A New Series on the Negotiation of Adoption Assistance in Ohio, Part 8
State Administrative Hearings
State Administrative Hearings
The Code of Federal Regulations at 45 CFR 205.10 grants appeal rights to applicants and recipients who are denied federal benefits, including adoption assistance. Appeals are conducted through administrative hearings. Adoption assistance appeals involve disagreements over the amount of assistance, as well as denials of eligibility for the program. In Ohio, mediation is limited to disputes over the negotiation of adoption assistance agreements. Eligibility issues involve more clearly defined questions of fact and are always decided by hearings.
As we noted previously, parents contesting the amount of adoption assistance can skip mediation and go straight to a hearing. But, as we also pointed out, when parents prevail at a hearing and their appeal is sustained, the hearing officer orders negotiations to resume. Hearings do not establish the correct amount of adoption assistance that both parties must accept. For this reason, mediation is usually the best first step in trying to resolve the dispute. Parents still have the right to a hearing if the mediation fails.
Agency Responsibility for Communicating Hearing Rights
When an agency denies a request for adoption assistance, it must provide “adequate notice” to the parents in writing. In accordance with OAC 5101:2-6-2-03 (A) (1) adequate notice includes the following:
(a) A clear and understandable statement of the action the agency has taken and the reasons for it.
(b) Citations of the applicable regulations.
(c) An explanation of the individual's right to and the method of obtaining a county conference and a state hearing.
(d) A telephone number to call about free legal services.
Agencies are to provide adequate notice to applicant parents on the JFS 07334 "Notice of Denial of Your Application for Assistance," form or an equivalent provided by the Ohio Department of Job and Family Services.
See also the Code of Federal Regulations at 45 CFR 205.10 (a) (4)
What Are Hearings Like?
The overriding issue at state administrations is “whether the agency's action or inaction was in accordance with applicable regulations.” (OAC 5101:6-6-02).
Hearings are relatively informal. The formal rules of evidence featured in trials do not apply to state administrative hearings dealing with adoption assistance issues.
Hearings are conducted remotely via telephone or some other medium.
Hearings are presided over by hearing officers who are employees of the Ohio Department of Job and Family Services. Most are not attorneys and their caseloads are not limited to adoption assistance, but include a variety of other benefit programs such as Medicaid and SNAP (food stamps).
Parents may be represented by an attorney, an “authorized representative” non-attorney, or may represent themselves.
The agency presents its case first. The hearing officer and the parents or their representative may then pose questions to the agency representative.
The parents and/or their representative then make their presentation.
In accordance with OAC rule 5101:6-6-02 (B) (1), “The individual and representative shall have the opportunity to present their case in their own way.” They may read a statement and introduce evidence along the way, submit documentation as “hearing exhibits,” and call witnesses.
The appellant parents may also ask that the hearing record be left open for a short period of time, to allow them to submit additional evidence.
The hearing officer does not render a decision immediately following the hearing, but issues a written decision, usually within a few weeks.
Either party may request an administrative appeal if the hearing decision goes against them. The administrative appeal does not involve another hearing, but rules on the basis of written arguments submitted by the parties. Administrative appeal reviewers are attorneys in the Legal Section of the Ohio Department of Job and Family Services (ODJFS).
The final step in the appeal process is a petition for judicial review by the local Court of Common Pleas. This is a lengthy process and requires the appellant to secure legal counsel. I know of parents who have succeeded in securing a favorable judicial review decision, but the decision to pursue a judicial review should not be taken lightly.
Suggestion
Hearings addressing disputes over the amount of adoption assistance, often come down to a basic question. In reaching its decision, did the agency give sufficient consideration to child’s most important needs and the parents circumstances?
Since there are no statewide adoption assistance rate schedules or formulas this can be a difficult question to answer. I am aware of a case in which the parents lost because the hearing officer determined they did not support their argument for a higher adoption assistance payment with specific information concerning their child’s needs and family circumstances.
An Informal Monthly Budget
The appellant parents are frequently trying to show that the agency did not give sufficient consideration to their situation. In such cases, it might be helpful to submit an informal monthly budget that illustrates their child’s needs and family circumstances.
Ask yourself, how can I clearly illustrate our need for monthly adoption assistance? The budget might include the following categories.
General family expenses (food, shelter, utilities, mortgage, car payments, child care, etc).
Expenses related to the adoptive child’s special needs (therapies, programs, treatment, travel expenses, etc)
Income from employment outside the home.
Lost income from leaving a job to care for the adoptive child.
The loss of foster care payments that would be replaced by significantly lower adoption assistance payments with adoption.
Add a narrative that explains your situation. For example:
What impact does one parent leaving a job have on the need for adoption assistance?
What impact will the end of foster care payments have on family resources?
How do the child’s current and anticipated care needs affect the need for adoption assistance?