Copyright © 2010 Foster Parent Advocacy Foundation Inc. All rights reserved.


Current FPA programs


Foster parents, like all child welfare professionals, have an obligation to ensure the safety of the children in their homes. Children who have been separated from their parents because of abuse, neglect or abandonment often have special needs that require their foster parents to respond to challenging behaviors and to provide stability during a crisis in the child’s life. In addition, foster families often experience increased scrutiny and may be more likely to be the target of maltreatment allegations than other families in their communities. In maintaining a professional role in the child welfare system, foster parents must, first and foremost, ensure the safety and well-being of each child in their home.

ATTENTION FOSTER PARENTS
Foster parents will also have to get this expunged off their record (ALLEGATIONS). If you receive a letter stating it was unfounded you still have to send a letter up OFCS to get it expunged off your record. This information stays on your record even if it says unfounded.



Terms to Know

Allegation: A statement made that a foster parent has abused or neglected a foster child. An allegation is just that. The allegation needs to be investigated to see if it is supported by facts.

On hold: A home is placed "on hold" after an allegation of abuse or neglect is made against the foster parent, pending the outcome of the investigation. A foster home that is placed "on hold" cannot have children placed in it until the "hold" is taken off. This action is standard practice, taken to protect all parties, and does not indicate belief or disbelief of the allegation.
Investigation: Studying all the facts related to an allegation.

Independent investigation: An investigation that is done by another county human services department to look into an allegation of abuse or neglect against a foster home. The investigation is done "independently" by an agency not affiliated  Acs to make sure that all sides of the story are considered fairly. Agency cannot influence and does not have any say in decisions made by the investigating agency. This is required and cannot be waived by ACS.


This text explains what happens when an allegation of abuse or neglect is made against a foster home.

STEP 1:
A referral of alleged abuse or neglect in a foster home is documented after someone reports to the agency that a child has been abused or neglected.

STEP 2: 
Adminstration for Children services  will assess if the referral requires investigation and for immediate safety issues. It is ACS job to make sure the children are safe while an investigation into the allegation takes place. If it is determined that it is not safe for the child to stay in the foster home, the child will be taken to another home by a  Agency case worker.

STEP 3:
A foster home that has a pending abuse or neglect investigation will be placed "on hold". This means that no children can be placed in the home until the investigation process is done. A staff person from the Office of children and family services  Unit will send a letter to let the foster family know that their home is "on hold".

STEP 4:
The case will be referred (passed on) to another agency for an independent investigation, which will involve asking the foster family and the foster children questions to figure out what happened. Other records (or information related to the foster family and the abuse/neglect allegation would also be reviewed.) This can take up to 60 days to finish. During this period, Agency cannot share information. Requests for information and questions must be directed to the investigating agency.

What can a foster parent do to speed up the investigation?
Foster parent(s) should make themselves and the foster children (if they are still in the home) available for questions. Answering questions honestly is important, and keeps the investigation moving along in a timely manner.

STEP 5:
After the independent investigation is finished, the investigating agency will determine if the report of abuse or neglect is found to be "unsubstantiated" or "substantiated".

What does unsubstantiated mean?
"Unsubstantiated" means that there was not enough evidence (or facts) to prove that the allegations were true. TheOffice of family Services Unit will review a copy of the independent investigation report and decide whether to remove the hold or not, based on the report. Foster parents will receive a letter from the Office of family services Unit when the hold is taken off their home.

Although the allegation may be unsubstantiated, a decision will be made regarding whether or not an HFS56 rule violation has occurred.


What does substantiated mean?
"Substantiated" means that the investigation found that there is a preponderance (51%) of belief that abuse or neglect likely did happen. The foster parents' license will be revoked (taken away) and the foster parent will no longer be able to take care of foster children. A letter saying that the foster parent license is revoked will be sent to the foster home. This letter will give an address to which the foster parent can write to appeal (argue) the substantiation decision.


What can I do to prevent abuse or neglect reports?

1. Learn and follow the foster care rules and regulations.

2. Have every child placed in your home examined (HealthCheck) by their physician when they arrive at your home. At this exam, the doctor will record all the scars, bruises and marks on the foster child. This will help document that you are not the person who caused these, should such be alleged.

3. Follow the rule of NO physical discipline. You cannot hit a foster child. Ask your social worker about other ways that you can discipline foster children.

4. Document all injuries, falls, etc. the child receives at your home or elsewhere.

5. Maintain good communication with the child's social worker and your specialist.

6. Reach out for assistance when you are stressed or needing support.


Who can I call with questions?
Call the investigating social worker with any questions about the investigation or its status. Call your department social worker with questions not related to the investigation.


How Support Groups Can Help
In addition to counseling new foster and adoptive families about taking conscious steps to prevent allegations, support groups can be very helpful when a family is going through or has just concluded an allegation investigation. Sometimes, the best help is just being there. To support family members who are going through an investigation:

Offer a sympathetic ear
This is a time when families really need the support group! Make them feel welcome by respectfully listening.

