Statutes, codes, and regulations
District Of Columbia Administrative Code
Title 29 - PUBLIC WELFARE
Chapter 29-59 - FAIR HEARING PROCEDURES FOR THE CHILD AND FAMILY SERVICES AGENCY
Rule 29-5901 - RIGHT TO FAIR HEARING

D.C. Mun. Regs. tit. 29, r. 29-5901

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Current through Register Vol. 71, No. 49, December 6, 2024
Rule 29-5901 - RIGHT TO FAIR HEARING
5901.1

Except as provided in § 5901.2 below, CFSA shall grant a fair hearing to:

(a) An applicant for, or recipient of, an adoption subsidy under D.C. Official Code § 4-301 who appeals from a decision by CFSA to deny, reduce, or terminate the subsidy.
(b) An applicant for, or recipient of, a permanent guardianship subsidy under D.C. Official Code § 4-302 who appeals from a decision by CFSA to deny, reduce, or terminate the subsidy.
(c) Except as provided by § 5901.3, a person identified in the Child Protection Register who appeals from a finding by CFSA of abuse or neglect.
(d) An applicant for a foster home license or a licensed foster parent who appeals from a decision to deny, modify, suspend, convert, revoke or take another action concerning the application or license.
(e) An applicant for a license to operate a youth residential facility or independent living program, or a person who is licensed to operate a youth residential facility or independent living program who appeals from a decision to deny, modify, suspend, convert, revoke or take another action concerning the application or license.
(f) A foster parent, where the foster child has been removed from the home.
5901.2

If a fair hearing is requested pursuant to § 5901.1(c) and a neglect or criminal case based on the abuse or neglect is pending before the court, CFSA may not act on the request for fair hearing until the conclusion of the fact-finding hearing or criminal trial.

5901.3
(a) If, at the completion of the fact-finding hearing or criminal trial described in § 5901.2,
(1) the court determines that the person committed the abuse or neglect, CFSA shall deny the request for fair hearing.
(2) the court determines that the person did not commit the abuse or neglect, CFSA shall grant the request for fair hearing.
(b) The date that CFSA hearing coordinator is notified of the court decision shall be considered to be the filing date of the request for a fair hearing.
5901.4

Any issue decided by a court may not be relitigated in a fair hearing or an expedited preliminary review hearing.

D.C. Mun. Regs. tit. 29, r. 29-5901

Emergency published at 47 DCR 6035 (July 28, 2000) [EXPIRED]; as amended by Emergency published at 48 DCR 10067 (November 2, 2001) [EXPIRED]; as amended by Final Rulemaking published at 49 DCR 2440 (March 15, 2002)