Arizona Developmental Disabilities Hearing
The attorneys with Chelle Law can provide an Arizona Developmental Disabilities Hearing Attorney to represent individuals before the Arizona Office of Administrative Hearings (OAH). The Arizona Department of Developmental Disabilities (DDD) is a program which is overseen by the Arizona Department of Economic Security (DES) that provides assistance to Arizona individuals with developmental disabilities. DDD provides services to those diagnosed with:
- Cerebral Palsy
- Cognitive Disability
Adverse Benefit Determination
If you receive an Adverse Benefit Determination letter from DDD indicating a denial, reduction, suspension or termination of benefits you can request an appeal to DDD’s Office of Administrative Review. If the appeal is denied by the Office of Administrative Review then you must request a state fair hearing with OAH.
Arizona State Developmental Disabilities OAH Hearing
When held, an Administrative Law Judge (ALJ) will preside over the hearing. The hearing isn’t as formal as a trial, but it’s similar. Each party presents evidence using documents or sworn testimony. The attorneys provide an opening statement and a closing argument, which should explain why the judge should rule one way or the other. Your attorney can cross examine witnesses and testify on her own behalf. After the hearing, the ALJ reviews the transcripts, evidence and makes a recommendation to DDD.
Serious Mental Illness (SMI) Fair Hearing
A serious mental illness (SMI) is a diagnosis of a mental disorder in an adult that is considered persistent and severe. Arizona Health Care Cost Containment System (AHCCCS) members can appeal a negative determination of a SMI. You will receive a Notice of Decision from DDD acknowledging the SMI determination. A SMI appeal is similar to a DDD Hearing request. The SMI State Fair Hearing is held before OAH. Additionally, AHCCCS members diagnosed with a SMI can appeal individual parts of their treatment plan including:
- Fees or waivers.
- Recommended services.
- Change in Non-Title XIX/XXI funds’ services.
If you have questions for our Arizona Developmental Disabilities Hearing Attorney or to learn more about the services we offer, contact Chelle Law today.
Arizona Child Safety Hearing Attorney
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
The DCS investigates allegations of abuse and safety issues of a child. To do this, they(DCS) assign an investigator. The investigator looks into the allegations to determine if they have merit and if there is evidence to support them. As an administrative agency, DCS must find the evidence shows it’s more likely than not that the abuse of a child took place. This is a lower standard of proof than in a criminal proceeding, which requires beyond a reasonable doubt. Upon completing the investigation a letter is sent stating whether the claim is substantiated or not. If the allegation is substantiated, the individual has the right to request an administrative hearing. Individuals who choose not to appeal have their name put on the child protective services Central Registry.
Protective Services Review Team (PSRT)
If an appeal hearing is requested, the Protective Services Review Team (PSRT) will review the investigation’s findings of the Arizona’s child protection team. If the PSRT disagrees with the decision made by DCS, the allegation will not be substantiated.
Department of Child Safety Hearing
Any Department of Child Saftey (DCS) Hearing is conducted by the Office of Administrative Hearings before an Administrative Law Judge (ALJ). The hearing is not as formal as a trial, but it is similar. Each party will present evidence using documents or sworn testimony. Each party also gives an opening statement and a closing argument which should explain why the judge should rule one way or the other. The attorney can cross examine witnesses and testify on her own behalf. After the hearing, the ALJ will review the transcripts, evidence and make a recommendation to DES. A nurse and their attorney can request a rehearing if they believe DES made an error. The ALJ’s ruling may be upheld, amended, or rejected by the Director of the Department of Economic Security. When claims of abuse are upheld after the OAH Hearing a person’s name is put on the DCS Central Registry.
DCS Court Attorney
If you have questions for our Arizona Child Safety Hearing Attorney and would like to learn more about the legal services we offer contact Chelle Law today.