Permanency Hearings
For Foster Children
Presented by Margaret Burt
NYS Citizens' Coalition for Children, Inc.
13th Annual Statewide Adoption Training Conference
Adoption 2002: Linking Promises to Possibilities
May 10, 2002 • Albany New York
TIME LINES FOR FOSTER CHILDREN
Please Note: There have been several changes in NYS permanency statutes since 2002.
See LINK Family Legal Framework Resources for a list of articles by Atty. Burt reflecting current law and regulation and
the NYS OCFS website for information on recent permanency legislation.Day child is removed from home and placed in care, including temporary care, including detention care - "placement"
PLUS
60 days or a finding of abuse or neglect whichever is sooner - "day one"
PLUS
1 year - Permanency Hearing must be held BEFORE this date - "the drop dead date" (Minus 60 days from this date the caseworker must have all papers filed by for hearing)
PLUS
end of three months - Termination of Parental Rights must be filed by this date or agency must document that child is placed with a relative or that there is a "compelling reason" to not file the TPR
Example:
- Child placed temporarily in care on 1/1/02
- "Day One" (no abuse or neglect finding yet made) 3/1/02
- Agency must have all papers filed for perm hearing 1/1/03
- Permanency hearing must be completely finished by 3/2/03
- TPR must be filed or exception noted by 6/30/03
5/2302