When a child is removed from a foster home, it’s not just a change of address, it’s a life-altering event that affects the child’s emotional stability, educational progress, and sense of belonging. As a Brooklyn, New York foster care removal attorney, I have seen firsthand how removals can be both legally complex and emotionally devastating. The good news is that New York law gives foster parents important rights — and there are ways to fight back when a removal is unfair or unlawful.
Understanding the Legal Framework
Foster care removals in New York are governed by several key laws and regulations, including:
- New York Social Services Law § 400 – Grants social services officials the authority to remove a child from a foster home but also provides the right to appeal the decision through the Office of Children and Family Services (OCFS).
- 18 NYCRR 443.5(c) – Outlines the notice and hearing rights foster parents have before a child is removed.
- 18 NYCRR 443.7 – Applies to relative foster homes, setting additional requirements for emergency approvals, background checks, and removal procedures.
Your Appeal Rights Under Social Services Law § 400
Specifically, Social Services Law § 400(2) gives individuals aggrieved by the decision of a commissioner of public welfare or city welfare officer to remove a child from a foster home the right to appeal to OCFS. The department must then review the case and offer an opportunity for a fair hearing within 30 days of receiving the appeal.
In New York City, foster parents also have the right to request an Independent Review conference within ten days of the removal determination. If you are not satisfied with the outcome of the conference, you can then request a hearing before the Bureau of Special Hearings under Social Services Law § 400.
Notice Requirements: The 10-Day Rule
Under 18 NYCRR 443.5(c), the agency must provide written notice at least 10 days before a planned removal unless the child’s health or safety requires immediate action. The notice must state:
- The reason for the removal
- The effective date of removal
- Your right to request a conference to challenge the decision
If these procedures are not followed, the removal may be unlawful.
What the Agency Must Do to Remove a Child
In a standard (non-emergency) removal, the agency must give written notice ten or more days prior to the date of removal. In an emergency, the agency may remove the child without prior written notice but must still inform you of your right to appeal.
Your Rights After Removal
You have the right to request a hearing under Social Services Law § 400 before the Bureau of Special Hearings. In NYC, you can first request an Independent Review conference with the agency to discuss the removal.
You may:
- Request a conference first, and if you lose, request a hearing
- Or skip the conference and go directly to a hearing
Deadlines:
- Independent Review Conference (NYC): request within 10 days of the removal determination
- Hearing: request within 60 days of the removal (or 60 days from the conference decision if one is held)
Common Reasons Agencies Give for Removal
Some of the most common reasons a foster child may be removed include:
- Court-ordered return to parents (trial or permanent)
- Sibling reunification
- Placement in kinship care
- Compliance issues (e.g., failure to recertify, failing to report household changes)
- Health and safety concerns, such as inappropriate discipline, unsanitary conditions, or missed medical appointments
- Allegations of abuse or maltreatment requiring investigation
- Placement needs (child requires higher level of care or different permanency plan)
Sometimes, these reasons are unsupported by evidence or based on agency misunderstanding — something we regularly challenge.
Requesting a Hearing
Your hearing request should include:
- The name and date of birth of the foster child(ren)
- The name of the foster care agency or district that removed the children
- The date of removal
- Whether a conference or Independent Review was held and a copy of the decision if available
- Your contact information
In NYC, Independent Reviews may be requested by contacting Kathy Guertin of ACS at (212) 676-9002.
Hearing requests should be sent to:
Office of Children and Family Services
Special Hearings Bureau
52 Washington St.
What the Hearing Decides
The sole legal question is whether the agency’s decision to remove the child was arbitrary and capricious. If the agency can prove it had a rational basis for the removal, it will likely prevail. If not, the decision can be overturned.
If You Win the Hearing
If the hearing is close in time to the removal, the judge may order the child returned to your home. If a significant amount of time has passed, the judge will direct the agency to reassess whether the child can be returned now.
Limits on Challenges
While you can contest a removal, you cannot challenge an agency’s decision to involuntarily close your foster home through a hearing — that decision is within the agency’s discretion, except when reopening is necessary to allow a specific child’s return after a successful hearing.
Why These Protections Matter
The removal of a child from a stable foster home can cause serious trauma, especially if the child has formed deep emotional bonds. These protections are designed to:
- Prevent unnecessary disruption in a child’s life
- Ensure foster parents have due process
- Hold agencies accountable
- Protect the child’s best interests
How The Gilmer Law Firm, PLLC Can Help
As a Brooklyn family law attorney and New York foster care removal attorney, I fight for foster parents’ rights by:
- Reviewing notices for procedural errors
- Demanding conferences and hearings within deadlines
- Presenting evidence of the child’s safety and well-being
- Cross-examining agency witnesses
- Seeking the child’s return when the removal was unjustified
Contact The Gilmer Law Firm, PLLC
We fight for foster parents’ rights and children’s best interests in Brooklyn, Queens, Manhattan, the Bronx, Staten Island, and across New York State.