110 CMR, § 10.09 - Continuation of Service or Placement Pending Appeal
(1) The filing of a request for a Fair
Hearing shall not stay or otherwise affect the implementation of the challenged
decision, except as provided in 110 CMR 10.09.
(2) The filing of a request for a Fair
Hearing regarding a decision to deny services or to reduce the quantity of
services shall stay the effect of the challenged decision until after the final
decision of the agency is made pursuant to
110
CMR 10.00, provided further that the Appellant
continues to pay the pre-established fee, if any for the services in
question.
(3) The filing of a
request for a Fair Hearing regarding a decision to remove a child from a foster
or pre-adoptive placement shall stay the effect of the challenged decision
until after the final decision of the agency is made pursuant to
110
CMR 10.00. A decision to remove a child from a foster
or pre-adoptive placement on an immediate basis because the Director of Areas
or Regional Director has determined that the child's physical, mental, or
emotional well-being would be endangered by leaving the child in the foster
home, as provided by
110 CMR
7.116: Removal of Children from
Foster/Pre-adoptive Homes, shall not be stayed by the filing of a
request for a Fair Hearing regarding that decision.
(4) The filing of a request for a Fair
Hearing regarding a decision to close a recipient's Department case shall stay
the closure until after the final decision of the agency is made pursuant to
110 CMR.
(5) The filing of a
request for a Fair Hearing regarding a decision to suspend, reduce or terminate
an adoption or guardianship subsidy shall stay the suspension, reduction or
termination of the adoption or guardianship subsidy until the final decision of
the agency is made pursuant to 110 CMR unless the reason for the termination of
the subsidy is because the child reached 18 years of age and no request for an
extension of subsidy had been received by the Department before the
18th birthday, or the Young Adult reached 21 years
of age and qualifies for a Title IV-E subsidy or 22 years of age and qualifies
for a state subsidy.
Notes
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