§ 3700.72. Foster family approval appeals.

 (a)  The FFCA shall give written notice to each applicant of its decision to approve, disapprove or provisionally approve the foster family. The written notice shall inform the foster parents that they may appeal the FFCA’s decision to disapprove or provisionally approve the foster family.

 (b)  Foster parents who wish to appeal an FFCA decision to disapprove or provisionally approve the foster family shall submit to the FFCA a written appeal. The appeals are subject to 2 Pa.C.S. § §  501—508 and 701—704 (relating to Administrative Agency Law) and 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure).

 (c)  Appeals related to the Department’s approval shall be made by filing a petition within 30 days after service of notice of the action.

 (d)  Upon receipt of the foster parent appeal, the FFCA shall date stamp the appeal. The FFCA shall review the appeal and determine if steps can be taken to resolve the appeal without a hearing. If, after considering the appeal, the FFCA is unable to resolve issues of disagreement, the appeal shall be sent to the Office of Hearings and Appeals, Post Office Box 2675, Harrisburg, Pennsylvania 17105 within 15 calendar days of the date stamp.

 (e)  Subsection (c) supersedes the appeal period of 1 Pa. Code §  35.20 (relating to appeals from actions of the staff).

Authority

   The provisions of this §  3700.72 amended under Articles II, VII, IX and X of the Public Welfare Code (62 P. S. § §  201—211, 701—774, 901—922 and 1001—1080).

Source

   The provisions of this §  3700.72 amended January 23, 1987, effective April 24, 1987, 17 Pa.B. 392; amended October 3, 2008, effective November 3, 2008, 38 Pa.B. 5435. Immediately preceding text appears at serial pages (257555) to (257556).

Notes of Decisions

   Timeliness

   Trial court did not err when it determined that grandmother was disqualified as a foster parent and placement resource for children in child dependency proceeding; grandmother did not appeal court’s decision to affirm removal of child from her home until nine months after decision rather than within the 30 days required by regulation. In Re D.S., 979 A.2d 901, 905-906 (Pa. Super. 2009).



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