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Appeals for Foster Care, Kin-GAP and Adoptions
A State Hearing or Appeal is a method where a dissatisfied client may obtain an impartial review of a County action or inaction. The process is mandated by federal law and is administered by the CDSS.
The process is called a State Hearing, Appeal, or Fair Hearing. These terms are interchangeable. In this chapter “Appeal” will be used.
Providers in receipt of FC, Legal Guardian in receipt of Kin-GAP and adoptive parents in receipt of AAP benefits can initiate an appeal when disagreeing with a County action. The Appeal is the responsibility of the FC provider, Kin-GAP guardian and AAP parent.
Appeals are normally the result of a response to a NOA sent to a provider, Legal Guardian or adoptive parent. Appeals must be filed with 90 days of receiving the NOA.
When an Appeal is filed the person (FC provider, Kin-GAP Legal Guardian, or AAP parent) filing the appeal is the claimant and can appoint an Authorized Representative. See Authorized Representative.
Request in Writing
Requests for appeals must be in writing and the request must have sufficient information to identify the general concern. Most FC, Kin-GAP and AAP appeals will be on the back of the NOA. Oral requests can only be accepted by CDSS.
Note: For more information regarding the Appeals process refer to the Common Place Handbook “Appeals”.
There is no right to appeal concerning foster care placements or removal of a foster care child. Additionally, there is no right to a appeal concerning group home rates established by the State of California.
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