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8.4G TITLE IV-E, General Title IV-E Requirements, Fair Hearings
Items with a star (*) and gray background have been modified from previous record.
Question Number 3:
06/11/2013 - Current
Question
Do foster parents or relative caregivers have a right to a fair hearing under section 471(a)(12) of the Social Security Act (the Act) with regard to adverse placement decisions? In particular, do the provisions for relative preference at section 471(a)(19) of the Act and an opportunity to be heard for foster parents and relative caretakers at section 475(5)(G) of the Act create fair hearing rights?
Answer
*No. The provisions at sections 471(a)(19) and 475(5)(G) of the Act have no relation to or bearing on the fair hearing requirements. The title IV-E agency determines where and with whom the child will be placed by virtue of its placement and care responsibility.

The fair hearing provision at section 471(a)(12) of the Act provides for granting an opportunity for a fair hearing to any individual whose claim for benefits available pursuant to this part is denied or not acted upon with reasonable promptness. The benefit under the title IV-E foster care maintenance payments program is provided to eligible children.

Source/Date
*06/09/04 (revised 6/6/13)
Legal and Related References
Section 471(a)(12) of the Social Security Act, 45 CFR 205.10 and 1355.30(p)(2).

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10/19/2004 - 06/11/2013
Question
Do foster parents or relative caregivers have a right to a fair hearing under section 471(a)(12) of the Social Security Act (the Act) with regard to adverse placement decisions? In particular, do the provisions for relative preference at section 471(a)(19) of the Act and an opportunity to be heard for foster parents and relative caretakers at section 475(5)(G) of the Act create fair hearing rights?
Answer
*No. The provisions at sections 471(a)(19) and 475(5)(G) of the Act have no relation to or bearing on the fair hearing requirements. The State determines where and with whom the child will be placed by virtue of its placement and care responsibility.

The fair hearing provision at section 471(a)(12) of the Act provides for granting an opportunity for a fair hearing to any individual whose claim for benefits available pursuant to this part is denied or not acted upon with reasonable promptness. The benefit under the title IV-E foster care maintenance payments program is provided to eligible children.

Source/Date
06/09/04
Legal and Related References
Section 471(a)(12) of the Social Security Act, 45 CFR 205.10 and 1355.30(p)(2).

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07/14/2004 - 10/19/2004 (Original Record)
Question
Do foster parents or relative caregivers have a right to a fair hearing under section 471(a)(12) of the Social Security Act (the Act) with regard to adverse placement decisions? In particular, do the provisions for relative preference at section 471(a)(19) of the Act and an opportunity to be heard for foster parents and relative caretakers at section 475(5)(G) of the Act create fair hearing rights?
Answer
No. The provisions at sections 471(a)(19) and 475(5)(G) of the Act have no relation to or bearing on the fair hearing requirements. The State determines where and with whom the child will be placed by virtue of its placement and care responsibility.

The fair hearing provision at section 471(a)(12) of the Act provides for granting an opportunity for a fair hearing??to any individual whose claim for benefits available pursuant to this part is denied or not acted upon with reasonable promptness.? The benefit under the title IV-E foster care maintenance payments program is provided to eligible children.

Source/Date
06/09/04
Legal and Related References
Section 471(a)(12) of the Social Security Act, 45 CFR 205.10 and 1355.30(p)(2).

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