Sec. 07.02.25.17. Suspension and Revocation

A. After receiving a complaint indicating possible violations of the resource home regulations, a local department shall conduct an investigation to assess compliance with applicable regulations and discuss findings with the resource family.

B. Suspension.

(1) A local department may suspend resource home approval for a period not exceeding 60 days for a violation of these regulations.

(2) Except as provided in §D of this regulation, and at least 20 days in advance of a planned suspension, the local department shall send the resource parents a:

(a) Notice that includes the intended action;

(b) Statement of the specific regulation violated; and

(c) Statement describing the resource parent's right to appeal the decision of the local department.

(3) When a resource home approval is suspended, the local department may not place any child in the resource home, and the:

(a) Resource home may continue to provide services to the children only if the suspension was caused by a violation of these regulations that does not threaten the health and safety of the children in care, and either the local department agrees that the reason for the suspension can be corrected within 60 days from the date of the suspension, or an appeal is filed within 20 days of the local department's notice; or

(b) Local department shall remove the children from the home within 30 days of the date of suspension.

(4) The local department shall restore or revoke a suspended approval by the end of the suspension period.

C. Revocation.

(1) The local department may revoke an approval for a violation of these regulations.

(2) Except as provided in §D of this regulation, and at least 20 days before the planned revocation, the local department shall send the resource parents a notice which includes:

(a) The intended action;

(b) A statement of the specific regulations violated; and

(c) A statement describing the resource parent's right to appeal.

(3) When an approval is revoked, the local department shall immediately remove the children from the home unless an appeal is filed within 20 days of the local department's notice.

D. Emergency Suspension or Revocation.

(1) If the local department finds evidence of gross incompetence, misconduct in operating the resource home, neglect or abuse of children in care, or other conditions that pose an immediate threat to their health and safety, the local department shall, without giving 20 days notice, suspend or revoke any approval it has issued to protect the health, safety, or welfare of the children under the resource parents' supervision or of the general public. The letter of suspension or revocation shall provide the resource parents with notice of the action taken, the grounds for it, and a description of the resource parents' right to appeal it.

(2) If children remain in the resource home at the time the decision to suspend or revoke the resource home approval is made, the local department shall immediately remove the children.

(3) Once suspended or revoked on an emergency basis, the resource home approval may not be restored unless:

(a) There has been a hearing decision favorable to the resource parents; or

(b) The local director has given written approval for the reinstatement.