1. Notify the foster parents of the proposed removal in writing at least ten days prior to the proposed date. The only exception is a case where the health or safety of the child requires immediate removal from the foster home.

2. Allow the foster parents to request a conference with the agency. At this conference the foster parent will be advised of the reasons for the proposed removal and be given the opportunity to discuss the reasons why the child should not be removed.

3. Hold the conference within ten days of the date the agency receives the request from the foster parents.

4. Send written notice of the conference to the foster parents and the foster parent's legal representative, if there is one, at least five days prior to the conference date

5. Make a decision no later than five days after the conference and send a written notice of the decision to the foster parents and their legal representative. The decision should also advise the foster parents of the right to a fair hearing.

If there is a conference request, the child will not be removed from the foster home until at least three days after the notice of decision is sent, or prior to the proposed date of removal, whichever occurs later. (For example, if the original proposed date of removal was January 10 and the decision was sent January 6, the removal date would remain January 10. However, if the original proposed date is January 10 but the decision is sent on January 11, the removal cannot be effected until January l4.)

Fair Hearings: (Section 400 - Social Services Law). If after the conference, the foster parent is still dissatisfied with the agency decision to remove a child, the law permits the foster parent to request a fair hearing. This is an objective administrative review by a hearing officer assigned by the State Department of Social Services to hear the foster parent and the agency's decision regarding the removal of the child. Plans for a fair hearing are made after the Department's fair hearing section receives a written or telephone request from the foster parent. The foster parent is entitled to have legal representatives at the fair hearings. Foster parents may appeal fair hearing decisions to the State Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules.

Notification of Foster Parents Regarding Adoption Proceedings: (New York State Social Services Regulation 421.19). An agency shall inform the foster parents when a child in their care is free or to be freed for adoption and of the procedure for applying to adopt the child. It must also inform the foster parent of the provisions of the adoption subsidy program. The agency must give the foster parent the opportunity to submit an adoption application if a child who is free or planned to be freed has been in the home for 12 continuous months. Agencies are required to conduct meetings with foster parents to review the differences between foster care and adoption.

Foster Parent Adoption Preference: (Section 383.3 - Social Services Law). Foster parents who have cared for a child for 12 months who becomes free for adoption must have their application to adopt given preference and first consideration over all other applications. Final determinations regarding adoptions are within the sole discretion of the court.

Foster Parents' Rights to Custody Intervention: (Section 383.3 - Social Services Law). "Foster parents having had continuous care of foster children for more than 12 months through an authorized agency, shall be permitted as a matter of right, as an interested party to intervene in any proceedings involving the custody of the child." This means that whenever there is court action that will change the custody of a child, foster parents meeting the 12-month requirement may be parties to the action. In addition, parents or relatives may try to obtain custody of a child through a habeas corpus proceeding. If this occurs and foster parents have cared for the child for the required 12 months, they may join in the action as an interested party.