Mo. Code Regs. tit. 13 § 35-35.070

Current through Register Vol. 49, No. 20, October 15, 2024

Section 13 CSR 35-35.070 - Alternative Care Review Board

PURPOSE: This rule defines the Alternative Care Review Board, discusses the purpose of the board, and explains the process for requesting an alternative care review hearing.

(1) Definitions.

(A) "Alternative care review board" or "ACRB"-The board before whom the alternative care resource provider may appeal any decision made by the Children's Division or its contractors regarding a case management decision involving a child who is, or has been, placed in foster care with the claimant.

(B) "Case management decision"-The activity of a case manager employed by the division or one of its contractors in assessing family problem(s), case planning, coordinating and linking services for children and families, monitoring service provisions and progress, and providing aftercare service. A case management decision shall not include a decision made by the family support team, adoption staffing team, a court of appropriate jurisdiction, or any matter that is the subject of litigation before a court of competent jurisdiction.

(C) "Resource provider" - A resource family providing care for children in state custody.

(2) This section establishes the process for providing a fair and impartial grievance process for review of case management decisions as required by section 210.566, RSMo.

(3) Alternative Care Review Board Composition. Each of the division's administrative regions shall establish an alternative care review board composed of seven (7) members and two (2) alternates. Members and alternates for an ACRB shall be selected as follows:

(A) Two (2) resource providers, of which one (1) shall be a licensed resource provider;

(B) Two (2) division employees;

(C) Three (3) members and two (2) alternates from the following fields or professions:

1. Community representative who has knowledge of the provision of alternative care services;

2. Professional school employee;

3. Juvenile officer or professional employee of the Juvenile Office;

4. Licensed child or family psychologist or other qualified mental health professional;

5. Physician, nurse, or other qualified medical professional; or

6. Child welfare professional that provides services to families and/or children; and

(D) A division regional director shall appoint the members of the ACRB in that director's region. The regional director shall nominate the chairperson of the board and forward the nomination to the division's director or director's designee for approval.

(4) ACRB Terms of Office.

(A) Members and alternates shall be appointed for two- (2-) year terms.

(B) The members of the ACRB shall have at least one (1) annual meeting regardless if any requests are filed. The members of the ACRB shall also meet at least one (1) time per month depending on the number of requests being filed. Other than the annual meeting, meetings are not required if there are no pending reviews.

(C) The members of the ACRB will receive payment for reasonable expenses associated with ACRB business, but will not receive compensation for the performance of their duties. If a member cannot attend, an alternate shall be notified and asked to attend.

(D) A quorum at any ACRB meeting will be three (3) members, of whom one (1) will be a resource provider and one (1) will be a division employee.

(E) A division regional director may remove and/or replace a member of an ACRB for the following reasons:

1. Death;

2. Resignation;

3. Mental or physical incapacitation that limits the member from actively serving; or

4. For good cause as determined by the division director.

(F) The information and deliberations of the ACRB shall be confidential and protected from disclosure to the extent permitted by law.

(5) Process for Requesting an ACRB Review.

(A) The resource provider shall email a written request for review of a case management decision to cd.acrb@ dss.mo.gov, or mail such request to Program Development Specialist, Resource Licensing, Missouri Children's Division Central Office, PO Box 88, 205 Jefferson St., 10th Floor, Jefferson City, MO 65101, within ten (10) business days of being notified of the case management decision. The request for review shall specify the decision that is being contested and the basis of the grievance.

