2012 New York Consolidated Laws
SOS - Social Services
Article 6 - CHILDREN
Title 9 - (450 - 458) SUBSIDIES FOR THE ADOPTION OF CHILDREN
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.
    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.