The Office of Administrative Hearings hears certain cases involving actions by the Child and Family Services Agency (CFSA). CFSA has the authority to issue Notices of Infraction for facilities licensed by CFSA. The Office of Administrative Hearings can hold preliminary hearings in summary suspension cases for a licensed facility.
CFSA may file Notices of Infraction with the Office of Administrative Hearings.
Persons receiving such Notices file their responses and payments with the Office of Administrative Hearings, which resolves any challenges to the Notices. The instructions on the Notices explain that you can “admit” (take responsibility and pay the fine), “admit with explanation” (take responsibility but offer an explanation that the administrative law judge might take into account in deciding a fine) or “deny” (take no responsibility). If you “admit with explanation,” CFSA will be given a chance to respond to your explanation and then the administrative law judge will decide the case based on the papers submitted. If you “deny,” an in-person hearing is scheduled at which CFSA and you can present evidence.
Close attention should be paid to the instructions on the Notices of Infraction. There are deadlines for responding to the notices. There is a penalty for responding after the deadline. There is also a penalty if you “deny,” a hearing is scheduled, and you fail to appear for the hearing.
Administrative law judges issue a written decision for every case that is contested. The decisions below are examples of some issues raised in Office of Administrative Hearings’ cases involving this agency. You can review these decisions to get a sense of how prior cases were decided.
Please note that the facts of each case are different. These cases should be used for informational purposes only.
- W.O. v. Child and Family Servs. Agency, February 2, 2011 (dismissing for lack of jurisdiction request for hearing on whether the agency had been negligent in ensuring safety of two children in foster care)
- Trinity Youth Servs. v. Child and Family Servs. Agency, July 2, 2009 (dismissing for lack of jurisdiction Petitioner’s request to review the agency’s placement restriction and denying reconsideration on earlier dismissal for lack of jurisdiction over placement of individual on the Child Protection Registry)
Administrative law judges base their decisions upon many sources of law, chief among them the District of Columbia laws (DC Official Code) and the District of Columbia regulations (DCMR). Depending on the type of case, federal law (US Code) and federal regulations (CFR) may also be relevant. Cases decided on the issues in other courts, especially the District of Columbia Court of Appeals, are relevant.
- General—Blank Submission Form
- General—Certificate of Service (in English and en Español)
- General—Customer Survey Form
- General—Electronic Filing Cover Sheet
- General—Subpoena Form (sample only)
- General—Notice of Appearance for Lawyers
- General—Request for a Different Hearing Date (in English and en Español)
- General—Request to Participate by Telephone (in English and en Español)
- General—Request for Audio Recording of Hearing