KinGAP Hearings FAQ

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Frequently Asked Questions Regarding Kinship Guardianship Assistance Program (KinGAP) Hearings

See the General Hearing FAQ for questions not answered here.

Acronyms and Abbreviations

Questions

How do you request a KinGAP hearing?

See the General FAQ for the address to write to a request a hearing as well as some of the information to be included in that written request.

For KinGAP hearings, the letter requesting a hearing should be sent within 60 days of the determination to discontinue, deny, or make adoption payments in an allegedly inadequate or inappropriate amount, requesting review.

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

In addition to the information set forth in the General FAQ, for KinGAP hearings you should also include in your written request for hearing letter the following:

  • the name of child(ren),
  • date of birth of child(ren),
  • brief description of what you are requesting, and
  • copy of denial letter received from County DSS or ACS.
What is the denial letter from the county DSS or ACS?

The County DSS or ACS KinGAP unit shall send to you, a notice of the intent to discontinue or deny requested kinship guardianship payments. A lack of notice is not an irreversible error and not the basis for a determination in your favor.

What will be decided at the hearing?

The issue to be considered is whether the agency (local department of social services (LDSS) or ACS in NYC), abused its discretion at the time that it determined to discontinue, deny, or make KinGAP payments in an allegedly inadequate or inappropriate amount.

Who has the burden of proof at the hearing?

You need to present relevant and material evidence. You have the burden of establishing that an application was made for either increased adoptive payments or the denial of an application. You have the burden of establishing that either increased adoptive payments or the denial of an application, or any other action complained of, was not correct.

What does the OCFS hearing notice have to include?

Once the request of hearing is received, OCFS will send a hearing notice to you and to the LDSS or ACS. The hearing notice will include:

  • the hearing date or date for a conference, if by telephone, or in-person appearance,
  • your right to examine the record and any documents to be offered into evidence prior to the hearing,
  • your right to present evidence and arguments on issues of fact and law at the hearing,
  • your right to be represented by an attorney or other representative of their/his/her choice,
  • your right to cross-examine witnesses and to examine any document or item offered into evidence,
  • that all witnesses will be sworn,
  • that the hearing will be recorded, and
  • what action is being challenged, that is the discontinuance, denial or adequacy of KinGAP subsidy payments is the issue to be decided at the hearing.
When will the decision be issued?

A decision will be issued 30 days after completion of the hearing.

See the General Hearing FAQ for questions not answered here.