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