R512-43-12. Fair Hearings

(1) The adoptive family may submit a written request for a fair hearing to the Department of Health and Human Services, Finance and Administration within ten working days after receiving a Child and Family Services decision if: (a) the adoption assistance application is denied; (b) the adoption assistance application is not acted upon with reasonable promptness; (c) the adoption assistance or supplemental adoption assistance is reduced, suspended, ended, or changed without the concurrence of the adoptive parents; (d) the amount of adoption assistance or supplemental adoption assistance approved was less than the amount requested by adoptive parents; or (e) the adoption assistance was not requested before finalization of the adoption and one of the criteria in Section R512-43-5 applies. (2) The fair hearing officer may approve appropriate state or federal adoption assistance for post finalization requests if one of the following is met: (a) relevant facts regarding a child, the biological family, or a child's background were known but not presented to adoptive parents before finalization; (b) a denial of assistance was based upon a means test of the adoptive family; (c) an erroneous state determination was utilized to find a child ineligible for assistance; or (d) the state or adoption agency failed to advise adoptive parents of the availability of assistance. (3) The adoptive parents bear the burden of documenting that a child meets the definition of a child with a special need and that one of the criteria in Section R512-43-5 applies. The state may provide corroborating facts to the family or the fair hearing officer.