Parents aren’t perfect. They make mistakes. But sometimes those mistakes are pretty serious and can be harmful to the children living with them. When that happens, Social Services may step in and remove the child from the home, placing them in foster care. 

The moment the child goes into foster care, the reunification process begins. This allows the parent to take deliberate steps to improve their situation and get their child back. Here’s what you need to know.

What is the law for family reunification in New York?

There are three primary sections in New York law where you can find information that deals with reuniting a child with its parents after the child has been placed in foster care or under guardianship. 

How does the family reunification process in New York work?

The majority of the time, when a child has been placed in foster care due to a problem with the parent, the goal of the court is reunification.

The parent should have an advocate right from the start. This means that when they learn of the investigation, they need to obtain legal counsel so that they have an advocate working in their best interest and the best interests of the child. If the children are removed from the home suddenly, the first thing the parent should do is talk to an attorney. Having an advocate from the beginning puts reunification in a much more prominent position even if it isn’t mentioned right away. The advocate can press for it and keep it at the forefront of the case as an ultimate goal for the parent and child.

When a child is removed from the home and placed in the custody of the state, a social worker will work with the parent or parents to develop a case plan that is designed to strengthen the family unit, help to solve certain issues like housing, employment, or substance abuse counseling or rehab. 

There are four potential outcomes for a child when they leave foster care;

  • They age out of the system
  • Reunification – Return to the parents
  • Kinship Care – They are permanently placed with a relative
  • Adoption – They are adopted or placed for adoption

When a child enters foster care, social services must establish a permanency plan for that child. It looks at where the child will live after he or she leaves foster care. The preferred plan most of the time is for the child to be returned to the parents. As part of the plan, services, and requirements are included that the families must complete. The return of the children to the family home is contingent upon the parents’ compliance with these services and requirements.

During the reunification process, the parents may be given visitation, either supervised or unsupervised depending on the reason the child was removed from the home. They may also include individual counseling or family counseling. The court will typically schedule a hearing to determine if the child can be returned to the parents. If the judge is satisfied with the parent’s compliance with the permanency plan, then the child and parents will be reunited.

What are the rights of parents whose children have been placed in foster care in New York?

Parents whose children have been placed in foster care have certain rights. Sometimes a court order will suspend or limit those rights. It depends on the circumstances surrounding the decision of the state to take custody of the child.

Still, parents whose child is in foster care have the right to:

  • Obtain legal counsel
  • Help with developing the permanency plan
  • Receive information about the process such as court hearings and what they should expect or what they should do
  • Advocate for themselves and be heard at every step in the process
  • Be offered and receive services that aid in facilitating the return of the child to the family home
  • Have the ability to visit the child while the child is in foster care
  • Receive updates and information regarding the child’s health, school progress, and development
  • Be treated fairly and without discrimination of any kind

Fathers who are not married to the mother of their child typically have no rights to the child. He may be required to establish paternity before his rights to the child are acknowledged or recognized.

Why is reunification so important?

Reunification is important because most of the time the best place for a child to be is with their parents. Sometimes the parents need some help to keep the child safe and to be the best parent they can be, and foster care can allow for that to happen. Once their child enters the foster program, the parents have access to many resources that are designed to strengthen families. Some of these programs will be a requirement for the parent.

How does a person apply for reunification for their family in NY?

The parents work closely with their social worker. It is the social worker who will submit to the court a request to begin the reunification process.

What happens if a parent does not want their child to return to them from the foster system?

Sometimes a parent does not want their child returned to them. They may feel that they can’t provide proper care, or that they don’t want the responsibility, or any number of other reasons. When that happens, they need to talk to their social worker who will have them sign a document called a “Surrender.” This essentially is a voluntary action to give up their rights as parents.

If the social worker feels that it is in the best interest of the child to not return to the parents, they can file a petition with the court, requesting a hearing to determine if the court should terminate the parental rights of the parents. If the court finds that the situation meets the grounds for termination of parental rights, then the judge may end the rights of the parents permanently and assign guardianship and custody of the child to the Child Protective Agency. The agency will then look for a permanent home for the child or allow the child to be adopted. 

What is the Family First Prevention Plan in NY?

The Family First Prevention Services Act takes proactive steps to help children remain safely with their families, thus avoiding the trauma of being removed from their homes and placed in foster care. It increases family access to mental health services, parenting skills courses, and substance use treatment. The goal is to keep families together whenever possible as long as the children are safe, and it is in their best interest to remain in the family home.

If your children have been taken into state care or you believe that they are about to be, you need legal representation now. Call the Litvak Law Firm at 718-989-2908 and get the compassionate, knowledgeable help you need. We can help you no matter where you are in the process and we’ll work hard to ensure that you have the best possible outcome for your case and that your rights, especially your parental rights, are protected. Don’t wait to see what will happen – your family is too precious to leave to chance. Call today.