Section 479-7-012 - RIGHT TO APPEALA guardian or prospective guardian has the right to request a fair hearing as allowed by law, including, but not limited to, the provisions for appeal set forth in this chapter.
012.01PROSPECTIVE GUARDIAN. The prospective guardian has the right to request a fair hearing under the Administrative Procedures Act if: (1) The prospective guardian disagrees with the determination by the Department that a child is ineligible for guardianship assistance;(2) The prospective guardian disagrees with the guardianship assistance payment determined by the Department;(3) The guardian disagrees with the determination by the Department that a child is not eligible for a Title IV-E Kinship Guardianship Assistance Agreement; or(4) The child was denied guardianship assistance based on a means test of the guardian's income. 012.01(A)TIMELINE TO APPEAL. The appeal must be filed in writing within 90 days of the action or inaction. No change in coverage will occur while the appeal is pending.012.02GUARDIAN. A guardian receiving guardianship assistance on behalf of a child has the right to request a fair hearing under the Administrative Procedures Act if: (1) The Department reduces or terminates the Guardianship Assistance Agreement;(2) Facts about the child's special needs were not presented to the guardian prior to finalization of the guardianship;(3) The guardians were not informed they could apply for a Guardianship Assistance Agreement when the child was in the Department's custody; or(4) The Department denied the request of the guardian for an increase in guardianship assistance payment. 012.02(A)TIMELINE TO APPEAL. The appeal must be filed in writing within 90 days of when the action or inaction of the Department is known or should have been known by the guardian. No change in coverage will occur while the appeal is pending.479 Neb. Admin. Code, ch. 7, § 012
Amended effective 6/13/2022