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8.3C.2b TITLE IV-E, Foster Care Maintenance Payments Program, State Plan/Procedural Requirements, Case review system, notice and right to be heard

Items with a star (*) and gray background have been modified from previous record.

Question Number 2:
01/31/2007 - Current
Question*Do the notice requirements in section 475(G) of the Social Security Act apply to all court hearings? Do they apply to shelter care, emergency removal, adjudication and disposition hearings? Do they apply to procedural hearings, such as pretrial hearings or hearings on motions for discovery?
Answer*The revised statutory language confers a "right" to be heard instead of an "opportunity," as well as changes such right to be heard to a "proceeding" instead of "review or hearing" as in the previous language. Thus, we are interpreting this change to mean that in having a "right" to any "proceeding" to be held with respect to the child, the foster parents, pre-adoptive parents or relatives providing care for a child must, at a minimum, be provided with notice of their right to be heard in all permanency hearings, as well as six-month reviews, if held by the court.
Source/Date*01/29/07
Legal and Related References*Social Security Act section 475(5)(G), 45 CFR 1356.21(o)

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09/11/2000 - 01/31/2007 (Original Record)
QuestionPlease provide guidance on the type and degree of participation that must be afforded foster parents, preadoptive parents, and relative caregivers in satisfying the requirements for notice and opportunity to be heard.
AnswerThe requirement that States give foster parents, preadoptive parents and relative caretakers notice of and an opportunity to be heard affords these individuals with a right to provide input to these reviews and hearings. However, it does not confer a right to appear in person at the review or hearing. The requirement can be met as the State sees fit, such as by notification to the individuals that they have an opportunity to attend the review or hearing and provide input, or notification that they can provide written input for consideration at the review or hearing.
Source/DatePreamble to the Final Rule (65 FR 4020) (1/25/00)
Legal and Related ReferencesSocial Security Act - section 475 (5)(G); 45 CFR 1356.21 (o)

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