NYSCCC Takes Action on NYS Board Rates

For some time, one of the goals of NYSCCC has been to support foster parents in seeking fair reimbursement for the costs of the children in their care.   Such reimbursement is required by federal law.  However, the current monthly stipends (also called foster care boarding rates) do not cover the costs of caring for children in foster care.  This is unfair, and harms children because their basic needs may not be met and it makes it even harder to recruit and retain foster parents to care for them.


On July 29, 2010 NYSCCC  filed a lawsuit with the law firm, Morrison & Foerster seeking to require New York State to set a minimum rate for monthly stipends based on the actual costs of caring for children. Federal law requires reimbursement for the “cost of (and the cost of providing) food, clothing, shelter, daily supervision, school supplies, a child’s personal incidentals, liability insurance with respect to a child, reasonable travel to the child’s home for visitation, and reasonable travel for the child to remain in the school in which the child was enrolled at placement.” 42 U.S.C. 675(4)(A). For more information on the costs of caring for children in foster care, please see the Children’s Rights’ report, Hitting the M.A.R.C.: Establishing Foster Care Minimum Adequate Rates for Children and information about 2009 NYS county specific Foster Care Boarding Home Rates.


Filing a lawsuit is a serious action, and not one that NYSCCC has considered lightly.  We believe, however, that we must do so in order to require NYS to comply with federal law, and give children what they need, deserve and are entitled to and to treat foster parents fairly.  We will keep you apprised of developments on this lawsuit. In the meantime you can help by becoming a member of NYSCCC today.  Every foster parent and advocate who joins strengthens our case!

Last modified: September 2, 2010