(B) Except as provided in this regulation, upon receipt of the grievance, division or contracted staff shall take no action to implement the decision being reviewed until the matter is resolved through the grievance process. The implementation of the following decisions, however, shall not be stayed pending resolution of the grievance:

1. Decisions that, in the division's or contracted staff's judgment, require immediate action to protect the health, safety, or well-being of the child in care; or

2. Decisions whose implementation has been ordered by a court of competent authority.

(C) Within ten (10) business days of receipt of the grievance, the division or contracted staff shall schedule an informal meeting/review with the resource provider to attempt to resolve the matter. In cases concerning a case management decision made by the division, the attendees of the informal meeting shall include the resource provider, the resource provider's attorney (if available), a regional division representative, and one (1) or more circuit division representatives. In cases concerning a case management decision made by a contracted agency, the attendees of the informal meeting shall include the resource provider, the resource provider's attorney (if available), an agency manager, and a manager representing the contract holder. Within five (5) business days of the informal review, the division or contracted management staff shall notify the resource provider in writing of its decision to uphold or reverse the case management decision and, if the decision is upheld, shall advise the resource provider of the resource provider's right to proceed with a request for an ACRB hearing.

(D) If the resource provider chooses to proceed with the ACRB hearing, the resource provider shall email a completed hearing request form or other written request for an ACRB hearing, including all pertinent information and records, to cd.acrb@dss.mo.gov, or mail such written request, information, and records to Program Development Specialist, Resource Licensing, Missouri Children's Division Central Office, PO Box 88, 205 Jefferson St., 10th Floor, Jefferson City, MO 65101, within five (5) business days of the division's or contracted management staff's written decision. The division may extend the time frame for submitting information for good cause shown. The division will notify the resource provider of the date scheduled for the ACRB hearing within five (5) business days of receiving the resource provider's written request.

(E) The division or contracted staff shall submit all pertinent information and records to the resource provider's regional ACRB within five (5) business days of receiving the request for the review. The division may extend the timeframe for submitting information for good cause shown.

(F) The review should be scheduled to occur at the next scheduled ACRB meeting. The review may be continued if there is insufficient time for board members to prepare for the review.

(G) The review proceedings described in this subsection are informal and administrative in nature and are not subject to the Missouri Rules of Civil Procedure. The review proceedings are also not subject to common law or statutory evidentiary standards, apart from those regarding relevancy. The review proceedings shall not be governed by the procedures set forth in Chapter 536, RSMo, but shall instead be governed by the following procedures:

1. The division or contracted staff shall first present its case management decision and the rationale thereof. Division or contracted staff may participate in the review proceeding in person, telephonically, or virtually with or without legal counsel;

2. The resource provider and/or the provider's counsel shall next present a summary of the resource provider's grievance. The resource provider and/or the provider's counsel's presence is not mandatory for a review to be held. The provider or provider's counsel may submit a written statement and/or participate in the review telephonically or virtually if equipment is available;

3. The resource provider and the division or contracted staff may provide information at the review through the use of witnesses. Witness testimony will not be taken under oath; however, the parties may submit information by written statement. No party to the review proceeding, including the ACRB, shall have the power to compel the appearance of any witness through the use of a subpoena or other means;

4. The review hearing may, at the election of either party, be recorded through the use of a recording device or a court reporter. However, the review hearing shall not be a hearing on the record. All expenses associated with the recording of the hearing shall be the sole responsibility of the party desiring them; and

5. The information provided to the ACRB, and the ACRB's deliberations, shall be confidential and protected from disclosure to the extent permitted by law. The ACRB shall review and discuss all relevant materials and information and vote individually on whether to uphold, modify, or reverse the division or contracted staff's finding and/or decision. The ACRB shall prepare a written summary of its findings and recommended decision and present it to the division's deputy director for permanency within seven (7) business days of the ACRB hearing. The deputy director shall discuss the recommendation with the division's director. The division's director shall provide the final written decision to all parties within thirty (30) calendar days of receipt of the ACRB's recommendation. The division director's decision shall be the final decision of the division.

(6) If at any time the grievance pending before the ACRB becomes the subject of a motion or other proceeding before a court of competent authority, the ACRB proceedings shall be stayed pending the resolution of the issue before the court. In the event that the matter is decided by the court, the ACRB proceedings shall be dismissed by the ACRB.

13 CSR 35-35.070

Adopted by Missouri Register April 1, 2024/volume 49, Number 07, effective 5/31/2024.