Cal. DSS Manual 31 -440.1

31-440 FOSTER PARENT(S) NOTIFICATION REQUIREMENTS

• .1 The foster parent(s) shall be given at least seven calendar days' advance written notice of intent to remove a child, and of the right to request a grievance review.
• • .11 The county shall have the authority to include a waiver of the notice requirement specified in Section 31-440.1 in the written placement agreement with the foster parent(s).
  • .111 Waivers shall not exceed six months from the date of placement.
  • .112 Waivers shall be considered exceptions used solely to meet unusual individual needs.

Cal. DSS Manual 31-440.21-.25

31-440 FOSTER PARENT(S) NOTIFICATION REQUIREMENTS

• .2 The county shall not be required to provide the notice specified in Section 31-440.1 if one or more of the following conditions exist:
• • .21 The child is in immediate danger.
  • .22 A signed waiver of notice has been obtained from the foster parent(s), as specified in Section 31-440.11.
  • .23 A court has ordered the child’s removal.
  • .24 Adverse licensing or approval actions have occurred that prohibit the foster parent(s) from continuing to provide services.
  • .25 Removal of a voluntarily placed child is made or requested by the child’s parent(s)/guardians.

Cal. DSS Manual 31-020.1

31-020 GRIEVANCE PROCEDURES

• .1 Grievance procedures shall be developed to review complaints from foster parents, legal parents, guardians, and children concerning the placement or removal of a child from a foster home. All issues shall be resolved in the best interest of the child.

Cal. DSS Manual 31-020.21-.25

31-020 GRIEVANCE PROCEDURES

• .2 Grievance reviews shall not be granted for the following issues:
• • .21 Removal of a child under any of the circumstances specified in Sections 31-440.21 through .25.
  • .22 Removal of a child or modification of services resulting from an administrative review panel determination.
  • .23 Removal of a child for direct placement into an adoptive home.
  • .24 Any complaint regarding only the validity of a law or of a statewide regulation.
  • .25 Any complaint regarding an issue for which a state hearing is available as specified in Welfare and Institutions Code Sections 10950 through 10965.

Cal. DSS Manual 31- 020.31.311-.313

31-020 GRIEVANCE PROCEDURES

.3 Review request procedures shall include the following:
    .31 The county shall explain the right to a review, and shall provide a copy of the grievance procedure regulations to the following parties:
        .311 A legal parent/guardian at the time the child is placed.
        .312 A foster parent at the time of licensing.
        .313 Any complainant at the time a complaint is filed.

Cal. DSS Manual 31 -020.32-.34

31-020 GRIEVANCE PROCEDURES

.3 Review request procedures shall include the following:     .32 A review request shall be filed in the form of a written statement signed by the complainant.
    .33 The review request shall set forth the facts which the interested person believes provide a basis for reversal of the county action.
    .34 The complainant shall file the review request within ten calendar days after becoming aware of the action under complaint.
        .341 In cases of removal not exempted from review as specified in Sections 31-020.21 through .25 and in Sections 31-440.21 through .25, the complainant shall submit the review request to the county not less than two calendar days prior to the intended date of removal.

Cal. DSS Manual 31 020.35.

31-020 GRIEVANCE PROCEDURES

.3 Review request procedures shall include the following:     .35 The county shall assist in preparation of the complaint if assistance is requested or necessary.

Cal. DSS Manual 31-020.4-.41

31-020 GRIEVANCE PROCEDURES

.4 The review shall be held within ten working days from the date the written complaint is received by the agency.
    .41 Notice of the date, time and place for the review shall be received by all parties not less than five calendar days prior to the hearing.

Cal. DSS Manual 31 020.52

31-020 GRIEVANCE PROCEDURES

.5 The review shall be conducted as follows:
   .52 The review agent shall, to the extent possible, conduct all reviews in a nonadversarial atmosphere.

Cal. DSS Manual 31-020.53

31-020 GRIEVANCE PROCEDURES

.5 The review shall be conducted as follows:
    .53 All parties and representatives shall be permitted to examine all documents and physical evidence introduced by parties to the hearing.

Cal. DSS Manual 31-020.54

31-020 GRIEVANCE PROCEDURES

.5 The review shall be conducted as follows:
    .54 The parties and their representatives, and witnesses while testifying, shall be the only authorized persons present during the review unless all parties and the review agent consent to the presence of other persons.

Cal. DSS Manual 31-020.55

31-020 GRIEVANCE PROCEDURES

.5 The review shall be conducted as follows:
    .55 All testimony shall be given under oath or affirmation.

Cal. DSS Manual 31-020.56

31-020 GRIEVANCE PROCEDURES

.5 The review shall be conducted as follows:
    .56 The review agent shall have the authority to continue to review for a period not to exceed ten calendar days if additional evidence or witnesses are necessary for determination of the issue.

Cal. DSS Manual 31-020.6

31-020.6 REVIEW DECISIONS

.61 The review agent shall render a written recommended decision, and the county director shall issue a final written decision, within five calendar days after review completion.

.62 The decision shall be based upon the evidence presented at the hearing.

.63 The county director’s decision shall contain a summary statement of the facts, the issues involved, findings, and the basis for the decision.

.64 A copy of the decision shall be sent to the following:
    .641 Each party to the review.
    .642 Every representative of each party.
    .643 The California Department of Social Services.

Cal. DSS Manual 31-020.7

.7 Unless the child is in immediate danger, he/she shall remain with the foster parent(s), pending decision of the county director, when removal is the basis for a complaint.