The perpetrator or Department for Children and Families, may appeal the decision of the Administrative Hearing Officer to the State Appeals Committee (SAC).
K.A.R 30 – 7– 78 empowers the Secretary to appoint a State Appeals Committee comprised of three (3) impartial persons to review the initial orders entered by the Presiding Officers.
Either DCF or the appellant may petition the State Appeals Committee. The petition for review by the SAC shall be filed within 15 days plus the additional 3 days, if the decision of the hearing officer was mailed. If the filing deadline falls on a weekend, the time to file is extended to the first working day following the weekend. The party appealing bears the cost of having a transcript prepared of the hearing. If an alleged perpetrator appeals to State Appeals Committee and the hearing was handled by the APS Specialist at the original hearing, a regional staff attorney shall be notified immediately to represent the agency.
The decision of the State Appeals Committee constitutes a final order of the agency and may not be appealed by DCF.
See PPM 10345 for actions after final order.
The alleged perpetrator has 30 days from the date the SAC decision is mailed to them to request a review of the decision by the District Court. By statute, an additional three (3) days for mail delivery time shall be added to the time allowed to file the request.
Only the alleged perpetrator may appeal to District Court. The appeal is docketed in the District Court and the assigned judge will handle the scheduling and briefing of the case.
A decision of the District Court is final after 33 days have passed from the date the decision was mailed to the alleged perpetrator and neither DCF nor the alleged perpetrator has filed an appeal of the decision to the Kansas Court Appeals.
See PPM 10345 for actions after final order.
Either party, DCF or alleged perpetrator, can appeal the District Court decision to the Kansas Court of Appeals. The appeal must be filed within 33 days from the date the District Court decision was mailed to alleged perpetrator and DCF.
The appeal is docketed in the Clerk of the Appellate Court and the assigned Court of Appeals panel will handle the scheduling and briefing of the case.
A decision of the Kansas Court of Appeals is final after 33 days have passed from the date the decision was mailed to alleged perpetrator and DCF and neither party has filed an appeal of the decision to the Kansas Supreme Court.
See PPM 10345 for actions after final order.
Either party can appeal the Kansas Court of Appeals decision to the Kansas Supreme Court. The appeal shall be filed within 33 days from the date the decision of the Kansas Court of Appeals was mailed to alleged perpetrator and other parties.
The Kansas Supreme Court will issue a written decision.
See PPM 10345 for actions after final order.