MATTER OF CLAUDIO v. Dowling

OPINION OF THE COURT

Smith, J.

The primary issue in these appeals is whether foster parents have standing to request a fair hearing from the State when the City denies or fails to act on a foster parent’s request for foster care maintenance payments 1 at a particular rate and the children cared for no longer reside with the foster parents at the time the request for a fair hearing is made. We conclude that foster parents have standing to request a fair hearing under these circumstances.

Background

The Federal Adoption Assistance and Child Welfare Act (42 USC §§ 670-679) provides financial…