The CPS regional director designates the staff member who will conduct the appeal.

Once DFPS receives Form 6583 from the potential kinship caregiver whose home assessment was denied, the designated staff member must contact the potential kinship caregiver and schedule a date (within 15 calendar days) and time to discuss, either in person or by phone or other technology, the potential kinship caregiver’s criminal history.

The designated staff member conducting the appeal must request a copy of the criminal history and the home assessment from the caseworker and must review them.

Staff should be mindful that kinship caregivers often work and may need to reschedule their appeal. Staff must make every effort to work with the potential kinship caregiver to allow her or him an opportunity to provide information and documentation related to the criminal history.

The appeal is not a formal hearing and does not include a formal examination and cross-examination of witnesses. However, during the appeal process, the potential kinship caregiver has the opportunity to present information, including written documentation.

The appeal is a review of the decision to disqualify the person from serving as a potential kinship caregiver. The appeal must include consideration of the following:

• When the person’s conviction of a low-risk criminal offense occurred.
• Whether the person has multiple criminal offenses (convictions, deferred adjudications without completion of probation, indictments, or criminal complaints).
• How likely or unlikely it is that the person will commit fraudulent activity in the future.

After the potential kinship caregiver has completed the appeal discussion, the designated staff member must consult with the conservatorship (CVS) supervisor and program director to reflect upon the discussion and any written information about the circumstances surrounding the offense. After consulting with the CVS supervisor and program director, the designated staff member conducting the appeal makes a determination, considering the totality of the circumstances. See 6613.2 Considering the Totality of the Circumstances.