NOTIFICATION OF INTENT TO MOVE FOSTER CHILD

The agency must notify foster parents in writing at least seven days in advance of intent to remove the child, and of the right to request a grievance review. Cal. DSS Manual 31 -440.1

The agency is not required to give notice if:

• The child is in immediate danger;
• A signed waiver has been obtained from the foster parent;
• A court has ordered the child’s removal;
• Adverse licensing or certification actions have occurred which prohibit the foster parent from continuing to provide services, or
• Removal of a voluntarily placed child is made or requested by the child's parent/guardian. Cal. DSS Manual 31-440.21-.25

GRIEVANCE PROCEDURE

The department must have grievance procedures 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 31-020.1.

Grievance review is not required when:

• Removal of a child is for any reason set forth in subsection b(2), supra;
• Removal of a child or modification of services results from an administrative review panel determination;
• Removal of a child is for direct placement into an adoptive home;
• The complaint regards only the validity of a law or statewide regulation, or
• The complaint regards an issue for which a fair hearing is available as specified in Cal Welf. & Inst. Code ¤ 10950-10965. Cal. DSS Manual 31-020.21-.25.

The agency must explain the right to a review and provide a copy of the grievance procedure regulations to:

• The legal parent/guardian at the time of placement;
• the foster parent at the time of licensing, and
• any complainant at the time a complaint is filed. Cal. DSS Manual 31-020.31.31 1-.313.

The review request must:

• Be filed in the form of a written statement signed by the complainant;
• Set forth the facts which the interested person believes provide a basis for reversal of the agency action, and
• Be filed ten calendar days after becoming aware of the action under complaint. NOTE: In cases where the department must provide notice, the complainant must submit the review request to the agency at least two calendar days before the intended date of removal. Cal. DSS Manual 31 -020.32-.34.

The agency must help the foster parent prepare the complaint, if assistance is requested or necessary. Cal. DSS Manual 31 020.35.

The review must be held within ten working days from the date the department receives the written complaint. Cal. DSS Manual 31-020.4. NOTE: All parties should receive notice of the date, time and place for the review not less than five calendar days prior to the hearing. Cal. DSS Manual 31-020.41.

THE REVIEW HEARING

• Only someone not involved in the complaint, who is knowledgeable of the field and capable of objectively reviewing the complaint, may conduct a review
• The review agent must try to conduct the hearing in a nonadversarial atmosphere. Cal. DSS Manual 31 020 52.
• The review agent must allow all parties and representatives to examine all documents and physical evidence introduced at the hearing. Cal. DSS Manual 31-020.53.
• Only the parties, their representatives, and witnesses while testifying, are authorized to be present during the review unless all parties and the review agent consent to the presence of other persons. Cal. DSS Manual 31-020.54.
• All witnesses must testify under oath or affirmation. Cal. DSS Manual 31-020.55.
• The review agent may continue the 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 31-020.56.

REVIEW DECISIONS

• The review agent must issue a written recommended decision, and the agency director must issue a final written decision, within five calendar days after review/completion. Cal. DSS Manual 31-020.61.
• The decision must be based upon the evidence presented at the hearing. Cal. DSS Manual 31 020.62.
• The director’s decision must contain a summary statement of the facts, the issues involved, findings and the basis for the decision. Cal. DSS Manual 31 020.63.
• A copy of the decision must be sent to each party, their representatives, and the State DSS. Cal. DSS Manual 31 -020.64.641 -.643.

All California State Department of Social Services regulations can be found at http://www.cdss.ca.gov/ord/PG309.htm

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