The adoptive parent(s) and legal guardian(s) have the right to appeal any decision of the Children’s Division related to an Adoption or Subsidized Guardianship Agreement through the process of a fair hearing. The family must complete the Application for Fair Hearing, CD-53, to request a fair hearing within 30 calendar days of their written notice by the agency of the adverse action regarding the denied subsidy request. The CD-53 will be included at the mailing of the CD-87.
Upon request, the worker shall complete the form, CD-53. The family does not need to sign the form prior to the request being forwarded on to the Division of Legal Services (DLS) Hearings Unit. Signature must simply be obtained prior to the hearing. The worker must automatically send the family’s request for a fair hearing (CD-53) to the Hearings Unit for their area within one (1) working day of the date of the parent(s)’ or guardian(s)’ request.
If the worker completes the CD-53, be specific as to what the parent’s request is, reading it to the parent or guardian for accuracy before sending it to the DLS Hearings Unit.
When an adoptive family or guardian is unhappy with a decision regarding a subsidy request made by them, the worker is to arrange an administrative review within (10) working days of receipt of the request if one was requested. Participants in the meeting should include the resource provider, Circuit Manager/Designee, appropriate Regional Director/Designee and Supervisor. If the negotiations resolve the issues, inform the Hearing Unit of any resolutions. DLS Hearing Unit will require the county office to obtain a signed Withdrawal of Request for Hearing, CD-54, from the household before the matter can be withdrawn.
When a hearing is scheduled, send a Hearing packet that includes supporting documents prior to the hearing to the DLS Hearing Unit. These documents could include, but are not limited to denial letter the subsidy Agreement and previous amendments, previous decisions policy that supports the Children’s Division decision, changes in via memos that support the decision, and a list of services the adoptive family or guardian has been approved for in the past.
All hearing requests shall be referred to the Division of Legal Services, Litigation Unit, for representation.
The Children’s Division will not pay for the parent(s)/guardian(s) attorney fees at this stage of the appeal and proceedings.
Related Practice Alerts and Memos:
7-1-19 – CD19-52 – FY20 Rate Increases
12-4-19 – PA19-AD-06 – Transitional Living Placements and Subsidy Agreements
1-10-20 – PA20-AD-01 – Legal Fees for AD and LG Subsidies
10-29-2020 – PA20-AD-06 – Child Summary
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