{"id":25150,"date":"2018-09-24T09:31:46","date_gmt":"2018-09-24T16:31:46","guid":{"rendered":"http:\/\/144.208.67.168\/~advokids\/?page_id=25150"},"modified":"2021-01-26T18:04:17","modified_gmt":"2021-01-27T02:04:17","slug":"requesting-state-hearing","status":"publish","type":"page","link":"https:\/\/adevine.io\/advokids-backup\/requesting-state-hearing\/","title":{"rendered":"Requesting A State Hearing"},"content":{"rendered":"
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Requesting a State Hearing<\/h2>\n

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\"\"<\/p>\n

How to Appeal an Adverse Action regarding your Resource Family Approval<\/h4>\n

If the county has taken an adverse action against your resource family approval (by either denying your application, refusing to grant a criminal record exemption, rescinded your RFA, or another action), you have the right to appeal that adverse action by requesting an administrative fair hearing with the California Department of Social Services (CDSS).<\/p>\n

The county child welfare agency<\/p>\n

must<\/span> provide you with a written document (known as a Notice of Action \u2013 see example form<\/a>\u00a0 informing you of the county\u2019s action or intended action. If you disagree with the reasoning on the Notice of Action, or you have been unable to obtain a written notice of denial, you have the right to appeal and can do so by requesting an administrative fair hearing.\u00a0 There should be instructions on your Notice of Action on the process of requesting an appeal (and an office in your county) to send that request to.<\/p>\n

Depending on the reasons for denial (listed on your Notice of Action), your appeal will either be under the jurisdiction of the State Hearings Division (SHD) or the Office of Administrative Hearings (OAH).<\/p>\n

Even though you have the right to request an appeal of your county's adverse RFA action directly to the state or county office, at this time, we suggest you follow the instructions on your Notice of Action and make your request through the county.<\/p>\n

 <\/p>\n

Right to Appeal an Adverse County Action Regarding RFA (legal authority)<\/h4>\n

Section 12-01(c) of the CDSS RFA Written Directives Version 7 (effective 1-13-21)<\/a> states that \"A Resource Parent, applicant, or individual who has received notice of a denial or rescission of approval, notice of a criminal record exemption denial or rescission, or notice of an exclusion, is accorded the right to a state hearing and other due process rights as set forth in this article and in Welfare and Institutions Code section 16519.5 et seq.\"<\/p>\n

CDSS Regulation 22-003.1<\/a> provides the right to a state hearing to any claimant dissatisfied with a county action or inaction on a county-administered state aid program, including the resource family approval process.<\/p>\n<\/div>\n\t<\/div>\n<\/div>\n\t<\/div>\n<\/div>\n\t<\/div>\n\n

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File a Timely Request for State Hearing<\/strong><\/h4>\n

If you choose to appeal the county\u2019s action on your RFA, you have 90 calendar days<\/span><\/strong> from the date the Notice of Action was served if you are appealing from a denial of an RFA application or denial of a criminal record exemption.<\/p>\n

If the Notice was served by mail, the time to appeal shall be extended five days.<\/p>\n

Please refer to Sections 12-09 through 12-21 of the CDSS RFA Written Directives Version 7 (effective 1-13-21)<\/a>\u00a0to confirm the timelines to file your appeal.<\/span><\/p>\n

If you are beyond the above stated timeframes to request a state hearing, you can still try to request one by showing \u201cgood cause\u201d as to why you failed to file your request within the requisite time period.\u00a0\u00a0See CDSS Regulation 22-009.<\/a><\/p>\n

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How to File a Request for State Hearing (and how to make an expedited request)<\/strong><\/h4>\n

Advokids' hotline staff has received a number of calls informing us that the CDSS State Hearings Division is experiencing a backlog of RFA related appeals.\u00a0 We are uncertain whether the Office of Administrative Hearings is experiencing a similar backlog.<\/p>\n

