18 Miss. Code. R. 6-1-A-II-IV
The DFCS provides individuals who disagree with DFCS findings or decisions covered under this policy, a right to appeal the decision. An administrative process has been implemented to offer a fair, impartial, timely and accessible hearing to all persons entitled to this process.
There are three types of appeal hearings conducted:
Any decision that is made by the Youth Court cannot be appealed through an Administrative Hearing. For example, a client may not appeal the decision for a child to be placed in the custody of the Department of Human Services as this decision was made by the Youth Court and must be appealed through the Youth Court procedures.
If a client has followed the procedure outlined in the grievance section above and the grievance has not been satisfactorily handled and further action is needed, he/she must forward the Client's Grievance Form to the Division Director's office within thirty (30) days requesting an Administrative Hearing for the grievance.
MDHS-DFCS
Attn: Division Director
P.O. Box 352
Jackson, MS 39205
The Division Director/designee will:
The hearing officer will:
The Hearing Officer will then notify the COR of the client regarding the scheduled hearing and request the Worker, ASWS, or any other appropriate staff prepare to be present at the hearing and be prepared to present evidence regarding the grievance if needed.
At the Administrative Hearing, either party may be represented by an attorney. The presiding Hearing Officer shall have the authority to maintain the decorum of the hearing, and shall take reasonable steps to do so when necessary, including clearing the hearing room of any person who is disruptive. The presiding Hearing Officer may clear the hearing room of witnesses not under examination.
The DFCS will present all the evidence which led to the DFCS's actions. The appealing party shall follow, presenting evidence that the reasons for the decision made are not true or not sufficient for the action taken.
If the appealing party, without good cause, fails to appear at the hearing, such failure shall be considered as a withdrawal of the appeal and the presiding Hearing Officer may dismiss the appeal.
After all evidence is heard or received, and the hearing is completed, the presiding Hearing Officer shall prepare and file a written finding of facts within fifteen (15) days of the hearing date.
The Division Director/designee shall review the finding of facts and issue a written statement regarding the final decision of the DFCS to the appealing party.
The decision of the Division Director/designee is final and binding unless overturned by a court of competent jurisdiction.
MISS. CODE ANN. § 43-21-257, as amended, provides for the establishment of the Central Registry of abuse and neglect cases. The Registry provides a mechanism for the state to protect children from abuse and neglect and to notify child care providers and licensing agencies of individuals who have been substantiated by DFCS as perpetrators of child abuse/neglect. With the establishment of the State Registry, there is also the requirement to establish procedures to afford due process to individuals who have been named as substantiated perpetrators prior to the release of their name from the registry.
When a request for a fair hearing is received by the Protection Unit, State Office, a hearing will be arranged. The administrative fair hearing must be conducted within sixty (60) days after the receipt of the request for a Hearing.
The Protection Unit will:
The hearing officer will:
The Protection Unit will then notify the COR for the investigation report of the scheduled hearing and request the Worker or ASWS prepare to be present at the hearing and be prepared to present evidence which led to the individual's name being placed in the registry.
At the Administrative Fair Hearing, either party may be represented by an attorney. The presiding Hearing Officer shall have the authority to maintain the decorum of the hearing, and shall take reasonable steps to do so when necessary, including clearing the hearing room of any person who is disruptive. The presiding Hearing Officer may clear the hearing room of witnesses not under examination.
The DFCS will be asked to present all the evidence which led to the DFCS's findings. The appealing party shall follow, presenting evidence that the reasons for the decision made are not true or not sufficient for the action taken.
If the appealing party, without good cause, fails to appear at the hearing, such failure shall be considered as a withdrawal of the appeal and the presiding Hearing Officer may dismiss the appeal.
After all evidence is heard or received, and the hearing is completed, the presiding Hearing Officer shall prepare and file a written finding of facts, and a decision on these findings and forward to the Protection Unit, within fifteen (15) days of the hearing date.
If the Administrative Fair Hearing reverses the DFCS's decision the Protection Unit will notify the appealing party in writing that his name shall be removed from the Central Registry by administrative procedures.
The decision of the Hearing Officer is final and binding unless overturned by a court of competent jurisdiction.
