Fair Hearings Agency Attorney

Administration for Children’s Services (ACS) protects and promotes the safety and well-being of children and families through child welfare and juvenile justice services and community supports. ACS manages community-based supports and foster care services, and provides subsidized child care vouchers. ACS child protection staff respond to allegations of child maltreatment. In juvenile justice, ACS oversees detention, placement and programs for youth in the community.

The Office of the General Counsel (OGC) provides legal representation and advice to the Commissioner and all divisions at ACS. OGC identifies areas of legal vulnerability and coordinates with other Divisions to ensure compliance with court orders, consent decrees, and other legal and regulatory mandates. OGC also works closely with the NYC Law Department to minimize risk and avoid litigation and defend ACS in class action and individual lawsuits. OGC is comprised of six legal units and two non-legal units.

The Fair Hearings & Compliance Unit (FHCU) within the Office of the General Counsel is seeking an Agency Attorney. Staff attorneys appearing before the Office of Children and Family Services (OCFS)/Bureau of Special Hearings (BSH) primarily represent the Commissioner of the Administration for Children’s Services in administrative hearings and/or related Article 78 proceedings before New York State tribunal(s) (NYS Office of Children and Family Services/Bureau of Special Hearings) and/or Courts (generally NYS Supreme Court) concerning indicated reports of child neglect, adoption subsidy payments and kinship guardianship payments, foster care rates and services or other such issues as may be required.

Responsibilities

• Maintain a significant caseload of complex and/or sensitive cases.
• Prepare and maintain case files and documents in advance of court appearances.
• Interview witnesses and other relevant parties, reviewing relevant agency and third-party records and determining strength and admissibility of evidence.
• Liaise with other ACS programs including but not limited to adoption subsidy unit staff and executives.
• Liaise with NYS OCFS representatives including but not limited to adoption subsidy staff.
• Review and provide legal opinion and counsel to unit and other ACS program staff.
• Draft legal documents, including pleadings, motions, and memoranda by following generally acceptable legal procedures, forms, and techniques in order to meet agency needs, goals, and objectives.
• Conduct and/or assist with legal research and regularly reviewing relevant case law and regulations to support legal opinions.

Requirements

• Admission to the New York State Bar.
• One of the following:
  • One year of satisfactory United States legal experience subsequent to admission to any state bar; or
  • Six months of satisfactory service as an Agency Attorney Interne (30086).
• Incumbents must remain Members of the New York State Bar in good standing for the duration of this employment.

Qualifications

To be assigned to Assignment Level (AL) II, candidates must have one year of experience at Assignment Level I or two years of comparable legal experience subsequent to admission to the bar, in the areas of law related to the assignment.

To be assigned to AL III candidates must have two years of experience in Assignment Levels I and/or II or three years of comparable legal experience subsequent to admission to the bar, in the areas of law related to the assignment.

Skills

• Familiarity with Children’s Services’ policies and procedures, including relevant child welfare laws, social service laws, and the Family Court Act.
• Familiarity with relevant NYS regulations and guidance.
• Family law experience along with strong research and writing skills.
• Ability to track and meet multiple and varying deadlines.

Pay

$92,525 - $106,404

New York City Residency is not required for this position.

Section 424-A of the New York Social Services Law requires an authorized agency to inquire whether a candidate for employment with child-caring responsibilities has been the subject of a child abuse and maltreatment report.

As a prospective employee of the City of New York, you may be eligible for federal loan forgiveness programs and state repayment assistance programs. For more information, please visit the U.S. Department of Education’s website at https://studentaid.gov/pslf/.