Section 337.40 Department and Provider Agency Responsibilities on Appealable Issues

Section 337

Section 337.40  Department

and Provider Agency Responsibilities on Appealable Issues

The Department or provider

agency which made the decision, or intends to take the action being appealed,

shall be responsible as follows.

a)         When the Department is the service provider, the Department's

responsibilities are to:

1)         provide timely and adequate notice as required in Section

337.90 of this Part;

2)         make a determination whether the children are in imminent risk

of harm;

3)         provide continuing services when there is a stay of action and

reinstate services when the decision is made to do so;

4)         within 15 calendar days from the date of appeal, prepare and

submit to the Administrator of the Administrative Hearings Unit and the

appellants a written summary of the intended action or action already taken.

Such summary shall include a statement and specific citation of the law or

policy, reasons for the action, and a summary of the facts supporting the

action;

5)         make available to the appellant the documents considered or

created in taking the action(s) or reaching the decision(s) under appeal;

6)         provide, at the hearing, a staff person who is familiar with

the case and proposed action(s) or decision(s) being appealed; and

7)         arrange for transportation or a telephone conference to ensure

the child's participation or presence at the proceeding, if a child for whom

the Department is legally responsible will participate in or attend any part of

the appeal process.  The Department shall bear the cost of the transportation

or the telephone conference

e and proposed action(s) or decision(s) being appealed; and

7)         arrange for transportation or a telephone conference to ensure

the child's participation or presence at the proceeding, if a child for whom

the Department is legally responsible will participate in or attend any part of

the appeal process.  The Department shall bear the cost of the transportation

or the telephone conference.

b)         When the provider agency is the service provider, the provider

agency's responsibilities are to:

1)         provide timely and adequate notice as required in Section

337.90 of this Part;

2)         provide continuing services when there is a stay of action and

reinstate services when the decision is made to do so;

3)         obtain a determination from the Department whether the

children are at imminent risk of harm;

4)         conduct a review of the action(s) taken or decision(s) made

prior to the emergency review or mediation.  Such agency review shall be

conducted by an administrator of the provider agency;

5)         within 15 calendar days from the date of appeal, submit to the

Administrator of the Administrative Hearings Unit and the appellants a summary

of the outcome of the review.  Such summary shall include a statement and

specific citation of the law or policy, reasons for the action, and a summary

of the facts supporting the action;

6)         provide to the Department all information and records

pertinent to the action(s) or decision(s) under appeal;

7)         make available to the Department and the appellant the

documents considered or created in reaching the decision(s) under appeal;

8)         provide, at the hearing, a staff person who is familiar with

the case and action(s) or decision(s) being appealed; and

9)         arrange for transportation or a telephone conference to ensure

the child's participation or presence at the proceeding, if a child for whom

the Department is legally responsible will participate in or attend any part of

the appeal process

s) under appeal;

8)         provide, at the hearing, a staff person who is familiar with

the case and action(s) or decision(s) being appealed; and

9)         arrange for transportation or a telephone conference to ensure

the child's participation or presence at the proceeding, if a child for whom

the Department is legally responsible will participate in or attend any part of

the appeal process.  The provider agency shall bear the cost of the

transportation or the telephone conferences.