§ 458-F — Fair hearings

§ 458-f. Fair hearings. 1. Any person aggrieved by the decision of a\nsocial services official not to make a payment or payments pursuant to\nthis title or to make such payment or payments in an inadequate or\ninappropriate amount or the failure of a social services official to\ndetermine an application under this title within thirty days after\nfiling, or the failure of a social services district to agree to a\nprospective successor guardian being named in an agreement or to approve\na prospective successor guardian pursuant to subparagraph (ii) of\nparagraph (b) of subdivision five of section four hundred fifty-eight-b\nof this title, or the decision of a social services district to\nterminate an agreement pursuant to paragraph (h) of subdivision four of\nsection four hundred fifty-eight-b of this title, may appeal to the\noffice of children and family services, which shall review the case and\ngive such person an opportunity for a fair hearing thereon and render\nits decision within thirty days. All decisions of the office of children\nand family services shall be binding upon the social services district\ninvolved and shall be complied with by the social services official\nthereof.\n 2. The only issues which may be raised in a fair hearing under this\nsection are: (a) whether the social services official has improperly\ndenied an application for payments under this title; (b) whether the\nsocial services official has improperly discontinued payments under this\ntitle; (c) whether the social services official has determined the\namount of the payments made or to be made in violation of the provisions\nof this title or the regulations of the office of children and family\nservices promulgated hereunder; (d) whether the social services official\nhas failed to determine an application under this title within thirty\ndays; (e) whether the social services official has improperly denied an\napplication to name a prospective successor guardian in the original\nkinship guardianship assistance agreement for payments pursuant to this\ntitle or any amendments thereto; (f) whether a social services official\nhas inappropriately failed to approve a prospective successor guardian;\nor (g) whether a social services official has inappropriately terminated\nan agreement for payments under this title.\n 3. The provisions of subdivisions two and four of section twenty-two\nof this chapter shall apply to fair hearings held and appeals taken\npursuant to this section.\n