| Representing the
Department’s Position |
At any hearing only one position can be taken by the
Department. The Department representative(s) shall be prepared to present that position. |
| Who May Represent the
Department |
The current Social Worker, his/her supervisor and the
regional office administration shall decide who will present the Department’s
position. Department representative(s) may include
- regional office staff and administration
- licensing staff
- other staff, as appropriate.
When there is more than one representative, they and their assigned Assistant Attorney
General shall plan the order and scope of each person's testimony in advance to make the
most logical presentation of facts and avoid repetition. |
| Legal Representation |
Upon request for a hearing, the Department representative, in
consultation with the Attorney General’s Office, shall determine whether or not the
Department will have legal representation. |
| Seeking Advice |
While preparing for a hearing, the Department representative
is encouraged to seek advice from supervisors, colleagues, the assigned Assistant
Attorney(s) General, and the Administrative Hearing Unit staff, other than the assigned
Hearing Officer. |
| Review of Statutes,
Regulations and Policy |
The Department representative shall
- review all statutes, regulations, and policy related to the specific type of hearing
- provide copies of the above to the client, if requested.
|
| Case Record |
The Department representative shall
- have the case record available at the hearing
- be thoroughly familiar with the case in order to testify and answer questions.
|
| Relevant Evidence |
The Department representative(s) shall take reasonable steps
to ensure that witnesses are present and relevant evidence is available at the hearing
including, but not limited to, the following:
- applicable DCF policy
- appropriate sections of the case, clinical, or licensing record
Note: The representative shall ensure that any access to such records
is in accordance with all laws and regulations regarding confidentiality. Questions with
respect to confidentiality laws shall be addressed to the assigned Assistant Attorney
General.
- materials relating to casework or clinical judgment issues
- placement information
- the current treatment plan, for Treatment Plan Hearings and Out-of-State Placement
Hearings
- Summary of Facts, for a Fair Hearing
- special reports
- documents from sources outside of DCF.
(See explanations below). |
| Issues of DCF Policy |
When the issue is one of DCF policy, the Department
representative shall
- have a copy of the policy available at the hearing
- be prepared to explain how specific sections of policy apply to the case.
|
| Issues of Casework or
Clinical Judgment |
When the issue is casework or clinical judgment, the
Department representative
- shall be prepared to present fully and assertively the rationale for the decision
- may present appropriate witnesses, reports or documents to support the Department's
position, including
- firsthand observations
- information from interviews
- statements on application forms
- references
- other related materials.
|
| Issues of Placement |
When placement is an issue, the Department representative
shall
- investigate alternative placements
- document the status of referrals to residential or other programs
- document the suitability of the planned or current placements and programs
- document the reasons for the placement decisions
- be prepared to discuss Department policy on placement issues.
|
| Treatment Plan: When
Required |
In Treatment Plan Hearings and Out-of-State Placement
Hearings, the current treatment plan shall be in the case record and entered into
evidence. Cross-References: 22-7,
"Treatment Plan Hearings"; 22-8 "Out-of-State Placement Hearings". |
| Summary of Facts: When
Required |
In a Fair Hearing or Removal Hearing, a Summary of Facts
shall be prepared in advance and entered into evidence. Cross-Reference:
22-4-5, "Notification to Participants". |
| Special Reports:
Optional |
Preparing special reports for the hearing is optional, but
such information may be useful to the Hearing Officer and attorney, and may save time in
presenting a complicated case. Examples of special reports which the Department
representative may prepare include
- a brief background summary
- a genealogy chart
- a chronological synopsis of significant and pertinent events.
|
| Documents from Outside
DCF |
The Department representative may include documents from
outside the Department to help establish the facts, such as school reports, police
reports, or letters. Note: Distribution and use of any
non-Department documents shall be in accordance with confidentiality laws. |
| Expert Witnesses:
Inside DCF |
Department staff other than the child's Social Worker or the
licensing worker; e.g., physician, psychologist, psychiatrist, Program Supervisor, and
Social Work Supervisor, may be present at the hearing and called upon as expert witnesses
in the areas of psychiatry, Department policy, placement and licensing procedures. The
child’s Social Worker may be called as a witness to substantiate or refute particular
allegations.
When the child is in a DCF mental health facility or program, the primary therapist
must be present. |
| Expert Witnesses:
Outside DCF |
When practical and appropriate, witnesses from outside of the
Department who are experts in areas such as clinical evaluations, treatment programs,
adoption and child care shall be at the hearing to give direct testimony and be
cross-examined on their opinions and recommendations. The Department representative
shall coordinate with the Attorney General's Office when subpoenas are required for
necessary witnesses.
When the presence of witnesses is not practical, their signed and dated reports can be
used as evidence. |
| Transportation for
Child |
When the child must be present at the hearing, the Department
representative shall arrange for the child's transportation. |
