Preview
FILED: NEW YORK COUNTY CLERK 12/20/2023 03:17 PM INDEX NO. 453323/2023
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/20/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
In the Matter of a Proceeding for a Judgment
Pursuant to Article 78 of the Civil Practice Law and Rules
TATIANA ROSADO
Petitioner, 453323/2023
Index No. -----
-against- AFFIRMATION
NEW YORK CITY ADMINISTRATION FOR
CHILDREN'S SERVICES, JESS DANNHAUSER, in his
official capacity as Commissioner of New York City
Administration for Children's Services; and GOOD
SHEPHERD SERVICES; and, MICHELLE YANCHE,
Chief Executive Officer of GOOD SHEPHERD SERVICES
Respondents.
Betsy Kramer, an attorney duly admitted to practice law before the Courts of the State of New
York affirms the following under penalty of perjury:
I. I am a staff attorney and Director of Special Litigation at Lawyers For Children
Inc. (LFC). LFC was assigned by the Family Court of the State of New York to serve as attorney
for Tatiana Rosado (Tatiana) in all proceedings relating to her foster care placement, and I am
fully familiar with the facts and circumstances of this matter.
2. I submit this Affirmation in support of the Order to Show Cause and Petition
seeking an order directing the Respondents to maintain Tatiana in her foster care placement with
related services until appropriate housing can be secured.
3. Tatiana was placed in foster care when she was 15 years old (in 2016). She has
remained in foster care continuously since that time.
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4. The New York City Administration for Children's Services (ACS) is the New
York City agency charged with responsibility for the care and custody of children in foster care.
Respondent Jess Dannhauser is the Commissioner of the New York City Administration for
Children's Services ("Commissioner").
5. Good Shepherd Services is an independent foster care agency that, pursuant to a
contract with ACS, has direct responsibility for Tatiana's foster care placement and for planning
for Tatiana's discharge from foster care. Pursuant to its contract with Good Shepherd Services,
ACS has oversight responsibility for Tatiana's care and custody. Michelle Yanche is Chief
Executive Officer of Good Shepherd Services and is responsible for ensuring the agency's
cornpliance with all applicable law, as well as directions from ACS and the Commissioner.
goal" - the plan
6. Every child in foster care must be assigned a "permanency for
discharge from foster care to a permanent living situation.
7. When return to the child's parents, adoption, and granting guardianship or
custody to another adult are not viable options, youth over the age of 16 may have a goal of
Another Planned Permanent Living Arrangement ("APPLA"). Youth with this goal are expected
to leave foster care to live on their own.
8. Because her mother was not taking appropriate steps to have Tatiana returned to
her care, and there were no other adult resources to care for Tatiana, the Family Court approved
APPLA as Tatiana's goal in January 2022. It has been her permanency goal continuously since
that time.
9. 18 NYCRR § 430.12(f)(3)(i)(b) sets forth the parameters for discharging a youth
to APPLA. "No child may be discharged to another planned living arrangement with a
permanency resource, unless the child has a residence other than a shelter for adults, shelter for
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FILED: NEW YORK COUNTY CLERK 12/20/2023 03:17 PM INDEX NO. 453323/2023
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/20/2023
families, single-room occupancy hotel or any other congregate living arrangement which houses
more than 10 unrelated persons and there is a reasonable expectation that the residence will
discharge."
remain available to the child for at least the first 12 months after
10. Recognizing that it must stay within these parameters when discharging youth to
APPLA, ACS has instituted policies and procedures for allowing youth to remain in their foster
care placements after age 21 if they do not have appropriate housing.
11. ACS's Guidelines for the Continuation of Care & Support Beyond Age 21
reiterates the proscription on discharging youth before appropriate housing has been secured:
Young adults may not be discharged from foster care without achieving
permanency. For young adults with a goal of another planned permanent living
arrangement with a permanency resource (APPLA+), permanency includes a
stable living arrangement, which cannot be a shelter or other temporary housing,
such as a single-room occupancy hotel or other congregate living arrangement
with 10 or more unrelated persons. The residence to which a young adult
discharged from foster care moves shall be reasonably expected to be the young
adult's home for at least 12 months following discharge from care. A copy of that
document is annexed hereto as Exhibit A.
12. Tatiana has been working with Good Shepherd to secure permanent housing, so
that she can be discharged from foster care.
13. In a report prepared for Tatiana's final family court hearing on September 26,
2023, Good Shepherd reported that Tatiana was on the waitlist for a NYCHA apartment in the
Bronx and on the waitlist for Section 8. A copy of that report is annexed hereto as Exhibit B.
14. A subsequent report indicated that she had also cooperated with the application
process for supportive housing, and a determination on that application was pending. A copy of
that report is annexed hereto as Exhibit C.
