| Policy |
When a child, his/her parent, or legal guardian disagrees
with any aspect of the treatment plan or a refusal of services which cannot be resolved
through casework methods or administrative channels, the staff member responsible
for the treatment plan shall advise the aggrieved party of the right to a Treatment Plan
Hearing. Note: The right to a hearing shall not interfere with the
Department’s responsibility to take any action necessary to protect the child in
emergency situations. |
| Examples of Issues |
Examples of issues for a Treatment Plan Hearing include, but
are not limited to, the following:
- placement
- visitation
- lack of, or choice of, therapeutic interventions
- legal actions planned by the Department
Note: Some legal issues which may be pending before the Juvenile Court
may not be appropriate for an Administrative Hearing. |
| Request for a Hearing |
The child, parent or legal guardian, or the respective
attorney may request a hearing by writing a letter to the Commissioner or the
Administrative Hearings Unit specifying the provisions of the treatment plan at issue or
the services refused. |
| Responsibilities of
Administrative Hearings Unit |
The Administrative Hearings Unit shall
- notify the regional office, Superintendent or Program Director that a hearing has been
requested
- request specific information about the case, including the name(s) of
- the staff member(s) familiar with the case
- the person who will represent the Department at the hearing
- natural parents
- assigned Assistant Attorney General
- the attorney/advocate for the child and parent
- expert witnesses
- other interested persons who should participate in the hearing
- contact the parties to clarify issues and, when appropriate, settle the matter
informally without a hearing.
Note: This process is not meant to bargain with the parties or alter
opinion, but to determine if there is a basis for a hearing. |
| Withdrawal of Request |
If the above process results in settlement of the issues
without a hearing, the party who requested the hearing shall complete DCF-800B,
"Letter of Withdrawal or Confirmation of Request for an Administrative Hearing". |
| Denial of Request |
The Administrative Hearings Unit shall deny a hearing when
- court actions to consider the same issues are pending
- the child is under legal jurisdiction of another state through Interstate Compact
Statutes
- the request does not cite specific issues in contention. In such case, the
Administrative Hearings Unit may return the request for clarification of the issues.
Note: A hearing will not be scheduled for routine review of the
treatment plan.
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