Stay neutral
It is not the group’s job to fix the problem. There are many sides to the story, and the group should be objective. Agency bashing helps no one.

Share information
Encourage members to talk about their experiences with allegations, and share local allegation policy and procedural information with the entire group.

Suggest resources
Direct the family to legal services and suggest how they can obtain agency policies concerning allegations.

Assign a mentor
Parents going through an allegation may have an easier time talking to one person who has experienced an allegation rather than the whole group. A call from someone who can say, "I’ve walked the walk," can mean so much during this time.

After the investigation is over, ask for help to regain your equilibrium, rebuild, and move on. Take really good care of yourself. Think hard and give yourself some time off before bringing a child back into your home, or accepting another placement. Take care of the children still in the home. Difficult times can be therapeutic and healing, showing children that we can have tough times, but as families we are strong and resilient. If you can’t prevent an allegation, at least do what you can to survive, learn, and thrive.



 
Allegations of Maltreatment Against  Foster Parents

How to expunge or seal and amend reports of abuse or neglect

State Central Register:

Reports of child abuse and neglect are made to the New York State Central Register (SCR). Anybody can call in reports to the state child abuse hotline. Some people, called “mandated reporters” (these include doctors, teachers and other service providers), are required to call the hotline if they have concerns about child maltreatment. The SCR decides whether a report should be investigated and, if so, forwards it to the local child welfare agency. In New York City, this is the Administration for Children’s Services (ACS). ACS has 60 days to complete the investigation, which can include interviewing the children at home, making home visits, and speaking with family, friends, doctors, and teachers. The result of the investigation will be that a report is either indicated (if ACS decides there is some believable evidence of child abuse or neglect) or unfounded (if ACS decides there is no believable evidence). If a case is indicated, that goes in your record at the SCR even if ACS decides not to remove your children or take the case to court. Indicated records are available to many employers and to foster care and adoption agencies so it is important that you be aware of any SCR records about you and that you decide whether you want to try to amend (change) or seal (prevent the release) of those records. “Often ACS tells a person who is being investigated that the case is being closed and it is not clear that even though the case is closed, the person is going to have a record in the SCR. It is important for you to take steps to find out if you have a record, so that you can challenge the record if you want to do so.”

Indicated Reports:

If ACS finds that there is some believable evidence that the report is true, it will mark the report as “indicated.” Indicated reports are kept at the SCR until the youngest child involved is 28 years old. Many employers (including schools, child care agencies, social service agencies, and others) and foster care and adoption agencies will be notified of indicated reports. Indicated reports often prevent people from getting or keeping certain
jobs, becoming foster parents, or adopting. Employers may be notified and refuse to hire people even when jobs do not involve working directly with children. Law enforcement agencies, child welfare agencies, and the courts will also have access to reports in the SCR for other investigations (for example, when custody issues are decided).

Unfounded Reports:

If the local agency finds that there is no believable evidence that the report is true, it will mark the report as “unfounded.” The report will be maintained at the SCR, but will be sealed. This means that it is only available to police or ACS when they are investigating another report of child abuse or neglect involving you or your children. A sealed report is not available to employers or foster care or adoption agencies. Unfounded reports will remain in the SCR for ten years.

your child after you file a PINS case. You may want to take out a PINS if you believe it will help you meet the child’s needs. But you should not file a PINS case based on the idea that it will make being the parent of a teenager easy.


“ACS needs to understand that peer pressure is very strong with teenagers and as a single parent that has to work, the supervision might not be there as much as ACS thinks it should be. They need to understand that it can be very difficult to put teenagers in constructive programs like mentoring or after-school programs and still have them be able to grow instead of being stunted by being isolated from everything else. You don’t want to isolate your child. Teenagers are going through their own things like hormones and peer pressure and they need to have positive programs for teenagers in order to get what they can’t get
at home.”


The Review and Fair Hearing process

Once you request a hearing, the Office of Children and Family Services (“OCFS”) has 90 days to conduct an internal review. You do not get to attend the internal review, but you may submit documentation to be reviewed during this process. If you do not submit materials, OCFS will only look at the materials ACS has sent them. OCFS may decide the report should be unfounded. If OCFS decides not to change the report to unfounded or if the review is not completed within 90 days, then a fair hearing should be scheduled automatically. (If it is not scheduled, then you should request one again.) You should receive notice of where and when the fair hearing will be held and you are entitled to attend.

At the hearing, you may present your side of the story and any proof and evidence you have. You should be prepared to explain why the report against you should be amended and/or sealed. You should bring any documents and witnesses that support your explanation. ACS must give you copies of any evidence they are going to use against you. You are allowed to bring a lawyer or you may speak for yourself at the fair hearing.
If the fair hearing is about amending the record, the judge (called an “administrative law judge” or “ALJ”) will decide if more of the evidence indicates there was child abuse or neglect or not. If more of the evidence indicates there was not child abuse or neglect, the
report will be amended (changed) to unfounded.

