Department for Community Based Services

Standards of Practice Online Manual

30.1 Service Appeals

Cabinet for Health and Family Services

Department for Community Based Services
Division of Protection and Permanency
Standards of Practice Online Manual
Chapter:
Chapter 30-Quality Assurance and Organizational Integrity
Effective:
12/3/2010
Section:
30.1 Service Appeals
Version:
1

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Legal Authority/Introduction

LEGAL AUTHORITY:

Procedure 

The SSW:

  1. Hand delivers or mail a DPP-154A Notice of Intended Action form at least ten (10) days prior to the denial, reduction, modification, suspension or termination of a service;
  2. Provides a copy of the DPP-154 Protection and Permanency Service Appeal form to an individual:
    1. At each case planning conference;
    2. Upon application for approval as a certified family child care home provider;
    3. Upon denial, reduction, modification, suspension or termination by Cabinet of:
      1. Child welfare services provided by the Cabinet;
      2. A general adult or protective service, if notification does not present a risk of harm to the victim;
      3. Adoption assistance;
      4. Other federally funded program benefit described in Title 922 KAR; or
      5. Upon determination that a student is not eligible for tuition waiver or education and training voucher;
  3. Documents on the case plan that a DPP-154 was given to the family or caregiver, as appropriate, at the time the case plan was initiated;
  4. Mails a copy of the case plan, DPP-154 and other relevant documents by the following means, if the parent or caregiver did not attend the initial case planning meeting: 
    1. Restricted mail; or
    2. Certified restricted mail when necessary/appropriate;
  5. Documents on the case plan, whether the DPP-154 is given directly to the family or sent by mail;
  6. Informs the parents, in out of home care (OOHC) cases, of their right to request another conference to revise the case plan within ten (10) days of receipt of the case plan; 1
  7. Consults with the FSOS or designee prior to distributing the DPP-154 if the safety of the child is an issue in making changes in services;
  8. Attends the administrative hearing, if the family does request a hearing and if requested by a representative of Office of Legal Services (OLS) (the FSOS or other staff named in the complaint also attend if requested by OLS).

Practice Guidance

Service appeals are eligible for an administrative hearing only in the following circumstances:

  • A parent may request a review through an administrative hearing:
    • Upon denial, reduction, modification, suspension or termination of child welfare services provided by the Cabinet;
    • Upon closure of a child protective services case in accordance with 922 KAR 1:330 and 922 KAR 1:430;
    • Failure by the Cabinet to do the following:
      • Respond with reasonable promptness to a request for child welfare service provided by the Cabinet;
      • Complete a case plan;
      • Provide or refer for services as specified in the case plan; or
      • Meet the mandated timeframes for child protective services specified in 922 KAR 1:330.
  • A resource home parent may request a review through an administrative hearing if the Cabinet:
    • Fails to process reimbursement to a resource home with reasonable promptness;
    • Fails to provide information required by KRS 605.090;
    • Fails to advise an adoptive parent of availability of adoption assistance in accordance with 42 U.S.C. 673 and 922 KAR 1:050;
    • Fails to provide an adoptive parent, except as otherwise noted by law, with known facts regarding the:
      • Child;
      • Child’s background prior to finalization to adoption; and
      • Child’s biological family;
    • Determines the ineligibility for adoption assistance upon execution of an adoptive placement agreement under 922 KAR 1:050;
    • Denies a request for a change in payment level due to a change in an adoptive parent or child’s circumstances at the time of renewal of an adoption assistance agreement under 922 KAR 1:050;
    • Closes a resource home under 922 KAR 1:350, family preparation, except as noted;
    • Denies or delays placing a child for adoption with a family outside the jurisdiction of Kentucky.
  • A kinship caregiver may request an administrative hearing if the:
    • Cabinet denies supportive services to facilitate the child’s placement with the kinship caregiver;
    • Cabinet denies a request for start-up costs to facilitate the child’s adjustment to the new environment with the kinship caregiver;
    • Kinship caregiver is dissatisfied with an action or inaction on part of the Cabinet relating to financial assistance under the kinship care program.
  • An applicant may request an administrative hearing if the Cabinet determines the following:
    • The applicant is ineligible for a tuition waiver; or
    • The applicant is ineligible for an educational and training voucher.
  • An adult may request an administrative hearing if the Cabinet:
    • Denies a general adult service or protective service to an adult identified as a victim of abuse, neglect or exploitation; or
    • Fails to respond within reasonable promptness to a request for general adult or protective adult services.
  • An applicant for child care certification or a certified family child care home provider may request an administrative hearing if the Cabinet:
    • Denies certification;
    • Imposes an intermediate sanction;
    • Suspends certification for a non-emergency situation; or
    • Revokes certification.
  • An applicant for child care assistance or the parent of a child receiving assistance may request an appeal for the denial, reduction, suspension or termination of benefits under 922 KAR 2:160.
  • An applicant for childcare certification or a certified family child care provider may request an appeal for denial or termination of the registration of a child care provider’s registration.
  • An individual aggrieved by an action of the Cabinet may request review of the following through an administrative hearing if:
    • The Cabinet denies, reduces, suspends or terminates services or federal funded benefits, payments or financial assistance to which an individual may be entitled under 922 KAR Chapters one (1) through six (6);
    • The Cabinet fails to act with reasonable promptness to a request for a federally funded benefit, payment or financial assistance to which an individual may be entitled under 922 KAR Chapters one (1) through six (6); or
    • Any other matter by which state law or 922 KAR Chapters one (1) though six (6) expressly permit the appeal of a Cabinet action or alleged act.
  • An individual found by the Cabinet to have abused or neglected a child may appeal the Cabinet’s finding through an administrative hearing in according with 922 KAR 1:480, as further specified in SOP 30.2 CAPTA Appeals.
 

Footnotes

  1. Once the KIM-78KC is completed, any matter regarding appeal of ongoing financial assistance would be appealed through Division of Family Support.

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