Sec. 1. 22 MRSA §4067 is enacted to read:

§4067.__Foster parent's right to hearing

1.__Appeal.__A person licensed or formerly licensed as a foster parent who is aggrieved by any decision or action made by the department concerning that licensure has the right to appeal pursuant to the Maine Administrative Procedure Act.__The person must file written notice of appeal within 30 days of the written department decision or action.

2.__Prior decisions and actions.__A person who was aggrieved by a decision or action made by the department concerning the licensure of that person as a foster parent within the 5 years preceding the effective date of this section has the right to appeal pursuant to the Maine Administrative Procedure Act.__The person must file a written notice of appeal under this subsection within 30 days of the effective date of this section.

3.__Fair hearing procedure.__A hearing under this section must be held within 30 days of receipt of a request and must be conducted by one or more fair hearing officers who were not responsible for the decision or action.__The hearing officer shall hear all evidence pertinent to the matter at issue and render a decision within a reasonable period after the date of the hearing.__An action or failure to act under this section is a final agency action subject to review pursuant to Title 5, chapter 375, subchapter 7.

4.__Rules.__The department shall adopt rules to implement this section.__Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2- A.

SUMMARY

This bill provides current and former foster parents with the right to appeal any Department of Health and Human Services action or decision that affects licensure. The appeal must be requested in writing within 30 days of the action or decision.

This bill allows a person who is aggrieved by an action or decision of the department concerning that person's license as a foster parent within the last 5 years to appeal that decision by submitting a written request for appeal within 30 days of the effective date of this Act.