The Child Abuse Prevention and Treatment Act (CAPTA) Amendments of 1966, P.L. 104.235 (as codified at 42 U.S.C. Section 5106 a) requires states to have provisions, procedures, and mechanisms in effect by which individuals who disagree with an official finding of child abuse or neglect can appeal such a finding." This requirement applies to the perpetrator of child abuse or neglect and applies to States receiving funds under a CAPTA state plan.
This requirement is to assure that individuals who have been found by the State to have committed child abuse or neglect are afforded due process. It also requires that individuals be given written notification of their right to appeal, and the method by which they may appeal, at the time they are notified of the official finding of child abuse or neglect; and that the office or individual hearing such appeals cannot be involved in any other state of the case, and that such officer or individual has the authority to overturn a previous finding of abuse or neglect.
An Administrative Grievance Hearing is afforded to individuals who disagree with an DFCS decision and/or action in the event that an application for licensure or renewal of a license is denied, a license is suspended or revoked, an application for adoption is denied, an adoption case is closed, or there is an adverse decision for an applicant or recipient of adoption assistance.
This process is given to:
In the event of a DFCS decision or action as described above under this section, the aggrieved party may file an appeal by submitting, in writing, a request for an administrative hearing. The written notice of appeal is sent to the MDHS/ DFCS, Licensure Unit, P.O. Box 352, Jackson, MS 39205. This request for a hearing must be received by the DFCS within ten (10) working days of the date the DFCS's written notice of action sent to the individual or DFCS.
The administrative hearing shall be held no later than sixty (60) calendar days after the receipt of the request for a hearing.
The Licensure Unit will contact the Hearing Officer giving the officer information regarding the request. The Hearing Officer is appointed by MDHS, but has no involvement with DFCS decisions, regarding licensure or approvals for adoption or other matters from which the individual or party appeals, other than during the hearing process.
The Hearing Officer shall schedule a date, time and place for the hearing. At least thirty (30) calendar days prior to the administrative hearing, notices shall be sent via Certified U.S. Mail, Return Receipt Requested, to all involved parties by the appointed Hearing Officer. The appealing party shall be afforded all applicable safeguards of procedural due process.
The Hearing Officer will notify the Licensure Unit and/or the Adoption Unit of the scheduled hearing. The Licensure Unit and/or Adoption Unit as appropriate will notify the appropriate staff person, who is responsible for the case, of the hearing.
The Worker, supervisor or other appropriate DHS staff will be prepared to present the reasons for the DFCS's decision and will be present at the hearing.
At the Administrative Grievance Hearing, each party may be represented by an attorney. The appealing party shall have the right to call, examine and cross examine witnesses. The Hearing Officer may require the presence of witnesses and evidence in behalf of the applicant, licensee, or MDHS.
Each party shall file with the Hearing Officer, a list of witnesses they plan to call to testify at the hearing and produce documentary evidence on his, her, or its behalf. This information must be provided to the Hearing Officer at least ten (10) calendar days prior to the Hearing. The list shall contain the following:
Each party will be responsible for notifying his/her, its witnesses of any changes regarding the hearing process and any changes therein.
The presiding Hearing Officer may clear the hearing room of witnesses not under examination.
The presiding Hearing Officer shall have the authority to maintain the decorum of the hearing and shall take reasonable steps to do so when necessary, including clearing the hearing room of any person who is disruptive.
During the Administrative Grievance Hearing, the presiding Hearing Officer shall hear or receive evidence on its case in chief. The appealing party shall follow in presenting the same.
In the Appeal Process, the burden of proof shall be on the MDHS/DFCS.
If there is a withdrawal of the appeal by the appealing party, the appealing party must be required to furnish evidence of the reasons for the withdrawal to the presiding Hearing Officer in order for the appeal to be dismissed.
In order to preserve the record of the hearing, the Hearing Officer will make an electronic recording of the hearing.
After all evidence is heard or received, and the hearing is complete, the presiding Hearing Officer shall, within thirty (30) days of the hearing, prepare and file a written findings of facts with a recommended decision and forward same to the Director, DFCS, who shall make the final decision as to whether the denial, suspension, probation, or revocation is sustained. The decision shall be in writing and shall contain findings of fact and rulings of licensure standards and law, and shall be mailed to each party or when a party if represented by an attorney to his/her attorney by Certified U.S. Mail, Return Receipt Requested. The decision of the Director is final and binding.
18 Miss. Code. R. 6-1-A-II-IV