NYS Fair Hearings
NYS Fair hearings in regard to foster care and adoption issues are administered by two separate state agencies.
(1) The Office of Children and Family Services (OCFS) Bureau of Special Hearings that schedules and administers hearings regarding adoption application and subsidy issues and removal from a foster home and
(2) The Office of Temporary Disability Assistance (OTDA) Office of Administrative Hearings that 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 a Foster Home
- NYS Fair Hearings in Regard to Foster Care Rates and Denial of Services – OTDA on-line request forms
- ACS Independant Review Unit – receives requests from foster parents when a foster care agency or ACS proposes the removal of, or removes a foster child from a foster home.
- NYS OCFS Administrative Directive: Notification to Foster Parent of Foster Care Level of Care and Room and Board Payment
- Bronx Legal Services Resources on Fair Hearings on Removals of Foster Children (To access complete list of resources enter “Fair Hearings” in the search box on the right.)
- How to Appeal a Fair Hearing Decision to the Courts
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