When making your request for a state hearing (and your appeal is under the jurisdiction of the State Hearings Division as opposed to the Office of Administrative Hearings), we suggest you make an expedited request to the presiding judge in writing after you have submitted your request for a hearing through the county (as per the instructions on your Notice of Action).\u00a0 In your expedited request to the presiding judge, you should consider setting forth the specific reasons why there is good cause to expedite your request.\u00a0 The presiding judge uses discretion and grants expedited requests on a case by case basis.<\/p>\n

You can make your expedited request by phone, mail, fax or email.\u00a0 Please refer to the contact information for the State Hearings Division below.\u00a0 The email for State Hearings Division, RFA matters is SHDRFA@dss.ca.gov<\/span>.<\/p>\n

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Direct Requests to the State Hearings Division (not the Office of Administrative Hearings)<\/h4>\n

For requests to the State Hearings Division, you can submit your request through the county office listed on your Notice of Action (and that office will refer your request to the State Hearings Division).\u00a0 You can also make a direct request using the following methods listed below.\u00a0 However, please be certain that the jurisdiction of your appeal is with the State Hearings Division and not the Office of Administrative Hearings.\u00a0 Your Notice of Action should indicate which division has jurisdiction.<\/p>\n<\/div>\n\t<\/div>\n<\/div>\n

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You can request a state hearing online through the California Department of Social Services Appeals Management System<\/a> .\u00a0 You can submit an appeal with or without an account.<\/p>\n

We suggest that you upload a statement explaining your reason for requesting a state hearing (i.e. you were denied RFA and\/or a criminal record exemption which led to denial of RFA).\u00a0 You should upload documentation regarding your RFA application and any Notice of Action you received.<\/p>\n

Due to the backlog at the State Hearings Division, we recommend your uploaded statement specify that you are requesting an expedited hearing and set forth the reasons for the need to expedite in your request.<\/p>\n<\/div>\n\t<\/div>\n\t\t

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We recommend that you request a state hearing in writing so you have documentation of your request.\u00a0 You will also need to submit supporting evidence with your request, which is best done in written form.<\/p>\n

However, if you choose to make your request via telephone, you may call:<\/p>\n

State Hearings Division toll free at (800) 743-8525 or (855) 795-0634<\/p>\n

Public Inquiry and Response toll free at (800) 952-5253 or TDD (800) 952-8349<\/p>\n<\/div>\n\t<\/div>\n\t\t

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You may complete the \"Request for State Hearing\" on the back of the Notice of Action or put your request on a separate piece of paper. Please provide all requested information such as your full name, address, telephone number, the name of the county that took the action against you, the county program(s) involved, and a detailed reason why you want a hearing. If you have trouble understanding English, be sure to tell the state your language (and dialect) so language assistance at the hearing can be arranged. If you have chosen an authorized representative, be sure to tell the state his\/her name and address. If you wish, you may attach a letter in which you explain why you believe the county action is not correct.<\/p>\n

Due to the backlog at the State Hearings Division, we recommend you request an expedited hearing and set forth the reasons for the need to expedite in your request.<\/p>\n

It is always a good idea to keep a copy of your hearing request.<\/p>\n

Submit your request to the county welfare department at the address shown on your Notice of Action and\/or by mail directly to the State Hearings Division:<\/p>\n

California Department of Social Services
\nState Hearings Division
\nP.O. Box 944243, Mail Station 9-17-37
\nSacramento, California 94244-2430<\/p>\n<\/div>\n\t<\/div>\n\t\t

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Fax your request to (916) 651-5210 or (916) 651-2789.<\/p>\n

We suggest that your request for a state hearing specify that you are appealing an RFA denial (and if it's due to a denial of a criminal records exemption note that in your request).\u00a0 Make sure you include a copy of any Notice of Action received from the county, a detailed statement regarding your belief the county made an erroneous decision, and any supporting documentation that supports your claim.<\/p>\n

Due to the backlog at the State Hearings Division, we recommend you request an expedited hearing and set forth the reasons for the need to expedite in your request.<\/p>\n

For more information and instructions, visit the CDSS webpage on State Hearings<\/a><\/p>\n<\/div>\n\t<\/div>\n\t<\/div>\n\t<\/div>\n<\/div>\n

