The primary purpose of the fair hearing is to safeguard the rights of resource parents and provide recourse to address infractions of individual rights and interests. A fair hearing may be granted to the resource parent when DHS:
- Denies the resource parent’s claim for foster care reimbursement
- Pays foster care reimbursement to the resource parent in a sum lower than the amount claimed
- Does not pay foster care reimbursement to the resource parent in a timely manner
- Closes the resource parent’s home as indicated on the Notice of Closure to DHS Foster Parents
- Does not return a child in DHS custody removed from the resource parent’s home due to a child abuse or neglect investigation as indicated on the Notice of Decision Not to Return Child After Investigation
When a resource home is closed, written notification explaining the reasons for the closure is hand-delivered or mailed to the resource parent. Should resource parents have questions concerning the closure of their home, they may discuss them with the Resource Specialist or supervisor.
If resource parents believe that the action is not consistent with DHS rules, they may appeal by completing the form, Resource Family Request for a Fair Hearing, within 30 days of the date of notice of closure. DHS staff will assist resource parents in completing the Fair Hearing Request if needed.
An administrative law judge will preside over the hearing. Resource parents may present written information. Hearing decisions may be appealed to the DHS Director and ultimately may be challenged in a civil court.
Continue to Written Plan of Compliance