N.Y. Social Services Law 455 – Fair hearings
§ 455. Fair hearings. 1. Any person aggrieved by the decision of a social services official or an official of the office of children and family services not to make a payment or payments pursuant to this title or to make such payment or payments in an inadequate or inappropriate amount or the failure of a social services official or an official of the office of children and family services to determine an application under this title within thirty days after filing, may appeal to the office of children and family services which shall review the case, give such person an opportunity for a fair hearing thereon, and render its decision within thirty days. The office of children and family services may also, on its own motion, review any such decision made by a social services official or any case in which a decision has not been made within the time specified. All decisions of the office of children and family services shall be binding upon the social services district involved and shall be complied with by the social services official thereof.
Terms Used In N.Y. Social Services Law 455
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Child: shall mean a person under the age of twenty-one years whose guardianship and custody have been committed to a social services official or a voluntary authorized agency, or whose guardianship and custody have been committed to a certified or approved foster parent pursuant to a court order prior to such person's eighteenth birthday, except as provided in paragraph (g) of subdivision three of section three hundred eighty-four-b of this article and section six hundred thirty-one of the family court act. See N.Y. Social Services Law 451
- Handicapped child: shall mean a child who possesses a specific physical, mental or emotional condition or disability of such severity or kind which, in accordance with regulations of the department, would constitute a significant obstacle to the child's adoption. See N.Y. Social Services Law 451
- Hard to place child: shall mean a child, other than a handicapped child, (a) who has not been placed for adoption within six months from the date his guardianship and custody were committed to the social services official or a voluntary authorized agency, or (b) who has not been placed for adoption within six months from the date a previous adoption placement terminated and the child was returned to the care of the social services official or a voluntary authorized agency, or (c) who possesses or presents any personal or familial attribute, condition, problem or characteristic which, in accordance with regulations of the department, would be an obstacle to the child's adoption, notwithstanding the child has been in the guardianship and custody of the social services official or a voluntary authorized agency for less than six months. See N.Y. Social Services Law 451
- Home: includes a family boarding home or a family free home. See N.Y. Social Services Law 371
- Social services official: shall mean a county commissioner of social services, a city commissioner of social services, or an Indian tribe with which the department has entered into an agreement to provide adoption services in accordance with subdivision two of section thirty-nine of this chapter. See N.Y. Social Services Law 451
2. The only issues which may be raised in a fair hearing under this section are (a) whether the social services official or an official of the office of children and family services has improperly denied an application for payments under this title, or (b) whether the social services official or an official of the office of children and family services has improperly discontinued payments under this title, or (c) whether the social services official or an official of the office of children and family services has determined the amount of the payments made or to be made in violation of the provisions of this title or the regulations of the office of children and family services promulgated hereunder, or (d) whether the social services official improperly refused to certify the individual preferred by a child for certification as the representative payee or improperly denied a request by a child to revoke the certification of a representative payee pursuant to section four hundred fifty-three of this title.
3. When an issue is raised as to whether a social services official or an official of the department has improperly denied an application for payments under this title, the department shall affirm such denial if: (a) the child is not a hard to place child or a handicapped child or (b) there is another approved adoptive parent or parents who is or are willing to accept the placement of the child in his or their home without payment under this title within sixty days of such denial and placement of the child with such other parent or parents would not be contrary to the best interests of the child.
4. The provisions of subdivisions two and four of section twenty-two of this chapter shall apply to fair hearings held and appeals taken pursuant to this section.