District of Columbia Administrative Code

5825 DURATION OF WAIVERS 5825.1 A waiver of program requirements shall be granted for so long as necessary to ensure that the recipient is able safely to comply with the program requirements. 5825.2 The Director or his or her designee may exempt an assistance unit from the sixty …

5826 REASSESSMENT OF WAIVERS 5826.1 The Director or his or her designee shall request that the applicant or recipient attend a reassessment interview at least once every six (6) months. 5826.2 The Director or his or her designee shall notify the applicant or recipient in writing …

5827 APPEALS 5827.1 Denials of requests for waiver(s) under this chapter shall: (a) Be in writing; (b) State the reason for denial; and (c) Explain the process of appealing the decision. 5827.2 Denials may be appealed through the fair hearing process. 5827.3 An applicant or recip…

5828 RESERVED SOURCE: Final Rulemaking published at 48 DCR 10251 (November 9, 2001).

5829 SCREENING AND REFERRALS FOR THE POWER PROGRAM 5829.1 The Director or his or her designee shall screen TANF applicants and recipients at the point of application, recertification, or when incapacity or disability is raised by the applicant or recipient for the Program on Work…

5830 SANCTIONS IN THE POWER PROGRAM 5830.1 Each POWER recipient who, without good cause, fails to assist in the development of his or her plan of self-sufficiency or to comply with the terms contained in that plan shall be subject to sanctions by DHS, as set forth in subsections …

5831 POWER - GOOD CAUSE 5831.1 Notice shall be given orally and in writing to each applicant or recipient of good cause for failure to comply with POWER program requirements. 5831.2 For purposes of subsection 5831.1 of this section, "good cause" for failure to comply with POWER p…

5832 ELIGIBILITY FOR DIVERSION PAYMENTS 5832.1 The Department shall determine whether a TANF applicant is eligible for a Diversion Payment by applying the standards set forth in this section. 5832.2 A TANF applicant may be eligible for a Diversion Payment pursuant to Section 581 …

5833 NEEDS COVERED BY DIVERSION PAYMENTS 5833.1 Diversion payments are available to pay an immediate, short term financial need, which if resolved, will allow the applicant to continue or accept employment. 5833.2 An immediate, short-term financial need for which an applicant may…

5834 DOCUMENTATION REQUIRED TO VERIFY THE COST OF A COVERED NEED 5834.1 In order for a Diversion Payment to be issued for a covered need, the applicant shall verify the cost of the covered need. The Department shall instruct the applicant of the documentation required to reasonab…

5835 PAYMENT OF DIVERSION PAYMENTS 5835.1 In all possible circumstances, when an original bill is submitted and verified for the cost of the covered need, the Department shall issue the Diversion Payment directly to the entity to which the applicant owes money. If this entity ref…

5836 RESERVED SOURCE: Final Rulemaking published at 48 DCR 10251 (November 9, 2001).

5837 RESERVED SOURCE: Final Rulemaking published at 48 DCR 10251 (November 9, 2001).

5838 RESERVED SOURCE: Final Rulemaking published at 48 DCR 10251 (November 9, 2001).

5839 RESERVED SOURCE: Final Rulemaking published at 48 DCR 10251 (November 9, 2001).

5840 TIME LIMIT - RULES 5840.1 For the purposes of this chapter and not withstanding D.C. Official Code Section 4-205.11a, a recipient subject to the Federal sixty (60) month time limit for receipt of TANF benefits may be allowed to receive assistance in excess of the time prescr…

5899 DEFINITIONS 5899.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed: "Collateral Contact" - an oral confirmation, in-person or by telephone, of a person's or household's circumstances by a person outside of the household. "DCPS" - t…

5900 SCOPE AND PURPOSE 5900.1 The purpose of these rules is to establish procedures that shall apply to each fair hearing provided by CFSA. 5900.2 Copies of these rules shall be available from CFSA upon request. 5900.3 If a chapter of the DCMR concerning a CFSA program or service…

