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Administrative reviews
What is an administrative review?
An administrative review is a process to have a director’s decision reviewed by other people who were not involved in making the decision. The decision could be reversed, stay the same or be changed in some way. When to use an administrative review? You can ask for an administrative review when you disagree with a decision about you that your caseworker has made. You need to go through the administrative review process before you can take your concerns to the next step: the Appeal Panel.
How to get an administrative review?
- Within 30 calendar days of when the decision is made, contact your caseworker and let them know that you disagree. Ask them to give you an Administrative Review form.
- Make sure you fill out the form and give it to any Child and Family Services Authority office or Delegated First Nations Agency within 30 days from when the decision was made.
- Ask them for a signed and dated receipt to show the date that you submitted your request for an appeal.
- The review must take place within 15 calendar days from the date you submitted your form.
What will happen?
1. You will continue to receive the same benefits while you are waiting for the review. If the issue is about placement, you will be moved only if it is not safe for you to stay.
2. If the decision being reviewed is your placement into or removal from a residential facility, then you will be moved only if it is necessary to keep you safe.
3. The caseworker and the supervisor will arrange for at least 2 people who are involved in providing services under the Child, Youth and Family Enhancement Act to do the review. There are rules about who these people can be. For example, the people cannot be the same people who were involved in making the decision that you want reviewed. Ask your caseworker about other rules.
4. You can choose to provide a written submission, or attend a meeting with the review team.
5. You can give the administrative review team any information that you think will help them make a decision.
6. The reviewers will look at your information and the decision that has been made. They will be interested in hearing from both you and your caseworker. You can ask to bring a friend, a witness, a Child and Youth Advocate or a support person with you – can you think of anyone you would want to bring?
7. The decision of the administrative review team is limited by legislation, regulations and policy. Ask your caseworker or the Child and Youth Advocate if you don’t know what these words mean.
8. The reviewers will make a decision and tell you and your caseworker. They may:
- leave the decision the way it is;
- reverse the decision; or
- change the decision in some way.
They need to tell you and your caseworker, in writing, what the decision is within 15 days of receiving the request. They also must give you reasons for the decision. If you don’t receive a written decision within 15 days, the decision being reviewed is unchanged.
Still disagree with the decision?
If you still disagree with the decision made at the administrative review, you may be able to appeal the decision to the Appeal Panel. To see if you qualify to file an appeal, go to Appeal Panel.
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