The adoption assistance eligibility specialist does the following:
- Informs the permanent managing conservator about the right to a fair hearing whenever PCA is denied, delayed, suspended, reduced, or terminated.
- Explains what supporting documentation the permanent managing conservator will need to provide at the hearing, as proof of a child’s eligibility.
- Prepares a fair hearing packet and submits it to the DFPS Office of General Counsel in the State Office, including the following:
- The prospective permanent managing conservator’s entire case file for PCA.
- A recommendation to be added to an agreed order, when applicable. An agreed order shows what the family will be eligible for after a fair hearing.
If the permanent managing conservator requests a fair hearing during the negotiation of benefits, the negotiator for PCA does the following:
- Prepares a written report summarizing the dispute over the amount of assistance and the efforts taken to resolve it.
- Provides documentation of the process and results of the discussion and negotiation with the permanent managing conservator, including any pertinent notes or recordings.
In such circumstances, the negotiator must be prepared to participate and testify in the fair hearing.
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