N.Y.
Social Services Law Section 458-F
Fair hearings
1.
Any person aggrieved by the decision of a social services official 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 to determine an application under this title within thirty days after filing, or the failure of a social services district to agree to a prospective successor guardian being named in an agreement or to approve a prospective successor guardian pursuant to subparagraph (ii) of paragraph (b) of subdivision five of § 458-B (Kinship guardianship assistance payments)section four hundred fifty-eight-b of this title, or the decision of a social services district to terminate an agreement pursuant to paragraph (h) of subdivision four of § 458-B (Kinship guardianship assistance payments)section four hundred fifty-eight-b of this title, may appeal to the office of children and family services, which shall review the case and give such person an opportunity for a fair hearing thereon and render its decision within thirty days. 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 has improperly denied an application for payments under this title;(b)
whether the social services official has improperly discontinued payments under this title;(c)
whether the social services official 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;(d)
whether the social services official has failed to determine an application under this title within thirty days;(e)
whether the social services official has improperly denied an application to name a prospective successor guardian in the original kinship guardianship assistance agreement for payments pursuant to this title or any amendments thereto;(f)
whether a social services official has inappropriately failed to approve a prospective successor guardian; or(g)
whether a social services official has inappropriately terminated an agreement for payments under this title.3.
The provisions of subdivisions two and four of § 22 (Appeals and fair hearings)section twenty-two of this chapter shall apply to fair hearings held and appeals taken pursuant to this section.
Source:
Section 458-F — Fair hearings, https://www.nysenate.gov/legislation/laws/SOS/458-F (updated Apr. 24, 2015; accessed May 11, 2024).
