1. (a) Fair Hearing. Efforts are made at the local level to resolve matters that may evolve into requests for fair hearings. The Child Welfare (CW) worker and immediate supervisor meet informally with the foster or adoptive parents to clarify the basis for the decision that prompted them to inquire about a fair hearing.
(1) Hearing summary. Information gathered for the fair hearing is provided to the OKDHS Legal Division Appeals Unit in accordance with Form 13MP002E, Hearing Summary. The Child Welfare (CW) worker summarizes the relevant information on Form 13MP002E, from the CW case record, including information from Form 04KI003E, Report to District Attorney.
(2) Report to District Attorney. Form 04KI003E, Report to District Attorney, is not used in the fair hearing unless the administrative hearing officer (AHO) presiding over the fair hearing authorizes disclosure based on compelling reasons and pursuant to 10A O.S. 1-6-102 that requires a petition or motion be filed with the court describing with specificity the confidential records being sought and setting forth in detail the compelling reason why the inspection, release, or disclosure of confidential records should be ordered by the court. If Form 04KI003E is ordered disclosed, the CW worker redacts the name of the reporting party prior to giving it to the AHO for in camera review.