A foster or adoptive applicant or parent has the right to:

  •   request an administrative review to challenge the denial of an application for or closure of a foster or adoptive home; and

  •   request a copy of and review the records related to the decision before the administrative review.

Applicant/Parent Has 15 Days to Request Administrative Review

The applicant or parent receives a letter notifying him or her of the adverse action. If the applicant or parent wants to request an administrative review and a copy of the records, he or she must complete the form attached to the letter and return the form to the FAD worker within 15 calendar days after receiving the letter. If the applicant or parent submits the form more than 15 calendar days after receiving the notification letter, the FAD worker may schedule the review if the worker determines good reason exists for the delay.

Applicant/Parent Requests Copy of Records

If the applicant or parent also requests a copy of the records, the FAD worker must request records from the Records Management Group, using OneCase in IMPACT. See the Foster and Adoptive Home Resource GuidePDF Document, under Producing FAD Administrative Review Records for Foster and Adoptive Parents.

The FAD worker does not schedule a review until the applicant or parent notifies the FAD worker that he or she received the records. The applicant or parent must notify the FAD worker within 15 calendar days after receiving the records in order for an administrative review to be conducted. If the applicant or parent notifies the FAD worker more than 15 calendar days after receiving the records, the FAD worker may schedule the review if the worker determines good reason exists for the delay.

Review Date

If the applicant or parent does not request a copy of the records, the review must be conducted within 30 calendar days of the FAD worker receiving the request for a review. If the applicant or parent requests a copy of the records, the review must be conducted within 30 calendar days of the applicant or parent notifying the FAD worker that he or she received the records.

The Administrative Review

A program director or individual designated by the CPS program administrator conducts the administrative review.

The administrative review is not a formal hearing and does not include a formal examination and cross-examination of witnesses. However, during the review the applicant or parent can dispute the adverse action by presenting evidence, including written documentation and oral testimony. The program director or designee determines if the testimony may be given either in person or by telephone. If the applicant or parent has a representative, the representative may be present if the applicant or parent is being interviewed or questioned for the review, and when the applicant or parent presents evidence.

After the administrative review is completed, the program director or individual designated by the CPS program administrator provides written notification of the decision to the foster or adoptive applicant or parent who requested the review.

If the application denial or home closure is due to a substantiated finding for abuse, neglect, or exploitation and the foster or adoptive applicant or parent has had an Administrative Review of Investigation Findings (ARIF) to challenge the substantiated finding, the applicant or parent is still eligible for an administrative review to challenge the denial or closure. However, the ARIF decision may be considered during the administrative review.

If FAD staff upholds a denial or closure in an administrative review and the foster or adoptive applicant or parent subsequently files a new application, FAD staff may deny the application without providing another administrative review, unless the applicant provides evidence of changed circumstances.