N.Y. Comp. Codes R. & Regs. tit. 18 § 443.5

Current through Register Vol. 46, No. 16, April 17, 2024

Section 443.5 - Removal from foster family care

(a) Whenever a social services official or another authorized agency acting on his or her behalf proposes to remove a child in foster family care from the foster family home, he/she or such other authorized agency, as may be appropriate, must notify the foster family parents of the intention to remove such child. This notice must be in writing.

(1) Such notification must be given at least 10 days prior to the proposed effective date of the removal, except where the health or safety of the child requires that the child be removed immediately from the foster family home.

(2) Such notification must further advise the foster family parents that they may request a conference with the social services official or a designated employee of the social services district at which time the foster parents, with or without a representative, may appear to have the proposed action reviewed, be advised of the reasons therefor and be afforded an opportunity to submit reasons why the child should not be removed.

(3) Each social services official must instruct and require any authorized agency acting on the official's behalf to furnish notice in accordance with the provisions of this section.

(4) Foster parents who do not object to the removal of the child from their home may waive in writing their right to the 10-day notice, provided, that such waiver shall not be executed prior to the social services official's or authorized agency's determination to remove the child from the foster home and the receipt by the foster parents of notification of such determination.

(b) Upon the receipt of a request for such conference, the social services official shall set a time and place for such conference to be held within 10 days of receipt of such request and shall send written notice of such conference to the foster family parents and their representative, if any, and to the authorized agency, if any, at least five days prior to the date of such conference.

(c) The social services official shall render and issue his or her decision as expeditiously as possible, but not later than five days after the conference. Written notice of this decision must be sent to the foster family parents and their representative, if any, and to the authorized agency, if any. Such decision shall advise the foster family parents of their right to appeal to the Office of Children and Family Services and request a fair hearing in accordance with section 400 of the Social Services Law.

(d) In the event there is a request for a conference, the child shall not be removed from the foster family home until at least three days after the notice of decision is sent, or prior to the proposed effective date of removal, whichever occurs later.

(e) In any agreement for foster care between a social services official, or another authorized agency acting on his or her behalf, and foster parents, there shall be contained therein a statement of a foster parent's rights provided under this section.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 443.5

Amended New York State Register December 23, 2015/Volume XXXVII, Issue 51, eff. 12/23/2015