A relative or non-relative extended family member (NREFM) who has been denied a home approval based on a failure to meet approval standards has a right to a State Fair Hearing. Those procedures are the same as procedures followed by licensed foster parents when there is a licensing proceeding and are set forth in the Welfare and Institutions Code Sections 10951-10967 and California Department of Social Services (CDSS)  All County Letter No. 12-71 (Relative and Non Relative Extended Family Member (NREFM) Assessment/Approval, dated 12/14/2012.

If the County determines that a given relative's or NREFM's home cannot be approved, the County provides that relative or NREFM with a written notice of the reason(s) for the denial and information regarding the right to a State Fair hearing.

If approval of a relative or an NREFM home is denied, the social worker prepares and sends a Notice of Action—Denial of Home Assessment/Approval –NA1271to notify the relative/NREFM applicant of the DFCS' decision to deny placement approval.  This letter requires that the specific details of the basis for denial be listed in the “Additional Details” section of the NA1721 to sufficiently inform the applicant of the standards found to be deficient as outlined in the California Code of Regulations, Title 22, Division 6, Chapter 9.5, Article 3.

The relative or NREFM has  90 days from the day after the NA1721 is given to them or mailed to submit a request to the California Department of Social Services for  a state  hearing.

The right to state hearing does not apply to placement decisions.  An approved relative or NREFM who is denied placement consistent with Division 30-020 is afforded a County grievance review hearing not a State Fair Hearing

If any individual needing clearance for a home approval is found to have a criminal conviction, the caregiver may request that a Director's Exemption be granted for that individual. It is not necessary to complete a Director's Exemption request if there are other deficiencies that prevent approval of the relative/NREFM home. 

If the Director's Exemption:

• Concerns the relative/NREFM applicant and the exemption is denied, the relative/NREFM applicant has a right to  a State Fair hearing as defined in Welfare and Institutions Code 10951-10967.

• The social worker sends the Notice of Action- Denial of Home Assessment/Approval – NA1721to notify the prospective caregiver of the DFCS' decision.
• In the NA1721, the social worker will provide specifics in the “Additional Details” section to sufficiently inform the relative/NERFM the reason(s) for denial to enable them to make an informed decision about requesting a hearing. When the basis for the denial is the applicants’ criminal history, it is permissible to disclose the code section(s), the date and disposition upon which the denial is based.

• Concerns another adult in the home or adult with significant contact and the exemption is denied, the relative/NREFM applicant has a right to a state hearing.
• The social worker sends the Notice of Action- Denial of Home Assessment/Approval – NA1721to notify the prospective caregiver of the DFCS' decision.
• In the NA1721, specifics about the individual’s criminal history are not to be used. It is advisable that the “Additional Details” section state:”An individual residing or associated with you/your home has a criminal background for which an exemption was not be granted.”

If any individual needing clearance for a home approval is found to have a child abuse referral history, the relative/NREFM applicant may request that a Child Abuse and Neglect Record Review be submitted for a finding that the individual is suitable to be a member of the household or have significant contact with the child.  It is not necessary to complete a Child Abuse and Neglect Review, if there are other deficiencies that prevent approval of the relative/NREFM home. 

If the  relative/NREFM applicant’s request for a Child Abuse and Neglect Record Review of a child abuse or neglect record:

• Concerns the relative/NREFM applicant and the Review results in a decision that the relative/NREFM applicant is unsuitable to  serve as the child's placement, the  relative/NREFM applicant has a right to a state hearing as defined in Welfare and Institutions Code 10951-10967.
• Concerns another person and the Review results in a decision that the individual is unsuitable to be a member of a household serving as the child's placement or to have significant contact with the child, the relative/NREFM applicant has a right to a State hearing.

 

• In either case, the social worker sends  a Notice of Action – Denial of Relative or NREFM Assessment/Approval – NA1721 to notify the caregiver of the DFCS' decision.