110 CMR 10.07 - Disallowed Grounds for Appeal

No matter except those listed in 110 CMR 10.06 may be the subject of a Fair Hearing. Without limiting the generality of the foregoing, the following are specifically among the matters for which there is no right to a Fair Hearing.

(1) When the only reason for the Department's failure to grant a request for services or increased services, or for the Department's reduction or termination of services, is the unavailability of funds, or the unavailability of a particular service, there is no right to a Fair Hearing if:

(a) services are authorized on a first come-first serve basis unless the Appellant submits an offer of proof that other individuals received the services before them although their application was received later than that of the Appellant. The Appellant may submit such offer of proof with the request for the Fair Hearing or upon request of the Hearing Office; or

(b) the reduction or termination is applied uniformly to all recipients of the particular service in that area office, unless the Appellant submits an offer of proof that such reduction or termination was not applied uniformly to all recipients of the particular service in that area office. The Appellant may submit such offer of proof with the request for the Fair Hearing or upon request by the Hearing Office.

(2) A decision by the Department that a particular person, or that person's home, is not eligible to apply to become a foster/pre-adoptive parent for the Department, in accordance with 110 CMR 7.100: Eligibility and Recruitment of Foster Parent and Pre-adoptive Parent Applicants.

(3) A decision by the Department not to continue its comprehensive assessment for a foster/pre-adoptive parent when the Department has obtained new information, which if known at the time of the initial eligibility screening process, would have excluded the individual from applying to become a foster/pre-adoptive parent, as set forth at 110 CMR 7.100: Eligibility and Recruitment of Foster Parent and Pre-adoptive Parent Applicants.

(4) A decision to remove a child from a foster/pre-adoptive home when

(a) a child specific or kinship family is not approved, or when a child specific or kinship family is not reapproved following a limited or annual reassessment or a licence renewal study in accordance with 110 CMR 7.113: Reassessment of Foster/Pre-adoptive Parents and Foster/Pre-adoptive Homes; or

(b) a licensed foster or pre-adoptive parent whose license is revoked, or is not renewed following a limited or annual reassessment, or license renewal study, in accordance with 110 CMR 7.113: Reassessment of Foster/Pre-adoptive Parents and Foster/Pre-adoptive Homes.

Notes

110 CMR 10.07