Okla. Admin. Code § 340:75-15-128.6

Current through Vol. 42, No. 4, November 1, 2024

Section 340:75-15-128.6 - Denial and fair hearing

(a)Notice of intent to deny adoption assistance. The application for adoption assistance may be denied when the child does not meet eligibility criteria. Form 04AN003E, Notice of Intent to Deny Adoption Assistance, is sent to the adoptive parent by certified mail.

(b)Additional review. The adoptive parent is given 30-calendar days from receipt of notice of intent to deny to provide additional information or documentation that might affect the approval of the original application. When the adoptive parent provides additional information, the application is reviewed by the Adoption Assistance Review Committee (Committee). When the Committee denies the application, the parent is notified on Form 04AN004E, Final Notice of Denial of Adoption Assistance, by certified mail.

(c)Fair hearing request.

(1) A fair hearing may be requested, per Oklahoma Administrative Code 340:2-5-91, by any adoptive parent, whose:

(A) application for adoption assistance was:

(i) denied or not acted upon with reasonable promptness; or

(ii) approved in an amount less than requested; or

(B) Form 04AN002E, the Adoption Assistance Agreement, was:

(i) modified without the adoptive parent's concurrence; or

(ii) terminated by the Oklahoma Department of Human Services (DHS).

(2) The adoptive parent may request a fair hearing, when he or she received Form:

(A) 04AN003E and does not have additional information or documentation to submit for further consideration; or

(B) 04AN004E.

(3) The request for a fair hearing is submitted in writing to DHS using Form 13MP005E, Resource Family Request for a Fair Hearing, within 30-calendar days of the date of receipt of Form:

(A) 04AN003E; or

(B) 04AN004E, when a review of denial process is requested.

Okla. Admin. Code § 340:75-15-128.6

Added at 18 Ok Reg 3322, eff 6-19-01 (emergency); Added at 19 Ok Reg 1129, eff 5-13-02; Amended at 20 Ok Reg 302, eff 12-5-02 (emergency); Amended at 20 Ok Reg 921, eff 5-12-03; Amended at 24 Ok Reg 1044, eff 6-1-07

Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/17/2018