Bill No.: HB0289                  Drafter:  JHR

LSO No.:  09LSO-0446              Effective Date:  7/1/2009

Enrolled Act No.:  HEA0074

Chapter No.:       127

Prime Sponsor:     Representative Mercer

Catch Title:       Child protection hearings.

Subject:  Amends process for administrative hearings in child protection cases as specified.

Summary/Major Elements:

· Under current law, the Department of Family Services (DFS) notifies a person suspected of causing child abuse or neglect of the person's right to request a hearing under the Wyoming Administrative Procedure Act (WAPA).  If an administrative hearing occurs under WAPA, the Office of Administrative Hearings conducts the contested case but the DFS Director makes the final decision in the contested case.

· This bill:

o Requires DFS to notify the person suspected of causing the child abuse or neglect by first class mail at his last known address of his right to appeal a determination by DFS;

o Specifies that the person so accused may contest the DFS determination that abuse or neglect occurred and that the Office of Administrative Hearings will make the final administrative decision in the matter;

o Authorizes DFS to appeal an adverse decision of the Office of Administrative Hearings.