CDSS has issued instructions about administrative hearings in the Resource Family Approval (RFA) program. RFA is a unified process for licensing foster family homes, approving relatives and non-relative extended family members as foster care providers, and approving adoptive families. AB 403 amended Welfare and Institutions Code Section 16519.5 to create a right to a state hearing to appeal a county action denying or rescinding a RFA or criminal records exemption, or CDSS’ action to exclude an individual from a resource family. A resource family parent, applicant or associated person will have the right to a state hearing to challenge application denial, rescission of approval, exemption denial or approval, or exclusion. Such a hearing must be requested within 25 days of service of a notice of action, or 30 days if the notice is mailed.
Disputes regarding submission of an alleged severe neglect or child abuse incident to the Child Abuse Central Index are submitted to the county and there is not state hearing jurisdiction for these disputes. There is also no right to a state hearing regarding decisions to remove or place a foster child and those disputes can be submitted to the county grievance procedure.
Cases where a county denies a relative or non-relative extended family member approval to provide foster care and approval is requested prior to December 31, 2016 will continue to have the right to a state hearing under the court order in Harris v. California Department of Social Services.
Hearings will occur before either the California Department of Social Services State Hearings Division or the Office of Administrative Hearings. For a description of the issues that are heard by the California Department of Social Services State Hearings Division or the Office of Administrative Hearings see Resource Family Approval Program Written Directives Version 3 at pp. 79-81. (ACL 16-110, December 19, 2016.)