Arizona Child Safety Hearing Attorney | Lawyer for Child Safety Hearings in Arizona
The attorneys with Chelle Law can provide an Arizona Child Safety Hearing Attorney to represent individuals before the Arizona Office of Administrative Hearings (OAH). The Arizona Department of Child Safety (DCS) is a program overseen by the Arizona Department of Economic Security (DES). It has the responsibility of investigating allegations of abuse, exploitation and neglect of a child or children. When DCS investigates claims of abuse or neglect of a child/children this includes not providing a child’s food, shelter, safety, health care, physical or mental abuse by a parent or others with guardianship, etc.
DCS Central Registry for Abuse of Children
The Central Registry is a database which contains the name and date of birth of people with substantiated claims of abuse, neglect or exploitation of a child. The Registry also includes the nature of the allegation made, the date and description of the disposition.
Arizona Child Safety Investigation
Arizona Office of Administrative Hearings Attorney
The attorneys with Chelle Law can provide an Arizona Office of Administrative Hearings Attorney to represent individuals before the Arizona Office of Administrative Hearings (OAH). Arizona Professional Licensing Boards (Boards) issue licenses, registrations and certificates to professionals in Arizona. These Boards receive complaints and act to determine if there has been a violation of the law. Therefore, Boards will decide whether to issue any disciplinary action if they believe a violation has taken place. A licensee (of many Boards) can appeal the decision and request a hearing with OAH. Additionally, OAH also handles administrative appeals and hearings for many other Arizona State agencies (Agency) such as:
- Department of Insurance
- Arizona Health Care Cost Containment System (AHCCCS)
- Department of Child Safety (DCS)
- Adult Protective Services (APS)
- Department of Health Services (DHS)
- Registrar of Contractors (ROC)
- Department of Economic Security (DES)
- Division of Occupational Safety and Health (ADOSH)
- Department of Real Estate (ADRE)
- Division of Developmental Disabilities (DDD)
- Department of Education
Mediation Option for Litigants
OAH offers a voluntary mediation program to provide litigants with alternative dispute resolution in some cases. OAH offers mediation services to litigants in Registrar of Contractors and Arizona Division of Occupational Safety and Health (ADOSH) cases. The mediation option provides an avenue to avoid the litigation process and settle prior to a hearing.
Agency and Licensing Board Disciplinary Actions
When a complaint has been investigated and it is determined that disciplinary action is necessary, the Board or Agency will move forward to implement the disciplinary action. This could include a letter of reprimand, probation, decree of censure, denial, civil penalties, suspension or revocation. An Agency may also make a decision that negatively effects the rights of the person. For example: a denial of insurance benefits, a substantiated claim of child or abuse abuse, the removal of a health care facility license. The individual or facility has the right to appeal and request an administrative hearing before the Office of Administrative Hearings.
AHCCCS Fair Hearing
An AHCCCS Fair Hearing Attorney may be necessary if an applicant faces denial of benefits or services. The Arizona Health Care Cost Containment System (AHCCCS) is the medicaid agency that offers health care programs which serves certain Arizona residents. An individual who denied benefits or services by AHCCCS or the Arizona Department of Economic Security (DES) has the right to appeal. Applicants to AHCCCS must meet income requirements and and other obligations to obtain health care services. However, if benefits or services are denied, and you will likely want to appeal your denial. An appeal is a request for AHCCCS to reconsider or modify a decision. A common referral of a decision by AHCCCS is “an action.” An action can include a denial, discontinuation, reduction or suspension of benefits or services. Any individual who has received a Notice of Adverse Action by AHCCCS may request an appeal with OAH.
AHCCCS Fair Hearing Attorney
Hiring a AHCCCS Fair Hearing Attorney may be necessary if you’re facing a denial of benefits or services of Available AHCCCS Health Plans. The Arizona Health Care Cost Containment System (AHCCCS) is the medicaid agency that offers health care programs. These programs serve certain Arizona residents. When an individual is denied benefits or services by AHCCCS or the Arizona Department of Economic Security (DES) they have the right to appeal. In order to qualify for AHCCCS benefits, applicants must meet certain requirements and and other obligations. However, should the benefits or services be denied you’ll want to know more about Appealing AHCCCS Denial. Appealing a denial is a request for AHCCCS to reconsider or modify a decision. A common referral of a decision by AHCCCS is “an action.” An action can include a denial, discontinuation, reduction or suspension of benefits or services.
