Arizona DES Hearing Attorney
The attorneys at Stark Law provide an Arizona DES Hearing Attorney to represent individuals with DES is before the Arizona Office of Administrative Hearings (OAH). The Arizona Department of Economic Security (DES) works to ensure every adult, child and family in Arizona is physically and emotionally safe. The DES attempts to provide some economic security. DES oversees:
- Arizona Department of Child Safety (DCS)
- Arizona Adult Protective Services (APS)
- Arizona Health Care Cost Containment System (AHCCCS)
Hearings with the Arizona Office of Administrative Hearings
Hearings held at OAH, are presided over by an Administrative Law Judge (ALJ). The hearing is not as formal as a trial, but it is similar. Each party will present evidence using documents or sworn testimony. The attorneys will provide an opening statement and a closing argument which should explain why the judge should rule one way or the other. Your attorney can cross examine witnesses and testify on her own behalf. After the hearing, the ALJ will review the transcripts, evidence and make a recommendation to the Arizona Agency.
Arizona Adult Protective Services Hearing
Arizona Adult Protective Services (APS) has the responsibility to investigate allegations of abuse, exploitation and neglect of vulnerable adults. APS will investigate claims of abuse or neglect of adults including not providing food, shelter, health care, mismanaging personal finances, etc. Claims of abuse are also sent to the Arizona Office of the Attorney General for guidance.
The APS Registry is a database which contains the name and date of birth of people with substantiated claims of abuse, neglect or exploitation of a vulnerable adult. The registry also includes the nature of the allegation, the date and description of the disposition. Once a name is on the registry, the individual has the right to request an administrative hearing. However, if they don’t choose to appeal their name is put on the APS Registry.
Arizona Department of Child Safety Hearing
When the Arizona Department of Child Safety receives allegations of abuse they initiate an investigation. When the investigation is complete, DCS staff determines if evidence exists to support the allegations. As an administrative agency DCS must find evidence shows it’s more likely than not that the abuse took place. This is a lower standard of proof than in a criminal proceeding which requires beyond a reasonable doubt.
After completing their investigation, DCS send a letter stating whether the claims have been founded or not. If the allegation is substantiated the individual has the right to request an administrative hearing. however, if they choose not to appeal their name is placed on the DCS Registry.The Central Registry is a database which contains the name and date of birth of people with substantiated claims of abuse, neglect or exploitation of a child. Also included in the Registry is the nature of the allegation made and the date and description of the disposition of the allegation. If an appeal hearing is requested, the Protective Services Review Team (PSRT) will review the investigation’s findings of DCS. If the PSRT disagrees with the decision made by DCS, the allegation will not be substantiated.
The Central Registry is a database which contains the name and date of birth of people with substantiated claims of abuse, neglect or exploitation of a child. Included in this Central Registry are the nature of allegations as well as their date and description. If allegations are substantiated, individuals have the right to request an administrative hearing. If you choose not to appeal, however, your name will appear on the Central Registry.
AHCCCS Fair Hearing and Appeal
An AHCCCS Fair Hearing Attorney may be necessary if an applicant faces denial of benefits or services. The Arizona Health Care Cost Containment System (AHCCCS) is the medicaid agency that offers health care programs which serves certain Arizona residents. An individual who denied benefits or services by AHCCCS or the Arizona Department of Economic Security (DES) has the right to appeal. Applicants to AHCCCS must meet income requirements and and other obligations to obtain health care services. However, if benefits or services are denied, and you will likely want to appeal your denial. An appeal is a request for AHCCCS to reconsider or modify a decision. A common referral of a decision by AHCCCS is “an action.” An action can include a denial, discontinuation, reduction or suspension of benefits or services. Any individual who has received a Notice of Adverse Action by AHCCCS may request an appeal with OAH.
Division of Developmental Disabilities Hearing
If you receive an Adverse Benefit Determination letter from DDD indicating a denial, reduction, suspension or termination of benefits you can request an appeal to DDD’s Office of Administrative Review. Should you find the appeal denied by the Office of Administrative Review you’ll want to request a state fair hearing with OAH.
Consultation with Stark Law
If you have questions for our Arizona DES Hearing Attorney and would like to learn more about the services we offer contact Stark Law today.