Description of Hearing Types

The charge to the Hearings and Appeals section is to provide a fair and unbiased due process hearing to Department of Mental Health providers and certain Department clients. The hearing process is open to individuals against whom the Department has taken adverse action. Hearings are conducted by the Hearings Administrator.

Types of hearings conducted:

Abuse/Neglect: An agency employee (and certain Department employees) who have been determined to have committed abuse, neglect, or misuse of funds or property may request a hearing to appeal that determination.

Eligibility: Any person who has applied for a service from the Division of Developmental Disabilities and been determined ineligible for that service may appeal that determination.

Revocation: A forensic client whose conditional release is provisionally revoked by the Director of Forensic Services is granted a hearing appealing the revocation.

Transfer: A forensic client who is transferred from a Department facility or a county jail to Biggs Forensic Center is granted a hearing appealing the transfer.

Minor Transfer: A minor who is transferred from Hawthorn Children’s Psychiatric Hospital to an adult Division of Behavioral Health facility or is directly admitted an adult Division of Behavioral Health facility is granted a hearing appealing the transfer or direct admission.

Certification: Certain contract providers who have their license/certificate denied or revoked by the Department may appeal that determination.