Current through Vol. 42, No. 1, September 16, 2024
(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.
Added at 19 Ok Reg
2199, eff 6-27-02; Amended at 27 Ok Reg 989, eff
6-1-10
