If a FAD worker and supervisor decide to take certain adverse actions against a foster home, the foster parent may choose to waive his or her right to an administrative review and instead proceed with a peer review. The foster parent also has the right to request a copy of and review the records related to the adverse action before the peer review.

Parent Has 15 Days to Request Peer Review

The parent receives a letter notifying him or her of the adverse action. If the parent wants to proceed with the peer review, the parent must complete the form attached to the letter and return it to the FAD worker within 15 calendar days after receiving the letter. If the 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.

Parent Requests Copy of Records

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

The Peer Review

The purpose of a peer review is to review the adverse action through a non-adversarial process and make recommendations about decisions and actions taken on DFPS-verified foster parents. This appeal procedure uses the expertise of foster parents to review adverse actions and help CPS staff evaluate if appropriate action was taken. These guidelines must be written and given to all DFPS verified foster parents.

During the peer review, the parent can dispute the adverse action by presenting evidence, including written documentation and oral testimony. If the parent has a representative, the representative may be present if the parent is being interviewed or questioned for the review, and when the parent presents evidence. However, the peer review appeal process is not a formal hearing and does not include a formal examination and cross-examination of witnesses.

Each region establishes a team to review and evaluate certain decisions and actions taken with DFPS verified foster parents through an equity lens. The review team makeup will include foster parents.

Each region decides when this review team convenes. The review team meets on a regular basis or as needed.

Each region that takes adverse action on DFPS-verified foster parents, resulting in possible home closure, must allow these families access to the peer review appeal process before closing the home. Regions also use this process if requested to review:

  •   staff lowering the capacity of placements without the foster parents' agreement;

  •   foster parents being placed on corrective action;

  •   conflicts arising between staff and foster parents.

Staff cannot conduct a peer review unless the records related to the decision are provided to the peer review team. If a foster parent wants to use the peer review appeal process, the foster parent must sign a release of information statement so information can be shared with his or her peers.

The complete foster home case record, including information in IMPACT, is available at the peer review appeal hearing. If relevant, or requested by the foster parent, each member of the review team receives copies of the following information:

  •   Quarterly narratives over the last year (or more if relevant)

  •   All serious incident reports

  •   All developmental and corrective action plans

  •   Commendations and any special recognition

  •   Home screening

  •   The narratives that are not included in the quarterly narrative over the last year (or more if relevant)

The peer review appeal team makes a recommendation to the CPS program administrator, who makes the final decision. The CPS program administrator notifies the foster parent and the peer review appeal team in writing.