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STATE HEARING DECISION - OHIO
County LICKING
District Hearings Section COLUMBUS
Assistance Group Name: KAREN HOLT
Place of Hearing: LICKING CDHS
Initial Hearing Date: 07/09/2002
Appellant/Representative:
KAREN HOLT
PO BOX 36 65 MAIN STREET
ALEXANDRIA, OH, 43001-0000
Appellant Representation: Karen Holt; Timothy 0'Hanlon, friend/representative
Local Agency Representation: Ruth Robson, Licking County Public Children Services
Agency (PCSA)
Date Received by ODHS: 06/21/2002
Date Scheduling Notice Mailed: 06/28/2002
Appeal Number(s)/Program(s) 1073896/IVE
Applicable policy requires that the Public Children Services Agency (PCSA) present sufficient evidence at the hearing in order to substantiate its action or inaction. On 6-20-02, the Licking PCSA mailed a letter to the appellant indicating that the Licking PCSA is denying the appellant's application for Reimbursement of Nonrecurring Adoption Expenses. Given that there is no definitive evidence presented to the contrary, this Hearing Officer finds that the PCSA has not shown by preponderance of the evidence that its action or inaction is in accordance with ODJFS rules, as the PCSA has not provided correct notice. Thus, this Hearing Officer concludes that the PCSA's action or inaction is not supported and is not correct. Therefore, this Hearing Officer recommended that the appeal (number 1073896) be SUSTAINED.
LJH
Appeal(s) SUSTAINED 1073896
Date Issued 08/01/2002
Compliance 1073896
Page 2 of 4 STATE HEARING DECISION CONTINUATION
Appeal Number(s) 1073896
1. The Ohio Department of Jobs Family Services (ODJFS), Bureau of State Hearings (BSH) received the hearing request on 6-21-02 and identified 6-21-02 as the official hearing request date. The BSH assigned the following appeal number to the hearing request: 1073896 (IVE).
2. The Columbus Hearing Section (CHS) received the hearing request; however, there is no CHS date stamp. And, the CHS generated a State Hearing Scheduling Notice on 6-28-02. The state hearing was scheduled for and heard on 7-9-02.
3. The 7-9-02 state hearing was conducted as a face to face with the appellant and friend/representative. The PCSA representative participated in the hearing by way of telephone. A PCSA appeal summary was received.
4. This Hearing Officer allowed the hearing record to remain open to allow the appellant's friend/representative the opportunity to provide additional information. And, the additional information was received.
Undisputed Facts
1. On 6-20-02, the Licking PCSA mailed a letter to the appellant indicating that the Licking PCSA was denying the appellant's application for Reimbursement of Nonrecurring Adoption Expenses.
2. The appellant requested a state hearing in writing and attached the 6-20-02 letter from the Licking PCSA to the written hearing request.
Disputed Facts
1. None
Page 3 of 4 STATE HEARING DECISION CONTINUATION
Appeal Number(s) 1073896
1. Ohio Administrative Code (OAC) section 5101:6-7-02(C)(l)(c) states, in relevant part, that it shall be the responsibility of the agency to show by a preponderance of the evidence that its action or inaction was in accordance with ODJFS rules.
2. The following regulations set forth the requirements of human services programs for providing hearing rights and procedures and correct notice: Ohio Revised Code (DRC) 5101:35; OAC 5101:6-1-01 to 5101:6-9; OAC 5101:6-3-01.
Policy requires that the PCSA present sufficient evidence at the hearing in order to support its action or inaction. The facts presented at the hearing reveal that the 6-20-02 letter by PCSA does not contain the content (e.g., right to and method of obtaining a local agency county conference and state hearing, telephone number to call about legal services, time frames for requesting a state hearing, authorized representatives) of state hearing notices mandated by OAC chapters 5101:6-1 to 5101:6-9. Given that there is no definitive evidence presented to the contrary, this Hearing Officer finds that the PCSA has not shown by a preponderance of the evidence that its action or inaction is in accordance with ODJFS rules. And, this Hearing Officer further finds that the 6-20-02 letter does not constitute correct, proper notice. Thus, this Hearing Officer concludes that the PCSA action or inaction is not supported and is not correct.
Based on the record before me, I find the appeal number 1073896 should be SUSTAINED.
The Licking PCSA shall redetermine eligibility and provide correct, proper notice as mandated in OAC 5101:6-1 to 5101:6-9.
Finding the hearing officer's decision to be support by the evidence, the recommendations above are adopted. Appeal number 1073896 is SUSTAINED.
COMPLIANCE IS REQUIRED: OAC section 5101:6-7-03(B)(l)(a).
Page 4 of 4 STATE HEARING DECISION CONTINUATION
Appeal Number(s) 1073896
Agency Exhibits
A. Appeal summary and attachments
Appellant Exhibits
A. Ruben Lopez, Hearing/Authority
Date Issued: 08/01/2002
PCSA-LICKING
LICKING PCSA
74 SOUTH SECOND STREET
P.O. BOX 5030
NEWARK, OH, 43058-5030