What are some Details of Fair Hearing?

 A Fair Hearing is under 110 CMR 10 210.36.  The purpose is in part for the consumers to allow foster care providers pre-adoptive and adoptive parents the Fair Hearing under that section.

For biological parents they can request a Fair Hearing under 110 CMR 6.12.  For the biological parents they can request a Fair Hearing if DCF is trying to suspend, reduce or terminate services.  There is something about monetary aspects in terms of fees and failing to follow its regulations which result in substantial harm to the recipient.

Foster parents and applicants to be a foster parent can request a Fair Hearing.  If DCF denies the application to become a foster parent in most circumstances decides not to approve the foster parent as a legal guardian or pre-adoptive placement for a child who has been in his/her care for at least 6 months decides to remove a child from the foster home; except if the child is to be placed back with his/her parents or an approved pre-adoptive home, legal guardian and there are some other exceptions as well.  Decides to close the foster home or fails to follow through with its regulations are just some examples of where Fair Hearing can be requested and can take place.

What if I do not Speak English and wanted to have a Fair Hearing and understand what is going on?

You are entitled to have DCF give you an interpreter for a Fair Hearing, but you must tell them in your letter to the Fair Hearing Officer.  Let them know the language you speak and give them enough notice to get an interpreter available.

What is the Office Hobbs Budsman in a DCF Case?

DCF has an office of Hobbs Budsman and this helps parents or guardians who feel that DCF has not treated them appropriately or fairly.  You need to try and resolve it with your local DCF office first. The phone number is (617) 748-2444 for the Hobbs Budsman.