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Foster Care Legal Issues2020-01-09T14:09:46-05:00

Foster Care Legal Issues

Foster parents who watch over, listen to, and nurture the children in their care have a unique awareness and understanding of the complex issues surrounding decisions about a child’s future.  While the law provides today’s foster parents with opportunities to assume new roles in the permanency planning process, foster parents themselves must accept responsibility for understanding and exercising them.

In this section you will find information on:

  • Federal permanency legislation
  • NYS laws and regulations
  • Foster parent rights
  • Understanding and participating in NYS family court proceedings
  • Resources to assist foster parents to exercise their fair hearing rights
  • Facing challenges associated with allegations of maltreatment.

New York State Law and Regulations

While New York’s foster care policies and standards are governed by the State, foster care and adoption services are administered at the county level, and local practice may widely between New York’s 58 autonomous social services districts.  The five counties of New York City constitute one social service district.  The situation is further complicated as the nature and extent of foster parent rights vary significantly according to the type of family court proceeding, and are codified in numerous separate sections of Social Services Law and the Family Court Act.  The following resources are offered to assist NYS foster parents and professionals in navigating NYS permanency planning laws and regulations.

Can A Youth in Foster Care Voluntarily Return to Care?

New York state law permits former foster youth between the ages of 18 and 21 to re-enter foster care under certain circumstances, and requires LDSS to provide notice to a youth transitioning out of care of his or her right to re-enter care.

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