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15. Upon information and belief, based upon conversations with Tatiana and ACS,
Tatiana's supportive housing application has been approved, and she has participated in
interviews for several programs.
16. Tatiana turned 21 on November 23, 2023.
17. Although she has not, yet, secured housing, ACS notified LFC and Tatiana on
December 7, 2023 that she may not remain in her foster care placement after December 21,
2023.
18. Respondents assert that they are planning to discharge Tatiana due to her negative
interactions with peers in the Good Shepherd residence where she resides and her failure to
cooperate with requirements set by the staff.
19. This reasoning stands in stark contrast to the information contained in the recent
reports prepared by Good Shepherd Services, which praised her interaction with her peers and
staff. According to the report submitted to the Family Court in September, "The youth has
adjusted well to Marian Hall. The youth has been observed to have positive interactions with
program."
peers and staff in Exhibit B. According to the report issued at the end of October,
program."
"Tatiana appears to have positive relationships with her peers in Exhibit C.
20. Similarly, despite ACS's efforts to brand Tatiana as uncooperative, the Good
Shepherd reports detailed her cooperation with the services provided, and noted her efforts to
address her challenges. According to the report issued in September, "Tatiana adjusted well to
issues."
Marian Hall program overall with a few minor behavior That report also stated that
Tatiana was actively participating in mental health treatment at the program ("The youth meets
with her SW [social worker] for weekly sessions to address youths emotional regulation. Tatiana
also participate in DBT group which occurs weekly in order to learn effective coping skills.").
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And, it said that she was working to obtain employment ("Tatiana is working with her future
focus coach to find an appropriate educational program that meets her needs. Tatiana was
enrolled in summer youth program in the summer of 2023, the program ended in August. Tatiana
is actively applying to jobs and is being provided support by her future focus coach."). Exhibit B.
21. The report issued at the end of October reiterated the positive impressions of
Tatiana, noting her efforts to improve in the areas where she struggled, and outlining her work
toward achieving her goal of APPLA. According to the report:
Tatiana has adjusted well to program. Tatiana struggles at times to follow
program rules which she is working to improve on. . . The youth participates in
PYA (preparing youth for adulthood) groups which occur weekly. Tatiana also
occasionally participates in DBT groups and individual DBT sessions. . .
Tatiana participated in a psychiatric eval 10/3/23. A Supportive Housing
10/23/2023."
Application was submitted on Exhibit C.
22. When questioned regarding the plan to discharge Tatiana before she
had secured housing, ACS, though its attorney, notified LFC, "If Tatiana does not
DHS."
have a place to go, ACS can facilitate a warm handoff with [The Department of
Homeless Services].
23. Although Respondents are well aware that Tatiana does not have a place to go
other than a homeless shelter, and that her discharge would violate the regulations governing
discharge from foster care, they have refused to allow her to remain in her placement.
24. In contrast to the extraordinary harm that Tatiana would suffer if forced into
homelessness, the burden on respondents of continuing her current placement would be minimal.
25. The Respondents, by discharging Tatiana before she has secured stable housing,
have clearly failed to perform duties enjoined upon them by law.
26. Even if Tatiana were not cooperative with the Good Shepherd program,
Respondents would not be justified in discharging her from foster care at this juncture.
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Respondents may not choose whether or not to help young people in foster care who are making
the difficult transition from youth to adulthood. Instead, the law mandates that they ensure that
all young people aging out of foster care are discharged to appropriate, stable housing.
27. Because Tatiana is 21 years old, the Family Court no longer has jurisdiction over
her foster care placement. There is no administrative procedure available for challenging the
Respondents'
determination. Accordingly, the New York State Supreme Court is the only
appropriate forum in which to seek judicial relief on her behalf.
28. This application is made upon Order to Show Cause and N.Y. C.P.L.R. Article 78
because Tatiana cannot wait. Without an Order from this Court, Tatiana will be homeless on
December 21, 2023.
29. No prior request for this relief has been made to this or any other court.
WHEREFORE, for the reasons set forth herein, it is respectfully requested that this Court
order Respondents to continue foster care and related services for Tatiana, including placement
and assistance securing permanent housing and employment, until she can be properly
discharged from foster care pursuant to 18 N.Y.C.R.R. § 430.12(f)(3), and grant such other relief
as the Court may deem to be appropriate.
Dated: New York, New York
December 18, 2023
Betsy Kr er, Esq.
Lawyers For Children, Inc.
