2. Independent Review
The Independent Review Unit is responsible for conducting Independent Reviews, or administrative conferences, according to New York State Social Services Regulation 443.5. When a foster care agency or ACS proposes the removal of a foster child or removes a foster child from a foster home the foster parent(s) is entitled to a conference, facilitated by a neutral party, where the agency presents the reasons for removal and the foster parent(s) can present their opposition to the removal. Foster parents have a right to bring an advocate or an attorney for support. Once the conference is over, the Independent Review Officer determines whether or not the removal is necessary and/or appropriate and sends all parties a copy of the written decision. This decision must be implemented by the agency and ACS.
According to
New York State regulations the child welfare agency must notify the foster
family in writing of its intention to remove the child at least 10 days in
advance by issuing a Notice of Removal (form CS 701D available for contract agencies on DocuShare via the ACS intranet). This notice also advises the foster parents of their right to request an Independent Review. Once the Review is requested, the child remains in the foster home until the decision of the Review is rendered (except in cases of an emergency removal where there is imminent risk of harm to the child). In cases of emergency removals, the agency must give the Notice of Removal to the foster parents at the time of removal or it must be provided to them immediately after the removal.
The
Independent Review Unit is staffed by social workers who function as Review
Officers. To request an Independent Review, call the helpline:
212-676-9421.