Code of Massachusetts Regulations
110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES
Title 110 CMR 10.00 - Fair Hearing And Grievances
Section 10.09 - Continuation of Service or Placement Pending Appeal

Universal Citation: 110 MA Code of Regs 110.10

Current through Register 1531, September 27, 2024

(1) The filing of a request for a Fair Hearing shall not stay or otherwise affect the implementation of the challenged decision, except as provided in 110 CMR 10.09.

(2) The filing of a request for a Fair Hearing regarding a decision to deny services or to reduce the quantity of services shall stay the effect of the challenged decision until after the final decision of the agency is made pursuant to 110 CMR 10.00, provided further that the Appellant continues to pay the pre-established fee, if any for the services in question.

(3) The filing of a request for a Fair Hearing regarding a decision to remove a child from a foster or pre-adoptive placement shall stay the effect of the challenged decision until after the final decision of the agency is made pursuant to 110 CMR 10.00. A decision to remove a child from a foster or pre-adoptive placement on an immediate basis because the Director of Areas or Regional Director has determined that the child's physical, mental, or emotional well-being would be endangered by leaving the child in the foster home, as provided by 110 CMR 7.116: Removal of Children from Foster/Pre-adoptive Homes, shall not be stayed by the filing of a request for a Fair Hearing regarding that decision.

(4) The filing of a request for a Fair Hearing regarding a decision to close a recipient's Department case shall stay the closure until after the final decision of the agency is made pursuant to 110 CMR.

(5) The filing of a request for a Fair Hearing regarding a decision to suspend, reduce or terminate an adoption or guardianship subsidy shall stay the suspension, reduction or termination of the adoption or guardianship subsidy until the final decision of the agency is made pursuant to 110 CMR unless the reason for the termination of the subsidy is because the child reached 18 years of age and no request for an extension of subsidy had been received by the Department before the 18th birthday, or the Young Adult reached 21 years of age and qualifies for a Title IV-E subsidy or 22 years of age and qualifies for a state subsidy.

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