OCS is mandated to ensure the safety of children. In fulfilling this mandate, OCS is responsible for investigating reports of child abuse or neglect, and any allegations of licensing regulation violations. There are few experiences more difficult for resource parents than being investigated for allegations. Resource families should be prepared for the possibility that allegations may be made against them. You may express shock and disbelief at finding yourself under an investigation by the agency you are working with. You may feel angry or betrayed and while these feelings are understandable, as a resource family, you are expected to cooperate with OCS staff as they investigate these allegations.
OCS receives the following type of reports regarding licensed providers:
When OCS receives a Protective Services Report (PSR) alleging neglect, physical or sexual abuse on a child in a licensed foster home, child protection and licensing staff may jointly investigate the PSR. When OCS receives a PSR on a child placed in a non-licensed relative home, OCS child protection will conduct the investigation.
When child protection has completed the initial assessment (investigation) a finding of substantiated or not substantiated will be determined. A closing letter will be sent to you upon completion of the assessment informing you of the finding. If the finding is substantiated, the letter will include information on the appeal process.
Licensing staff may investigate allegations of a violation of a licensing statute or regulation. The investigation process may include contacting you, visiting your home, taking photographs, reviewing documents, interviewing the children and collaterals. Upon completion, a Report of Investigation will be issued with a summary of the allegation(s), the information collected and any regulation violations if applicable.
A finding means that based on the preponderance of the evidence gathered during the investigation, it is more likely than not that a licensing violation occurred. If the investigation results in violation findings an enforcement action may or may not be imposed on your license. If there are violation findings, with enforcement actions, you will also receive a Request for Administrative Remedies. Contact your licensing worker if you have questions regarding the Report of Investigation or the Request to Implement Administrative Remedies. These completed reports become part of the licensing file.
If an allegation is found to be in violation of any licensing statute or regulation, licensing may require a plan of correction 7AAC 67.060, which may include additional training, environmental changes or obtaining required safety items.
If a licensee fails to submit an acceptable plan of correction, the licensee may be subject to further enforcement actions under AS 47.32.140.
If an allegation is found to be in violations of any licensing statute or regulation, dependent on the severity of the violation, OCS may take an enforcement action under AS 47.32., which may include but is not limited to:
Note: A licensing denial, suspension, and revocation must be reported to the Division of Health Care Services Background Check Program and may be a barring condition.
The Report of Investigation and Notice of Violation you receive following an investigation will set forth any enforcement actions imposed by OCS. A Request for Hearing (06-9357) form will also be sent with these notices.
If you wish to appeal the enforcement action, you have 15 calendar days after receipt of the notice to complete and submit the Request for Hearing form to OCS. OCS will then forward your request for hearing to the Office of Administrative Hearings (an independent hearing authority outside OCS). An administrative law judge will be assigned to hear your case. You may wish to consult with and be represented by an attorney. However, you are not required to have legal representation in an administrative hearing.
A foster parent, prospective adoptive parent or legal guardian, or an adoptive parent or legal guardian who is not satisfied with the department’s decision to deny, suspend, reduce, change or terminate a foster care payment, an adoption subsidy payment, or a guardianship subsidy payment may request either a first-level review or an evidentiary hearing.
A request for a first-level review must be made no later than 30 days after the date of the department’s decision. The request may be made by telephone, email, fax or in writing.
A foster parent, a prospective adoptive parent or guardian, or an adoptive parent or legal guardian who is not satisfied with the department’s first-level review decision may request an evidentiary hearing
A request for an evidentiary hearing may also be requested without seeking a first-level review. The request must be submitted in writing no later than 30 days after the date of the department’s original decision or a decision under a first-level review.
Please contact your licensing or assigned worker’s supervisor for more information on requesting a review or a hearing.
Contact the Alaska Center for Resource Families for a copy of “Investigations of Complaints & Allegations Against Foster Homes: Frequently Asked Questions” this pamphlet was created by the Resource Family Advisory Board.