Md. Code Regs. 07.02.25.19

Current through Register Vol. 51, No. 22, November 1, 2024

Section 07.02.25.19 - Appeal Procedure

A. A person aggrieved by a decision of a local department to deny, suspend, revoke, or terminate resource home approval has the right to appeal in accordance with COMAR 07.01.04.

B. A person aggrieved by a decision of a local department to deny, suspend, revoke, or terminate resource home approval which is based in whole or in part on a child protective services finding of "indicated" or an identification of an alleged abuser or alleged neglector in a record of the Central Registry when noting appeal under §A of this regulation, shall also receive a hearing in accordance with COMAR 07.02.26. The decision reached in accordance with COMAR 07.02.26 is binding on any proceedings under this regulation.

C. A fair hearing need not be held on any decision which has been, or may only be, determined by a court.

D. Resource parents who wish to adopt a foster child in their care and who wish to contest the local department's decision to place the child with another resource family may, within 30 days from the removal of the child, file with the local department a request for a hearing. The local department shall notify the Office of Administrative Hearings which shall hold the hearing and issue a decision within 45 days of the receipt of the request.

E. A person aggrieved by the local department's decision to place a foster child with another resource family which is based in whole or in part on a child protective services finding of "indicated" or an identification of an alleged abuser or alleged neglector in a record of the Central Registry when noting an appeal under §D of this regulation, shall also receive a hearing in accordance with COMAR 07.02.26. The decision reached in accordance with COMAR 07.02.26 is binding on any proceedings under this regulation.

Md. Code Regs. 07.02.25.19