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Policy Manual
ADMINISTRATIVE HEARINGS
Fair Hearings

22-4-2
Introduction

Policy The Administrative Hearings Unit shall conduct Fair Hearings in accordance with CONN. GEN. STAT. §17a-90 and §46b-129(f).
Definition A benefit is a cash benefit to the client, parent, guardian, or caretaker; or a vendor payment to a service provider on behalf of the client.
Who May Request a Fair Hearing A parent, guardian, other caretaker, or client age sixteen (16) years or older may request a Fair Hearing when that person is aggrieved by the Department's denial, suspension, reduction or discontinuance of a cash benefit or a vendor payment on behalf of the client.
When to Request a Fair Hearing Fair Hearings apply to the following circumstances:
  • Department initiated actions to deny, suspend, reduce, or discontinue benefits to the client who
    • is receiving services from the Division of Children's Protective and Family Services, and
    • is in out-of-home placement; e.g., foster care, independent living
  • denial, suspension, reduction or discontinuance of special rate foster care payments
  • denial of client initiated requests for placement and other benefits on behalf of children not committed to DCF, as follows:
    • under the Non-Committed Treatment Program (NCTP)
    • under the Protective Service Program
    • to unwed mothers
  • denial of requests for payment of special needs such as, but not limited to, clothing and transportation.
Withdrawal of Request The client shall complete a Letter of Withdrawal of Request for Administrative Hearing (DCF-800B), to indicate withdrawal of an Administrative Hearing request.
Hearings on Medical Benefits The Department of Social Services (DSS) is responsible for determining eligibility and making payment for medical and dental services provided to DCF children included in the medical program administered by DSS.

Therefore, DSS is responsible for hearings related to medical and dental services.
Confidentiality of Case Records The legal basis for making records available at Fair Hearings is CONN. GEN. STAT. §17a-28, Confidentiality of and Access to (DCF) Records, as follows:
  • The client, parent or non-attorney representative has limited access to the client's record.
    • Prior to the hearing, the regional office will provide the above parties access to the client's record upon request, unless DCF staff determine it is contrary to their interests to personally review any portion of the record. DCF staff may seek administrative advice in deciding to restrict access to the record.
    • At the hearing, the complete record is introduced as evidence, but the hearing officer shall rule upon what information can be shared with the client, parent, or non-attorney representative.
  • The attorney for the parent or client has the right of access to all records pertaining to the client and may review the record prior to or during the hearing.
  • The foster parent or other caretaker and their respective attorney may review only that portion of the client's record that relates directly to the issue before the hearing.

Connecticut Department of Children and Families Effective Date: November 15, 1994 (Revised)