FHTA Hearings FAQ

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Frequently Asked Questions Regarding Family Type Home for Adults (FTHA) Hearings

See the General Hearing FAQ for questions not answered here.

Acronyms and Abbreviations

Questions

What is a Family Type Home for Adults?

A Family-Type Home for Adults (FTHA) is a type of adult care facility provided for adults who cannot live on their own. Care is provided in a family-type atmosphere. The home is limited to up to four residents unrelated to the operator. Up to two boarders (who must be living independently and do not require care) are also permitted, with prior approval of the local FTHA coordinator.

What is FTHA hearing and how is it initiated?

A hearing is a formal procedure initiated by either the OCFS or the operator to determine:

  • If to assess a civil penalty against the operator of a FTHA for failing to operate the FTHA in compliance with the applicable rules and regulations;
  • If to assess a civil penalty against the operator of a FTHA who does not possess a valid operating certificate for a FTHA, and/or to review an order sent to such operator to close the FTHA;
  • To review the denial of an application for, or for renewal of, an operating certificate for a FTHA;
  • If to revoke, suspend or limit an operating certificate for a FTHA;
  • If to modify an operating certificate for a FTHA.
How do I request a hearing?

A letter requesting a hearing be must sent within 60 days of the action taken above (assessment of civil penalty, denial, suspension or revocation). Send a letter requesting a hearing to the Bureau of Special Hearings (BSH) at:

Office of Children and Family Services
Special Hearings Bureau
52 Washington St., Room 228N
Rensselaer, NY 12144

What should be included in the request letter for a hearing?

A hearing request letter should include:

  • name
  • telephone number
  • email address
  • brief description of why you are requesting a hearing
  • copies of any letters received from the local departments of social services or OCFS
What will be decided at the hearing?

The issue to be considered at the Hearing is whether the action taken (assessment of civil penalty, denial, suspension or revocation) is established by a fair preponderance of the evidence.

What is a “fair preponderance of the evidence”?

“Fair preponderance of the evidence” is evidence which outweighs other evidence which is offered to oppose it.

See the General Hearing FAQ for questions not answered here.