Section 0250-05-13-.04 - WAIVER OF RIGHT TO APPEAL AND WITHDRAWAL OR DISMISSAL OF HEARING REQUESTS(1) Foster parents who concur with the plan for removal of a child from their home or who choose not to pursue an appeal may waive their right to a hearing and to the ten (10) day advance notice period by executing a written waiver. A waiver to the right to appeal may not be executed prior to receipt of the written notice of the proposed removal, but once executed denies the right to future appeal and authorizes the Department to remove the child from the home on the date specified in the notice or on an earlier date, if such earlier date is specified in the waiver.(2) The Department may dismiss a request for a hearing if it has been withdrawn by the foster parent(s) in writing or if it is abandoned. Abandonment may be deemed to have occurred if the foster parent(s), or an authorized representative acting on their behalf, without good cause fails to appear at the scheduled hearing.Tenn. Comp. R. & Regs. 0250-05-13-.04
Original rule filed November 22, 1978; effective January 8, 1979. Repeal and new rule filed November 28, 1979; effective January 12, 1980. Amendment filed December 17, 1982; effective March 16, 1982. Rule assigned a new control number, removed, and renumbered from 1240-5-13-.04 filed and effective March 25, 1999. Amendment filed May 29, 2002; effective August 12, 2002.Authority: T.C.A. §§ 4-5-226, 37-5-105, and 37-5-112.