30.10.1   Appeals

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county office to obtain a signed Withdrawal of Request for Hearing , CD-54, from the household before the matter can be withdrawn.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 Subject:  Section 6, Chapter 7.1, Children’s Services Fair Hearing Process

30.10.2  Deceased Adoptive Parent(s) or Guardian(s)

Eligibility for adoption or legal guardianship subsidy payments ceases with the death of both adoptive (s) or guardian(s), or in the case of a single parent adoption or guardianship, with the death of that adoptive parent or guardian. If resources from the parent(s)’ or guardian(s)’ estate or survivors benefits, such as insurance or OASDI, are insufficient to provide for the child, application could be made for Temporary Assistance for Needy Families (TANF) or Supplemental Security Income (SSI). Should the child have a subsequent adoption/guardianship, they may be eligible for subsidy in their new placement, if the placement was an eligible placement for subsidy.

Upon the death of one adoptive parent a contract is to be completed for the surviving parent. Upon the death of one guardian a new contract may only be completed if the surviving guardian is a qualified relative.

When it is determined that a single guardian is deceased, the Children's Division should close the guardianship contract and ensure the safety of the child. Alternate placement with another relative should be sought or a referral made to the juvenile court for placement in Children's Division custody after consultation with supervisory staff; and if possible, a Family Support team meeting. If a subsequent guardianship is awarded to a qualified relative, a subsidy contract may be negotiated with that relative on behalf of the eligible child.

30.10.3  Divorcing Adoptive Parents or Guardians

When adoptive parents or guardians enter into a legal separation or divorce situation, it often becomes necessary to take one of the parents/guardians off the subsidy contract. Encourage the parent/guardian to address the subsidy directly with their attorney so that the court can perhaps order one parent/guardian to receive the subsidy. The Division does not have the authority to remove one parent/guardian from the contract without supporting documentation and a court order. In order to do this, one of the following must occur:

1. There must be an order from the court, assigning one of the parents/guardians physical custody of the child covered under subsidy. This order could be a full child order of protection or a custody order; or
   1. If the order is a full child order of protection, the worker may take the non-caretaking parent’s/guardian’s name off the Vendor Licensure/Placement Resource Form, SS-60 once a copy of that order is received so that the subsidy payment will be made to the parent/guardian caring for the child. A full child order of protection is valid for up to 180 days. Therefore, the caretaking parent/guardian should provide the agency with a custody order within six months, or an extended child order of protection in order to continue the subsidy in this way.
   2. The parent/guardian caring for the child will be expected to obtain a custody order, in order to take the non-caretaking parent/guardian off the subsidy contract.
   3. Once the custody order is received, a new Agreement or contract and attachment are to be completed with only the custodial parent/guardian included.
2. The adoptive parent or guardian who is not caring for the child agrees to be taken off the subsidy contract; or
   1. The parent or guardian caring for the child must provide a written request to the Division, requesting that the non-caretaking parent or guardian be removed from the subsidy contract.
   2. The non-caretaking parent or guardian must provide a notarized statement regarding their agreement to this action, to be placed in the file.
3. If the parent/guardian receiving the subsidy payment is not financially supporting the subsidized child with the subsidy, specific documentation of this must be utilized to close the subsidy due to the lack of financial support and a new subsidy Agreement may be opened under the parent/guardian who is caring for the child. If this action is taken, the following steps must occur:
   1. Write the adoptive parent(s) or guardian(s) a letter stating that the subsidy will be closed within 30 days due to the lack of financial support of the child. Document the evidence on which this decision has been based.
   2. Wait 30 days for a response. The parent/guardianwho has been receiving the subsidy may decide to begin forwarding financial support to the care-taking parent/guardian. If so, document this information in the case dictation. If after 30 days, the care-taking parent/guardian reports continued lack of financial support from the parent/guardian who has been receiving the subsidy payment, proceed to step 3.c.
   3. Close the old Vendor Licensure/Placement Resource Form SS-60 and the old subsidy contract.
   4. Open a new SS-60 in the name of the parent/guardian caring for the child.
   5. Complete new subsidy paperwork, including a new Adoption Subsidy Agreement, CD AD, or Subsidized Guardianship Agreement, CD SG, with the parent/guardian caring for the child.
   6. Update the Alternative Care Client screen, SS-61 in FACES to reflect the new vender number.

If both parent(s)/guardian(s) continue to disagree on the subsidy, it is not the responsibility of the Division staff to make any decisions or take any actions without a court order. Division staff are to encourage the parent(s) or guardian(s) to work with their attorneys with regard to this matter.

In the event that a divorce occurs with a guardianship couple, the guardianship subsidy may only remain in effect with the qualified relative retaining physical custody.