5901 RIGHT TO FAIR HEARING 5901.1 Except as provided in § 5901.2 below, CFSA shall grant a fair hearing to: (a) An applicant for, or recipient of, an adoption subsidy under D.C. Official Code § 4-301 who appeals from a decision by CFSA to deny, reduce, or terminate the subsidy. (…

5902 NOTICE OF ACTION OR INTENDED ACTION 5902.1 CFSA shall send written notice as follows: (a) To the recipient of a subsidy, at least ten (10) business days before taking the action, if it intends to reduce, suspend, or terminate the subsidy. (b) To an applicant for a subsidy, w…

5903 REQUEST FOR FAIR HEARING 5903.1 Except for a request for an expedited preliminary review as provided in § 5903.6, a person, or his or her representative, may request a fair hearing by giving a timely and clear expression, in writing, that he or she is appealing one or more o…

5904 CONTINUATION OF SERVICE DURING FAIR HEARING PROCESS 5904.1 Except as provided in § 5904.2, CFSA, in its discretion, may continue or reinstate service during the fair hearing process. Service that is continued or reinstated shall be maintained until the fair hearing decision,…

5905 DENIAL OR DISMISSAL OF REQUEST FOR FAIR HEARING 5905.1 CFSA may deny a request for a fair hearing, or a preliminary expedited review hearing, if: (a) The sole issue raised by the appellant concerns the plain language of a District statute, regulation or policy; or (b) The re…

5906 REVIEW OF REQUEST FOR FAIR HEARING BY PROGRAM ADMINISTRATOR 5906.1 In those cases in which no expedited preliminary review hearing is requested, the Program Administrator shall be notified of the request by CFSA Office of Fair Hearing. The Program Administrator or his or her…

5907 EXPEDITED PRELIMINARY REVIEW PROCESS 5907.1 A licensed foster parent, a person licensed to operate a youth residential facility or an independent living program whose license is suspended or converted to a provisional or restricted license without a hearing because CFSA dete…

5908 PRE-HEARING PROCEDURES 5908.1 This section does not apply to an expedited preliminary review hearing. 5908.2 CFSA shall notify the appellant in writing of the date, time, and place of the fair hearing. The notice shall be provided within ten (10) business days of the filing …

5909 FAIR HEARING PROCEDURES 5909.1 This section applies to an expedited preliminary review and to a fair hearing. 5909.2 The expedited preliminary review and the fair hearing shall be presided over by an impartial Hearing Examiner who has no involvement with the action that is a…

5910 FINAL DECISION OF HEARING EXAMINER 5910.1 This section does not apply to an expedited preliminary review hearing, unless it has been consolidated with the fair hearing under § 5907.9. 5910.2 This section shall apply to the final hearing in cases where there has been a prelim…

5911 APPEAL 5911.1 An appellant who is aggrieved by the Hearing Examiner's decision may seek judicial review before the District of Columbia Court of Appeals in accordance with the contested case provisions of the District of Columbia's Administrative Procedure Act, D.C. Code § 2…

5999 DEFINITIONS 5999.1 The following terms and phrases shall have the meanings described: "Appellant" - An applicant, recipient, person identified in a Child Protection Register report, or a licensee of a foster, youth residential facility, or independent living program who is a…

600 GENERAL PROVISIONS 600.1 The District shall furnish transportation, including subsistence en-route and attendents, including volunteer attendants, when needed, to the following categories of non-residents: (a) Persons committed to Saint Elizabeths Hospital by the Commission o…

601 TRAVEL ARRANGEMENTS 601.1 Subsistence allowance to clients en-route shall normally be furnished by the Medical Assistance Division of the Department of Human Services (also referred to in this chapter as the "Division"), except in cases where the clients' relative or some res…

602 AVAILABLE MODES OF TRAVEL 602.1 Travel shall be limited where possible to the use of a public common carrier and shall be planned by the most economical usually traveled route except where official necessity for travel by another route can be justified. 602.2 An attendant sha…

603 UNUSUAL INCIDENTS RELATED TO TRAVEL 603.1 A written report by the attendant shall be made of any unusual incident in any way affecting the person or property of the client in custody, or of other, and submitted to the Division for review and filing. 603.2 If a client sustains…

