340:75-1-12.6. Fair hearings
(a) 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. An administrative fair hearing may be granted to the:
- (1) foster parent when Oklahoma Department of Human Services (OKDHS):
- (A) denies the foster parent's claim for foster care maintenance payment;
- (B) pays foster care maintenance payment to the foster parent in a sum lower than the amount claimed;
- (C) does not pay foster care maintenance payment to the foster parent in a timely manner;
- (D) closes the foster parent's home as indicated on Form 04FC008E, Notice of Closure to OKDHS Foster Parents, unless the court has ordered children removed from the foster home or has upheld an OKDHS decision removing children from the foster home following a hearing;
- (E) does not return a child in OKDHS custody removed from the foster parent’s home due to a child abuse or neglect investigation and:
- (i) the foster parent was not provided notice of the foster parent's right to be heard during proceedings before the court; or
- (ii) the foster parent 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
- (F) notifies the foster parent of an overpayment the foster parent disputes; or
- (2) adoptive parent when OKDHS:
- (A) denies the adoptive parent's application for an adoption assistance payment as indicated on Form 04AN011E, Request for Review of Denial;
- (B) approves the adoptive parent's application for an adoption assistance payment in an amount less than requested; or
- (C) delays or denies an authorized adoptive placement out-of-state with the adoptive parent, per OAC 340:75-15-47; or
- (D) notifies the adoptive parent of an overpayment the adoptive parent disputes; or
- (3) kinship guardian when OKDHS:
- (A) denies a kinship guardianship assistance payment as indicated on Form 04AN011E, Request for Review of Denial;
- (B) approves the kinship guardianship payment in an amount less than requested; or
- (C) delays or denies an authorized kinship guardian placement out-of-state with the kinship guardian; or
- (D) notifies the kinship guardian of an overpayment the kinship guardian disputes.
(b) Fair hearing requests regarding:
- (1) adverse decisions on adoption assistance payments are filed within 30 days of the date of the written notice of the adverse action per OAC 340:75-15-128; or
- (2) closures of approved OKDHS foster homes are processed per OAC 340:75-7-94 and OAC 340:2-5-94.
(c) The appellant is given access, prior to the date of the hearing, to any information to be used in the hearing. Any information acquired after the notice of the adverse decision and after the request for the fair hearing may be used in the hearing process provided the appellant is notified of this information and of the intent to use it. Such information is made available to the appellant ten days prior to the hearing date.
(d) Rulings and issues resulting from findings made by the court are not appealable in the fair hearing process.
(e) Findings made pursuant to a Child Protective Services (CPS) appeal process are not subject to review in the fair hearing process. • 1
1.(a) Fair Hearing.Efforts are made at the local level to resolve matters that may evolve into requests for fair hearings.The Child Welfare (CW) worker and immediate supervisor meet informally with the foster or adoptive parents to clarify the basis for the decision that prompted them to inquire about a fair hearing.
(1) Hearing summary.Information gathered for the fair hearing is provided to the OKDHS Legal Division Appeals Unit in accordance with Form 13MP002E, Hearing Summary. The Child Welfare (CW) worker summarizes the relevant information on Form 13MP002E, from the CW case record, including information from Form 04KI003E, Report to District Attorney.
(2) Report to District Attorney.Form 04KI003E, Report to District Attorney, is not used in the fair hearing unless the administrative hearing officer (AHO) presiding over the fair hearing authorizes disclosure based on compelling reasons and pursuant to 10A O.S. 1-6-102 that requires a petition or motion be filed with the court describing with specificity the confidential records being sought and setting forth in detail the compelling reason why the inspection, release, or disclosure of confidential records should be ordered by the court.If Form 04KI003E is ordered disclosed, the CW worker redacts the name of the reporting party prior to giving it to the AHO for in camera review.