The Legal Aid Society is hailing a ruling determining that the NYS Office of Children and Family Services (OCFS) lacks authority to create the Host Homes Program, which would have deprived children and parents of the legal protections they are entitled to in the State’s foster care system.

The lawsuit, brought by Proskauer on behalf of Legal Aid, Lawyers for Children, and the Legal Aid Bureau of Buffalo, challenged OCFS’s Host Homes program, which sought to create a shadow, unregulated system of foster care.

The Host Homes Program would have deprived children and families of services and supports mandated by the existing foster care system, including services to avoid family separation, assignment of legal counsel, and judicial oversight of the child’s placement. The Host Homes Program also did not prioritize placement with kin nor restrict out-of-state placements of children.

“The Court made clear that the State cannot separate families without due process and the protections required by law. Any program overseen by the state that removes children from their homes must include counsel, court oversight, and accountability,” reads a statement from the organizations. “This decision honors longstanding laws and policies that prevent children from being unnecessarily separated from their families and protects the rights of children and parents.”