ESTABLISH ORDER

CS 1371P CIC Children in Care Case Preparation for Administrative Hearing

6/99 Revised 02/16/06 Training Completed 02/15/06

UCA 78-45-4.2

 

NOTE: CIC-specific procedures contained in this section.

 

Procedures


When it is appropriate to refer a case to the Office of Administrative Hearings (OAH), use the Administrative Hearing Check List as a guideline in preparing the case for the hearing. 

 

The Presiding Officer is responsible for completing the steps listed in the form and submitting the form with the hearing request and associated documents to the OAH.

 

1.                  The Presiding Officer ensures that the documents required as evidence in the hearing are complete and up-to-date.  They will be submitted as evidence at the hearing.  Documents required at a hearing are listed below.

 

a.                   A copy of the juvenile court order with ORS support language for the time period in question.

b.                  A copy of the child’s placement history.

c.                   A copy of the “Financial Statement.”

d.                  Evidence of the respondents’ ability to provide support (employment verification, verification of earnings, state tax records, etc.).

e.                   Copies of any and all existing orders relating to the child support obligation while the child was in state care.  NOTE:  For all administrative hearing orders, round the child support amount for the child in care to the nearest dollar. 

f.                    A copy of the DCFS/DJJS Placement History sheet. 

g.                   Any other necessary documentation to prove the State’s case (i.e., accounting records to show retained support, etc.)

h.                   If applicable, a copy of a statement from the employer or insurance company verifying that insuring the child would exceed the maximum allowable benefits.  Submit this evidence when the respondent(s) is or was receiving adoption assistance for the child in care.

 

2.                  Once the administrative hearing is granted and scheduled by OAH, the case will be assigned to a Presiding Officer who will prepare and present the State’s evidence at the hearing.  The Presiding Officer is responsible for notifying any witnesses (such as the Presiding Officer who originally worked on the case) by phone or sending a letter informing them of the time and place of the hearing and confirm their attendance.  Witnesses who are not a party to the action shall be reimbursed the same amount as if they were appearing in District Court. Contact the clerk of the District Court for current rates for witness fees.

3.                  If the respondent is represented by an attorney, it may be appropriate to have an AG present at the administrative hearing.  The manager should be consulted before an AG is asked to attend a hearing.  The Presiding Officer who will be attending the hearing is responsible for confirming the hearing date and time with the AG, and for scheduling a pre-hearing meeting to review the case.

 

4.                  The Presiding Officer is responsible for providing a copy of the evidence to the OAH and the respondent.  If the hearing is going to be held telephonically, mail the “Telephonic Hearing Cover Letter” to the OAH Hearing Officer and the “Telephonic Hearing Obligor Cover Letter” to the respondent’s last known address with copies of all documents that you plan to submit as evidence.  Mail all documents at least 14 days prior to the date of the hearing.  Even documents that were submitted to OAH as part of the hearing request must be provided to all parties in order to be considered as evidence presented during the hearing.  Documents presented to OAH outside of the hearing may not be considered during the hearing and documents may not be presented as evidence after the hearing.

 

NOTE:  OAH may be able to conduct telephone hearings with prison inmates, depending on the willingness of the prison to facilitate the hearing.  Send OAH the hearing request and information about the respondent and his/her inmate number, and OAH will contact the prison to try to have the hearing approved.  Jails normally do not allow hearings unless they are holding a long-term inmate under contract for the prison. 

 

5.                  If the respondent has requested that his/her information be safeguarded, clearly mark all documents being submitted to OAH.   

 

Dismissing a Hearing Request

 

If the case circumstances change before the scheduled hearing and an administrative hearing is no longer appropriate, you must send the “Motion to Dismiss Request” to OAH, wait for OAH to approve or deny the Motion to Dismiss, then proceed with the next appropriate action on the case.  Examples of reasons to send the dismissal request may include:

 

1.         an adoption took place while waiting for the hearing;

 

2.         a respondent provided genetic test results showing he was not the father while waiting for the hearing; or,

 

3.         the parents file a judicial action while waiting for the hearing.

 

NOTE:  By forwarding a Request for Hearing to the OAH, CIC transfers responsibility to the OAH to appoint an Administrative Hearing Officer (AHO) or an Administrative Law Judge (ALJ) to act as Presiding Officer at an administrative hearing and CIC employees return to an advocate role.  Once a hearing request has been forwarded to OAH, it is no longer appropriate for the agent to finalize a stipulation with the respondents.  If the respondents wish to stipulate after the OAH request, the Presiding Officer appointed by OAH must approve any stipulations.