Administrative Reviews – An Administrative Review is afforded to Relative/Fictive

Administrative Reviews – An Administrative Review is afforded to Relative/Fictive Kin foster parents when an application for renewal of a license is denied or when a license is suspended or revoked. If the Relative/Fictive Kin foster home was denied at any point prior to obtaining a license, they are not eligible to appeal. 1. Regional Review Hearing. The Relative/Fictive Kin foster family has thirty (30) calendar days from the date they receive the Notice of Action to appeal the closure of their home. a. If the foster family does not respond to the Notice of Action by requesting a hearing, MDCPS will complete the closure of the home. b. If the foster family appeals the closure, a Regional Review Hearing will be scheduled and held within thirty (30) calendar days of their request in writing. This meeting will include the foster family, any County of Responsibility Specialist for a child that was in that home, the Licensure Specialist/Licensure Supervisor and the Licensure Manager, when possible. c. The home will be placed on Not Accepting Placement (NACPL) status and will not receive any further placements until a final decision is made. 2. Administrative Appeal Hearing. Within thirty (30) calendar days of their Regional Review Hearing, a second Notice of Action will be sent to the foster family to notify them of the decision. If the Relative/Fictive Kin foster family is not satisfied with that decision, they will be given the opportunity to appeal with the Office of Legal Counsel. The Relative/Fictive Kin foster family’s request for an Administrative Appeal Hearing must be received by the MDCPS Licensure Unit within thirty (30) calendar days of the Regional Review Notice of Action. All Administrative Appeal Hearings will be conducted as follows: a. The Administrative Hearing Officer will notify the Relative/Fictive Kin foster family of a date and time for their scheduled appeal hearing in Jackson, Mississippi. If the Relative/Fictive Kin foster family cannot appear at the time and location of the hearing, they must notify the Administrative Hearing Officer within five (5) calendar days of receipt of the hearing notice to reschedule the hearing. b. All parties may be represented by an attorney. The Administrative Hearing Officer will have the authority to maintain the decorum of the hearing and will take reasonable steps to do so when necessary, including clearing the hearing room of any person who is disruptive. The Administrative Hearing Officer may clear the hearing room of witnesses not under examination. c. The Relative/Fictive Kin foster family must submit a witness list identifying any witnesses they intend to call as witnesses at the hearing and an exhibit list identifying documents they intend to submit at the hearing, with copies of any proposed exhibits, to adminappeals@mdcps.ms.gov at least seven days prior to the hearing. d. Unless approved in advance by the Administrative Hearing Officer, each side will have thirty (30) minutes to present evidence and make argument. e. Hearings are informal, and the Mississippi Rules of Evidence do not apply. The Administrative Hearing Officer has discretion to exclude evidence that is not relevant to the appeal. f. If the Relative/Fictive Kin foster family, without good cause, fails to appear at the hearing, such failure will be considered a withdrawal of the appeal, and the Administrative Hearing Officer may dismiss the appeal. g. Following the Administrative Appeal Hearing, the Administrative Hearing Officer will issue a written recommendation which will be forwarded to the Commissioner of MDCPS for adoption, modification, or reversal. The Commissioner’s decision represents the final and binding decision of the agency. The final order of the MDCPS Commissioner will be emailed to the attorney of record for the Relative/Fictive Kin foster family or to the Relative/Fictive Kin foster family if not represented. The Relative/Fictive Kin foster family or attorney of record is presumed to have been notified on the date such notice is emailed. h. If it is determined that the home will remain open, MDCPS will place the home back on Active status within ten (10) business days of receiving notice. If the home license expires during the appeal process, the Relative/Fictive Kin foster parents must complete the re- licensure process.