Section IX: Fair Hearings

Federal statute and regulations require that the State provide an opportunity for a fair hearing to any individual whose claim for assistance is denied or not acted upon with reasonable promptness. A fair hearing opportunity applies to a denial, suspension, reduction, discontinuance, or termination of assistance. Some allegations that constitute grounds for a fair hearing under the title IV-E adoption assistance program include, but are not limited to:

relevant facts regarding the child were known by the State agency or child-placing agency and not presented to the adoptive parent(s) prior to the finalization of the adoption;
denial of assistance based upon a means test of the adoptive parent(s);
adoptive parent(s) disagree with the determination by the State that a child is ineligible for adoption assistance;
failure by the State agency to advise potential adoptive parent(s) about the availability of adoption assistance for children in the State foster care system;
decrease in the amount of adoption assistance without the concurrence of the adoptive parent(s);
denial of a request for a change in payment level due to a change in the adoptive parent(s) circumstances; and
failure of the State agency to complete the required paperwork prior to the finalization of the adoption.

In situations where the final fair hearing decision is favorable to the adoptive parent(s), the State agency can reverse the earlier decision to deny benefits under title IV-E. If the child meets all the eligibility criteria, the State may enter into a title IV-E adoption assistance agreement with the adoptive parent(s) and Federal Financial Participation (FFP) is available, beginning with the earliest date of the child's eligibility (e.g., the date of the child's placement in the adoptive home or finalization of the adoption) in accordance with Federal and State statutes, regulations and policies.

The right to a fair hearing is a procedural protection that provides due process for individuals who claim that they have been wrongly denied benefits. This procedural protection, however, cannot confer title IV-E benefits without legal support or basis. Accordingly, FFP is available only in those situations in which a fair hearing determines that the child was wrongly denied benefits and the child meets all Federal eligibility requirements. Thus, if a fair hearing officer decides that a child should have received adoption assistance, but, in fact, the child does not meet all the Federal eligibility criteria, the State cannot claim FFP under title IV-E for the child.

The State is required to inform prospective adoptive parent(s) in writing at the time of the application, and at the time of any action affecting their claim, of the right to a fair hearing; the method by which they may obtain a hearing; and that they may be represented by an authorized representative, such as legal counsel, relative, friend, or other spokesman, or may represent themselves.

The fair hearing process must be conducted by an impartial official(s) or designee of the agency. The hearing official or designee cannot have been directly involved in the initial determination of the action in question (45 CFR 205.10(a)(9)).

Questions Specific to Fair Hearing

(A) Does the State require that adoptive parent(s) be informed in writing at the time of their application and at the time of any action affecting their adoption assistance payments for title IV-E adoption assistance of their right to a fair hearing and the process for requesting the hearing?

YESNONEEDS CLARIFICATION