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\n\t\tInformation About Your State Hearing<\/span>\n\t<\/h4>\n\t<\/div>\n<\/div>\n
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You must be notified about your state hearing request 15 days prior to the hearing date.<\/p>\n

A state hearing request must be decided or dismissed within 90 days of the request.
\nSee CDSS Regulation 22-045.3 and Regulation 22-060.1<\/a><\/p>\n

Once your appeal is received, you will receive a letter assigning your case to a representative from your county (the opposing party in your case). You will receive another letter that lists the date, time, and location of your hearing before the administrative law judge (the neutral fact finder).<\/p>\n

You can choose to discuss your case with the county representative before the hearing.\u00a0 Sometimes, the county representative will agree with you and sign a Conditional Withdrawal, which will require the county to correct its earlier decision. This can happen any time before the hearing.<\/p>\n

If the county representative does not offer a Conditional Withdrawal in your case, then you should prepare for your hearing. You can pick up your file and the county\u2019s position statement explaining its decision at least two days before the hearing. You can submit your own written position statement any time before the hearing.<\/p>\n

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State Hearing Procedure<\/h4>\n

Whether your appeal is being heard by the State Hearings Division or the Office of Administrative Hearings, you will need to prove that you satisfy the requirements to be approved as a resource family.<\/p>\n

You should bring all supporting documentation relevant to your issue and copies of those documents for the judge and county representative.\u00a0 You should bring your position statement and any witnesses or other evidence that shows the county made an error in taking the adverse action against you. The Administrative Law Judge (ALJ) will ask questions from you, the county representative, and witnesses from both sides. If you have additional evidence that you want to show the ALJ but that you did not bring with you to the hearing, you can ask to leave the record open, and then submit your evidence as quickly as possible. The ALJ will send you their decision a few months later.\u00a0 See Sections 12-09 through 12-21 of the\u00a0CDSS RFA Written Directives Version 7 (effective 1-13-21)<\/a><\/p>\n

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Burden of Proof<\/h4>\n

In all proceedings conducted in accordance with Welfare and Institutions Code section 16519.6<\/a>, the burden of proof on a County or the Department, as applicable, shall be by a preponderance of the evidence.\u00a0 See Section 12-10 of the\u00a0CDSS RFA Written Directives Version 7 (effective 1-13-21)<\/a><\/p>\n<\/div>\n\t<\/div>\n<\/div>\n\t<\/div>\n<\/div>\n\t<\/div>\n\t\t<\/div>\n\t<\/div>\n<\/div>\n

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5643 Paradise Drive, Suite 12B, Corte Madera, CA 94925\u00a0 \u2022\u00a0 415.924.0587<\/span><\/p>\n

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JOIN OUR EMAIL LIST<\/a>\u00a0\u00a0\u2022 \u00a0VISIT US ON FACEBOOK<\/a><\/span><\/p>\n

Copyright 2021 All Rights Reserved | Advokids:\u00a0 A Legal Resource for California Foster Children and Their Advocates<\/span><\/h6>\n<\/div>\n\t<\/div>\n<\/div>\n\t<\/div>\n<\/div>\n\t<\/div>\n\t\t<\/div>\n\t<\/div>\n<\/div>\n<\/div>
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Requesting a State Hearing How to Appeal an Adverse Action regarding your Resource Family Approval If the county has taken an adverse action against your resource family approval (by either denying your application, refusing to grant a criminal record exemption, rescinded your RFA, or another action), you have the right to appeal that adverse action…<\/p>\n","protected":false},"author":29,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"class_list":["post-25150","page","type-page","status-publish","hentry"],"yoast_head":"\nRequesting A State Hearing - Advokids: A Legal Resource for California Foster Children and Their Advocates<\/title>\n<meta name=\"description\" content=\"Requesting A State Hearing - Advokids: A Legal Resource for California Foster Children and Their Advocates\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/adevine.io\/advokids-backup\/requesting-state-hearing\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Requesting A State Hearing - 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