10331 Agency Response to a Request for Fair Hearing
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10331 Agency Response to a Request for Fair Hearing

 

Department for Children and Families (DCF) Adult Protective Services (APS) process for reviewing notifications of requests for fair hearing submitted by the alleged perpetrator. The agency shall review the request and reconsider its decision on the substantiated finding before proceeding with the appeal hearing. The agency may amend or change its action or decision before or during the appeal hearing.

  1. Reviewing Request for Fair Hearing:
  1. Each Region shall designate a reviewer. The designated reviewer shall be a Regional Attorney or designee.  The Regional Attorney or their designee shall provide a recommendation to the APS Protection Specialist as to whether to uphold, modify, or reverse the action in question. 
  2. If the request for a fair hearing has been filed timely, the APS Protection Specialist shall provide a copy of the request to the Regional Attorney or designee. 
  3. The Regional Attorney or their designee shall promptly notify the APS Protection Specialist in writing of their recommendation. 
  4. The APS Protection Specialist and Supervisor, taking into consideration the recommendation of the Regional Attorney or their designee, shall review the investigation record, including the finding, to determine if facts warrant upholding, modifying or reversing the original finding.      

 

  1. If the agency decision is modified or reversed, the APS Protection Specialist or designee shall:

 

    1. Send an amended Notice of Agency Decision (PPS 10300) to:
      1. the Alleged Perpetrator,
      2. Law Enforcement,
      3. Abuse Neglect and Exploitation (ANE) and Medicaid Fraud and Abuse Division (MFCU) Units of the Attorney General Office, and
      4. Quality Management Specialist mailbox: KDADS.CSSPRC@ks.gov or KDADS.MHPRCReports@ks.gov.
    2. Notify the Involved Adult and/or guardian /conservator (if applicable) of modified agency decision using the PPS 10320B. 
    3. If applicable, send an amended PPS 10340 to the chief administrative officer of the KDADS licensed agency/facility at which the ANE occurred.
    4. If applicable, send an amended PPS 10340 to the nursing home administrator at which the involved adult is a resident of during the investigation.
    5. Notify the Regional Attorney or designee of the decision to modify or reverse original agency finding.
    6. Notify PPS Administration ONLY when there has been a reversal of a substantiated finding made on an Alleged Perpetrator who works, resides, or volunteers in a foster home regulated by DCF.
      1. Notification shall be made by e-mailing the amended PPS 10300, the PPS 10100 and 10110 to the following:
        1. Assistant Regional Director
        2. Regional Attorney,
        3. APS APA,
        4. APS Supervisor,
        5. APS Program Administrator, and
        6. DCF Critical Incident mailbox, DCF.CriticalIncident@ks.gov


Indicate in the subject line of the email “this is a reversal of substantiated finding on a person who works, resides, or volunteers in a foster home regulated by DCF.”

    1. Upload a copy of any amended PPS 10300, 10320B, and 10340’s along with all notices sent to the above applicable parties to the investigation record.

 

  1. Regional Attorney staff or designee shall submit a written report to the Office of Administrative Hearings: 
    1. The appeal shall remain pending until the Appellant submits a signed, written statement withdrawing the appellant's request for fair hearing. If the Appellant fails to timely submit a signed, written statement withdrawing the request for fair hearing, the hearing officer may dismiss the request for fair hearing.

 

  1. If the agency decision is upheld, and the request for fair hearing was filed timely, the APS Protection Specialist or designee shall:  

 

  1. Prepare the appeal summary which has been ordered by the Administrative Hearing officer. 
  2. Upload one copy of the appeal summary and attachments to  the OAH e-filing system https://oah.ks.gov/Account/Login Presiding Officer and mail one copy of these documents to the Appellant or their representative if they have not signed up in the OAH e-filing system within fifteen (15) days of receipt of the fair hearing request.
  3. Provide a copy of the appeal summary and attachments to the Regional Attorney if applicable. 
  4. Scan a copy of the appeal summary, into the notes section of the investigation record along with any additional documentation throughout the appeal period. 
  5. Continue to monitor the OAH e-filing system for uploaded documentation and communication regarding the status of the appeal throughout the appeal process.