FHCU Agency Attorney Level 1

Closing Date: 6th June, 2024

Description:

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 A Government Entity 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. In providing such representation, the attorney shall engage in a wide variety of legal tasks as needed, including the effective preparation of witnesses, evidence, and other trial-related initiatives.

Under close supervision, with some latitude for independent judgment action and decision, the attorney candidate will engage in difficult and complex legal work in the Office of the General Counsel (OGC) Fair Hearings & Compliance Unit to further the agency's mission on behalf of children and families.

Specific duties may include, but are not limited to the following:

• Maintain a significant caseload of complex and/or sensitive cases.
• Prepare and maintain case files and documents in advance of court appearances, including document redaction and production of discovery materials as required.
• Interview witnesses and other relevant parties, reviewing relevant agency and third-party records, and determining strength and admissibility of evidence.
• Draft legal documents, including pleadings, motions, and memoranda by following generally acceptable legal procedures, forms, and techniques to meet agency needs, goals, and objectives.
• Conduct legal research and regularly reviewing relevant case law and regulations to support legal opinions Preparation of these cases involves identifying and analyzing often extensive case record and documentary evidence, as well as conducting witness and collateral interviews.
• The attorney is responsible for legal and case review to determine what allegations of abuse and maltreatment, if any, is appropriate after the investigation is complete, based on the facts developed, and for formulating a theory of the case and a legal strategy on how to proceed, as well as preparing for the various trials and hearings mentioned above.
• Engage in a motion and discovery process with opposing counsel, non-attorney representatives, and/or pro se Appellants.
• Engage in settlement negotiations as appropriate, developing trial strategy, preparing witnesses that the agency will call to testify, and preparing for our cross examination of defense witnesses.
• Staff attorneys are responsible for presenting the agency's case in support of the “indicated” reports of child abuse and maltreatment or, in those instances in which we have determined that the report should not have been indicated, the attorneys must be able to back-up that decision with clear reasoning.

Additional Info:

• 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.

To Apply:
Applications Must Be Submitted Electronically Using One of The Options Below:

• For Current City Employees, Go to Employee Self Service (ess), Recruiting Activities, Careers and Search
• for Job ID# 633935.
• For all other applicants go to www.nyc.gov/careers and search for Job ID# 633935. Click on the "Apply"
• button.

Minimum Qualifications:

• Admission to the New York State Bar; and either "2" or "3" below.
• 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.

In addition to meeting the minimum Qualification Requirements:
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.

Preferred Skills:

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