Withdrawals and Decisions

Withdrawals

There are two type of Withdrawals of an Appeal.

  • A straight or unconditional withdrawal, which is generally referred to simply as a withdrawal (no action is required); and
  • A conditional withdrawal which are withdrawals that accompany an agreement signed by the Appeals Officer and the claimant.

Conditional Withdrawals

The Appeals Officer will submit the “Withdrawal-Conditional Withdrawal of Request For Hearing (DFA 315) and the “Compliance Response to Conditional Withdrawal” (SCD 2293) to FCE. Only Appeals staff can sign the DFA 315. Foster Care Staff must take the required action on the DFA 315 and return the SCD 2293 to the Appeals Officer.

Conditional withdrawals must be acted upon appropriately within 30 days of the date of the signing of the conditional withdrawal. The conditional withdraw is an agreement and a commitment to take the required actions. Dishonored agreements will result in a reopening of the hearing and damage to the credibility of the SSA. If situations arise where compliance is impossible the FC EW must immediately contact with the FC EW Supervisor, the Appeals Officer and the Appeals Supervisor and explain the issue.

 

Note: For more information regarding withdrawal see the Common Place Handbook “Withdrawals”.

Decisions

For any appeal which is ultimately heard by the Administrative Law Judge, a written decision will be issued and adopted by either the CDSS or the State DHCS.

The written decision will contain:

  • A summary of the hearing,
  • The evidence presented by both sides,
  • Applicable regulations,
  • A conclusion and,
  • An Order.

The decision will indicate the action to be taken as follows:

  • If the County's position is upheld, THEN in its entirety, the claim will be denied.
  • If the claimant's position is upheld in whole or in part, then the claim will be granted. The claim may be granted in its entirety or may be granted in part.

A copy of the “Report of Compliance With Adopted Fair Hearing Decision” (SCD 1562) along with the Decision is forwarded to FCE. The assigned FC EW must return the SCD 1562 to the Appeals Officer. SSA is required to comply with the Decision Order within 30 days of receipt.

Related Topics

Appeals for Foster Care, Kin-GAP and Adoptions