NYS Fair Hearing Information

NYS Fair hearings in regard to foster care and adoption issues are administered by two separate state agencies.

• The Office of Children and Family Services (OCFS) Bureau of Special Hearings schedules and administers hearings regarding adoption application/subsidy issues and removal from foster care.
  
• The Office of Temporary Disability Assistance (OTDA) Office of Administrative Hearings schedules and administers hearings in regard to foster care payments and denial of specific services (ie home care services).

Each office has its own procedures for requesting a hearing, OCFS requires a request be made in writing, while OTDA provides on line request forms and a toll free number. See links below for further information.

NYS Fair Hearings in Regard to Adoption Issues and Removal from Foster Care , Summary of NYS OCFS regulations and procedures

NYS Fair Hearings in Regard to Foster Care Rates and Denial of Services, Link to information and request forms on OTDA website

NYS OCFS Administrative Directive: Notification to Foster Parent of Foster Care Level of Care and Room and Board Payment, May, 2008

Enforcement of Fair Hearings Decisions for Foster Care Benefits and Services, U.S. District Court Settlement

Successful Fair Hearings Provide Guidance for Adoptive Parents, NYSCCC Coalition Voice, Summer 2000

Fair Hearings on Removals of Foster Children - Link to LawHelp.com for advice from Bronx Legal Services. Law Help site also contains local district procedures for counties in the Albany and Yonkers OCFS regions and a variety of fair hearing resource and advocacy materials. To access list of resources enter "Fair Hearings" in the search box on the right.

Court Decision: Claudio v. Dowling/Vera v. Dowling (fair hearing on rates when child no longer resides in the home)

 

NYS Citizens' Coalition for Children, Inc.
410 East Upland Road • Ithaca, NY 14850
607-272-0034 • fax 607-272-0035
office@nysccc.org
06/16/2008