Okla. Admin. Code § 340:2-5-91

Current through Vol. 42, No. 7, December 16, 2024

Section 340:2-5-91 - Fair hearings conducted by the Appeals Unit

(a)Purpose. The primary purpose of the fair hearing is to safeguard the rights of clients and provide recourse to address infractions of individual rights and interests. Administrative fair hearing may be granted to foster parents, adoptive parents, or kinship guardians.

(b)Foster parents. An administrative hearing is granted to foster parents when Oklahoma Department of Human Services (OKDHS):

(1) denies the foster parent's claim for foster care maintenance payments;

(2) pays foster care maintenance payments in an amount lower than the amount claimed;

(3) does not pay the foster care maintenance payments to the foster parent in a timely manner;

(4) closes the foster home unless the court ordered the child removed from the foster home or upheld a decision removing the child from the foster home;

(5) does not return a child in OKDHS custody removed from the foster home due to a child abuse or neglect investigation, and the foster parent:

(A) was not provided notice of the foster parent's right to be heard during proceedings before the court; or

(B) received the notice, attempted to have the court hear the question but was denied a right to be heard by the court regarding the decision not to return the child during a hearing, and the court never heard the question about whether the child should be returned; or

(6) notifies the foster parent of an overpayment the foster parent disputes.

(c)Adoptive parents. An administrative hearing is granted to adoptive parents when OKDHS:

(1) denies the adoptive parent's application for adoption assistance;

(2) approves the adoptive parent's application for adoption assistance in an amount less than requested;

(3) modifies or terminates adoption assistance without the concurrence of the adoptive parents;

(4) delays or denies an authorized adoptive placement with an out-of-state family; or

(5) notifies the adoptive parent of an overpayment the adoptive parent disputes.

(d)Kinship guardians. An administrative fair hearing may be granted to kinship guardians when OKDHS:

(1) denies a kinship guardianship assistance payment as indicated on Form 04AN011E, Request for Review of Denial;

(2) approves the kinship guardianship payment in an amount less than requested;

(3) delays or denies an authorized kinship guardian placement out-of-state with the kinship guardian; or

(4) notifies the kinship guardian of an overpayment the kinship guardian disputes.

Okla. Admin. Code § 340:2-5-91

Added at 19 Ok Reg 2199, eff 6-27-02; Amended at 27 Ok Reg 989, eff 6-1-10