| Policy |
A licensed or certified out of home care
provider may request a removal hearing if the child:
· has been in continuous placement with the out of home care provider
for one (1) year or more
or
· has been in non-continuous placement with the out of home care
provider for a total of two (2) or more years of actual placement.
|
| Time Frame for Request |
The out of home care provider who
disagrees with the department's decision to remove a child from the provider must request
a removal hearing within ten (10) days of receiving the written notice of the removal. |
| Stay of Action Pending the Hearing Decision |
Upon notification that the out of home
care provider has requested a removal hearing, the social worker shall suspend plans to
remove the child from the out of home care provider pending the outcome of the removal
hearing, unless there has been a determination that an emergency exists or is suspected,
which requires immediate removal of the child. |
| Referral for Technical Assistance |
If the out of home care provider decides
to request a removal hearing, the social worker shall refer the provider to the manager of
the hearings unit for technical assistance. However, nothing in this section shall require
the Department to provide legal assistance to the provider.
The hearing officer assigned to the hearing shall not provide technical
assistance on the hearing. |
| Request by Child’s Attorney or
Guardian ad Litem |
If the child's attorney or the child's
guardian ad litem disagrees with the department's decision to remove the child from the
out of home care provider, he may request a treatment plan hearing.
If a treatment plan hearing is requested by the child's attorney or the
child's guardian ad litem within ten (10) days of receiving the written notice of the
removal, the child shall remain with the out of home care provider pending the outcome of
the treatment plan hearing, unless there has been a determination that an emergency
situation exists or is suspected, which requires immediate removal of the child. |
| Consolidation of Hearings |
If the out of home care provider has
requested and is eligible for a removal hearing and the child's attorney or the child's
guardian ad litem has requested a treatment plan hearing, then the two hearings shall be
consolidated. |
| Denial of a Request for a Hearing |
A request for a removal hearing shall be
denied by the department when
· the child is being removed from an out of home care provider for the
purpose of
- placement with a prospective adoptive family
- being placed with the parent(s) or legal guardian
- other placement identified in the permanency plan approved by the court
· the child is not in the custody of the department pursuant to any
court order
or
· the request for a hearing is made more than ten (10) days after the
out of home care provider received the written notice of removal.
A removal hearing may be denied by the department when court
proceedings are in progress which may result in a change in the child's placement. |
| Hearing Deferred Pending Licensing Action |
A removal hearing shall be deferred,
pending a license action, when a child has been, or is being removed from the out
of home care provider based on an alleged violation of the Department’s licensing
regulations.
The removal hearing shall be reinstated, provided the licensee
maintains his license, following full and final resolution of all licensure actions
pending against the licensee, including summary suspension and revocation actions. The
child shall remain with the out of home care provider pending the outcome of all licensing
and removal hearing action except in the case of an emergency removal. |
