IMPORTANT NOTICE TO ALL FOSTER PARENTS AND FORMER FOSTER PARENTS
A settlement has been reached in a class action lawsuit concerning the time New York State and New York City have to complete the fair hearing process for foster care benefits and services. The case is Freeman v. Scoppetta, 98 Civ. 5636 (DLC) in the United States District Court for the Southern District of New York. Under the settlement, New York State must hold fair hearings and New York City Administration for Children's Services (ACS) must issue benefits and/or fully comply with fair hearing decisions involving foster care benefits and services within a total of 90 days following the request for the hearing. These time limits also apply to foster care agencies which care for children placed by the ACS.
WHEN YOU SHOULD GET YOUR FAIR HEARING DECISION: If you ask for a fair hearing concerning only foster care benefits and services, the State should hold the hearing and issue a decision within 60 days after you asked for the hearing. If you change the hearing date, then that may add to the time period.
WHEN YOU SHOULD GET YOUR BENEFITS IF YOU WIN THE FAIR HEARING: If you win the fair hearing concerning only foster care benefits or services, the ACS and/or the foster care agency should in most cases do what the decision says no later than 30 days after the date the decision is received by the ACS. If the ACS and/or the foster care agency needs information in order to comply with that decision, the time to comply may be delayed.
IF YOUR FAIR HEARING DECISION IS NOT ACTED UPON TIMELY: If the fair hearing decision says you are entitled to foster care benefits or services or that the ACS and/or the foster care agency should take some other action and it has been over 30 days since you received the decision, you have the right in most cases to get the benefits or services within seven business days after you notify the ACS Compliance Facilitator.
You can notify the ACS Compliance Facilitator that your fair hearing has not been acted upon by writing to this address:
Kyeilla Entzminger, Director and Compliance Facilitator
Fair Hearing Compliance Unit
The City of New York
Administration for Children's Services
220 Church Street, Mezzanine
New York, New York 10013
STATEMENT OF BENEFITS: In many cases, you have a right to get a statement from the ACS or foster care agency telling you what foster care benefits or services you are getting and when you will get them as a result of your fair hearing decision.
You may call the following attorneys, who have represented the plaintiffs in this lawsuit, to ask any questions:
Ian F. Feldman, The Legal Aid Society (718) 991-4758, ext. 248
Joshua E. Goldfein, The Legal Aid Society (212) 577-3292
Rebecca Scharf and Marc Cohan, the Welfare Law Center (212)
633-6967.
NYS Citizens' Coalition for Children, Inc.
410 East Upland Road • Ithaca, NY 14850
607-272-0034 • fax 607-272-0035
office@nysccc.org
Rev. 12/6/99