Section 465IAC2-15-19. Administrative review of certain determinations

   (a) This section applies to any of the following determinations by the department under this rule:

(1) A determination by a local office director under section 9(d) of this rule that an applicant for OYFC services is ineligible, based on failure to meet an eligibility requirement specified in section 8 of this rule.

(2) A denial of an application for OYFC services, as provided in sections 10 and 11 of this rule, for any reason specified in section 14 of this rule.

(3) A termination of OYFC services before expiration of the term of the placement agreement, for any reason specified in section 18 of this rule.

  (b) This section does not apply to any actions taken by the department under this rule, or any policies of the department that implement or relate to this rule, other than the actions described in subsection (a).

  (c) An older youth adversely affected by any department action described in subsection (a) may request an administrative review of that action by submitting to the director of the department, or to the director of the local office of the department in the county where the youth resides, a written complaint, in a form prescribed by the department. The complaint must include a statement of the specific reason or reasons why the older youth believes that the department's decision was erroneous. The local office will provide to an older youth, on request, the complaint form to be completed for purposes of a request for administrative review under this section.

  (d) A complaint under subsection (c) must be received by the department within thirty-three (33) days after the date of service on the older youth of written notice of the reviewable decision or determination. The notice must state the reason or reasons for the decision and the facts and circumstances on which the department relied in making its decision. For purposes of this subsection, "date of service" means the date the department or local office either personally delivered the notice to the older youth or deposited the notice in the United States mail addressed to the older youth at his or her current or last known residence address.

  (e) The department or local office will submit every complaint under this section that the department or a local office receives to the deputy director for programs and services, who will appoint a review panel for purposes of considering the complaint.

  (f) A review panel appointed under subsection (e) will consist of the following three (3) members:

(1) A local office director or family case manager supervisor in the department's service region, established under IC 31-26-6-4, in which the complainant resides;

(2) The regional manager of the service region in which the complainant resides, or another regional manager of the department if the regional manager of the complainant's service region participated in making the decision that is the subject of the complaint; and

(3) An independent living specialist employed by the department. All members of the review panel must be individuals who were not involved in making the decision or determination that is the subject of the complaint.

  (g) The review panel will review all documents identified by the complainant or staff of the department that were considered in making the decision or determination, and any other documents submitted by the complainant with the complaint that may be relevant to the issues presented by the complaint. The review panel may, and if requested by the complainant shall, provide an opportunity for an informal meeting with the complainant and one (1) or more representatives of the department who participated in the decision or determination, for the purpose of discussing the reasons for the decision or determination and the basis for the complaint.

  (h) The review panel may, in its discretion, receive and consider information or documents submitted by individuals other than the complainant, as requested or approved by the complainant or the department. However, the review panel will not hold a formal evidentiary hearing or receive testimony of witnesses.

  (i) Administrative review under this section of a termination notice based on a reason stated in subdivision (8), (9), (10), or (11) of section 18(a) [section 18(a)(8), 18(a)(9), 18(a)(10), or 18(a)(11)] of this rule is limited to an allegation of mistake of fact. If the review panel concludes that the facts stated in the termination notice are correct, the panel will affirm the termination for the reason or reasons stated in the notice. The decision of the panel under this subsection is final and is not subject to further review under this section.

  (j) After completing its review of the complaint and the relevant documents or information provided, the review panel will prepare and submit to the deputy director for programs and services a written report containing its findings, conclusions, and recommended decision concerning disposition of the complaint.

  (k) After receipt and review of the report of the review panel, the deputy director will send to the complainant a written decision concerning the disposition of the complaint. The decision of the deputy director:

(1) will state the relevant facts and conclusions; and

(2) except as otherwise provided in subsection (i), may affirm, modify, or reverse the decision or determination that is the subject of the complaint.

  (l) The decision of the deputy director will be issued not later than sixty (60) days after the date the department received the complaint, unless additional time for completion of the review and preparation of the decision is approved by the director of the department, based on extenuating circumstances.

  (m) The decision of the deputy director may be reviewed by the director of the department, upon written request submitted to the director by the complainant or local office director of the county where the complainant resides, within ten (10) days after the date of service of the decision. For purposes of this subsection, "date of service" means the date copies of the decision were deposited in the United States mail, addressed to the complainant at his or her last known place of residence and to the local office in the county of the complainant's last known residence.

  (n) The decision of the deputy director, or the decision of the director if a review by the director is timely requested under subsection (m), shall be the final action of the department regarding any administrative review conducted under this section. (Department of Child Services; 465 IAC 2-15-19; filed Dec 10, 2010, 10:25 a.m.: 20110105-IR-465090168FRA)