If the fair hearing is also about sealing the record, the judge will consider whether any indicated reports are relevant to jobs that involve contact with children or to being a foster or adoptive parent. Even if the judge does not change your record to unfounded, it can still be sealed if the report is not relevant to these positions. If your record is sealed it cannot be shown to employers or agencies. In deciding whether to seal a record, the judge should consider many factors, including any efforts at rehabilitation. Therefore, you should explain any positive steps you have taken since the report was made and bring any documents or witnesses that show you have addressed the issues involved in the case (for example, certificates from parenting classes or drug programs).


If you lose the fair hearing, you may appeal the decision by filing a petition (called an “Article 78”) in New York State Supreme Court on the grounds that the determination was capricious, arbitrary, or not in compliance with the law. It is helpful to have a lawyer to help you file an appeal. If you never received notice If the report was made more than 90 days ago, but you never received notice of the result of the investigation, you can still request a fair hearing. Your 90 day period starts when either ACS or the SCR notifies you. You do not have to prove that you did not receive notice - the agency has to prove they notified you.


Getting Information about Your Case:

You are entitled to a copy of any records of reports against you in the State Central Register. You should receive a letter telling you whether a report is unfounded or indicated within 60 days of the start of the investigation. Many people do not receive this letter even though records were made in the SCR against them. You can ask for a copy of any reports the SCR has against you by writing to:

New York State Office of Children and Family Services
Child Abuse and Maltreatment Register
P.O. Box 4480
Albany, NY 12204-0480


Challenging an Indicated Report:

You can challenge an indicated report to try to have it amended (changed to unfounded) or sealed (so it won’t be released to employers or foster or adoption agencies). There are certain times when you are definitely entitled to a hearing (at other times you may request one, but it is up to the State’s discretion whether to give you one). If you request the hearing within 90 days of being notified that a case was indicated, you are entitled to a hearing about both amending and sealing your record. This means it is often best to request a hearing quickly after you are notified. If you have been notified that an employer or agency has requested your SCR records (an SCR clearance) and you have not had a fair hearing yet, you are entitled to one. The State may say a fair hearing requested at this stage can only be about amending the record and not about sealing it. However, if you had not been notified of the indicated case earlier,
you can request to both amend and seal the record. You may not be able to amend (change) a report if a court has already decided you neglected or abused a child, but you still may be able to get it sealed. Getting a record sealed can prevent many of the problems having a record in the SCR causes.


How to request a fair hearing:

Send a letter to the New York State Office of Children and Family Services at the address
above asking that all reports against you be amended to unfounded and sealed. A sample
letter that you can use to do this appears below. You should also request a copy of the
contents of all reports the SCR has on you. In the letter, give your name and date of birth,
the names of any children that the report might mention and, if you have them, the Case
ID numbers and the Intake Stage ID numbers. Send this letter return receipt requested
and keep a copy of it so you have a record. If you do not receive a response, send another
letter requesting a fair hearing and stating when you sent your first request.


Expunging reports

Before 1996, people with records in the SCR were entitled to have fair hearings to
determine if their records could be expunged (removed) from the SCR. The law has been changed and the State is no longer required to hold fair hearings on expungement. Now unfounded records are generally only expunged after ten years and indicated records are generally only expunged after the youngest child turns 28 years old. In rare cases, an unfounded report can also be expunged if: 1) the source of the report was convicted for falsely making the report; or 2) the subject presents clear and convincing evidence that affirmatively refutes the allegation of abuse or maltreatment. In most SCR cases, amending or sealing a record is the best outcome a person can get.


Form letter to request to amend and seal a report in the SCR

You can use the following letter to challenge an indicated report against you in the SCR. All you have to do is fill in the blanks and send it to the address at the top of the letter.
You do not have to add any additional information, but it may be helpful to put the following information at the bottom of the letter if possible: the Case ID number(s), the
Intake Stage ID number(s), the name of the child or children discussed in the report, and a telephone number where you can be reached.


SAMPLE LETTER FOR EXPUNGEMENT


Date:

New York State Office of Children and Family Services
Child Abuse and Maltreatment Register
P.O. Box 4480
Albany, New York 12204-0480


To Whom it May Concern:

I am requesting that the indicated report(s) against me in the State Central Register be
amended to “unfounded” and legally sealed. Additionally, I request that the indicated
report(s) against me be deemed irrelevant to and not reasonably related to employment,
adoption or the provision of foster care.

Further, pursuant to Section 422(7) of the Social Services Law, I am requesting a copy of all
records associated with my case.


Sincerely,
________________________________
Name
________________________________
Date of Birth
________________________________
Address










Intake Procedure & 24-Hour Hot-Line #
Foster Parents can call 1- 646 - 355 - 0434.