Section 455. Fair hearings  


Latest version.
  • 1. Any person aggrieved by the decision of a
      social services official or an official of the office  of  children  and
      family services not to make a payment or payments pursuant to this title
      or  to  make  such payment or payments in an inadequate or inappropriate
      amount or the failure of a social services official or  an  official  of
      the  office  of children and family services to determine an application
      under this title within thirty days after  filing,  may  appeal  to  the
      office of children and family services which shall review the case, give
      such  person  an  opportunity for a fair hearing thereon, and render its
      decision within thirty days. The office of children and family  services
      may  also,  on its own motion, review any such decision made by a social
      services official or any case in which a  decision  has  not  been  made
      within  the  time specified. All decisions of the office of children and
      family services shall be  binding  upon  the  social  services  district
      involved  and  shall  be  complied  with by the social services official
      thereof.
        2. The only issues which may be raised in a fair  hearing  under  this
      section  are  (a) whether the social services official or an official of
      the office of children and family  services  has  improperly  denied  an
      application  for  payments  under  this title, or (b) whether the social
      services official or an official of the office of  children  and  family
      services  has  improperly discontinued payments under this title, or (c)
      whether the social services official or an official  of  the  office  of
      children  and  family services has determined the amount of the payments
      made or to be made in violation of the provisions of this title  or  the
      regulations  of  the  office of children and family services promulgated
      hereunder, or  (d)  whether  the  social  services  official  improperly
      refused to certify the individual preferred by a child for certification
      as the representative payee or improperly denied a request by a child to
      revoke  the  certification of a representative payee pursuant to section
      four hundred fifty-three of this title.
        3. When an issue is raised as to whether a social services official or
      an official of the department has improperly denied an  application  for
      payments  under  this title, the department shall affirm such denial if:
      (a) the child is not a hard to place child or a handicapped child or (b)
      there is another approved adoptive parent  or  parents  who  is  or  are
      willing  to  accept  the  placement  of  the  child in his or their home
      without payment under this title within sixty days of  such  denial  and
      placement  of  the  child with such other parent or parents would not be
      contrary to the best interests of the child.
        4. The provisions of subdivisions two and four of  section  twenty-two
      of  this  chapter  shall  apply  to fair hearings held and appeals taken
      pursuant to this section.