Current through Register Vol. 54, No. 16, April 20, 2024
Section 3130.62 - Parent appeals and fair hearings(a) The county agency shall provide to the parents, along with a copy of the family service plan and, if applicable, placement amendment, a written notice of their right to appeal the following to the Department's Office of Hearings and Appeals: (1) A determination which results in a denial, reduction, discontinuance, suspension or termination of service.(2) The county agency's failure to act upon a request for service with reasonable promptness.(b) The notice shall include a statement of the parents' right to be represented by an attorney or other representative and the name and address of the local legal services agency.(c) In addition to the written notice, the county agency shall notify the parents of children who are under the jurisdiction of the court in writing of their right to petition the court regarding an action of the county agency affecting their children.(d) If parents wish to appeal, they shall submit a written appeal to the county agency postmarked no later than 15 calendar days from the date of the written notice from the county agency.(e) Upon receipt of the parent's appeal, the county agency shall date-stamp the appeal and submit it, along with the proposed family service plan and placement amendment and court orders involving the parents and the child, to the Department's Office of Hearings and Appeals, within 5 working days. The Office of Hearings and Appeals has the exclusive authority to grant or dismiss the appeal for failure to file in a timely manner.(f) During an appeal procedure, the most current family service plan and placement amendment as approved by the county agency remains in effect.(g) In appeal proceedings, the county agency has the burden of proving by clear and convincing evidence that the challenged term is necessary to achieve the goals of the service plan.(h) The hearing examiner shall make a recommendation to the director of the Office of Hearings and Appeals. The director shall enter an order that is binding upon the parties to the proceeding. If the order requires a change in the plan, the county agency shall comply with the director's order.(i) This chapter does not supersede the authority vested by law in the State courts. The director of the Office of Hearings and Appeals has no authority to issue a ruling modifying a term of a service plan which has been specifically approved or ordered by a court of competent jurisdiction.The provisions of this § 3130.62 amended January 23, 1987, effective 1/24/1987, 17 Pa.B. 392.The provisions of this § 3130.62 amended under Articles II, VII, IX and X of the Public Welfare Code (62 P. S. §§ 201-211, 701-774, 901-922 and 1001-1080).
This section cited in 55 Pa. Code § 3130.68 (relating to visiting and communication policies).