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8430 Fair Hearings

8431 Notifying Families of Their Rights

CPS November 2006

Adoptive families who have had Post Adoption Services denied, delayed, or reduced must be notified by the contractor of their right to a fair hearing.

The family must request the hearing either orally or in writing within 90 days after the effective date of the denial, delay, or reduction.

8432 Resolving Disagreements with Contractors

CPS November 2006

If a contractor and family disagree about a decision related to post-adoption services:

  •  CPS encourages the contractor to resolve the issue by discussing it informally with the family; however, CPS may not require the contractor to do so.

  •  If a family remains dissatisfied with the decision after talking with the contractor, CPS encourages the contractor to set a formal meeting with the family.

  •  If the contractor is the direct service provider, CPS should facilitate the meeting. The contractor is responsible for documenting and disseminating agreements reached during the meeting.

8433 Requesting a Hearing

CPS November 2006

Written Requests

Within five days of receiving a family's written request for a fair hearing, CPS forwards the request to the coordinator for post adoption services.

Verbal Requests

If CPS receives a verbal request for a fair hearing, the worker asks the family to make the request in writing and mail it to the contractor handling the post adoption services.

Duties of the Post Adoption Services Contractor

If the parents request a fair hearing, the post adoption services contractor must:

  •  Complete and submit the following documents to DFPS Legal Services State Office, Mail Code E-611, within five days of receiving the parents' request:

  •  Form 4800 Petition for Hearing;

  •  A brief summary of:

  •  the points at issue and the specific actions taken to date, (include the dates of the actions),

  •  pertinent sections of the Child Protective Services Handbook, and

  •  any other relevant information; and

  •  Supply relevant materials that the parents request to help them prepare for the hearing and document this action in the case record.

8434 During and After the Fair Hearing

CPS November 2006

The Hearing

After receiving Form 4800, the hearing officer arranges and conducts a fair hearing under the rules for fair hearings. See 40 Texas Administrative Code, Chapter 730, Legal Services, Subchapters L-N.

The Decision

The hearing officer's decision constitutes DFPS's final action in the matter.

The contract manager and the contractor must implement, or begin implementing, the hearing officer's decision within 10 days after receiving the hearing officer's decision.

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