8th
110 Lafayette Street, flOOr
New York, New York 10013
Tel. (212) 966-6420
Fax. (212) 966-0531
BKramer@LawyersForChildren.org
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Preview
FILED: NEW YORK COUNTY CLERK 12/20/2023 03:17 PM INDEX NO. 453323/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/20/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK In the Matter of a Proceeding for a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules TATIANA ROSADO Petitioner, 453323/2023 Index No. ----- -against- AFFIRMATION NEW YORK CITY ADMINISTRATION FOR CHILDREN'S SERVICES, JESS DANNHAUSER, in his official capacity as Commissioner of New York City Administration for Children's Services; and GOOD SHEPHERD SERVICES; and, MICHELLE YANCHE, Chief Executive Officer of GOOD SHEPHERD SERVICES Respondents. Betsy Kramer, an attorney duly admitted to practice law before the Courts of the State of New York affirms the following under penalty of perjury: I. I am a staff attorney and Director of Special Litigation at Lawyers For Children Inc. (LFC). LFC was assigned by the Family Court of the State of New York to serve as attorney for Tatiana Rosado (Tatiana) in all proceedings relating to her foster care placement, and I am fully familiar with the facts and circumstances of this matter. 2. I submit this Affirmation in support of the Order to Show Cause and Petition seeking an order directing the Respondents to maintain Tatiana in her foster care placement with related services until appropriate housing can be secured. 3. Tatiana was placed in foster care when she was 15 years old (in 2016). She has remained in foster care continuously since that time. 1 of 6 FILED: NEW YORK COUNTY CLERK 12/20/2023 03:17 PM INDEX NO. 453323/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/20/2023 4. The New York City Administration for Children's Services (ACS) is the New York City agency charged with responsibility for the care and custody of children in foster care. Respondent Jess Dannhauser is the Commissioner of the New York City Administration for Children's Services ("Commissioner"). 5. Good Shepherd Services is an independent foster care agency that, pursuant to a contract with ACS, has direct responsibility for Tatiana's foster care placement and for planning for Tatiana's discharge from foster care. Pursuant to its contract with Good Shepherd Services, ACS has oversight responsibility for Tatiana's care and custody. Michelle Yanche is Chief Executive Officer of Good Shepherd Services and is responsible for ensuring the agency's cornpliance with all applicable law, as well as directions from ACS and the Commissioner. goal" - the plan 6. Every child in foster care must be assigned a "permanency for discharge from foster care to a permanent living situation. 7. When return to the child's parents, adoption, and granting guardianship or custody to another adult are not viable options, youth over the age of 16 may have a goal of Another Planned Permanent Living Arrangement ("APPLA"). Youth with this goal are expected to leave foster care to live on their own. 8. Because her mother was not taking appropriate steps to have Tatiana returned to her care, and there were no other adult resources to care for Tatiana, the Family Court approved APPLA as Tatiana's goal in January 2022. It has been her permanency goal continuously since that time. 9. 18 NYCRR § 430.12(f)(3)(i)(b) sets forth the parameters for discharging a youth to APPLA. "No child may be discharged to another planned living arrangement with a permanency resource, unless the child has a residence other than a shelter for adults, shelter for 2 of 6 FILED: NEW YORK COUNTY CLERK 12/20/2023 03:17 PM INDEX NO. 453323/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/20/2023 families, single-room occupancy hotel or any other congregate living arrangement which houses more than 10 unrelated persons and there is a reasonable expectation that the residence will discharge." remain available to the child for at least the first 12 months after 10. Recognizing that it must stay within these parameters when discharging youth to APPLA, ACS has instituted policies and procedures for allowing youth to remain in their foster care placements after age 21 if they do not have appropriate housing. 11. ACS's Guidelines for the Continuation of Care & Support Beyond Age 21 reiterates the proscription on discharging youth before appropriate housing has been secured: Young adults may not be discharged from foster care without achieving permanency. For young adults with a goal of another planned permanent living arrangement with a permanency resource (APPLA+), permanency includes a stable living arrangement, which cannot be a shelter or other temporary housing, such as a single-room occupancy hotel or other congregate living arrangement with 10 or more unrelated persons. The residence to which a young adult discharged from foster care moves shall be reasonably expected to be the young adult's home for at least 12 months following discharge from care. A copy of that document is annexed hereto as Exhibit A. 12. Tatiana has been working with Good Shepherd to secure permanent housing, so that she can be discharged from foster care. 13. In a report prepared for Tatiana's final family court hearing on September 26, 2023, Good Shepherd reported that Tatiana was on the waitlist for a NYCHA apartment in the Bronx and on the waitlist for Section 8. A copy of that report is annexed hereto as Exhibit B. 14. A subsequent report indicated that she had also cooperated with the application process for supportive housing, and a determination on that application was pending. A copy of that report is annexed hereto as Exhibit C. 3 of 6 FILED: NEW YORK COUNTY CLERK 12/20/2023 03:17 PM INDEX NO. 453323/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/20/2023 15. Upon information and belief, based upon conversations with Tatiana and ACS, Tatiana's supportive housing application has been approved, and she has participated in interviews for several programs. 