Links of Interest:
When to Request an Appeal
Any individual who has received a Notice of Adverse Action by AHCCCS may request an appeal. Should the appeal be denied they can then request a AHCCCS Fair Hearing. The requirements for such an appeal of an eligibility determination is slightly different than the appeal procedure for a person enrolled with an AHCCCS contractor. Therefore, it is important to recognize the differences. An adverse action may require knowledge of the AHCCCS Fair Hearing Process An adverse action is defined as:
- Denial of eligibility
- Discontinuance of eligibility
- Increase in the share of Arizona Long Term Care costs
- Increase in premiums or co-payments
- Failure by AHCCCS to make a determination within the established time-frame
Once the applicant has received the Notice of Adverse Action they must request a State Fair Hearing (Hearing) in writing with AHCCCS within 30 days. The request for a Hearing must contain the case name, the adverse action taken by AHCCCS and the basis for the Hearing. Therefore, if AHCCCS receives a request for Hearing that is timely and contains the necessary information a Notice of Hearing is mailed to the applicant. Once the applicant requests a Hearing, it will be held between 30-60 days.
Arizona Adult Protective Services Hearing
Chelle Law represent individuals during Arizona adult protective services hearings. These hearings happen before the Arizona Office of Administrative Hearings (OAH). Arizona Adult Protective Services (APS) is a program within the Division of Aging and Adult Services (DAAS.) It’s overseen by the Arizona Department of Economic Security (DES), which is responsible for investigating allegations of abuse, exploitation and neglect of vulnerable adults. APS investigates claims of abuse or neglect of adult. This can include not providing food, shelter, health care, mismanaging personal finances, etc. Chelle Law assists with Arizona Adult Protective Services Hearings. Chelle Law assists with Arizona Adult Protective Services Hearings. Learn about the services our Adult Protective Services Hearing Attorney’s can provide.
Arizona APS Registry
The APS Registry is a database which contains the name and date of birth of people with substantiated claims of abuse, neglect or exploitation of a vulnerable adult. The APS registry includes the nature of the allegation made, the date and description of the disposition of the allegation.
APS Abuse Investigation
When the APS receives an allegation of abuse they initiate an investigation. Once the investigation is complete APS staff determines whether evidence exists to support the allegations. APS must find evidence showing it’s more likely than not the abuse took place. This is a lower standard of proof than in a criminal proceeding, which requires beyond a reasonable doubt. A substantiated claim is then sent to the Arizona Office of the Attorney General for guidance. At this point, the individual has the right to request an administrative hearing. However, if they don’t appeal their name is then put on the APS Registry.
Adult Protective Services Administrative Hearing
All Adult Protective Services Hearings are conducted by the Office of Administrative Hearings. These hearings occur before an Administrative Law Judge (ALJ). While the hearing is not as formal as a trial, it is similar. Each party presents evidence using documents or sworn testimony. Each party also gives an opening statement and closing argument. Both of these should explain why the judge should rule one way or the other.
This is where having an attorney is crucial. An attorney cross examines witnesses and testify on his or her own behalf. After the hearing, the ALJ reviews the transcripts, evidence and makes a recommendation to DES. The Director of the Department of Economic Security can uphold, amend or reject the ALJ’s ruling. Within 30 days of receiving this decision an attorney can then submit a request for a rehearing. Should DES uphold a claim of abuse, the name of the person is then put on the APS Registry.
Administrative Hearing Attorney
Individuals who wish to appeal a decision shouldn’t discuss their legal case with friends, co-workers or anyone who could end up testifying against them. At the hearing, these people may be witnesses. Your attorney should be the only person you discuss your case with.
If you have questions about how Arizona Administrative Appeals and Hearings procedures work or if you would like to learn more about the legal services we offer, contact Chelle Law today.
