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.
- NYS Department of Social Services Code Rules and Regulations – See Title 18, Chapter II, Subchapter C, Article 3, Part 443 and Article II Part 427
- NYS OCFS Policy Directives
- Article 6, Title 1 of NYS Social Services Law
- NYS Guardianship Assistance Act – Effective April 1, 2011
- NYS C.W. Legislation Relevant to Foster and Adoptive Parents: Chapter 437 of the Laws of 2006 (pdf)
- Chapter 57 of the Laws of 2005 – Pins Reform Legislation
- ASFA in New York State
- Integrating New York State Regulations into Child Protective and Permanency Practice (pdf)
- Taking Your Place at the Table: Understanding the Structure and Mechanisms of Foster Care (pdf)
- NYC ACS Guide for Parents with Children in Foster Care (pdf)
- Strengthening Service Plan Reviews: A NYS OFS Practice Paper (pdf)
- Video and Document Training Archives from the NYS Court Improvement Project
- What Caregivers Need to Know about the Preventing Sex Trafficking and Strengthening Families Act
- ABA Child Safety Manual: A Guide for Judges and Attorneys (pdf)
- LawHelp/NY: Helping New Yorkers Solve Legal Problems