7.1 Children’s Division's Fair Hearing Process
NOTE: The Children’s Division shall provide access to a fair and impartial grievance process to address licensure, case management decisions, and delivery of service issues, RSMo 210.566. The fair hearing process is to be used for the following: foster/relative/kinship home license status denial, issuance or revocation; adoptive home approval or denial; foster/adoptive care (FA) license approval, denial or revocation; adoption or legal guardianship subsidy.
Administrative Hold is considered a non-punitive action and is not open for appeal in the fair hearing process.
- To deny a license renewal is to act upon a license already in existence, and is considered a revocation.
- The Children's Service Worker (CSW) will receive in writing, within thirty (30) calendar days of written notice of adverse action (CS-20a), a request for a fair hearing.
- Attempt to resolve the issue with foster/relative/kinship/adoptive or foster/adoptive care (FA) applicant/resource informally.
- Provide the applicant/resource with four copies of the Application for State Hearing (IM-87) within five (5) working days of applicant/resource parents’ request for a fair hearing; assist with completion if applicant/resource desires. If the applicant/resource wishes to cancel his/her request for a hearing, written request for withdrawal is necessary.
- Obtain immediate supervisor's signature on Application for State Hearing (IM-87) indicating agreement with agency position.
- Submit copy of recommendation summary, the Notification of Resource Home Adverse Action (CS-20a) advising applicant/resource of adverse action, and three copies of the Application for State Hearing (IM-87) to the Hearings Unit, within one (1) working day after the date of the hearing request.
- Allow the applicant/resource (or his/her legal counsel or designee) access to foster/adoptive/relative/kinship home or foster/adoptive care (FA) case record, with the Children's Service Worker/Supervisor present.
- Provide one copy of case record materials that directly relate to licensing/approval status upon request.
- Confer with the Division's legal counsel, as necessary, and provide him/her with any information necessary for hearing presentation.
- Appear as a witness at the state hearing and present the basis for recommendation, citing licensing rules and assessment guidelines.
- The hearing officer will submit to the Division Director the proposed decision and order containing all the facts presented at the hearing.
- The Division Director will affirm or reverse the decision and order, or order a rehearing if information is incomplete, and then forward the information to the Hearings Unit.
- The Hearings Unit at the Division of Legal Services will inform the applicant/resource and Children's Service Worker of the decision. The Hearings Unit will furnish the applicant/resource or his/her attorney, if applicant/resource request is within 90 days of Legal Services notification, with proper form of affidavit for appeal to the circuit court of the county in which he/she resides. (Sec. 208.100, RSMo)
- The Children's Service Worker will reverse or modify the case adverse action if the circuit court does not affirm the Division's decision.
- Record the information regarding the case adverse action in the case record.