Oklahoma Administrative Code
Title 340 - Department of Human Services
Chapter 2 - Administrative Components
Subchapter 5 - Fair Hearings
Part 9 - ADOPTION AND FOSTER CARE
Section 340:2-5-100 - Standard of review and burden of proof
Universal Citation: OK Admin Code 340:2-5-100
Current through Vol. 42, No. 1, September 16, 2024
(a) Standard of review. The administrative hearing officer (AHO) determines whether the Department of Human Services (DHS) action is supported by substantial evidence and not contrary to the applicable law.
(b) Burden of proof. The party who seeks to alter the status quo has the burden of proof.
(1) The burden of proof
is on a resource family to show that adoption assistance or foster care
payments should be granted or increased.
(2) The burden of proof is on DHS to show
that:
(A) a foster care home should be
closed;
(B) a foster child should
not be returned to the foster home after the conclusion of an investigation;
or
(C) there has been an
overpayment of adoption assistance or foster care payments.
Added at 19 Ok Reg 2199, eff 6-27-02
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