conference, a fair hearing and ultimately even a court proceeding to contest an agency decision to remove a child from their home regardless of how long the child has been in the home.
- Foster parents have a right to be formally noticed and appear and offer information at all permanency hearing regardless of how long the child has been in the home.
- Foster parents can bring on a TPR matter if the court orders the agency to do so and the agency does not do it within 90 days of being ordered to do so or if the child has been in care 19 months and the agency has not brought a petition.
- Foster parents who have had a child in their home for more than 12 months have a right to notice and to be heard in the dispositional aspects of TPRs, freed child reviews or any hearing that affects custody of the child.
- Foster parents have a preference under law to be considered first as adoptive parents for any child who has been in their care for over 12 months when the child is freed.
- So far the courts have said that foster parents do not have rights to seek visitation or custody orders of former foster children but foster parents have continued to challenge this.
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NYS Citizens' Coalition for Children, Inc.
410 East Upland Road • Ithaca, NY 14850
607-272-0034 • FAX 607-272-0035
office@nysccc.org
06/16/06