N.Y. Social Services Law § 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.