604 REIMBURSABLE EXPENSES AND PER DIEM 604.1 The attendant shall be granted a per diem allowance instead of subsistence in accordance with prevailing established rates while traveling on official business. The allowance shall be computed on a twenty-four (24) hour travel day. 604…

605 AUTHORIZATION OF TRANSPORTATION 605.1 The Director of the Division, or the designated representative of the Director, shall be responsible for establishing the residence eligibility and authorizing the return of a patient who is outside the District and who requires hospitali…

6000 SCOPE 6000.1 The purpose of this chapter of the DCMR is to establish criteria and procedures for licensing foster homes for abused or neglected children. 6000.2 This chapter of the DCMR shall apply to: (a) Any foster home that is located within the District of Columbia and w…

6001 RESOURCE PARENT REQUIREMENTS 6001.1 An agency shall select and maintain as foster parents individuals who have the following characteristics: (a) Knowledge of, interest in, and regard for the principles of good child care and understanding of the resource parent's responsibi…

6002 RESOURCE PARENT RESPONSIBILITIES 6002.1 A resource parent shall: (a) Provide parental supervision and guidance appropriate to the foster child’s age and developmental, physical, emotional, and educational level; (b) Provide daily essentials required for the health, comfort, …

6003 AGENCY RESPONSIBILITY TO FOSTER PARENT 6003.1 The following principles and rights are to govern the Agency’s relationship with a foster parent. A foster parent is entitled: To be recognized and valued as members of the child welfare team; To be treated with dignity, trust, a…

6004 RIGHTS AND RESPONSIBILITIES OF FOSTER CHILDREN LIVING IN FOSTER HOMES 6004.1 The following principles and rights are to govern the care and treatment of foster children. Each child is: To receive (or have his or her legal representative or guardian ad litem) a printed copy o…

6005 FOSTER HOME CAPACITY 6005.1 A resource parent shall not accept a child for foster care services from any child-placing agency or person other than CFSA or the agency. 6005.2 Except as provided by §§ 6005.3 or 6005.4, the total number of children in a foster home, including t…

6006 TRANSPORTATION SAFETY 6006.1 A resource parent shall ensure that all vehicles used to transport foster children are maintained in a safe condition and in compliance with all applicable motor vehicle laws. 6006.2 A resource parent shall provide and use child restraint seats o…

6007 GENERAL PHYSICAL ENVIRONMENT 6007.1 A foster home shall be free from all safety hazards, including fire, sanitation, and health hazards. 6007.2 A foster home shall be properly ventilated and heated. 6007.3 A foster home shall have and use protective devices on all windows to…

6008 CRIMINAL RECORDS CHECK 6008.1 As part of the home study process, an agency shall ensure that each individual identified in § 6008.3 has a criminal records check in accordance with District and federal laws and regulations. 6008.2 The criminal records check shall consist of a…

6009 CHILD PROTECTION REGISTER CHECK 6009.1 As part of the home study process, an agency shall receive a clearance check for each individual listed § 6009.2 from the District’s child protection register and from the child protection registers in every state in which the individua…

6010 FIRE SAFETY 6010.1 A foster home shall meet the fire safety requirements of the jurisdiction in which it is located. 6010.2 A foster home shall be free from all fire hazards, including faulty electric cords, unsafe appliances, and unsafe fireplaces and chimneys. 6010.3 A fos…

6011 SANITATION 6011.1 A resource parent shall keep the home clean and free of hazards and debris. 6011.2 A resource parent shall keep all plumbing in working order. 6011.3 A foster home shall have an adequate supply of hot water for bathing and dishwashing. 6011.4 Hot water acce…

6012 EXTERIOR ENVIRONMENT 6012.1 The exterior premises of a foster home shall be free from all safety hazards and from any objects or materials that constitute a danger to a foster child. 6012.2 A foster home that has a swimming pool shall meet the jurisdiction's requirements for…

6013 MAINTAINING FOSTER CHILDREN'S RECORDS 6013.1 A resource parent shall maintain records on each foster child placed in the home. All information regarding a foster child shall be kept confidential and released only in accordance with § 6023. 6013.2 A foster child's records sha…