Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 479 - CHILD WELFARE PAYMENTS
Chapter 8 - ADOPTION ASSISTANCE PROGRAM
Section 479-8-011 - RIGHT TO APPEAL
Current through September 17, 2024
An adoptive family has the right to request a fair hearing as allowed by law, including, but not limited to, when:
(1) The Adoptive Parent disagrees with the determination by the Department that a child is ineligible for adoption assistance;
(2) The Adoptive Parent disagrees with the adoption assistance payment determined by the Department;
(3) The Adoptive Parent disagrees with the determination by the Department that a child is not IV-E eligible;
(4) The Adoptive Parent was denied adoption assistance based on a means test of the Adoptive Parents' income;
(5) The Department reduces or terminates the Adoption Assistance Agreement;
(6) Facts about the child's special needs were not presented to the Adoptive Parents prior to finalization of the adoption;
(7) The Adoptive Parents were not informed they could apply for an Adoption Assistance Agreement when the child was in the Department's custody;
(8) The Department denied the Adoptive Parents' request for an increase in adoption assistance payment due to a change in the Adoptive Parents' circumstances; or
(9) The Department has denied payment for treatment services under the provisions of a retroactive adoption assistance agreement.
011.01 APPEAL TIME FRAME. The appeal must be filed in writing within 90 days of when the action or inaction of the Department is known or should've been known by the Adoptive Parent(s). No change in coverage will occur while the appeal is pending.