16. Tatiana turned 21 on November 23, 2023. 17. Although she has not, yet, secured housing, ACS notified LFC and Tatiana on December 7, 2023 that she may not remain in her foster care placement after December 21, 2023. 18. Respondents assert that they are planning to discharge Tatiana due to her negative interactions with peers in the Good Shepherd residence where she resides and her failure to cooperate with requirements set by the staff. 19. This reasoning stands in stark contrast to the information contained in the recent reports prepared by Good Shepherd Services, which praised her interaction with her peers and staff. According to the report submitted to the Family Court in September, "The youth has adjusted well to Marian Hall. The youth has been observed to have positive interactions with program." peers and staff in Exhibit B. According to the report issued at the end of October, program." "Tatiana appears to have positive relationships with her peers in Exhibit C. 20. Similarly, despite ACS's efforts to brand Tatiana as uncooperative, the Good Shepherd reports detailed her cooperation with the services provided, and noted her efforts to address her challenges. According to the report issued in September, "Tatiana adjusted well to issues." Marian Hall program overall with a few minor behavior That report also stated that Tatiana was actively participating in mental health treatment at the program ("The youth meets with her SW [social worker] for weekly sessions to address youths emotional regulation. Tatiana also participate in DBT group which occurs weekly in order to learn effective coping skills."). 4 of 6 FILED: NEW YORK COUNTY CLERK 12/20/2023 03:17 PM INDEX NO. 453323/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/20/2023 And, it said that she was working to obtain employment ("Tatiana is working with her future focus coach to find an appropriate educational program that meets her needs. Tatiana was enrolled in summer youth program in the summer of 2023, the program ended in August. Tatiana is actively applying to jobs and is being provided support by her future focus coach."). Exhibit B. 21. The report issued at the end of October reiterated the positive impressions of Tatiana, noting her efforts to improve in the areas where she struggled, and outlining her work toward achieving her goal of APPLA. According to the report: Tatiana has adjusted well to program. Tatiana struggles at times to follow program rules which she is working to improve on. . . The youth participates in PYA (preparing youth for adulthood) groups which occur weekly. Tatiana also occasionally participates in DBT groups and individual DBT sessions. . . Tatiana participated in a psychiatric eval 10/3/23. A Supportive Housing 10/23/2023." Application was submitted on Exhibit C. 22. When questioned regarding the plan to discharge Tatiana before she had secured housing, ACS, though its attorney, notified LFC, "If Tatiana does not DHS." have a place to go, ACS can facilitate a warm handoff with [The Department of Homeless Services]. 23. Although Respondents are well aware that Tatiana does not have a place to go other than a homeless shelter, and that her discharge would violate the regulations governing discharge from foster care, they have refused to allow her to remain in her placement. 24. In contrast to the extraordinary harm that Tatiana would suffer if forced into homelessness, the burden on respondents of continuing her current placement would be minimal. 25. The Respondents, by discharging Tatiana before she has secured stable housing, have clearly failed to perform duties enjoined upon them by law. 26. Even if Tatiana were not cooperative with the Good Shepherd program, Respondents would not be justified in discharging her from foster care at this juncture. 5 of 6 FILED: NEW YORK COUNTY CLERK 12/20/2023 03:17 PM INDEX NO. 453323/2023 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 12/20/2023 Respondents may not choose whether or not to help young people in foster care who are making the difficult transition from youth to adulthood. Instead, the law mandates that they ensure that all young people aging out of foster care are discharged to appropriate, stable housing. 27. Because Tatiana is 21 years old, the Family Court no longer has jurisdiction over her foster care placement. There is no administrative procedure available for challenging the Respondents' determination. Accordingly, the New York State Supreme Court is the only appropriate forum in which to seek judicial relief on her behalf. 28. This application is made upon Order to Show Cause and N.Y. C.P.L.R. Article 78 because Tatiana cannot wait. Without an Order from this Court, Tatiana will be homeless on December 21, 2023. 29. No prior request for this relief has been made to this or any other court. WHEREFORE, for the reasons set forth herein, it is respectfully requested that this Court order Respondents to continue foster care and related services for Tatiana, including placement and assistance securing permanent housing and employment, until she can be properly discharged from foster care pursuant to 18 N.Y.C.R.R. § 430.12(f)(3), and grant such other relief as the Court may deem to be appropriate. Dated: New York, New York December 18, 2023 Betsy Kr er, Esq. Lawyers For Children, Inc. 8th 110 Lafayette Street, flOOr New York, New York 10013 Tel. (212) 966-6420 Fax. (212) 966-0531 BKramer@LawyersForChildren.org 6 of 6